The regulations set by this chapter shall be the minimum regulations
within each district and shall apply uniformly to each class or kind
of structure or use of land, except as hereinafter provided:
A.
No building, structure or land shall hereafter be used or occupied,
and no building or structure or part thereof shall hereafter be erected,
constructed, reconstructed, moved or structurally altered except in
conformity with all the regulations herein specified for the district
in which it is located.
B.
No building or structure shall hereafter be erected or altered which:
(1)
Exceeds the height limitation for any structure within a specified
district;
(2)
Accommodates or houses a greater number of families;
(3)
Occupies a greater percentage of lot area; or
(4)
Has narrower or smaller yards or other open spaces than herein required,
or in any other manner contrary to the provisions of this chapter
and the requirements of the New York State Uniform Code.
C.
No part of a yard or other open space, or off-street parking or loading space required or in connection with any building or use for the purpose of complying with the regulations set forth herein, shall be included as part of a yard, open space or off-street parking or loading space similarly required for any other building or use except as provided in Article XI of this chapter.
D.
No yard or lot existing at the time of enactment of this chapter
shall be reduced in dimension or area below the minimum requirements
set forth herein. Yards or lots created after the effective date of
this chapter shall meet or exceed the minimum requirements.
In an R-1 Residential District, no building or premises shall
be used, and no building or part of a building shall be erected, or
altered, which is arranged, intended, or designed to be used, in whole
or in part for any uses except the following:
A.
No lot shall have erected upon it more than one principal building.
No yard or other open space provided about any building for the purpose
of complying with the provisions of this chapter shall be considered
to provide a yard or open space for any other building.
B.
Permitted principal uses:
(1)
Single-family dwellings, not to exceed one principal structure per
lot.
C.
Permitted accessory uses:
(1)
One private garage or carport with a maximum capacity of 600 square
feet for the parking of motor vehicles of residents on the premises.
(2)
Customary accessory structures serving residential uses, including but not limited to fences, storage buildings, greenhouses, tennis courts, pet shelters, fireplaces and freestanding towers, all subject to the provisions of Article III of this chapter.
(6)
Not more than one ground-mounted satellite TV dish antenna not more
than 12 feet in diameter and 16 feet in height may be permitted for
each property. The minimum setback of a ground-mounted satellite TV
dish antenna from all property lines shall be 16 feet. A zoning permit
issued by the Zoning Officer shall be required prior to placing a
dish in operation. The Hamlet may require the applicant to screen
the dish antenna in order to reduce potential nuisance or disturbances
to adjacent properties. Although locations in side yards and rear
yards shall be encouraged, a ground-mounted satellite TV dish antenna
may be located in a front yard if the applicant can demonstrate to
the satisfaction of the Planning Board that locating the dish in either
the side yard or rear yard would not provide adequate reception.
(7)
Other antennas or towers may be either ground-mounted, mounted on
or attached to a building for support. Such antennas or towers shall
not exceed 15 feet above the maximum height of the building on which
they are mounted or to which they are attached or accessory thereto.
A zoning permit issued by the Zoning Officer shall be required prior
to placing a ground-mounted antenna in operation.
(8)
An antenna or tower which is ground mounted shall be located in a
rear yard only. Antennas or ground-mounted towers shall be set back
from all other structures and all property lines a distance which
is not less than 1 1/2 times the distance between the highest
part of such antenna or tower and the ground. Guy wires, anchors and
other supports for an antenna shall not be closer than 10 feet to
the property line.
(9)
Other accessory uses not specified herein may be approved by the
Planning Board, provided that the Board determines that such uses
are clearly accessory to the permitted principal use and consistent
with the purpose and intent of the zone district and this chapter.
D.
Dimensional requirements. The dimensional requirements for this district
are specified in the Zoning Bulk and Use Table included as an attachment
to this chapter.
In an R-2 Residential District, no building or premises shall
be used, and no building or part of a building shall be erected, or
altered, which is arranged, intended or designed to be used, in whole
or in part for any uses except the following:
B.
Permitted accessory uses:
(1)
Includes all uses, provisions and regulations specified for the R-1
Residential District.
C.
Dimensional requirements. The dimensional requirements for this district
are specified in the Zoning Bulk and Use Table included as an attachment
to this chapter.
D.
Special uses. The following uses may be permitted consistent with the provisions of Article X, provided that a special use permit is approved by the Planning Board:
(1)
Includes all uses, provisions and regulations specified for the R-1
Residential District except for two-family dwelling units and duplexes,
which are permitted uses in the R-2 Residential District.
In a C Commercial District, no building or premises shall be
used, and no building or part of a building shall be erected, or altered,
which is arranged, intended, or designed to be used, in whole or in
part for any uses except the following:
A.
Permitted principal uses:
(1)
Retail business establishments which are clearly of a neighborhood
service character, such as, but not limited to, the following:
(2)
Personal service establishments which are clearly of a neighborhood
service character, such as, but not limited to, the following:
(3)
Theaters and assembly halls.
(4)
Restaurants and taverns.
(5)
Newspaper printing, including incidental job printing. Such operations
shall be limited to having not more than 10 full-time persons engaged
therein at any one time and using not more than 20 horsepower in electric
motor power.
(6)
The sale of new and used motor vehicles, provided that:
(a)
Such sales shall be conducted in a fully enclosed building located
on the same lot, and having a building area of not less than 5,000
square feet devoted to the sales and services of motor vehicles.
(b)
Accessory to such building, the sale of new and used motor vehicles
may be carried on in an unenclosed area, provided that:
[1]
Such area is on the same or an adjacent lot to such building.
If the enclosed area is on an adjacent lot, the lot shall be not more
than 200 feet from the lot with the building and shall further be
in the same ownership as said building, be in a C Commercial District,
and be used for no other purpose.
[2]
Such unenclosed area shall be paved, shall be suitably drained,
and shall be maintained in a neat and orderly manner and in good order
and condition.
[3]
All exterior illumination shall be approved by the Planning
Board and shall be shielded from the view of all surrounding properties
and streets.
[4]
Suitable landscaping and/or fencing of such unenclosed area
shall be required and the grade of such area shall at no point exceed
7%.
[5]
As used in this section, the sale of new motor vehicles shall
be deemed to mean only the sale of such motor vehicles under a franchise
granted to the person, firm, or corporation conducting such business
by a motor vehicle manufacturer. Used motor vehicles shall be sold
only in connection with the sale of new motor vehicles. No establishment
for the sale of new and used motor vehicles shall be opened, conducted,
or maintained except as provided above. None of the provisions of
this section, however, shall be deemed to prohibit the continuance
of the present use of any property for the sale of new and used motor
vehicles, provided that any such continued use shall be subject to
all of the provisions of this section. Plans for any changes required
to bring about such conformance shall be submitted to and approved
by the Planning Board before any such change shall be made. The Planning
Board may approve, modify, or disapprove such plans and may impose
reasonable and appropriate conditions to such approval so that the
spirit of this chapter shall be observed.
[6]
A minimum area of 200 feet shall be provided on the lot for
each motor vehicle displayed, parked or stored in any unenclosed area.
Each motor vehicle stored or displayed therein shall be placed or
parked parallel to each other facing in the same direction toward
the street upon which such lot fronts and such motor vehicles shall
be arranged in an orderly manner in such spaces.
(7)
Bus and railroad stations.
(8)
Building supply and farm equipment stores.
(9)
Electrical, heating, plumbing or woodworking shops.
(10)
Assembling, converting, altering, finishing, cleaning, or any
other processing of products, provided that:
(a)
Goods so produced or processed are to be sold at retail, exclusively
on the premises;
(b)
Space used for such purposes shall not occupy more than 20%
of the area devoted to retail sales, shall be clearly incidental to
such retail use and shall be fully concealed from any street;
(c)
Except in connection with newspaper printing, electric motor
power not exceeding a total of 10 horsepower shall be used exclusively.
An installation of 10 horsepower or less using fuel other than electricity
may be used upon a finding by the Zoning Officer that said installation
is expected to be free of nuisance characteristics and will have no
adverse effect on neighboring uses; and
(d)
Not more than two persons shall be engaged in such production/processing
at any one time.
(11)
Outlets and pickup stations for laundries and cleaning establishments
dealing directly with the public. Except as specified hereinafter,
the washing of wearing apparel on the premises is prohibited. Cleaning
of wearing apparel or household effects on the premises is permitted
only if noncombustible solvent is used, except for the incidental
removal of spots with combustible solvent, and only if not more than
10 horsepower in electric motor power is used. Self-service motor
vehicle laundry establishments are permitted, provided each such establishment
shall contain not more than a total of 25 washing or drying machines
or combination thereof.
(12)
Produce markets.
(13)
Funeral parlors.
(14)
Hotels and motels.
(15)
Other business uses which, in the opinion of the Planning Board,
are similar in nature and scale to those permitted above.
(16)
Upon the approval of the Town Board, a principal building may
contain a combination of residential and business uses, provided that
such residential uses are accessory to the business conducted and
located elsewhere than on the street frontage of the ground floor,
and have a minimum habitable area as required in the Zoning Bulk and
Use Table included as an attachment to this chapter.
B.
Permitted accessory uses:
(1)
Private garages and storage buildings which are necessary to store
any vehicles, equipment or materials on the premises and which are
used in conjunction with a permitted business use.
(2)
Off-street parking, loading and unloading facilities, signs, fences
and landscaping, subject to the provisions of this chapter.
(3)
Satellite TV dish antennas subject to the provisions of § 301-30; however, a building-mounted antenna may be permitted by approval of the Planning Board if it can be demonstrated that a ground-mounted location is not appropriate or would not provide adequate reception. No building-mounted TV dish shall exceed four feet in diameter and extend more than six feet above the height of the building to which it is attached.
(4)
Other accessory uses which, in the opinion of the Planning Board,
are similar in nature and scale to those permitted above.
C.
Dimensional requirements. The dimensional requirements for this district
are specified in the Zoning Bulk and Use Table included as an attachment
to this chapter.
E.
Other provisions and requirements for uses in the C District.
(1)
The gross aggregate floor area of all buildings on a single parcel
of land shall not exceed two times the area of the lot on which such
building(s) is located.
(2)
Except as otherwise provided herein, all permitted uses, whether
principal or accessory, including all storage, shall be carried on
in a fully enclosed building. Such provisions shall not apply to parking
of registered vehicles, outdoor loading or other service activities.
In an I Industrial District, no building or premises shall be
used and no building or part of a building shall be erected or altered,
which is arranged, intended or designed to be or is used in whole
or in part for any uses except the following:
A.
Permitted principal uses:
(1)
Any use of a light industrial nature is permitted which involves
only the processing, assembly, compounding or packaging of previously
prepared or refined materials, provided that at no time shall such
use result in or cause:
(a)
Dissemination of dust, smoke, smog, observable gas, fumes or
odor, or other atmospheric pollution, objectionable noise, glare or
vibration that will be evident beyond the property line.
(b)
Hazard of fire or explosion or other physical hazard to any
adjacent building or any land area adjacent to the site of the use.
(c)
Violation of applicable standards or regulations adopted and
enforced by any federal, state, county or Town environmental or health
agency or legislative body. Violation of such standards shall result
in the revocation of an existing certificate of occupancy and/or certificate
of compliance and the immediate cessation of operations. The correction
of the violation and new certificates shall be prerequisite to the
resumption of such industrial operations.
(2)
The following uses are indicative of those which are intended to
be permitted:
(a)
Manufacture of machinery such as cash registers, sewing machines,
typewriters, calculators and other office machines.
(b)
Fabrication of metal products such as baby carriages, bicycles,
metal foil, tin, aluminum, gold, etc., metal furniture, musical instruments,
sheet metal products and toys.
(c)
Fabrication of paper products such as bags, book bindings, boxes
and packaging materials, office supplies and toys.
(d)
Fabrication of wood products such as bolts, boxes, cabinets
and woodworking, furniture and toys.
(e)
Food and associated industries such as bakeries, bottling of
food and beverages, food and cereal mixing and milling, food processing,
food sundry manufacturing, ice cream manufacturing and manufacturing
of spirituous liquor.
(f)
The warehousing or storage of goods and products such as building
materials, farm supplies and the like, which may be sold from the
premises to the general public. The bulk storage of fuel for resale
is specifically excluded from the intent of the above.
(3)
Office buildings for executive, engineering and administrative purposes.
(4)
Scientific or research laboratories devoted to research, design and/or
experimentation and processing and fabricating incidental thereto.
(5)
The compounding and processing of pharmaceutical and cosmetic products.
(6)
Commercial storage buildings.
(7)
Other uses which, in the opinion of the Planning Board, are similar
in nature and scale to those permitted above.
B.
Permitted accessory uses:
(1)
Private garages and storage buildings which are necessary to store
any vehicles, equipment or materials on the premises and which are
used in conjunction with a permitted use.
(2)
Off-street parking, loading and unloading facilities and signs, fences
and landscaping, subject to the provisions of this chapter.
(3)
Other accessory uses which, in the opinion of the Planning Board,
are similar in nature and scale to those permitted above.
C.
Dimensional requirements. The dimensional requirements for this district
are specified in the Zoning Bulk and Use Table included as an attachment
to this chapter.
E.
Other provisions and requirements for uses in the I District.
(1)
Residential uses shall be prohibited, except for a caretaker's residence
on site.
(2)
The manufacturing of all goods, including but not limited to the
processing, assembly, compounding and packaging of materials, shall
be performed in a fully enclosed building.
(3)
Incidental storage out of doors may be permitted, provided that such
materials are shielded from view from public streets and adjacent
off-street parking areas by fencing, landscaping or other appropriate
measures.
(4)
All permitted uses shall set aside not less than 20% of the lot area
to be devoted to seeding, planting, retention of tree cover, or other
landscaping. This area shall be used for no other purposes.
(5)
Each use shall provide truck loading and unloading areas in an amount
sufficient to permit the transfer of goods and products in other than
a public street, off-street parking area or front yard.
(6)
Parking areas may be located in any of the required yard areas, provided
they are not less than 75 feet from a right-of-way line or 30 feet
from a property line.
(7)
The gross aggregate floor area of all buildings on a single parcel
of land shall not exceed 130% of the area of the lot on which such
buildings stand.
A.
Statement of purpose. It is the purpose of this section to promote
the public health, safety, and general welfare, and to minimize public
and private losses due to flood conditions in specific areas by provisions
designed to:
(1)
Regulate uses which are dangerous to health, safety and property
due to water or erosion hazards, or which result in damaging increases
in erosion or in flood heights or velocities.
(2)
Require that uses vulnerable to floods, including facilities which
serve such uses, be protected against flood damage at the time of
initial construction.
(3)
Control the alteration of natural floodplains, stream channels, and
natural protective barriers which are involved in the accommodation
of floodwaters.
(4)
Control filling, grading, dredging and other development which may
increase erosion or flood damages.
(5)
Regulate the construction of flood barriers which will unnaturally
divert floodwaters or which may increase flood hazards to other lands.
(6)
Qualify for and maintain participation in the National Flood Insurance
Program.
B.
Objectives. The objectives of this section are:
(1)
To protect human life and health.
(2)
To minimize expenditure of public money for costly flood control
projects.
(3)
To minimize the need for rescue and relief efforts associated with
flooding and generally undertaken at the expense of the general public.
(4)
To minimize prolonged business interruptions.
(5)
To minimize damage to public facilities and utilities such as water
and gas mains, electric, telephone, sewer lines, streets and bridges
located in areas of special flood hazard.
(6)
To help maintain a stable tax base by providing for the sound use
and development of areas of special flood hazard so as to minimize
future flood blight areas.
(7)
To provide that developers are notified that property is in an area
of special flood hazard.
(8)
To ensure that those who occupy the areas of special flood hazard
assume responsibility for their actions.
C.
General provisions.
(1)
Lands to which this section applies. This section shall apply to
all areas of special flood hazard within the Hamlet.
(2)
Basis for establishing the areas of special flood hazard. The areas
of special flood hazard have been identified by the Federal Emergency
Management Agency in a scientific and engineering report entitled
"Flood Insurance Study Hamlet of Macedon, New York, Wayne County"
dated March 30, 1982, with Flood Insurance Rate Maps enumerated on
Map Index No. 360893 0001B dated September 30, 1983, and with accompanying
Flood Boundary and Floodway Maps enumerated on Map Index No. 360893
001B dated September 30, 1983.
(3)
Interpretation and conflict with other laws. This section has been
developed in response to revisions to the National Flood Insurance
Program effective October 1, 1986, and shall supersede all previous
laws and ordinances adopted for the purpose of establishing and maintaining
eligibility for flood insurance. In their interpretation and application,
the provisions of this section shall be held to be the minimum requirements
adopted for the promotion of the public health, safety, and welfare.
Whenever the requirements of this section are at variance with the
requirements of any other lawfully adopted rules, regulations, or
ordinances, the most restrictive, or that imposing the higher standards,
shall govern.
(4)
Overlay District. The FPO District shall not be independently mapped
upon the Zoning Map, but shall be mapped in conjunction with an underlying
district. The area within the FPO District shall be identical to the
areas of special flood hazard within the Hamlet. The Zoning Map serves
to provide a close approximation of the special flood hazard area.
The FIRM Maps and Flood Boundary-Floodway Map shall be used to determine
the exact legal boundaries of the special flood hazard area.
(5)
Uses permitted; dimensional requirements. The uses permitted and
the dimensional requirements for the FPO District shall be determined
by the regulations specified in this article for the primary or underlying
zone district.
(6)
Penalties for noncompliance. Penalties for noncompliance with these regulations are specified in Article XIII of this chapter. Any structure found not compliant with the requirements of this chapter for which the developer and/or owner has not applied for and received an approved variance under Subsection F will be declared noncompliant and notification sent to the Federal Emergency Management Agency.
(7)
Warning and disclaimer of liability. The degree of flood protection
required by this section is considered reasonable for regulatory purposes
and is based on scientific and engineering considerations. Larger
floods can and will occur on rare occasions. Flood heights may be
increased by man-made or natural causes. This section does not imply
that land outside the areas of special flood hazard or uses permitted
within such area will be free from flooding or flood damages. This
section shall not create liability on the part of the Hamlet, any
officer or employee thereof, or the Federal Emergency Management Agency,
for any flood damages that result from reliance on this section or
any administrative decision lawfully made thereunder.
D.
Administration.
(1)
Designation of the local administrator.
(a)
The Zoning Officer is hereby appointed local administrator to
administer and implement this section by granting or denying floodplain
development permit applications in accordance with its provisions.
(b)
Prior to approving a floodplain development permit for the construction,
expansion, demolition, or substantial alteration of any building or
the change in use of any land area or building within an area of special
flood hazard, the Zoning Officer shall refer all information and documentation
to the Planning Board. The Planning Board shall review the information
and recommend approval or denial of the permit in writing to the Zoning
Officer. The Planning Board, prior to reaching its decision, may request
an advisory opinion from the Town Engineer and/or the Town Attorney.
The Planning Board shall notify the Zoning Officer of its decision
and the Zoning Officer, acting on the written direction of the Planning
Board, shall either approve or deny the permit.
(2)
Establishment of floodplain development permit. A floodplain development permit shall be obtained before the start of construction or any other development within the area of special flood hazard as established in Subsection C(2). Application for a floodplain development permit shall be made on forms furnished by the Zoning Officer and may include, but not be limited to, plans, in triplicate, drawn to scale and showing the nature, location, dimensions, and elevations of the area in question; existing or proposed structures, fill, storage of materials, drainage facilities, and the location of the foregoing.
(a)
Application stage. The following information is required, where
applicable:
[1]
Elevation in relation to mean sea level of the proposed lowest
floor (including basement or cellar) of all structures.
[2]
Elevation in relation to mean sea level to which any nonresidential
structure will be floodproofed.
[3]
When required, a certificate from a licensed professional engineer or architect that the utility floodproofing will meet the criteria of Subsection E(1)(c).
[4]
Certificate from a licensed professional engineer or architect that the nonresidential floodproofed structure will meet the floodproofing criteria of Subsection E(2)(b)[2].
[5]
Description of the extent to which any watercourse will be altered
or relocated as a result of proposed development.
(b)
Construction stage. Upon placement of the lowest floor, or floodproofing
by whatever means, it shall be the duty of the permit holder to submit
to the Zoning Officer a certificate of the elevation of the lowest
floor, or floodproofed elevation, in relation to mean sea level. The
elevation certificate shall be prepared by or under the direct supervision
of a licensed professional engineer or architect and certified by
same. Any further work undertaken prior to submission and approval
of the certification shall be at the permit holder's risk. The Zoning
Officer shall review all data submitted. Deficiencies detected shall
be cause to issue a stop-work order for the project unless immediately
corrected.
(3)
Duties and responsibilities of the Zoning Officer. The duties of
the Zoning Officer shall include, but not be limited to:
(a)
Permit application review. The Zoning Officer shall:
[1]
Review all floodplain development permit applications to determine
that the requirements of this section have been satisfied.
[2]
Review all floodplain development permit applications to determine
that all necessary permits have been obtained from those federal,
state or local governmental agencies from which prior approval is
required.
[3]
Review all floodplain development permit applications to determine
if the proposed development adversely affects the area of special
flood hazard. For the purposes of this section, "adversely affects"
means physical damage to adjacent properties. An engineering study
may be required of the applicant for this purpose.
[4]
Review all floodplain development permits for compliance with
the provisions of Subsection 906 E(1)(e), Encroachments.
(b)
Use of other base flood and floodway data. When base flood elevation data has not been provided in accordance with Subsection C(2), Basis for establishing the areas of special flood hazard, the Zoning Officer shall obtain, review and reasonably utilize any base flood elevation and floodway data available from a federal, state or other source, in order to administer Subsection E(2), Specific standards, and Subsection E(3), Floodways.
(c)
Information to be obtained and maintained. The Zoning Officer
shall:
[1]
Obtain and record the actual elevation, in relation to mean
sea level, of the lowest floor, including basement or cellar, of all
new or substantially improved structures, and whether or not the structure
contains a basement or cellar.
[2]
For all new or substantially improved floodproofed structures:
[a]
Obtain and record the actual elevation, in relation
to mean sea level, to which the structure has been floodproofed.
[b]
Maintain the floodproofing certifications required in Subsection E(2)(b)[2].
[3]
Maintain for public inspection all records pertaining to the
provisions of this section, including variances when granted and certificates
of compliance.
(d)
Alteration of watercourses. The Zoning Officer shall:
[1]
Notify adjacent communities and the New York State Department
of Environmental Conservation prior to any alteration or relocation
of a watercourse, and submit evidence of such notification to the
Regional Director, Federal Emergency Management Agency, Region II,
26 Federal Plaza, New York, NY 10278.
[2]
Require that maintenance is provided within the altered or relocated
portion of said watercourse so that the flood-carrying capacity is
not diminished.
(e)
Interpretation of FIRM boundaries. The Zoning Officer shall have the authority to make interpretations when there appears to be a conflict between the limits of the federally identified area of special flood hazard and actual field conditions. Base flood elevation data established pursuant to Subsection C(2) and/or Subsection D(3)(b), when available, shall be used to accurately delineate the area of special flood hazards. The Zoning Officer shall use flood information from any other authoritative source, including historical data, to establish the limits of the area of special flood hazard when base flood elevations are not available.
(f)
Stop-work orders.
[1]
All floodplain development found ongoing without an approved permit shall be subject to the issuance of a stop-work order by the Zoning Officer. Disregard of a stop-work order shall be subject to the penalties described in Article XIII of this chapter.
[2]
All floodplain development found noncompliant with the provisions of this section and/or the conditions of the approved permit shall be subject to the issuance of a stop-work order by the Zoning Officer. Disregard of a stop-work order shall be subject to the penalties described in Article XIII of this chapter.
(g)
Inspections. The Zoning Officer and/or the developer's engineer
or architect shall make periodic inspections at appropriate times
throughout the period of construction in order to monitor compliance
with permit conditions and enable said inspector to certify that the
development is in compliance with the requirements of either the floodplain
development permit or the approved variance.
(h)
Certificate of compliance.
[1]
It shall be unlawful to use or occupy or to permit the use or
occupancy of any building or premises, or both, or part thereof hereafter
created, erected, changed, converted or wholly or partly altered or
enlarged in its use or structure until a certificate of compliance
has been issued by the Zoning Officer, stating that the use of any
building or land is in conformance with the requirements of this section.
[2]
All other development occurring within the designated flood hazard area will have, upon completion, a certificate of compliance issued by the Zoning Officer. All certificates shall be based upon the inspections conducted subject to Subsection D(3)(g) and/or any certified elevations, hydraulic information, floodproofing, anchoring requirements or encroachment analysis which may have been required as a condition of the approved permit.
E.
Provisions for flood hazard reduction.
(1)
General standards. In all areas of special flood hazard, the following
standards are required:
(a)
Anchoring.
[1]
All new construction and substantial improvements shall be anchored
to prevent flotation, collapse, or lateral movement of the structure.
[2]
All manufactured dwellings shall be installed using methods
and practices which minimize flood damage. Manufactured dwellings
must be elevated and anchored to resist flotation, collapse, or lateral
movement. Manufactured dwellings shall be elevated to or above the
base flood elevation or two feet above the highest adjacent grade
when no base flood elevation has been determined. Methods of anchoring
may include, but are not to be limited to, use of over-the-top or
frame ties to ground anchors. This requirement is in addition to applicable
state and local anchoring requirements for resisting wind forces.
(b)
Construction materials and methods.
(c)
Utilities.
[1]
Electrical, heating, ventilation, plumbing, air-conditioning
equipment and other service facilities shall be designed and/or located
so as to prevent water from entering or accumulating within the components
during conditions of flooding. When designed for location below the
base flood elevation, a professional engineer's or architect's certification
is required.
[2]
All new and replacement water supply systems shall be designed
to minimize or eliminate infiltration of floodwaters into the system.
[3]
New and replacement sanitary sewage systems shall be designed
to minimize or eliminate infiltration of floodwaters.
[4]
On-site waste disposal systems shall be located to avoid impairment
to them or contamination from them during flooding.
(d)
Subdivision proposals.
[1]
All subdivision proposals shall be consistent with the need
to minimize flood damage.
[2]
All subdivision proposals shall have public utilities and facilities
such as sewer, gas, electrical, and water systems located and constructed
to minimize flood damage.
[3]
All subdivision proposals shall have adequate drainage provided
to reduce exposure to flood damage.
[4]
Base flood elevation data shall be provided for subdivision
proposals and other proposed developments (including proposals for
manufactured home parks and subdivisions) greater than either 50 lots
or five acres.
(e)
Encroachments.
[1]
All proposed development in riverine situations where no flood elevation data is available (unnumbered A Zones) shall be analyzed to determine the effects on the flood-carrying capacity of the area of special flood hazards set forth in Subsection D(3)(a), Permit application review. This may require the submission of additional technical data to assist in the determination.
[2]
In all areas of special flood hazard in which base flood elevation data is available pursuant to Subsection C(2) or Subsection D(3)(b) and no floodway has been determined, the cumulative effects of any proposed development, when combined with all other existing and anticipated development, shall not increase the water surface elevation of the base flood more than one foot at any point.
(2)
Specific standards. In all areas of special flood hazard where base flood elevation data has been provided as set forth in Subsection C(2) and Subsection D(3)(b), the following standards are required:
(a)
Residential construction. New construction and substantial improvements
of any residential structure shall:
[1]
Have the lowest floor, including basement or cellar, elevated
to or above the base flood elevation.
[2]
Have fully enclosed areas below the lowest floor that are subject
to flooding designed to automatically equalize hydrostatic flood forces
on exterior walls by allowing for the entry and exit of floodwaters.
Designs for meeting this requirement must either be certified by a
licensed professional engineer or architect or meet or exceed the
following minimum criteria:
[a]
A minimum of two openings having a total net area
of not less than one square inch for every square foot of enclosed
area subject to flooding.
[b]
The bottom of all such openings shall be no higher
than one foot above the lowest adjacent finished grade.
[c]
Openings may be equipped with louvers, valves,
screens or other coverings or devices, provided they permit the automatic
entry and exit of floodwaters.
(b)
Nonresidential construction. New construction and substantial
improvements of any commercial, industrial or other nonresidential
structure, together with attendant utility and sanitary facilities,
shall either have the lowest floor, including basement or cellar,
elevated to or above the base flood elevation or be floodproofed so
that the structure is watertight below the base flood level with walls
substantially impermeable to the passage of water. All structural
components located below the base flood level must be capable of resisting
hydrostatic and hydrodynamic loads and the effects of buoyancy.
[1]
If the structure is to be elevated, fully enclosed areas below
the base flood elevation shall be designed to automatically (without
human intervention) allow for the entry and exit of floodwaters for
the purpose of equalizing hydrostatic flood forces on exterior walls.
Designs for meeting this requirement must either be certified by a
licensed professional engineer or a licensed architect or meet the
following criteria:
[a]
A minimum of two openings having a total net area
of not less than one square inch for every square foot of enclosed
area subject to flooding.
[b]
The bottom of all such openings shall be no higher
than one foot above the lowest adjacent finished grade.
[c]
Openings may be equipped with louvers, valves,
screens or other coverings or devices, provided they permit the automatic
entry and exit of floodwaters.
[2]
If the structure is to be floodproofed:
[a]
A licensed professional engineer or architect shall
develop and/or review structural design, specifications, and plans
for the construction, and shall certify that the design and methods
of construction are in accordance with accepted standards of practice
to make the structure watertight with walls substantially impermeable
to the passage of water, with structural components having the capability
of resisting hydrostatic and hydrodynamic loads and effects of buoyancy.
[b]
A licensed professional engineer or licensed land
surveyor shall certify the specific elevation (in relation to mean
sea level) to which the structure is floodproofed.
|
The Zoning Officer shall maintain on record a copy of all such
certificates noted in this subsection.
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(c)
Construction standards for areas of special flood hazards without base flood elevations. New construction or substantial improvements of structures, including manufactured dwellings, shall have the lowest floor, including basement, elevated to or above the base flood elevation as may be determined in Subsection C(2) or two feet above the highest adjacent grade where no elevation data is available.
[1]
New construction or substantial improvements of structures,
including manufactured dwellings, shall have the lowest floor (including
basement) elevated at least two feet above the highest adjacent grade
next to the proposed foundation of the structure.
[2]
Fully enclosed areas below the lowest floor that are subject
to flooding shall be designed to automatically (without human intervention)
allow for the entry and exit of floodwaters for the purpose of equalizing
hydrostatic flood forces on exterior walls. Designs for meeting this
requirement must either be certified by a licensed professional engineer
or a licensed architect or meet the following criteria:
[a]
A minimum of two openings having a total net area
of not less than one square inch for every square foot of enclosed
area subject to flooding.
[b]
The bottom of all such openings shall be no higher
than one foot above the lowest adjacent finished grade.
[c]
Openings may be equipped with louvers, valves,
screens or other coverings or openings, provided they permit the automatic
entry and exit of floodwaters.
(3)
Floodways. Located within areas of special flood hazard are areas designated as floodways. The floodway is an extremely hazardous area due to high-velocity floodwaters carrying debris and posing additional threats from potential erosion forces. When floodway data is available for a particular site as provided by Subsection C(2) and Subsection D(3)(b), all encroachments, including fill, new construction, substantial improvements, and other development, shall be prohibited within the limits of the floodway unless a technical evaluation demonstrates that such encroachments shall not result in any increase in flood levels during the occurrence of the base flood discharge.
F.
Variance procedure.
(1)
Appeals board.
(a)
The Board of Appeals shall hear and decide appeals and requests
for variances from the requirements of this section.
(b)
The Board of Appeals shall hear and decide appeals when it is
alleged there is an error in any requirement, decision, or determination
made by the Zoning Officer in the enforcement or administration of
this section.
(c)
Those aggrieved by the decision of the Board of Appeals, may
appeal such decision to the Supreme Court pursuant to Article 78 of
the Civil Practice Law and Rules.
(d)
In passing upon such applications, the Board of Appeals shall
consider all technical evaluations, all relevant factors, standards
specified in other sections of this section and:
[1]
The danger that materials may be swept onto other lands to the
injury of others.
[2]
The danger to life and property due to flooding or erosion damage.
[3]
The susceptibility of the proposed facility and its contents
to flood damage and the effect of such damage on the individual owner.
[4]
The importance of the services provided by the proposed facility
to the community.
[5]
The necessity to the facility of a waterfront location, where
applicable.
[6]
The availability of alternative locations for the proposed use
which are not subject to flooding or erosion damage.
[7]
The compatibility of the proposed use with existing and anticipated
development.
[8]
The relationship of the proposed use to the comprehensive plan
and floodplain management program of that area.
[9]
The safety of access to the property in times of flood for ordinary
and emergency vehicles.
[10]
The costs to local governments and the dangers
associated with conducting search and rescue operations during periods
of flooding.
[11]
The expected heights, velocity, duration, rate
of rise, and sediment transport of the floodwaters and the effects
of wave action, if applicable, expected at the site.
[12]
The costs of providing governmental services during
and after flood conditions, including search and rescue operations,
maintenance and repair of public utilities and facilities such as
sewer, gas, electrical, and water systems and streets and bridges.
(e)
Upon consideration of the factors of Subsection F(1)(d) above and the purposes of this section, the Board of Appeals may attach such conditions to the granting of variances as it deems necessary to further the purposes of this section.
(f)
The Zoning Officer shall maintain the records of all appeal
actions, including technical information, and report any variances
to the Federal Emergency Management Agency upon request.
(2)
Conditions for variances.
(a)
Generally, variances may be issued for new construction and substantial improvements to be erected on a lot of one-half acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, provided items [1] through [12] in Subsection F(1)(d) have been fully considered. As the lot size increases beyond the one-half acre, the technical justification required for issuing the variance would normally increase.
(b)
Variances may be issued for the reconstruction, rehabilitation
or restoration of structures and contributing structures listed on
the National Register of Historic Places or the State Inventory of
Historic Places, without regard to the contributing structures procedures
set forth in the remainder of this section.
(c)
Variances may be issued for new construction and substantial
improvements and for other development necessary for the conduct of
a functionally dependent use, provided that:
(d)
Variances shall not be issued within any designated floodway
if any increase in flood levels during the base flood discharge would
result.
(e)
Variances shall only be issued upon a determination that the
variance is the minimum necessary, considering the flood hazard, to
afford relief.
(f)
Variances shall only be issued upon receiving written justification
of:
[1]
A showing of good and sufficient cause.
[2]
A determination that failure to grant the variance would result
in exceptional hardship to the applicant.
[3]
A determination that the granting of a variance will not result
in increased flood heights, additional threats to public safety, extraordinary
public expense, create nuisances, cause fraud on or victimization
of the public or conflict with existing local laws or ordinances.
(g)
Any applicant to whom a variance is granted for a building with
the lowest floor below the base flood elevation shall be given written
notice that the cost of flood insurance will be commensurate with
the increased risk resulting from lowest floor elevation.
A.
Purpose. The purpose of this district is to provide standards for
the development of the Hamlet's Village Center Overlay District in
such a way that it will, over time, evolve into a compact, walkable,
mixed-use district with a high-quality public realm. The interface
of private building frontages with public thoroughfares shapes the
public realm and is a major factor in making streets walkable. This
section establishes design criteria that address critical aspects
of the design of such frontages to ensure that the purpose of this
district is achieved.
B.
BUILD TO LINE (BRT)
STANDARD
Definitions. As used in this section, the following terms shall have
the meanings indicated:
The line up to which the front facades of new buildings shall
be constructed. The BRT is illustrated in the Appendix I plan, included
as an attachment to this chapter.
When used in this section, the word "standard" shall be deemed
to be mandatory and not merely permissive.
C.
Administration. The regulations of this section address the design of building frontages and development along the principal streets within the VCOD. For this reason, all exterior alterations and additions to existing buildings visible from the public right-of-way and all new construction within the VCOD shall be subject to review and approval by the Planning Board for compliance with the objectives and standards set forth in this section. The site plan approval provisions of Article V, Administration and Enforcement, shall be applicable with respect to any new construction or exterior alterations involving any change in the "footprint" of any structure. All nonemergency demolition, except that of accessory buildings of 400 square feet or less, not accessory to a designated building of value, shall also be subject to review and approval by the Planning Board. The Planning Board shall determine whether development proposals are in compliance with the regulations of this section. In the event the Planning Board determines a proposal is in compliance, the proposal shall be approved as expeditiously as possible. In the event a proposal is not in compliance, the proposal shall be returned to the applicant for modification or, if applicable, referred to the Zoning Board of Appeals for a variance. The Planning Board may consult with architects or other design professionals conversant with the principles underlying this section for advice in determining compliance with the regulations of this section.
D.
Civic building exemption. Civic buildings are publicly and privately
owned buildings that contain civic uses supporting the common good.
Civic uses may be educational, cultural, religious or governmental.
Civic buildings often have a ceremonial quality and their design rarely
fits into the norm of the typical commercial and residential structures
that are regulated by this section. For this reason, new civic buildings
are exempt from the specific requirements of this section. They are,
however, expected to exhibit a high degree of design excellence and
any and all exterior modifications shall not be made without prior
approval of the Planning Board.
E.
Design guidelines. The "Design Guidelines for the Village Center
Overlay District in the Hamlet," which are on file in the Town offices,
shall be made part of this section. The purpose of these Design Guidelines
is to lend guidance, examples, and standards to the design and construction
of new and renovated buildings in the VCOD.
F.
Existing buildings.
(1)
Purpose. The VCOD contains a few buildings that are of historical
and/or architectural interest and/or are substantially consistent
with the purpose of this article ("designated buildings of value").
This subsection establishes standards that provide a minimal level
of protection for such buildings. The VCOD also contains a number
of buildings that are not consistent with the purpose of this section.
This subsection establishes standards for all existing buildings that
will ensure that future alterations and additions bring these buildings
into a greater degree of compliance with the requirements of this
section for new construction.
(2)
Designated buildings of value. All existing buildings in the VCOD
constructed before 1940 that are listed in the Appendix and all buildings
constructed in or after 1940 that are substantially consistent with
the purpose of this section and all existing civic buildings shall
be classified as "designated buildings of value."
(3)
Standards.
(a)
Designated buildings of value. The following standards shall
be applicable to exterior alterations to designated buildings of value
in the VCOD:
[1]
Original or significant materials and/or features of a structure
shall be maintained and repaired rather than replaced whenever possible.
[2]
If replacement of existing materials or features is necessary,
the new feature shall match the old in design, color, texture, and
other visual qualities.
[3]
Replacement of missing features shall be based on historical,
documentary, physical or pictorial evidence.
[4]
Minimal alterations to the building or structure shall be made.
[5]
Each property shall be recognized as a product of its own time.
Alterations that seek to create a false sense of historical development
are discouraged.
[6]
Changes to a building that have taken place over time are evidence
of its history and development. Those changes that have acquired significance
in their own right shall be recognized and preserved.
[7]
Where architectural or site features are determined to contribute
to the character of the property or the district, proposed alterations
or additions shall be designed to minimize the impact on those features.
[8]
New additions, exterior alterations, or new construction shall
not destroy historic materials or general features that characterize
the property. The new work shall be compatible with the massing, size,
scale and architectural features of the property and the surrounding
neighborhood, to protect the integrity of the property.
[9]
Additions or alterations to structures shall be constructed
in such a manner that if removed in the future, the essential form
and integrity of the structure and the site would be unimpaired.
[10]
Masonry that has not previously been painted should
not be painted unless deterioration has progressed so far that a protective
surface coating is needed. In such cases, a breathable masonry paint
or stain shall be used. Masonry that has previously been painted shall
be repainted with breathable masonry paint or restored to unpainted
masonry.
[11]
If paint is to be removed from masonry surfaces,
the gentlest effective paint removal method available shall be employed
so as to avoid damage to historic masonry and mortar. Sandblasting
and similar methods shall never be employed.
[12]
Additional design assistance can be requested
from the Planning Board, which can offer helpful suggestions to keep
the historical design intact.
(b)
Standards for all existing buildings. The following standards
shall be applicable to exterior alterations to all existing buildings
in the VCOD:
[1]
Alterations to existing buildings shall be compliant with the
requirements for new construction to the greatest extent practicable.
No alteration shall be permitted that will make an existing building
less compliant with the requirements of this section for new construction
than it was prior to the alteration.
[2]
Alterations to designated buildings of value need not comply
with the requirements for new construction where such requirements
are contrary to the original historic character of the building.
[3]
If the cost of alterations and/or additions to existing buildings
exceeds 50% of the replacement cost of the building, or where the
building area of a proposed addition exceeds 50% of the building area
of the existing building, the entire building shall comply with the
requirements for new construction to the greatest extent practicable.
This standard shall not be applicable to designated buildings of value
where the standard would result in construction that is contrary to
the original historic character of the building.
[4]
If the cost of alterations of current noncompliant awnings or
signage exceeds 50% of their replacement cost, the entire awning or
signage shall comply with the requirements of new construction to
the greatest extent practical.
G.
New construction.
(1)
Purpose. This subsection establishes standards for new construction
within the VCOD to ensure that buildings are sited in such a way and
that building frontages are designed in such a way as to ensure that
the Hamlet's central business district will evolve into a compact,
walkable, mixed-use district with a high-quality public realm. While
these standards do not mandate or prohibit any particular architectural
style, the community has expressed a preference for architectural
styles that relate to the traditional architecture found in the VCOD.
New construction within the VCOD shall strive to reinforce the coherence
of the Hamlet center by harmonizing with its traditional character.
This can best be achieved by varying the details from building to
building while emulating the range of building types exemplified by
the designated buildings of value, historic photographs of the Hamlet,
and traditional architecture of villages in the immediate surrounding
counties. Achievements will be reinforced by these standards.
(2)
Buildings with retail frontage. All new buildings with frontage along
streets within the VCOD shall have retail frontages along those streets.
Retail uses are not required in such buildings, but the design of
the buildings is required to be suitable for retail or other pedestrian-oriented
uses.
(3)
Building disposition.
(a)
"Building disposition" refers to the placement of a building
on its lot and the building's relationship to adjacent buildings and
the street. Building disposition is a crucial part of the interface
of private building frontages with public thoroughfares, which shape
a compact, walkable public realm.
(b)
Standards. The following standards shall be applicable to new
construction in the VCOD:
[1]
New building frontages shall be at or close (plus/minus five
feet) to the sidewalk, and substantially parallel to the sidewalk,
and shall be constructed to the build-to line (BTL). When adjacent
to a designated building of value, the new building frontage shall
be aligned with the adjacent building frontage so as not to expose
blank side walls. Relief from the building frontage line may be incorporated
into the building to allow for pedestrian amenities such as recessed
entrances or special corner treatments.
[2]
New building frontages shall extend to both side property lines
to the extent practicable. Breaks between or through buildings may
be incorporated to provide pedestrian and/or vehicular access to rear
parking facilities or other spaces, buildings, etc. located behind
the building.
[3]
New building frontages may be set back zero feet to five feet
from the build-to line. New building frontages constructed adjacent
to existing buildings already in compliance with this standard shall
be aligned with the existing building frontage where the side wall
of the existing building is blank. A portion of the building frontage
may be set back more than five feet from the build-to line, provided
that at least 50% of the building frontage is set back no more than
five feet. At corner locations, building frontage may exceed five
feet to accommodate special corner treatments, provided at least 75%
of the building frontage along each street is set back no more than
five feet from the public right-of-way.
[4]
Buildings without retail frontage may have building frontage
setbacks in excess of five feet at the discretion of the Planning
Board.
[5]
New building frontages shall extend to both side property lines
except as needed for the provision of pedestrian and/or vehicular
access to the rear of the property or where window openings or other
conditions at an adjacent building preclude construction to the side
property line.
[6]
Buildings without retail frontage may have side yard setbacks
determined at the discretion of the Planning Board.
(4)
Building configuration.
(a)
"Building configuration" refers to the critical elements of
the design of building frontages as they shape the public realm. Such
elements include building height and massing, the composition of the
building facade, the degree of building transparency and building
materials.
(b)
Standards. The following standards shall be applicable to new
construction in the VCOD:
[1]
New building frontages shall encourage and promote a sense of
design continuity that appropriately relates the traditional past
of the Hamlet center to ongoing revitalization and redevelopment efforts.
[2]
The architectural design of new buildings shall be harmonious
with, but need not mimic, the design of nearby designated buildings
of value.
[3]
New building frontages shall encourage a pedestrian-oriented
and human-scaled right-of-way, public realm and streetscape.
[4]
New building frontages facing streets, pedestrian walkways or
waterways shall be active. Active building frontages shall include
windows, building entrances and other architectural features that
enhance the pedestrian scale and experience of the building frontage.
[5]
New buildings shall have a minimum height of two stories and
a maximum height of 50 feet. Buildings of one story may be permitted,
provided that no part of the building frontage is less than 20 feet
in height. Buildings of four stories may be permitted, provided the
fourth story is recessed at least 10 feet from the building frontage
line or the fourth story is incorporated into the attic space of a
pitched roof.
[6]
A building frontage shall have a transition line. A transition
line is a horizontal architectural element, such as a cornice, balcony
or change in material, which spans the full width of the facade, and
creates a distinction between the first and second stories. Transition
lines shall be designed in proportion to the overall height and width
of the proposed building and shall relate to adjacent designated buildings
of value or buildings constructed in accordance with this section.
The Planning Board may waive this requirement for buildings without
retail frontage.
[7]
A building frontage shall have a roof line. A "roof line" is
an architectural element, such as a cornice, parapet or change in
material, which creates a distinction between the top of the building
and the lower floors. Roof lines shall be designed in proportion to
the overall height and width of the proposed building and, where practicable,
shall relate to existing adjoining designated buildings of value or
buildings constructed in accordance with this section.
[8]
A building frontage wider than 50 feet shall have vertical division
lines. A "vertical division line" is an architectural element, such
as a pilaster, change in plane or change in material, which creates
distinct increments of the building mass. Vertical division lines
shall be designed in proportion to the overall height and width of
the proposed building, and shall be spaced at sufficient intervals
to avoid large undifferentiated wall surfaces. The Planning Board
may waive this requirement if the building design harmonizes with
the scale of nearby designated buildings of value and avoids large
undifferentiated wall surfaces by means other than vertical division
lines.
[9]
Buildings with ground-floor retail frontage shall provide areas
of transparency equal to at least 70% of the wall area, between the
height of two feet and eight feet from the ground.
[10]
Buildings without ground-floor retail frontage
shall provide areas of transparency equal to at least 30% of the wall
area, between the height of two feet and eight feet from the ground.
Window proportions shall be square or vertical and shall be recessed
at least four inches from the plane of the building facade where the
facade is of masonry or stucco.
[11]
Building frontages shall provide areas of transparency
equal to at least 20%, but not more than 50%, of the building frontage
area above the transition line. Window proportions shall be vertical
and shall be recessed at least four inches from the plane of the building
facade where the facade is of masonry, stucco or exterior insulation
and finishing system (EIFS).
[12]
All glazing shall be clear or lightly tinted.
[13]
Building frontages shall be constructed of durable
materials such as brick, stone masonry, terra cotta, stucco, fiber
cement (panels, siding, clapboard siding, and trim boards) or finishing
wood. Exterior insulation and finishing system (EIFS) may be utilized
above the transition line only. Solid, paintable PVC trim boards or
similar materials are also permitted. Inappropriate materials such
as corrugated metal panels, mirrored glass, plywood panel siding (T-111),
concrete block (except glazed, ground face or split face used as accent
trim) and pre-cast concrete panels are prohibited on building frontages
facing streets, pedestrian walkways or the build-to line.
[14]
Commercial-grade vinyl clapboard siding at four inches or five inches of exposure shall be an acceptable façade material, in lieu of materials enumerated in Subsection [13] above, upon approval of the Planning Board.
[15]
Trim material shall be wood, high-density foam,
Azak, PVC, aluminum-clad wood, cement board, fiberglass, special shaped
PVC, precast, stone, or other appropriate substantial material. Vinyl
trim and corner trim are not allowed. Pressure-treated wood trim is
not allowed.
[16]
Trim shall be substantial in detail, size, and
section corresponding to traditional architectural designs. Corners
shall be a minimum of 5 1/2 inches. Window jambs shall be minimum
of 3 1/2 inches. Window heads shall be a minimum of 5 1/2
inches. Square columns shall be a minimum of 7 1/2 inches square.
Roof rakes shall be a minimum of 7 1/4 inches.
[17]
Porch railings shall be wrought iron, Trex, wood,
or vinyl with balusters at a maximum of four inches O.C. Pressure-treated
wood is not allowed.
H.
Building function (permitted uses).
(1)
Purpose. "Building function" refers to the uses accommodated by a
building and its lot. This section regulates uses permitted within
the VCOD and the location of certain uses within buildings, to ensure
that building frontages along streets are as active and pedestrian-oriented
as possible.
(3)
Additional use standards. The following standards shall be applicable
to all new and altered buildings within the VCOD:
(a)
Residential uses are prohibited on the first floor of buildings
with retail frontage, except for lobbies and associated common spaces
and except for residential uses separated from the public right-of-way
by a permitted use with a minimum depth of 20 feet.
(b)
Parking is prohibited on the first floor of buildings with retail
frontage, except for required ingress/egress and except for parking
separated from the public right-of-way by a permitted use with a minimum
depth of 20 feet.
(c)
No single first-floor tenant space may have frontage exceeding
75 feet along a public right-of-way. Tenant space in excess of 75
feet in width shall be separated from the public right-of-way by another
tenant space with a minimum depth of 20 feet.
(d)
All primary building entrances shall face a public right-of-way
and shall have a direct pedestrian connection to the right-of-way.
(e)
For apartment buildings, the following minimum dwelling unit
sizes shall be required, exclusive of additional building areas provided
for common use of residents, such as lobbies, corridors, stairways,
elevator shafts, storage spaces, meeting rooms and recreation areas:
[1]
Efficiency apartments: 625 square feet of livable area; not
more than 25% of the total units in any development shall be efficiency
apartments.
[2]
One-bedroom apartments: 800 square feet of livable area.
[3]
Two-bedroom apartments: 950 square feet of livable area.
[4]
Three-bedroom apartments: 1,100 square feet of livable area.
[5]
Storage space. The Planning Board may require the provision
of designated storage space for each unit, of a minimum size of 60
square feet for each unit, and of such dimensions and design as, in
the discretion of the Planning Board, shall provide readily utilizable
storage space for residents. Such designated storage space may be
provided within each unit, or grouped or clustered in an area accessible
by residents from inside the same building. If grouped or clustered,
each storage space shall be suitably separated from other spaces,
with adequate provision for security and safety.
I.
Awnings, lighting, signage, and miscellaneous appurtenances.
(1)
Purpose. This subsection establishes standards for awnings, lighting,
signage and miscellaneous appurtenances on new and existing buildings.
It is intended to ensure that the design of these items is in character
with the building and does not impact the historic quality of designated
buildings of value.
(2)
Standards for awnings. The following standards shall be applicable
to new awnings in the VCOD:
(a)
Awnings shall be of canvas or canvas-like material.
(b)
Awnings shall have a triangular profile.
(c)
Awnings shall be straight-topped if the windows they shade are
flat-topped.
(d)
Awnings may be arched if the windows they shade are arched.
The shape of the awning arch shall match the shape of the window arch.
(e)
Awnings shall be separated to shade individual window openings.
(f)
Awnings shall not be of heavy vinyl or plastic and shall not
have plastic grid or other types of soffits.
(g)
Awnings shall not be backlighted with the purpose of use as
signage.
(h)
Awnings shall be placed on buildings so as not to obscure architectural
features and detail.
(i)
Awnings of storefront windows and doors shall be designed and
constructed in sections corresponding to the window and door segments
of the storefront.
(j)
Awnings shall be set between eight feet and nine feet from the
sidewalk below.
(3)
Standards for lighting. The following standards shall be applicable
to new building lighting in the VCOD:
(a)
Lighted building facades shall utilize fixtures that are small,
shielded and directed toward the building. Electrical conduit and
junction boxes shall be located so as to minimize, or if possible
eliminate, their visibility from the public right-of-way.
(b)
Lighting for signage or other purposes shall utilize decorative,
simple, unobtrusive fixtures. Lighting shall not be excessive and
shall be directed toward the signage or other object to be lighted.
Concealed box signs are not allowed.
(c)
New buildings must have lighting on the building for pedestrian
safety, including alleyways between buildings.
(4)
Standards for signage. The following standards shall be applicable
to new signage in the VCOD:
(a)
Signage shall be located in a manner that supports a pedestrian-friendly
atmosphere.
(b)
Types of signage to be encouraged include lettering and graphics
affixed to the interior of the storefront glazing (provided visual
access to the interior is not adversely affected), fixed banners mounted
above the sidewalk, signage on the valance of an awning, projecting
signs mounted to decorative brackets or wall signs mounted just below
or above the building transition line.
(d)
The maximum total area of all (combined) signs shall not exceed
64 square feet; on a facade, the maximum total area of all signs shall
not exceed 1.5 square feet per one lineal foot of building frontage.
(e)
Signs shall be placed on buildings so as not to obscure architectural
features and detail.
(f)
Signs shall be made of metal, painted wood or other painted
similar material. Fabric banners may also be used as projecting signs.
(g)
Fixed fabric banners may be used as projecting signs and shall
comply with the following standards:
[1]
No portion of the banner may be less than nine feet above grade.
[2]
No portion of the banner may extend above the roofline of the
building.
[3]
The banner shall extend no more than three feet beyond the building
frontage line.
[4]
The banner shall extend to no more than three feet from the
curbline.
[5]
The banner shall not exceed two feet in width.
[6]
All mounting hardware shall be located between the building
transition line and the building roofline.
[7]
Freestanding and ground signs, except for entrance/exit signs
for off-street parking areas, are prohibited in the VCOD where building
front yards are less than 20 feet.
(h)
Ground signs, where allowed, shall be placed perpendicular to
the related building.
(i)
Exterior neon signs shall not be allowed. One interior neon
sign is allowed, provided it is no more than four square feet in size.
Window-edging strip lighting, neon or otherwise, is prohibited.
(j)
Movable A-frame sandwich board signs are allowed, provided they
do not exceed seven square feet in area and that they be removed from
the public sidewalk or front yard during nonbusiness hours unless
otherwise approved by the Planning Board.
(k)
Temporary advertising signs (paper, rigid, etc.) placed on the
interiors of windows shall not be greater than 25% of the window area.
Non-temporary advertising signs are allowed in upper-story windows
above the first floor.
(l)
When replacing or adding a new exterior hanging sign, a sign
permit must be issued by the code officer.
(m)
Sexually oriented signs are forbidden in the VCOD. New York
Penal Law § 235.05 prohibits advertising which is obscene.
(n)
Holiday decorations. All holiday specific decorations must be
removed before 14 days after the celebrated holiday. This does not
include the American Flag or clear decorative lights. Hanging of all
permanent and mounted American Flags must follow United States Code.
This can be found at USFlag.org. Permanently mounted flags require
a sign permit.
(o)
Garage sale signs must be removed the ending day of the sale.
Garage sale signs are not permitted on park or municipal property.
(p)
Political signage is not permitted on municipal property unless
it is signage authorized by the Town Supervisor. This authorization
can be for Hamlet-specific signage or upon special request and approval
by the Town Supervisor. Example: School Board vote sign or school
athletic event.
(5)
Miscellaneous standards. The following standards shall be applicable
to new miscellaneous appurtenances in the VCOD:
(a)
Security grates or shutters shall not be mounted to the exterior
of any building. Open-type security grilles may be placed on the interior
side of storefronts, provided visual access to the interior is not
adversely affected.
J.
Parking and site design.
(1)
Purpose. The provision of adequate parking is critical to the success
of the central business district, while the proper location and design
of parking facilities is a critical component in the assembly of a
coherent, compact and walkable Hamlet center. It is the intent of
this subsection to encourage the creation of a "park once" environment,
where patrons will find the parking they need, feel comfortable parking
in one location and walking throughout the Village Center Overlay
District. While this subsection includes minimum parking requirements,
applicants shall, to the extent practicable, utilize the alternative
parking arrangements detailed in this subsection to determine the
number of off-street parking spaces required. It is the intent of
this subsection to provide the maximum amount of flexibility in determining
the required amount of off-street parking, while making the most efficient
use of land devoted to surface parking. Ideally, all nonresidential
parking will be available to visitors to any location in the VCOD.
(2)
Required parking spaces. For the following uses, the minimum number
of off-street parking spaces shall include:
|
Use
|
Minimum Number of Required Spaces
| |
|---|---|---|
|
Residential
|
1.0 per dwelling
| |
|
Lodging
|
1.0 per guest room
| |
|
Office
|
2.0 per 1,000 square feet
| |
|
Retail
|
4.0 per 1,000 square feet
| |
|
Civic:
| ||
|
Theaters and other assembly
|
1.0 per 4 seats
| |
|
Museums
|
2.0 per 1,000 square feet
| |
|
Libraries
|
1.0 per 1,000 square feet
| |
|
Municipal
|
2.0 per 1,000 square feet
| |
|
Educational (elementary and intermediate)
|
2.0 per classroom
| |
|
Educational (post-intermediate)
|
1.0 per 10 students + 2.0 per classroom
| |
|
Religious assembly
|
1.0 per 4 seats
| |
|
Other:
| ||
|
Mortuaries
|
1.0 per 1,000 square feet
| |
|
Medical clinics
|
5.0 per 1,000 square feet
| |
|
Lodge
|
5.0 per 1,000 square feet
| |
|
Club
|
5.0 per 1,000 square feet
| |
|
Restaurant
|
5.0 per 1,000 square feet
| |
(3)
Alternative parking arrangements. Any combination of the following
alternative parking arrangements may be utilized to determine the
minimum required number of off-street parking spaces:
(a)
On-street and municipally owned off-street parking. On-street
and municipally owned off-street parking spaces may be used to satisfy
up to 20% of the requirements for off-street parking. On-street parking
shall be located only on streets within the public right-of-way and
shall be located within 1,000 feet of the use. On-street parking spaces
shall be located within the VCOD or an adjacent FP-O District. Municipally
owned off-street parking may be located anywhere within the VCOD or
within an adjacent FP-O District if located within no more than 1,000
feet of the use.
(b)
Shared parking. Parking may be shared by different functions
or uses located in the same building or on the same premises, or by
uses located on different premises. When parking is to be shared by
uses located on different premises, a shared parking agreement by
the owner(s) of record of the parking area and the applicant shall
be submitted to and approved by the Planning Board. The shared parking
agreement shall include a site plan indicating the spaces to be leased.
Shared parking works best when spaces are not assigned to a specific
destination or building. While a legal agreement that designates specific
spaces may be necessary, in practice, spaces shall not be designated
for a single use. Shared parking facilities may be located anywhere
within the VCOD or within the adjacent FP-O District if located within
no more than 1,000 feet of the use.
(c)
Shared parking matrix. Shared parking takes advantage of the
fact that different uses have different peak hours of parking demand.
The Sharing Factor Matrix used to determine the required number of
off-street parking spaces is designed to take peak hours of parking
demand into account. The required off-street parking is calculated
by adding the total number of spaces required by each separate use
and dividing the total by the appropriate factor from the Sharing
Factor Matrix. When more than two uses share parking, the lowest factor
shall be used to assure that enough parking is provided.
|
(d)
Properties of exception. Properties of exception must be brought
to the Zoning Board of Appeals for a relief exception certificate.
(e)
Special event parking must be clearly defined through signage.
(f)
No commercial or recreational vehicles may be parked in the
target area for more than two hours. Vehicles will be towed at the
owner's expense after two hours.
(g)
No for-sale vehicles may be parked on Route 31 Main Street unless
at a designated auto business merchant. Single-family homes in the
target area may have a for-sale sign on their personal vehicle on
their property.
(h)
Parking demand analysis. The number of off-street parking spaces
required for uses or functions not listed in this subsection shall
be determined by a parking demand analysis to be prepared by the applicant.
When parking will be shared with other functions, the parking demand
analysis may be used to determine the sharing factor. Such analysis
will include, at a minimum:
(i)
Existing building exemption. No existing building within the
VCOD shall be required to provide additional off-street parking except
when the amount of space devoted to any permitted use is expanded.
In such case, the required amount of additional off-street parking
required shall be based on the additional space devoted to the permitted
use only.
(4)
Standards for parking facilities. The following design standards
shall be applicable to new parking facilities in the VCOD:
(a)
Parking areas shall be hidden from view to the extent practicable.
(b)
Parking areas shall be located behind buildings. Parking may
sometimes be acceptable at the side of a building, but only if properly
screened from the public right-of-way. Parking shall never be located
on corners or in front of buildings.
(c)
Access from streets to parking areas shall be clearly defined.
In order to minimize the number of curb cuts, shared access drives
and the development of rear service lanes for access to parking and
loading areas are encouraged.
(d)
Shared parking areas that extend across property lines are encouraged
as parking can be more efficiently organized in larger areas than
in smaller areas, resulting in more parking capacity with less land
devoted to parking.
(e)
Large parking areas shall be generously endowed with shade trees.
(f)
Parking areas shall be properly screened from adjacent residential
districts.
(g)
On-street parking is strongly encouraged as an important part
of the parking supply. On-street parking reduces the need for off-street
parking, provides a safety buffer between pedestrians and moving traffic
and has a traffic-calming effect.
(h)
Parking shall not be permitted between a building and the public
right-of-way. Where existing or proposed buildings are set back from
the public right-of-way, the front yard shall not be converted to
parking.
(i)
Parking to the side of a building with frontage along the public
right-of-way may be permitted when in compliance with the following
standards:
[1]
The overall width of the parking area frontage along the public
right-of-way shall not exceed 65 feet, not including sidewalks or
landscaped areas.
[2]
The paved parking area shall be no closer than 10 feet to the
public right-of-way and shall not project beyond the building frontage
of any adjoining building.
[3]
The parking area shall be screened from the public right-of-way
by a hedge maintained at least 30 inches in height above grade and/or
a street wall at least three feet in height but no more than six feet
in height. Where a street wall is used, it shall be constructed of
the same material as the building so as to act as an extension of
the building wall; it shall be opaque to a height of at least three
feet; above three feet the street wall may be topped with a decorative
fence for part or all of its length. Decorative piers or other vertical
elements may extend to eight feet in height.
(j)
Vehicular access lanes to/from public thoroughfares shall not
exceed 10 feet in width, and no more than two lanes (one in each direction)
shall be permitted at any single vehicular access point.
(k)
Parking shall not be located within 10 feet of any residential
district or use, except where a solid screening wall or fence at least
six feet in height is placed on the lot line with vehicle stops or
a bumper to ensure the integrity of the fence, in which case no setback
shall be required. Parking lot stops shall consist of durable material,
such as concrete, masonry, metal or rubber. Wooden stops are prohibited.
(l)
Where parking is located 10 feet from a residential district
or use, the perimeter shall be landscaped with ground cover, low shrubs
or flowering plants and shade trees shall be planted at intervals
of not more than 25 feet.
(m)
Parking spaces shall be nine feet in width and 18 feet in length
exclusive to accessways and driveways. Backup space for parking spaces
shall be 24 feet. Required handicap spaces shall be sized to conform
to ADA requirements or as defined in the New York State Building Code.
K.
Drive-throughs. Drive-through facilities are antithetical to the
purpose of the VCOD and are strongly discouraged. It is recognized,
however, that there may be instances when a drive-through should be
approved. All drive-throughs shall be permitted by a 4/5 vote of the
Planning Board. All drive-throughs shall be subject to the following
standards:
(1)
Standards. The following standards shall be applicable to new drive-throughs
in the VCOD:
(a)
Drive-throughs shall be located in such a way as to minimize
the impact on pedestrian circulation routes and on adjoining residential
districts or uses.
(b)
Drive-throughs shall be designed in such a way as to be visually
unobtrusive and shall be lighted in such a way as to minimize the
impact on adjoining properties.
(c)
Drive-throughs shall be associated with a business located within
an enclosed building located on the same premises.
(d)
No business shall have more than one drive-through lane or facility.
(e)
Drive-throughs shall be prohibited in the front yard and shall
not be located to prevent direct pedestrian access from the public
right-of-way to the principal building.
(f)
When adjacent to residential districts or uses, drive-throughs,
including both the facility and queuing lanes, shall be screened from
the adjacent residential properties.
A.
Purpose and intent. The Hamlet seeks to establish areas appropriate
for mixed-use development along the Erie Canal that preserves natural
and scenic amenities and enhances public access and recreational opportunities.
Development within the WMU Waterfront Mixed Use District shall be
consistent with the Town's adopted Local Waterfront Revitalization
Program,[1] and at a minimum shall accomplish the following:
(1)
Promote and accommodate a balanced mix of compatible uses that recognize
the unique and irreplaceable character of the Erie Canal. Uses should
be designed to promote public access and use of the waterways while
protecting and utilizing the unique features and vistas throughout
the district.
(2)
Provide for appropriate development sensitive to adjacent properties
designated for use as parkland or public space. Development should
be complementary in size and scale and considerate of environmental
conditions that may limit the amount of activity the site can accommodate.
(3)
Allow and encourage small commercial uses that complement the area's
recreational, tourism, and parkland facilities while being sensitive
to the physical and environmental limitations, such as limited space,
floodplains and wetlands which characterize much of the land within
the WMU District.
(4)
Structures should be designed to highlight the Erie Canal and Hamlet's
heritage through the use of architectural styles, details, finishes
and materials of valued historic forms while avoiding large, suburban-style
development.
B.
Permitted principal uses. The WMU Waterfront Mixed Use District is
intended to promote an appropriate mix of uses along the canal. Therefore,
development activity on all lots within the WMU District must include
a variety of compatible uses consistent with mixed-use development
as defined in this chapter.
(1)
The following shall be permitted as standalone uses only as part
of a comprehensive mixed-use development application:
(3)
Commercial and/or retail uses shall not comprise greater than 50%
of the gross floor area of a mixed-use building and/or mixed-use development.
(4)
Residential uses shall not comprise greater than 70% of the gross
floor area of a mixed-use building and/or mixed-use development and
shall not occupy the ground-floor level.
(5)
Accommodations uses shall not comprise greater than 75% of the gross
floor area of a mixed-use building and/or mixed-use development.
C.
Permitted accessory uses:
(1)
Private garages and storage buildings which are necessary to store
any vehicles, equipment or materials on the premises and which are
used in conjunction with a permitted business use.
(2)
Off-street parking, loading and unloading facilities, signs, fences and landscaping, subject to the provisions of Article XI of this chapter.
(4)
Other accessory uses which, in the opinion of the Planning Board,
are similar in nature and scale to those permitted above.
D.
Dimensional requirements.
(1)
The dimensional requirements for this district are specified in the
Zoning Bulk and Use Table included as an attachment to this chapter.
(3)
Minimum land area, maximum density, minimum gross habitable floor area, and unit distribution shall comply with the regulations outlined in § 301-43.
(4)
Setbacks to the canal are established from the normal pool elevation during navigation season as established by the New York State Canal Corporation, and comply with the regulations outlined in § 301-43.
(5)
Maximum building and other structure heights.
(a)
Maximum building height for any permitted principal uses shall
not exceed five stories. Total building height, including architectural
details, may not exceed 70 feet unless specified otherwise in the
Zoning Bulk and Use Table included as an attachment to this chapter.
(b)
The Planning Board shall have the authority to establish maximum
principal structure heights of less than 70 feet in such cases where
a visual analysis of the site prepared and submitted by the applicant
and reviewed by the Planning Board indicates that such height limitation
is required to protect the scenic view or vistas or to maintain the
overall aesthetic quality of the waterfront area.
(6)
Accessory structures shall not exceed a maximum height of 16 feet
unless otherwise specified or regulated in this chapter. These structures
may be limited in their height, dependent on a visual analysis as
discussed above.
(7)
Maximum impervious coverage. The total overall coverage of all principal
and accessory buildings and structures, parking areas and other impervious
surfaces on any lot shall not exceed 70% of the total lot area. The
remainder shall be open green space and/or landscaped areas.
E.
Other provisions and requirements for uses in the WMU District.
(1)
Ground-floor uses should be reserved for water-dependent or water-enhanced
uses that encourage ground-level vibrancy, such as restaurants, services
and retail.
(2)
Office, residential and small-scale accommodations uses shall be
limited to upper stories of mixed-use buildings.
(3)
Except as otherwise provided herein, all permitted uses, whether
principal or accessory, including all storage, shall be carried on
in a fully enclosed building. Such provisions shall not apply to marinas,
parking of registered vehicles, outdoor loading or other service activities.
(4)
Minimum lot size.
(a)
The required minimum lot size for each zoning district shall
be determined by the Zoning Bulk and Use Table included as an attachment
to this chapter.
(b)
The required minimum lot size shall also be based on the relative
intensity of the proposed use, the need to protect or buffer the proposed
use and the need to protect or buffer the use from scenic views or
vistas.
(5)
Setback requirements. Setbacks for each zoning district shall be
established in accordance with the Zoning Bulk and Use Table included
as an attachment to this chapter.
F.
Additional design standards and requirements. The following additional
design standards and requirements shall apply throughout the district.
(2)
Fencing.
(a)
The use of fencing is discouraged within this district.
(b)
Unless otherwise noted, fencing shall be limited to four feet
in height and shall be designed so as to not visually screen views
of the water.
(c)
Chain-link fencing shall not be permitted.
(d)
For purposes of outside storage of materials directly associated
with the commercial enterprise on said lot, opaque fencing of eight
feet in height shall be permitted to a limited area.
(3)
View protection.
(a)
The site shall be developed to maximize view opportunities at
the water's edge and view corridors throughout the development.
(b)
Site layout and design shall consider view corridors from the
water and any adjacent public open space.
(c)
The Planning Board may require the applicant to provide information
which will allow an adequate review of the potential impact of the
development on the scenic resources of the area. Information that
may be requested may include elevations or perspective sketches showing
the proposed development and its impact on views to the water from
surrounding public open space and/or public rights-of-way.
(d)
Based on the findings of the visual assessment, the Planning
Board may limit the height or length of any proposed structure and
may recommend changes in the arrangements of buildings if, in its
determination, the proposed limitations or changes will protect or
enhance the visual character.
(4)
Parking. All permitted uses shall comply with the regulations outlined in Article XI of this chapter.
(5)
Utilities and communication facilities.
(a)
Unless extenuating circumstances are found, it is the strong
intent that all utility and communication facilities shall be installed
underground where feasible.
(b)
Installation shall be in the manner prescribed by the regulations
of the government agency or utility company having jurisdiction. However,
it is the responsibility of the applicant to coordinate the appropriate
location of utility services in advance of construction and communicate
changes to the Planning Board in advance of installation.
(c)
Where facilities are provided, they shall be planned to anticipate
future utility needs and shall be sited to reduce future capital costs.
(7)
Docking facility and marina design standards shall be governed by
all applicable federal and state standards and regulations.
G.
Storage of materials:
(1)
Required service areas, required loading areas and outdoor storage
areas shall be located so as to not be visible from public streets,
public pedestrian ways or public open space.
(2)
Service, loading and storage facilities should be architecturally
incorporated into the building or architecturally treated with walks,
fencing and landscaping.
(3)
Where these facilities are visible from public or private pedestrian
areas or public open space, they shall be completely screened with
opaque materials.
H.
Lighting.
(1)
All lighting shall be located and designed as an integral part of
the entire project and shall consider the architectural and landscape
context of the site.
(2)
Lighting shall be provided for visibility, security and as an accent
to architectural and/or landscape features.
(3)
Pedestrian-scale lighting shall be provided along major pedestrian
paths and along the water's edge.
(4)
All wiring for lighting shall be installed underground.
I.
Circulation.
(1)
On-site circulation shall be designed to minimize conflicts between vehicles and pedestrians. See standards and provisions outlined in § 301-44.
(2)
Common driveways and interconnection of parking areas should be provided
where practical in order to efficiently serve adjacent related or
complementary uses, to minimize the number of road cuts and to concentrate
and control turning movements onto feeder roads and trail crossings.
(3)
All bike and walking paths shall be clearly identified with striping
and/or signage as necessary within parking areas, driveway crossings
and public roadway crossings.
(4)
Sidewalks or paths shall be placed parallel to all major roadways
or driveways or shall form an interconnected network within a property
or group of properties. Whenever practicable, pathways shall be connected
to the existing local or regional pathway system.
A.
Purpose and intent. The purpose and intent of the R-3 High Density
Residential District is to provide for the development of a variety
of housing options while maintaining the community's traditional village
character. In addition, the High Density Residential District is intended
to take advantage of the proximity of the Erie Canal, while maximizing
the development potential of lands in northern sections of the Hamlet.
B.
Permitted principal uses. In an R-3 Residential District, no building
or premises shall be used, and no building or part of a building shall
be erected, or altered, which is arranged, intended or designed to
be used, in whole or in part for any use except the following:
C.
Permitted accessory uses:
(1)
One private garage or carport per dwelling unit, with a maximum capacity
of 600 square feet.
D.
Dimensional requirements. The dimensional requirements for this district
are specified in the Zoning Bulk and Use Table included as an attachment
to this chapter.
E.
Special uses. The following uses may be permitted, consistent with the provisions of Article X, provided that a special use permit is approved by the Planning Board:
(1)
Includes all uses, provisions and regulations specified for the R-1
Residential District, except for multifamily dwelling units and townhouse
clusters, which are permitted uses in the R-3 Residential District.
