A.
Purpose. The purpose of this section is to create
a procedure whereby the Town Board may create additional zoning classifications
within the Town in the form of an overlay district.
B.
Creation of district. An overlay district may be created
for the purpose of improving, developing, and/or generally enhancing
any group of properties within the Town, including but not limited
to any neighborhood, street, business area or other defined area of
the Town. Properties to be included in any particular overlay district
shall generally share common characteristics and goals for aesthetics,
economics, safety and/or convenience.
C.
Adoption of Overlay District. In the adoption of any
overlay district, the Town Board shall follow the procedures for adoption
of zoning regulations as same are set forth in § 264 of
the Town Law of the State of New York.
(1)
Where an overlay district is created by the Town Board,
any such local law which creates an overlay district shall define
the purposes, goals, restrictions and requirements that will be applicable
to the overlay district and shall specifically delineate all properties
to be included in the overlay district.
(2)
Any requirements of an overlay district so created
in the Town shall be subject to enforcement in accordance with this
Code in the same force and effect as all other zoning districts in
the Town.
[Added 9-8-2008 by L.L. No. 6-2008]
A.
Purpose. In order to alleviate the effects of the
restrictive nature of the allowed use of restaurants in certain High
Tech Districts within the Town, and to promote the best interest of
good planning so as to reduce these restrictions in those areas, this
procedure is established to modify said uses.
B.
Any property owner, meeting the following criteria,
may apply to the Department to implement the Business Park Overlay
to their property:
(1)
The property is a single lot or made of contiguous
lots (hereinafter the "land") located in a High Tech District consisting
of a minimum of 40 acres of land usable for development, excluding
wetlands and floodplains.
(2)
The owner of the land has applied for and substantially
begun or completed the subdivision process.
(3)
The access to the development is controlled
by a traffic light.
(4)
The proposed development and buildings on the
land shall be complementary in architecture and shall substantially
comply with an overall architectural theme established in the site
plan review process.
C.
The Department will forward the application to the
Planning Board with its recommendation and any conditions or restrictions
it suggests. The Planning Board, taking into account the Department's
recommendation, will forward its recommendation to the Town Board.
D.
Taking into account the status of the project in the
design, approval and construction process, the Planning Board may
include in its recommendation that the construction of the restaurant
may not begin until a certain number of buildings, square footage
of buildings or other measurement of progress in the overall development
of the subdivision has been attained. The purpose of providing a restaurant
facility on the land is to allow the occupants of the land the convenience
of nearby eating facilities, and the availability of the restaurant
to the outside public is a secondary benefit.
E.
Upon the favorable recommendation of the Planning
Board, the Town Board may hold a public hearing and enact, deny or
modify the application for the land to be included in the Business
Park Overlay District.
F.
Upon approval by the Town Board and the inclusion
of the land in the Business Park Overlay District, up to a maximum
of two nonfast-food sit-down restaurant facilities will be allowed
on the land, so long as no drive-through is included.
[Added 9-8-2008 by L.L. No. 7-2008]
A.
Purpose. In order to address the issue that residential vehicle storage, as addressed in § 192-79.1, may be too restrictive in certain residential district areas within the Town where a neighborhood may benefit from a more relaxed standard as relates to residential vehicle storage, and in order to address the best interests of good planning to reduce certain restrictions relating to residential vehicle storage in those areas, this procedure has been established.
B.
Owner-occupants of single-family dwellings in a residential
district may apply to the Department for the establishment of a Residential
Vehicle Storage Overlay District which will affect contiguous properties
as defined below. The application must include the signatures and
addresses of no less than 50 owners of owner-occupied single-family
dwellings in a contiguous area. If there is more than one owner of
any one such dwelling who signs the application, only one signature
shall count as one of the required 50 owner-occupant signatures.
(1)
The Department will forward the application
to the Planning Board with its recommendation of the minimum area
to be included in the proposed overlay district (hereinafter the "excluded
area").
(2)
The Planning Board, taking into account the
Department's recommendation, will propose an initial minimum boundary
of the excluded area. The following criteria shall be considered by
the Planning Board:
(a)
Properties to be included shall be contiguous
and generally share common characteristics, goals for aesthetics and
economics, i.e., a neighborhood.
(b)
The boundaries of the excluded area shall follow
street center lines or prominent natural boundaries, and include whole
blocks.
(c)
All contiguous properties to the boundaries
will be included. A minimum of 100 lots with occupied homes is required
for an excluded area, unless a lesser quantity is clearly dictated
by prominent natural or man-made boundaries.
(3)
The Planning Board will hold an informational
hearing on the proposed excluded area. Each dwelling, including those
within 300 feet of the proposed boundaries, will be notified of the
meeting. Taking into consideration the results of the informational
hearing, the Planning Board will define the proposed excluded area.
C.
Thereafter, no less than 51% of the residential properties
in the proposed excluded area shall petition the Town Board. The Town
Board may hold a public hearing following the submission of a Planning
Board recommendation and enact, deny or modify the Residential Vehicle
Storage Overlay District for the excluded area.
D.
If the Town Board establishes said overlay district,
the following shall be applicable to that excluded area:
(2)
The keeping of unlicensed motor vehicles in
operating condition or junk motor vehicle or equipment may be permitted
if the following conditions are met:
(3)
Personal-use commercial vehicles less than 22
feet in length and recreational vehicles may be parked or stored indoors
or in the front yard or side yard, provided the vehicles are:
[Added 9-8-2008 by L.L. No. 8-2008]
A.
Purpose. The purpose of the Hamlet Residential Overlay
District is to maintain the residential character that exists in the
Hamlet of Jamesville.
B.
C.
Design standards.
(1)
Material.
(a)
The dominant exterior finish shall be or have
the appearance of horizontal wood siding, natural stone or brick.
(b)
Excluding windows, window treatments, and foundation,
a maximum of two primary construction materials may be used on any
one side of a structure and a maximum of three primary construction
materials may be used on any one structure.
(2)
Architectural features. The primary building
shall have at least three different types of the following architectural
features:
(8)
Accessory structures. Accessory structures shall
be consistent with the architectural style and color of the primary
structure.
[Added 6-4-2018 by L.L.
No. 2-2018; amended 10-2-2023 by L.L. No. 6-2023]
A.
Purpose. The specific objectives of these Overlay Districts are to:
(1)
Encourage "Village Center" type development;
(2)
Achieve a compact pattern of development that encourages people
to walk, ride a bicycle or use public transit;
(3)
Allow for a mix of uses, inclusive of residential, designed
to attract pedestrians;
(4)
To discourage singular use buildings developed as isolated islands
within an expansive parking lot;
(5)
To encourage the redevelopment and/or adaptive reuse of aging
commercial strip developments and malls;
(6)
Provide a high level of amenities that creates a comfortable
environment for pedestrians, bicyclists, and other users;
(7)
Provide sufficient density of employees, residents and recreational
users to support public transit, while generating a relatively high
percentage of trips serviceable by public transit;
(8)
Maintain an adequate level of parking appropriate to the use
and integrate this use safely with pedestrians, bicyclists, and other
users;
(9)
To enhance the existing natural features of the Town, including
waterways, landmarks, etc.
B.
Applicability.
(1)
The requirements of this chapter are applied after voluntary
application to the Town Planning Board requesting the application
of such "Mixed-Use Village Overlay," and upon recommendation of the
Planning Board to the Town Board, and adoption by the Town Board and
amendment of the Official Zoning Map of the Town of DeWitt.
(2)
The requirements of this chapter may only be applied, after
all procedural requirements are met, to structures, uses and properties
within the area(s) designated as "Mixed-Use Village Overlay Floating
Districts" as set forth in Appendix A of this chapter.
(3)
The Town recognizes that large mixed-use developments require
additional flexibility to ensure their orderly development. In these
instances, the procedures outlined in § 192-64C(6) shall
be utilized.
(4)
Any property owner desiring to utilize this Chapter for structures, uses and properties within a Mixed-Use Village Overlay area shall make application with (a) the Town of DeWitt Planning Board for site plan review pursuant to § 192-122; and (b) the Town Board of the Town of DeWitt for amendment of the Zoning District Map pursuant to the procedure in § 192-121.
(5)
The applicable regulations for specified uses (Article XVI), requirements applying to all districts (Article XVII), and all requirements of the Zoning District in which the structure, use or property is situated shall apply to all structures, uses or property within the Mixed-Use Village Overlay District except as same may be specifically modified in this chapter.
(6)
Until all requirements of this chapter are followed, including
the amendment of the Official Zoning Map of the Town of DeWitt as
contemplated herein, the Zoning District and its requirements pursuant
to the Code of the Town of DeWitt remain unchanged.
C.
General overview.
(1)
Mixed-use is intended to provide a development where residential
uses, accompanied by commercial uses, are integrated into a pedestrian-friendly
neighborhood. Project amenities that address this objective include
but are not limited to:
(a)
Sidewalks throughout the development, including walkways within
parking lots.
(b)
Architectural street lighting and site furniture.
(c)
Consistent architectural theme throughout.
(d)
Extensive landscaped and green areas with feature areas for
pedestrian and public use.
(e)
Clustering of buildings which allow for large areas for walks,
pathways and recreational areas, as well as connections to adjoining
properties and nearby uses and facilities.
(2)
Overall project density shall be based on the parameters described
herein in consultation with the Planning Board prior to preliminary
site plan and subdivision preparation.
(3)
Portions of buildings designated and approved for commercial
purposes shall not be used for dwelling purposes, and portions of
buildings designated and approved for dwelling purposes shall not
be used for commercial purposes. Uses in large mixed-use developments
shall be set forth in a development plan.
(4)
Dwelling units in any residential district shall not be converted
or altered to allow other uses. This provision shall not be deemed
to prohibit the use of a portion of the building or structure as living
quarters for caretakers or attendants of places of worship or institutions
where such uses are authorized in any zoning district.
(6)
The Planning Board shall recommend an overall development plan
to the Town Board for each large mixed-use development that shall
set forth the following:
(a)
The location of intended uses permitted within the overall plan,
property setbacks, and bulk requirements. The Planning Board may recommend
any residential or commercial use in a large mixed-use development
regardless of the underlying zoning, provided the use is determined
to be compatible with the intent of the MUV zone and surrounding uses.
Further, any use not specifically permitted by the underlying zoning
shall be permitted in the development plan only upon a specific finding
of the Town Board that such use, in the context of the entirety of
the development plan, is compatible with the purpose of the Overlay
Districts as set forth in this section. Notwithstanding anything to
the contrary herein, adult use and cannabis retail dispensary or cannabis
on-site consumption establishment must comply with minimum separation
distances as defined in the code.
(b)
The location of primary, secondary and tertiary streets shall
be set forth in the development plan. The development plan shall also
include a cross-section design of each street type setting forth,
where applicable, minimum widths for sidewalks, landscaped areas,
street parking, vehicular and bicycle travel lanes, and medians.
(c)
The development plan shall include a multitenant sign plan that
shall establish limits on the size, placement and colors of signage
within the district. All signage in the district must conform with
standards established in the sign plan.
(7)
Street-level uses:
(a)
One or more of the uses listed in this subsection are required
at street level when a mixed-use structure abuts a public right-of-way
as shown on the Mixed-Use Village Overlap Map or the development plan.
The following uses, if permitted in the underlying zoning district,
qualify as required street-level uses:
(b)
Orientation of street-level uses. Street-level uses must be
oriented toward the street(s), public or private, in the mixed-use
development.
D.
Permitted structures and uses.
(1)
Within all Mixed-Use Village Districts (MUV-1, MUV-2, MUV-3),
the following use is allowed above the ground floor:
(a)
Dwelling, multifamily.
(2)
Within MUV-4, the following uses are permitted as principal
uses upon a finding by the Planning Board that (a) the total area
of the land where the principal use shall be permitted may not be
greater than 40% of the total area of the development plan; and (b)
the proposed uses are generally adapted to pedestrian traffic and
are supportive of the mixed use setting:
E.
Lot area and yard regulations.
|
Standards
|
MUV1
|
MUV2
|
MUV3
|
MUV4 Large Mixed-Use Developments
|
|---|---|---|---|---|
|
Building Height
| ||||
|
- Maximum stories (feet)
|
2 stories (25'-0")
|
4 stories (50'-0")
|
6 stories (65)
|
6 stories (85)
|
|
- Height transition, or step-down, required when
adjacent to residential use or zoning district.
|
No
|
Yes
- 1:1 from facing property line
|
Yes
- 1:1 from facing property line
|
Yes
- 1:1 from facing property line
|
|
Floor Area Ratio
| ||||
|
- Minimum
|
0.50
|
1.00
|
1.50
|
Per development plan
|
|
- Maximum
|
1.00
|
1.50
|
2.00
|
Per development plan
|
|
Yard Setbacks (feet)
| ||||
|
- Front setback - minimum
|
14
|
16
|
20
|
Per development plan
|
|
- Maximum front setback-maximum
|
18
|
20
|
24
|
Per development plan
|
|
Lot Coverage - Performance Standard
| ||||
|
- Maximum building coverage
|
40%
|
40%
|
40%
|
Per development plan
|
|
- Maximum lot coverage: The area covered by impervious
surfaces shall be minimized to the greatest extent practicable; best
practices for surface water management shall be required.
|
80%
|
75%
|
70%
|
Per development plan
|
|
- Minimum green space
|
10%
|
10%
|
10%
|
Per development plan
|
|
Landscaping - per § 192-100
| ||||
|
- Street trees required
|
Yes
|
Yes
|
Yes
|
Yes
|
|
- Landscape buffer between parking lot and adjacent
pathways and streets
|
Yes
|
Yes
|
Yes
|
Yes
|
|
- Parking lot minimum interior landscape; does not
apply to structured parking, underground or multistory
|
10%, for lots with more than 10 parking spaces
|
10%, for lots with more than 10 parking spaces
|
10%, for lots with more than 10 parking spaces
|
Per development plan
|
|
- Landscaping buffer between abutting commercial/civic/industrial
and residential uses and districts, as determined through site plan
review; exceptions may be granted through site plan review, as appropriate
for mixed-use projects
|
Yes
|
Yes
|
Yes
|
Yes
|
|
Lighting
| ||||
|
- Building entrances
|
Yes
|
Yes
|
Yes
|
Yes
|
|
- Parking areas and pathways
|
Yes
|
Yes
|
Yes
|
Yes
|
F.
Additional requirements for large mixed-use developments.
(1)
The development plan shall include a list of allowed uses and/or
category of uses intended for specific areas designated on the development
plan.
(2)
The Planning Board shall have site plan review and oversight of all buildings and structures within the development plan pursuant to § 192-122.
(3)
The overarching principles of the design guidelines of the Zoning
Code of the Town of DeWitt shall apply to the development plan.
(4)
After final approval of the development plan by the Town Board,
the Planning Board may approve modifications to the development plan
at any time, except where the modifications are substantial modifications.
(a)
Modifications shall be deemed substantial modifications where
the modification(s) change the intent and character of any significant
area of the approved development plan, including but not limited to
(i) a change in the approved use(s) for any specific area of the development
plan; (ii) a change in the location of any approved use(s); and (iii)
a change in location of, or elimination of, any public road.
(b)
Any substantial modification must be approved by the Town Board,
upon recommendation of the Planning Board.
(5)
Modifications to the adopted development plan that are not deemed
substantial modifications may be made by the Planning Board upon a
site plan review application.
[Added 10-14-2019 by L.L. No. 5-2019]
A.
Purpose. The Purpose of the Transportation
and Distribution Node Overlay District is to recognize the unique
character of this Overlay District area which is located in the High
Tech Zoning District of the Town and to include uses in such district
which are compatible with the area.
C.
Goals. The goal of the Overlay District
is to add a use to the High Tech Zoning District which is applicable
to this overlay district only to:
(1)
Improve and enhance the group of
properties within this overlay;
(2)
Encourage development that will not
impede the values and aesthetics of the surrounding properties;
(3)
Encourage the highest and best use
of the property, recognizing the uniqueness of the land area affected;
(4)
Encourage uses which are intended
to enhance the economic viability of the area; and
(5)
Allow for uses which are compatible
with the surrounding area.
D.
Permitted uses. The following uses shall
be permitted in the Transportation and Distribution Node Overlay District:
E.
Regulations. Further, except as specifically
modified herein, all zoning regulations, including bulk regulations
relating to the High Tech District as set forth in this chapter, apply
to this overlay district.
