[Amended 4-15-2021 by L.L. No. 1-2021]
B.
Permitted accessory uses and structures.
(1)
Garages for the private, noncommercial use of the residents of the
premises. Detached garages shall not exceed 15 feet in height, measured
to the peak from the highest adjacent grade, and shall not exceed
one story.
(2)
Sheds, as defined in this chapter, customarily used for storage of
property maintenance equipment. Sheds shall not exceed 13.5 feet in
height, measured to the peak from the highest adjacent grade.
(3)
Swimming pools for the private, noncommercial use of the residents
of the premises, in accordance with all applicable swimming pool regulations.
(4)
Decks.
(5)
Stands for sales of produce, flowers or other plants grown on the
premises.
(6)
Greenhouses and gardens, subject to the following limitations for
gardens which are used or intended to be used principally for the
growing of fruits, vegetables, herbs, or grains and other staple crops:
(a)
In front yards, no part of such gardens shall be located farther
than 20 feet from the principal structure, nor shall any part of such
gardens be located closer than 10 feet to a lot line.
(b)
In side yards, no part of such gardens shall be located farther
than 10 feet from the principal structure, nor shall any part of such
gardens be located closer than five feet to a lot line.
(c)
In rear yards, no part of such gardens shall be located closer
than five feet to a lot line.
(d)
The limitations contained hereinabove shall not be construed
to prohibit fruits, vegetables, herbs, and grains or other staple
crops from being located closer than five feet to a side or rear lot
line, provided that such plants are physically supported by a fence,
trellis or other similar structure.
(8)
Parking or storage for one commercial vehicle, provided that such
vehicle has a gross vehicle weight rating of not more than 13,500
pounds. Under no circumstances shall dump trucks, semitrailers, truck
cabs, trailers used for hauling machines and/or equipment, or other
similar vehicles be permitted.
(9)
Storage of recreational vehicles which are owned by the residents
of the premises, provided that said vehicles are in a condition which
permits the safe and effective performance of the function for which
said vehicles are intended.
(10)
In-home day care.
(11)
One in-law apartment, provided that:
(a)
The owner of the one-family dwelling in which an in-law apartment
is located shall sign a notarized affidavit or affirmation that states
that the resident occupant of such apartment is an in-law of the resident
family that occupies such dwelling.
(b)
The floor area of an in-law apartment shall not exceed 30% of
the gross floor area, exclusive of attached garages, of the one-family
dwelling in which such apartment is located or 600 square feet, whichever
is less.
(c)
No construction or remodeling of a one-family dwelling in order
to provide in-law apartment use shall be permitted without the issuance
of a building permit. An in-law apartment shall be permitted to have
an exterior door that is separate from the one-family dwelling in
which such apartment is located, provided that such one-family dwelling
and apartment are connected via an internal doorway. An in-law apartment
may be permitted to have a separate driveway or garage to accommodate
its occupant(s). Additional bays to an existing garage and expansion
of an existing driveway shall be permitted to accommodate an in-law
apartment use, subject to obtaining all applicable permits.
(d)
If an in-law apartment shall become vacant, the family occupying
the main part of the one-family dwelling shall have full use and occupancy
of such in-law apartment as if it were an integral part of such dwelling,
without further permitting by the Town.
(e)
Exterior appearance. The design of an in-law apartment and its
entry shall be such that, to the degree reasonably feasible, the exterior
appearance of the building will remain as a one-family dwelling. In
cases where alterations are proposed to be made to accommodate an
in-law apartment, the Town may require elevation drawings to be submitted
with an application for a building permit.
(f)
The occupancy or rental of an in-law apartment by persons other
than in-laws, as defined in this chapter, is expressly prohibited.
(g)
An in-law apartment shall comply with the standards of Title
19 NYCRR (Building Codes of New York State) for habitable space.
(12)
Other similar accessory structures and uses.
D.
Development regulations for principal structures.
(3)
In any approved subdivision, any section of said subdivision for
which a map, plat or deed has not been filed or recorded in the office
of the Monroe County Clerk prior to the effective date of this chapter
shall conform to the preliminary plat approved for said subdivision
by the Planning Board. Said subdivision section shall also comply
with all applicable zoning regulations in force and effect at the
time that said preliminary plat was approved.
E.
Area, setback and height regulations for accessory structures, swimming
pools and tennis courts.
(1)
All lots. Area, setback and height regulations are contained in Table
I.[2]
[2]
Editor's Note: Said table is included as an attachment to this chapter.
(2)
Waterfront lots.
(a)
Sheds are prohibited in waterfront yards on interior lots smaller
than 18,000 square feet and corner lots smaller than 22,500 square
feet.
(b)
Detached garages are prohibited within waterfront yards; however,
they may be permitted in rear or side yards.
(c)
Accessory structures and fences are not allowed within waterfront
buffers, except for erosion-control features, boat launches and boat
lifts, grade-level walks and patios, in accordance with all applicable
federal and state rules and regulations.
(3)
Accessory structures are permitted in rear yards only. However, detached
garages may be permitted in side and rear yards only.
A.
Purpose and intent. To preserve the character of existing single-family
residential neighborhoods while allowing a transition to higher density
to accommodate a demand for alternative housing types, and to encourage
efficient use of land and existing infrastructure. This district provides
maximum flexibility in design to achieve a transition in density that
a single zoning classification might not otherwise permit. The characteristics
of each individual site and the nature of surrounding development
will be determining factors in the ultimate approved project.
B.
General provisions.
(1)
Concept plan review required. No application for Planning Board approval
shall be considered in the RP District unless and until a concept
clan has been submitted and reviewed pursuant to procedures established
by the Department of Development Services. In the course of reviewing
the concept plan, the Planning Board may provide direction on such
matters as the pattern and character of the proposed development,
project density and other design requirements, and dedication of roadways
and utilities.
(2)
Minimum land area. The minimum land area required for establishment
of the RP District shall be three contiguous acres. The Town Board
may waive the minimum land area requirement upon a finding that such
waiver would satisfy the purpose and intent of the district.
C.
Required uses.
(1)
Single-family homes. In order to preserve the character of existing
single-family residential neighborhoods, all new development in this
district shall incorporate single-family homes in a pattern and location
to be determined by the Planning Board at the time of preliminary
plat approval, and in accordance with design criteria established
herein.
D.
Permitted uses.
(1)
Townhomes. In order to provide a greater diversity of housing options
and encourage efficient use of land and infrastructure, new development
in this district may incorporate townhomes in a pattern and location
to be determined by the Planning Board during concept plan review,
and in accordance with design criteria established herein. Townhomes
shall not exceed 75% of the total number of units in the overall development.
E.
Accessory uses and structures.
(2)
When associated with townhome development, accessory uses may also
include laundry facilities, rental offices, maintenance buildings,
and recreation facilities for the private, noncommercial use of residents
of the premises.
G.
Design criteria.
(1)
Pattern of development. The pattern of development in the RP District
will be determined by the Planning Board at the time of preliminary
plat approval, and shall be based upon surrounding land use. Where
the RP District adjoins or faces existing single-family homes or land
which is zoned for future single-family development, single-family
homes shall be developed in conformity with design standards set forth
herein so as to maintain the character of such areas. Moving away
from single-family areas, the density of development may increase
up to and including townhomes.
(2)
Character of development.
(a)
In order to meet the RP District's intent of maintaining the
character of existing neighborhoods, the Planning Board may place
such reasonable conditions as it deems necessary to ensure that the
size, shape, and siting of proposed townhomes and single-family homes
will not adversely affect the character of existing residential areas.
(b)
The exterior appearance (that is, materials, colors and architectural
style, including details) of townhome buildings shall be subject to
review and approval by the Planning Board.
(4)
Development regulations for single-family homes.
(a)
Each single-family home constructed shall be located on a separate
and distinct tax parcel.
(b)
Single-family homes and lots shall meet the requirements set forth in § 211-11D and Table I[1] for the R1-10 Zoning District, except that the Planning
Board may permit smaller lots upon a finding that such would remain
consistent with the adjoining single-family residential neighborhood.
In cases where the Planning Board permits smaller lots, it shall establish
and document in its preliminary plat approval which setbacks and other
bulk requirements shall apply.
[1]
Editor's Note: Table I is included as an attachment to this chapter.
(5)
Development regulations for townhomes.
(a)
Townhomes are not permitted to adjoin existing single-family
homes, or single-family residential zoning districts.
(b)
Minimum setbacks for townhomes shall be as follows:
[1]
Where townhomes adjoin a public roadway exterior to the site,
the structure shall be a minimum of 50 feet from the highway right-of-way
line.
[2]
Where townhomes adjoin a public roadway interior to the site,
the structure shall be a minimum of 25 feet from the highway right-of-way
line.
[3]
Where townhomes adjoin a nonresidential district, the structure
shall be a minimum of 25 feet from the district boundary.
(c)
Maximum height of townhomes shall be two stories.
(d)
Minimum square footage of townhomes shall be 600 for one-bedroom,
750 for two-bedroom, and 900 for three-bedroom townhomes.
(6)
Pedestrian access and circulation. An on-site system of pedestrian
walkways shall be designed to provide direct access and connections
to and between the following:
(a)
The primary entrance to each townhome.
(b)
Any existing public walkways along the perimeter of the development,
including sidewalks or trails.
(c)
Where practicable and appropriate, adjacent land uses and developments,
including but not limited to adjacent residential developments, retail
shopping centers, office buildings, or restaurants.
(d)
Where practicable and appropriate, any adjacent public park,
greenway, or other public or civic use, including but not limited
to schools, places of worship, public recreational facilities, or
government offices.
(7)
Infrastructure.
(a)
Infrastructure shall be designed and constructed in accordance
with the Town's Design Specifications for Roadways and Utilities.
(b)
Extension of utilities in association with development in the
RP District shall not place undue burden on existing utility networks
and shall not create an unreasonable maintenance burden on the Town
or any other purveyor of public utilities.
(c)
The Planning Board shall determine, upon recommendation from
the Commissioner of Public Works, which if any proposed roadways and
infrastructure will be considered for dedication to the Town of Greece.
B.
Permitted accessory uses and structures.
D.
Increased building height or density in the RM District.
(1)
Upon application to and with the approval of the Town Board pursuant to § 211-65A, the following development limitations established for the RM District may be exceeded:
(a)
Maximum height of principal buildings.
(b)
Maximum density, provided that all principal buildings are not
fewer than four stories in height. At the request of an applicant
or on its own initiative, the Town Board may modify or waive the minimum
height requirement for principal buildings if, in the opinion of the
Town Board, it is warranted by the particular circumstances of the
request. In no case, however, shall the maximum density exceed 20
dwelling units per gross acre.
(2)
The Town Board may approve said increases if two or more development
features are provided. Said features may include:
A.
Legislative intent and purpose. In recognition of the need for a
variety of housing and levels of care specifically and exclusively
for senior citizens, the intent and purpose of this section are to:
(1)
Encourage and, where appropriate, provide for a variety of housing
options for senior citizens throughout the Town so that senior citizens
have the opportunity and ability to remain residents of the Town of
Greece as their housing needs change.
(2)
Allow flexibility in the provision of housing with a continuum of
levels of care specifically designed to satisfy senior citizens' economic,
physical, psychological and social needs; and
(3)
Protect, to the maximum extent practicable, aesthetic considerations,
the suburban character of the Town of Greece, the property values
of the community, and the health, safety and general welfare of the
public by ensuring that the location, nature, duration and intensity
of said housing:
(a)
Will not affect adversely the orderly pattern of development
in the area.
(b)
Will be in harmony with nearby uses.
(c)
Will not alter the essential character of the nearby neighborhood
nor be detrimental to the residents thereof.
(d)
Will not create a hazard to health, safety or the general welfare.
(e)
Will not be detrimental to the flow of traffic.
(f)
Will not place an excessive burden on public improvements, facilities,
services or utilities.
B.
Establishment of the district. At the request of an applicant or
on its own initiative, the Town Board may establish a Senior Citizen
District, following a public hearing.
C.
District requirements.
(1)
Age of residents.
(a)
Except as hereinafter provided, each dwelling unit shall be
occupied by at least one senior citizen.
(2)
Minimum land area. The minimum area required for a Senior Citizen
Residential District shall be five contiguous acres. The Town Board
may waive the requirement that the district contain at least five
acres if, in the Town Board's judgment, the establishment of said
district would benefit the Town.
(a)
Assurances. Each proposal for the placement, erection or construction
of housing for senior citizens in the RS District shall be accompanied
by appropriate undertakings, restrictive covenants, easements and
the like, in form and content satisfactory to the Town Board, in order
to ensure that the legislative intent and purpose of this section
are achieved. The Town Board in its absolute discretion reserves the
right to require any additional covenants and restrictions on the
lots in the RS District, including, but not limited to, sale and resale
restrictions and advertising content, in order to ensure that the
legislative intent and purpose of the section is achieved.
(4)
Permitted accessory uses and structures.
(b)
Laundry facilities, rental offices, maintenance buildings, and
recreation facilities for the private, noncommercial use of residents
of the premises.
(c)
Retail or service uses which are used as part of and in conjunction
with senior citizen residential facilities and which are provided
as a convenience for the persons in the care of said facilities. Said
uses shall be located within the other principal structures located
on the premises and shall not exceed 1,000 square feet in total gross
floor area. No off-street parking shall be required for the space
occupied by said uses. Business or advertising signs for said uses
shall not be permitted unless said signs can be seen only from the
inside of the building in which said signs are located.
D.
Development regulations. Permitted densities and area, setback, height
and lot coverage regulations are contained in Table II.[1] Parking, fence and sign regulations are contained in Articles V, VI and VII, respectively.
(1)
Increased building height or density in the RS District.
(a)
Upon the approval of a special use permit by the Town Board pursuant to § 211-65A, the following development limitations established for the RS District may be exceeded:
[1]
Maximum height of principal buildings.
[2]
Maximum density, provided that all principal buildings are not
fewer than four stories in height. At the request of an applicant
or on its own initiative, the Town Board may modify or waive the minimum
height requirement for principal buildings if, in the opinion of the
Town Board, it is warranted by the particular circumstances of the
request. In no case, however, shall the maximum density for multiple-family
dwellings exceed 20 dwelling units per gross acre, and in no case
shall the maximum density for senior citizen residential facilities
exceed 20 residential units per gross acre.
[3]
The Town Board may approve said increases if two or more development
features are provided. Said features may include:
[1]
Editor's Note: Table II is included as an attachment to this chapter.
A.
Permitted principal uses.
(1)
Hospitals.
(2)
Other uses which are an integral part of a health care complex, including
but not limited to:
(a)
Day-care centers.
(b)
Senior citizen residential facilities.
(c)
Hospices or comfort care homes.
(d)
Dormitories.
(e)
Laboratories.
(f)
Research facilities.
(g)
Rehabilitation or therapy centers.
(h)
Administrative staff offices.
(i)
Medical or dental offices.
(j)
Pharmacies which are located within hospitals or medical or
dental office buildings.
(k)
Schools.
(l)
Churches/places of worship.
B.
Permitted accessory uses and structures.
(1)
Multilevel parking garages.
(2)
Maintenance or storage buildings.
(3)
Retail or service uses which are used as part of and in conjunction
with hospitals and senior citizen residential facilities and which
are provided as a convenience for the persons in the care of said
facilities. Said uses shall be located within the other principal
structures located on the premises and shall not exceed 1,000 square
feet in total gross floor area. No off-street parking shall be required
for the space occupied by said uses. Business or advertising signs
for said uses shall not be permitted unless said signs can be seen
only from the inside of the building in which said signs are located.
C.
Development regulations.
(1)
Area, setback and height regulations.
(a)
The minimum area required for a Central Health Care District
shall be 100 contiguous acres. The Town Board may waive the requirement
that the district contain at least 100 acres if, in the Town Board's
judgment, the establishment of said district would benefit the Town.
The Town Board may waive the requirement that all land in a CHC District
be contiguous if provisions are made, to the satisfaction of the Town
Board, for the safe passage of pedestrians and vehicles between noncontiguous
segments of the district.
(b)
No structure or other improvement shall be located closer than
100 feet to the boundary line of the Central Health Care District.
Exempt from this requirement are utilities, landscaping, earthen berms
and pavement which provides direct access to public streets. For any
building, the 100-foot minimum setback from the district boundary
line shall be increased by one foot for each foot of building height
in excess of 30 feet.
[Amended 4-15-2021 by L.L. No. 1-2021]
A.
Professional Office District (BP).
(1)
Permitted principal uses.
(a)
Offices of health care professions licensed by the State of
New York, including but not limited to those of veterinarians, physicians,
dentists or other health care professionals.
(b)
Offices, including but not limited to those of lawyers, architects,
engineers, accountants, real estate brokers, insurance agents, travel
agents or sales or manufacturer's representatives.
(c)
Data processing or computer service centers which do not include
retail sales.
(d)
Research or testing laboratories.
(e)
Group instruction facilities, provided that not more than 10
clients are present at said facilities at any one time.
B.
Restricted Business District (BR).
(1)
Permitted principal uses.
(a)
All permitted principal uses specified for the BP District.
(b)
Service uses, including, but not limited to, salons, laundromats
or dry-cleaning pickup stations, banks, tailors, and other similar
uses.
(c)
Retail uses, including, but not limited to, grocery stores,
pharmacies, hardware stores, delicatessens or bakeries, liquor stores,
clothing stores, and other similar uses.
(d)
Group instruction facilities.
(e)
Day-care centers.
(f)
Commercial recreation facilities.
(g)
Galleries, museums, and other similar uses.
(3)
Special permit uses.
C.
General Business District (BG).
(3)
Special permit uses.
(b)
The following uses may be permitted upon application to and with the approval of the Board of Zoning Appeals pursuant to § 211-65A:
[1]
Schools.
[2]
Churches or other places of worship.
[6]
Outdoor storage or display of motor vehicles or trailers.
[7]
Outdoor storage of disabled, unlicensed or dismantled vehicles.
[8]
Self-service storage facilities, provided such facilities are
located within existing buildings, do not exceed 25% of the total
gross floor area on a lot or business center, and meet the following
criteria:
[9]
Manufacture, assembly or processing of the following products,
provided such use is located within existing buildings and does not
exceed 25% of the total gross floor area on a lot or business center:
[a]
Scientific, medical, dental, optical, photographic,
electronic, electrical, mechanical or tool and die equipment or instruments,
or components thereof.
[b]
Medical, dental or pharmaceutical supplies.
[c]
Plastic products, but not including manufacture
of plastics.
[d]
Business and office equipment.
[e]
Furniture and cabinets.
[f]
Food or beverage products, but not including canning
or freezing of food products, or slaughtering and packing of meat.
[g]
Other similar products.
A.
Flexible Office Industrial District (FOI).
(1)
(2)
Permitted principal uses.
(a)
Manufacture, assembly or processing of the following products:
[1]
Food and beverage products.
[2]
Scientific, medical, dental, optical, photographic, electronic,
electrical, mechanical or tool and die equipment, instruments, supplies,
or components thereof.
[3]
Plastic products, but not including manufacture of plastics.
[4]
Business and office equipment.
[5]
Furniture and cabinets.
[6]
Other similar products.
(b)
Offices and medical offices.
(c)
Data processing or customer service centers.
(d)
Computer service and repair centers, including accessory retail
sales of computer-related equipment.
(e)
Group instruction facilities and training centers.
(f)
Research or testing laboratories.
(g)
Commercial agricultural facilities such as greenhouses.
(h)
Any combination of permitted uses.
(3)
Permitted accessory uses and structures.
(a)
Pharmacies, provided that at least 50% of the building in which
such pharmacies are located is occupied by physicians or dentists
and provided that the space that is used for such pharmacies does
not exceed 10% of the gross floor area of such building.
(b)
Processing and shipping facilities, including warehouses, when
used as part of and in conjunction with a permitted use.
(c)
Retail sales or service of the products that are manufactured,
assembled or produced on the premises.
(d)
Accessory or incidental industrial equipment or apparatus, provided
that such equipment or apparatus is located indoors or otherwise entirely
screened from public view.
(4)
Special permit uses.
(a)
The following uses may be permitted upon application to and with the approval of the Board of Zoning Appeals pursuant to § 211-65A:
(5)
Prohibited uses.
(a)
Intake, dismantling, storage, processing, transferring, or sale
of salvageable parts from wrecked automobiles or other machinery,
or scrap metal.
(b)
Uses that may be noxious or injurious due to the production
or emission of dust, smoke, odor, gases, fumes, solid or liquid waste,
noise, light, vibration, or nuclear or electromagnetic radiation or
due to the likelihood of injury to persons or damage to property if
an accident occurred.
(c)
Freight or truck terminals.
(d)
Oil, gas or mineral extraction or surface mining.
(e)
Bulk fuel or industrial chemical storage or processing.
(f)
Outdoor storage of construction materials and equipment.
(g)
Advertising signs.
B.
Light Industrial District (IL).
(1)
Permitted principal uses.
(a)
Manufacture, assembly or processing of the following products,
provided that the gross floor area of any such use within a building
shall not exceed 50,000 square feet:
[1]
Scientific, medical, dental, optical, photographic, electronic,
electrical, mechanical or tool and die equipment or instruments, or
components thereof.
[2]
Medical, dental or pharmaceutical supplies.
[3]
Plastic products, but not including manufacture of plastics.
[4]
Business and office equipment.
[5]
Furniture and cabinets.
[6]
Food or beverage products, but not including canning or freezing
of fruits or vegetables, slaughtering and meat packing or fermentation
or distillation of alcoholic beverages.
[7]
Other similar products.
(c)
Data processing or computer service centers which do not include
retail sales.
(d)
Office uses.
(2)
Permitted accessory uses and structures.
(a)
Retail sales or service of the products which are manufactured,
assembled or produced on the premises, provided that:
[1]
Such sales or service is conducted entirely within a building
in which the space which is used for such activities does not exceed
20% of the gross floor area of all buildings on the premises.
C.
General Industrial District (IG).
(1)
Permitted principal uses.
(a)
All permitted principal uses specified for the FOI and IL Districts,
except office and medical office uses.
(b)
Manufacture, assembly or processing of other products not permitted
in the FOI and IL Districts.
(c)
Processing and shipping facilities, including warehouses.
(d)
Wholesale distribution centers.
(e)
Freight or truck terminals.
(f)
Self-service storage facilities.
(h)
Storage yards for construction materials and equipment, provided
that said storage is entirely screened from public view.
(2)
(3)
Special permit uses.
(a)
The following uses may be permitted upon application to and with the approval of the Town Board pursuant to § 211-65A:
[1]
Intake, dismantling, storage, processing, transferring, or sale
of salvageable parts from wrecked automobiles or other machinery,
or scrap metal.
[2]
Uses which may be noxious or injurious due to the production
or emission of dust, smoke, odor, gases, fumes, solid or liquid waste,
noise, light, vibration or nuclear or electromagnetic radiation or
due to the likelihood of injury to persons or damage to property if
an accident occurs.
[3]
Non-solar energy generation or energy storage facilities.
A.
Intent and purpose. In accordance with the recommendations of the
Town of Greece 2020 Comprehensive Plan Update, the Economic Development
and Innovation Overlay (EDIO) District is intended to promote the
growth of industry and employment opportunities in the Town by prioritizing
permitting and approvals in key locations and industry sectors. The
EDIO District is overlaid onto specific geographic areas of the Town
where significant opportunity exists for economic growth. The specific
purposes of this district include the following:
(1)
Expedite approval processes in designated target areas, when possible,
and when doing so is not a detriment to the general health, safety
and welfare of the community.
(2)
Promote the growth of industry in the interest of the local and regional
economy.
(3)
Expand employment opportunities for Greece's skilled workforce.
(4)
Promote industrial vitality by filling/occupying under used buildings,
properties, and spaces.
(5)
Accommodate growth in key industry sectors.
(6)
To balance the tax base.
B.
Applicability.
(2)
All permitted uses and structures and other provisions of the underlying
zoning district shall remain in effect, except where provisions of
the EDIO District differ; in such cases, the least restrictive provision
shall apply.
(3)
Applications eligible for waiver or referral for administrative review.
(a)
Special use permits. The board having jurisdiction over a special use permit which meets the criteria established in this section may waive the requirement for such approval and any associated notification requirement pursuant to the provisions of § 211-65A(7) and § 211-66.
(b)
Site plans. Pursuant to § 211-65C(2)(d), the Planning Board may waive certain elements of a site plan approval, or, pursuant to the provisions of this section, may refer such site plan for administrative review and approval, whereby the Board's authorized representative may approve such site plan on the board's behalf.
(c)
Minor subdivisions not associated with residential development. The Planning Board may refer minor subdivisions not associated with residential development for administrative review and approval and waive the notification requirements of § 211-66, whereby the Board's authorized representative may approve such minor subdivision on the Board's behalf.
(5)
Criteria. The board having jurisdiction over an application may consider
a request for waiver or referral for administrative review when one
or more of the following conditions are present:
(a)
The proposal is more than 100 feet from the EDIO boundary.
(b)
The proposal does not include any structures more than 50 feet
in height.
(c)
The proposal is not visible, in the opinion of the Planning
Board, from a residential district and/or property.
(d)
The proposal does not require additional access to a public
road.
(e)
The proposal does not require joint review and approval with
a neighboring municipality.
(f)
The proposal is a Type II or unlisted action pursuant to the
SEQRA regulations.
C.
Procedure.
(1)
Waivers and referrals for administrative review may only be granted
by a resolution of the Board having jurisdiction at a regularly scheduled
meeting.
(2)
Application for a waiver or referral for administrative review shall
be made in accordance with procedures established by the Department
of Development Services, including payment of any fees established
by the Town Board.
(3)
A complete request for waiver or referral for administrative review
may be placed on the agenda of the next available regularly scheduled
meeting of the board having jurisdiction.
(4)
If a request for a waiver or referral for administrative review is
denied by the board having jurisdiction, a formal application for
such approval must be made in accordance with procedures established
by the Department of Development Services. In such cases, fees paid
in association with the waiver or referral request may be applied
toward the full application.
D.
Conditions.
(1)
The board having jurisdiction over the approval to be waived or referred for administrative review may place such conditions upon the waiver or referral as it deems necessary to guard the community's interest. Failure to comply with such conditions shall constitute a violation subject to enforcement under § 211-68 of this Chapter.
(2)
Where a waiver is granted or referral for administrative review is
made in accordance with this section, it shall in no way relieve applicants
from the rules and regulations of other local, state and federal government
agencies.
A.
Neighborhood Business (BN).
(1)
Purpose and intent. To encourage pedestrian-oriented and aesthetically
pleasing redevelopment of small neighborhood commercial nodes which
will provide nearby residents with convenient access to services,
while enhancing neighborhood character.
(2)
Applicability.
(a)
New construction and substantial redevelopment. All new development
and redevelopment shall comply with the site and architectural design
standards set forth in this section, subject to approval by the Planning
Board.
(b)
Exterior renovations of existing buildings. Exterior renovations
of existing buildings which do not require site plan or minor improvement
plan approval shall comply with the site and architectural design
standards set forth in this section, to the extent deemed practicable
and appropriate by the Director of Development Services in consultation
with the Planning Board Chairperson.
(3)
Permitted principal uses.
(a)
Service uses, including, but not limited to, barbershops or
beauty shops, laundromats or dry-cleaning pickup stations, banks without
drive-through service, tailors, and other similar uses.
(b)
Retail uses, including, but not limited to, grocery stores,
pharmacies, hardware stores, delicatessens or bakeries, liquor stores,
clothing stores, and other similar uses.
(c)
Office uses, but not medical offices.
(4)
(5)
(6)
Development regulations.
(a)
Minimum lot area: None.
(b)
Minimum lot dimensions: None.
(c)
Maximum lot coverage: None.
(d)
Setback requirements.
[1]
The minimum front setback of any building shall be 10 feet.
[2]
The maximum front setback shall be 30 feet.
[3]
The minimum side setback shall be zero feet unless adjoining
a residential district, in which case it shall be 15 feet.
[4]
The minimum rear setback shall be zero feet when a solid wall
is used for screening and 15 feet without such a wall.
B.
Dewey Avenue Mixed Use (DMU).
(1)
The purpose of the Dewey Avenue Mixed Use District (DMU) is to foster
a combination of appropriately scaled land uses and activities that
support the goals and objectives contained in the Dewey Avenue Corridor
Study. The DMU District is established to create a blend of retail,
office, civic and residential uses within existing commercial areas
that contribute to the vitality of the surrounding neighborhoods.
Development in this district should promote the health, safety, and
general welfare of residents by fostering physical activity, alternative
transportation choices, and greater social interaction along Dewey
Avenue.
(2)
Applicability.
(b)
Exterior renovations of existing structures which are not subject
to site plan or minor improvement plan approval shall comply with
the applicable regulations set forth in this section, to the extent
deemed practicable and appropriate by the Director of Development
Services in consultation with the Planning Board Chairperson.
(3)
Permitted principal uses.
(a)
Service uses, including, but not limited to, barbershops or
beauty shops, laundromats or dry-cleaning pickup stations, banks,
tailors, and other similar uses.
(b)
Retail uses, including, but not limited to, grocery stores,
pharmacies, hardware stores, delicatessens or bakeries, liquor stores,
clothing stores, and other similar uses.
(c)
Office and medical office uses.
(d)
Group instruction facilities.
(e)
Commercial recreation facilities.
(f)
Galleries, museums, and other similar uses.
(g)
Day-care centers.
(4)
Permitted accessory uses.
(a)
Outdoor storage or display of merchandise in accordance with the regulations established in § 211-28.
(c)
Garages for the private, noncommercial use of the residents
of the premises.
(e)
Public spaces, including but not limited to parks, gazebos and
pavilions, and other similar accessory structures/uses.
(5)
Special permit uses.
(b)
The following uses may be permitted upon application to and
with the approval of the Board of Zoning Appeals.
(7)
Development regulations.
(a)
Minimum lot area: None.
(b)
Minimum lot dimensions: None.
(c)
Maximum lot coverage: None.
(d)
Setback requirements.
[1]
Except as provided in § 211-36, the following requirements are applicable to the DMU District that encompasses the intersections of Dewey Avenue/Latta Road and Dewey Avenue/English Road (as shown on the Official Zoning Map):
[a]
The minimum front setback of any building shall
be 10 feet.
[b]
The maximum front setback shall be 30 feet when
accommodating outdoor eating/sitting areas and/or site amenities.
On corner lots, both yards abutting streets shall be considered front
yards.
[c]
The minimum side setback shall be zero feet unless
adjoining a residential district, in which case it shall be 15 feet.
[d]
The minimum rear setback shall be zero feet when
a solid wall is used for screening and 15 feet without such a wall.
[2]
Except as provided in § 211-36, the following requirements are applicable to the DMU District that encompasses the intersection of Dewey Avenue/Stone Road (as shown on the Official Zoning Map):
[a]
The maximum front setback shall be 10 feet. There
is no minimum front setback. On corner lots, both yards abutting streets
shall be considered front yards.
[b]
The minimum side setback shall be zero feet unless
adjoining a residential district, in which case it shall be 15 feet.
[c]
The minimum rear setback shall be zero feet when
a solid wall is used for screening and 15 feet without such a wall.
(e)
Building height and stories.
[1]
The following requirements are applicable to the DMU District
that encompasses the intersections of Dewey Avenue/Latta Road and
Dewey Avenue/English Road (as shown on the Official Zoning Map):
[a]
The minimum building height shall be 25 feet. The
maximum building height shall be 45 feet or three stories, whichever
is less.
[b]
The following requirements are applicable to the
DMU District that encompasses the intersection of Dewey Avenue/Stone
Road (as shown on the Official Zoning Map):
[c]
The minimum building height shall be 25 feet. The
maximum building height shall be 45 feet or three stories, whichever
is less.
[d]
All buildings shall be a minimum of two stories
in height.
C.
Planned Mixed Use (PMU).
(1)
Purpose and intent. The Planned Mixed Use (PMU) District is established
to provide maximum flexibility in design to accommodate substantial
redevelopment in areas where a smooth transition between residential
and commercial land use is needed to protect the character and vitality
of the residential neighborhoods, while providing opportunities for
economic growth within existing commercial areas.
(2)
Establishment of the district. At the request of an applicant or
on its own initiative, the Town Board may establish a Planned Mixed
Use District, following a public hearing.
(3)
Planned development requirements.
(a)
The pattern of development in the PMU District shall be guided by the intent and purpose of the district as well as the design requirements established in § 211-21.
(b)
Where the PMU District is established adjacent to existing single-family
homes or land which is zoned for future single-family development,
single-family homes shall be included as part of the planned development
so as to maintain the character of such adjoining areas. Moving away
from existing single-family areas, the density of residential development
may increase to include townhomes and apartments if permitted by the
Town Board.
(c)
Concept plan review required. No application for Planning Board
approval shall be considered in the PMU District unless and until
a concept clan has been submitted and reviewed pursuant to procedures
established by the Department of Development Services. In the course
of reviewing the concept plan, the Planning Board may provide direction
on such matters as the pattern and character of the proposed development,
the ratio of commercial to residential uses, project density and other
design requirements, and dedication of roadways and utilities.
(4)
Permitted principal uses.
(a)
Service uses, including, but not limited to, barbershops or
beauty shops, laundromats or dry-cleaning pickup stations, banks,
tailors, and other similar uses.
(b)
Retail uses, including, but not limited to, grocery stores,
pharmacies, hardware stores, delicatessens or bakeries, liquor stores,
clothing stores, and other similar uses.
(c)
Office and medical office uses.
(d)
Group instruction facilities.
(e)
Commercial recreation facilities.
(f)
Galleries, museums, and other similar uses.
(g)
Day-care centers.
(5)
Permitted accessory uses.
(a)
Outdoor storage or display of merchandise in accordance with the regulations established in § 211-28.
(c)
Garages for the private, noncommercial use of the residents
of the premises.
(e)
Public spaces including but not limited to parks, gazebos and
pavilions, and other similar accessory structures/uses.
(6)
(8)
Development regulations.
(a)
Minimum lot area: None.
(b)
Minimum lot dimensions: None.
(c)
Maximum lot coverage: None.
(d)
Setback requirements.
[1]
The minimum front setback of any building shall be zero feet.
[2]
The maximum front setback shall be 30 feet when accommodating
outdoor eating/sitting areas and/or site amenities. On corner lots,
both yards abutting streets shall be considered front yards.
[3]
The minimum side setback shall be zero feet unless adjoining
a residential District, in which case it shall be 15 feet.
[4]
The minimum rear setback shall be zero feet when a solid wall
is used for screening and 15 feet without such a wall.
A.
Building design.
(1)
Intent: to create lively, pedestrian-friendly and attractive buildings,
sites, open spaces and streetscapes where residents and visitors will
enjoy walking, biking, driving and shopping. It is the intent of these
building design standards that future private development contribute
to the public realm. This is accomplished by varying building massing
to provide visual interest, promoting compatibility with surrounding
developments, emphasizing street corners, and highlighting points
of entry and other prominent features of building architecture.
(2)
Building placement, orientation, and frontage.
(3)
Building height and stories. Unless otherwise specified in the applicable
zoning district regulations, building height shall be no less than
25 feet and no more than 45 feet or three stories, whichever is less.
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(4)
Building composition.
(a)
Buildings shall exhibit a clearly defined base, midsection,
and crown. This can be accomplished using a combination of architectural
details, materials and colors.
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(b)
Architectural details or features such as dormers, masonry chimneys,
cupolas, clock towers, and other similar elements are encouraged.
A well-articulated base, midsection, and crown can be achieved in
all building types and sizes, including multi-story buildings, as
depicted here.
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(5)
Access to buildings.
(a)
Buildings and tenant spaces shall have a prominent street-level
entrance visible and accessible from the public sidewalk.
(b)
Where off-street parking is provided in the side or rear yard,
buildings and tenant spaces shall also have an entryway accessible
to the public and visible from said off-street parking.
(6)
Facade relief.
(a)
Varied building designs that avoid long, flat facades are required.
(b)
The vertical plane of the building facade shall be broken up
with a high level of articulation (e.g., projecting entry or window
features, recessed elements, transparent storefronts, identifiable
retail spaces, and awning/entrance canopies), especially at ground
level.
(c)
No facade shall exceed 60 feet in horizontal length without
a change in facade plane. Changes in facade planes shall be no less
than 1.5 feet in depth and no less than eight feet in length.
(d)
Any changes in exterior building material shall occur at interior
corners.
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(e)
All facades shall be designed to be consistent in regard to
architectural style, materials, and details.
(7)
Transparency.
(a)
A minimum of 60% of the street-facing, ground floor facades
for nonresidential uses shall be comprised of clear windows that allow
views into the interior of the building.
(b)
Ground floor facades for residential uses shall provide a minimum
transparency of 20%.
(c)
Ground floor transparency shall be measured between two feet
and 10 feet above the adjacent sidewalk.
(d)
The building facades facing side or rear yard parking areas
shall be 30% transparent for no less than 30% of the horizontal length
of the facade.
(e)
Renovations of the first floor of existing buildings shall not
decrease the area of transparency. Where feasible, renovations shall
increase the area of transparency to that required for new construction
unless the original historic character of the building requires less
transparency area.
(8)
Materials.
(a)
All primary buildings shall be constructed or clad with materials
that are durable, economically maintained, and of a quality that will
retain their appearance over time, including, but not limited to,
painted wood, natural or synthetic stone, brick, stucco, integrally
colored, textured, or glazed concrete masonry units, high-quality
pre-stressed concrete systems, Exterior Insulation Finish Systems
(EIFS), or glass.
(9)
Mechanical equipment.
(a)
To the extent practicable, air-conditioning units, HVAC systems,
exhaust pipes or stacks, elevator housing, and other similar mechanical
equipment shall be thoroughly screened from view from the public right-of-way
and from adjacent properties. Screening shall be architecturally compatible
with the style, materials, colors, and details of the building.
B.
Pedestrian and bicycle access and circulation.
(1)
Intent: to encourage and emphasize pedestrian and bicycle access
and activity by prioritizing safe, efficient, and convenient nonmotorized
access and circulation patterns within and between developments and
into nearby residential areas.
(2)
Pedestrian walkways shall be provided to and between the following:
(a)
The primary entrance or entrances to each commercial building,
including pad site buildings.
(b)
The public sidewalk system along the perimeter streets adjacent
to the commercial development.
(c)
Adjacent public parks, or other public or civic uses, including
but not limited to schools, places of worship, public recreational
facilities, or government offices.
(3)
Sidewalks, walkways, and other pedestrian spaces shall be visibly
distinguishable from vehicular driveways with the following:
(a)
Textured and/or colored concrete or other surface treatment.
(b)
Pedestrian-scaled lighting, adequate for security and safety.
(c)
Weather protection (e.g., shade trees, awnings/canopies).
(d)
Other appropriate pedestrian amenities (e.g., street tree grates,
outdoor seating, trash cans, sidewalk displays, public art, etc.).
(4)
Bicycle access and parking. Bicycle access and parking shall be encouraged
and accommodated as follows:
(a)
In a visible, safe, and convenient location that is accessible
to building entrances.
(b)
With adequate facilities to secure bicycles with a lock.
(c)
At a rate of not less than 10% of the motorized vehicle parking
requirements for any given use, but not fewer than two bicycle spaces.
(d)
Bicycle parking facilities shall be sufficiently separated from
motor vehicle parking areas to protect cyclists and parked bicycles
from injury or damage by motor vehicles.
(e)
Bicycle parking signs shall be visible from the main entrance
of the structure or facility.
C.
Vehicular access and parking.
(1)
Intent: to accommodate vehicular access and parking while prioritizing
pedestrian movements.
(2)
Vehicle access and traffic patterns. To the extent practicable, nonresidential
and mixed use sites shall be designed to achieve the following:
(a)
Provide vehicular cross access between adjoining sites.
(b)
Consolidate vehicle access points to the public highway.
(c)
Consolidate delivery and service access areas for adjoining
businesses.
(d)
Provide for shared parking and cross access easements and agreements
among adjoining businesses and property owners. Access easements may
be required so that pad sites or adjacent parcels have adequate access
if ownership patterns change.
(e)
Drive-up facilities, if permitted in the applicable zoning district,
shall be located in either the side yard or rear yard.
(3)
Vehicle parking.
(a)
(c)
Parking blocks.
[1]
In order to reduce the scale of larger parking areas, the total
amount of parking provided shall be broken up into parking blocks
containing not more than 40 spaces.
[2]
Each parking block shall be separated from other parking blocks
by buildings, access drives with adjacent landscaped areas at least
10 feet wide, a landscaped median or berm at least 10 feet wide, or
by a pedestrian walkway or sidewalk within a landscaped median at
least 10 feet wide.
[3]
Parking blocks should be oriented to buildings to allow pedestrian
movement down and not across rows (typically with parking drive aisles
perpendicular to customer entrances).
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[4]
All parking blocks which contain more than 25 stalls must include
clearly identified pedestrian routes from the parking stalls to the
main building entrance, public sidewalk along the street and/or central
location.
(d)
Shared parking.
[1]
Shared parking is encouraged to promote efficient use of land
and resources by allowing users to share off-street parking facilities
for uses located within close proximity to one another with different
peak parking demands or different operating hours.
[2]
The Planning Board may approve shared use of parking facilities
located on the same property or on separate properties if, in the
opinion of the Planning Board:
[a]
A convenient pedestrian connection between the
properties exists; and
[b]
The properties are within a reasonable distance
of each other; and
[c]
An agreement or easement exists to facilitate such
shared parking; and
[d]
The availability of parking for all affected properties
is indicated by approved directional signs.
[e]
A sufficient number of parking spaces are available
for all users based on total number of parking spaces required for
all users, and overlap of user hours of operation. Where the uses
to be served by shared parking do not overlap their hours of operation,
the property owner or owners shall provide parking stalls equal to
the greater of the applicable individual parking requirements. Where
the uses to be served by shared parking have overlapping hours of
operation, the property owner or owners shall provide parking stalls
equal to the total of the individual parking requirements.
D.
Landscaping.
(1)
Intent. Landscaping shall be designed as an integral part of every
development project, and not merely located in leftover portions of
the site. Landscaping is intended to visually tie the entire development
together, help to define and announce entryways and circulation patterns
(both vehicular and pedestrian), and, where appropriate, help buffer
less intensive adjacent land uses. It shall help to minimize the expansive
appearance of parking lots, provide shaded areas for pedestrians,
and soften hard edges of buildings and parking lots. The following
requirements are intended to supplement the Town's Landscape Guidelines
for Development.
(2)
Building setback landscaping.
(a)
Building setback areas along streets, accessways, or along private
drives shall be landscaped with a minimum of one shade tree per 40
feet of linear frontage.
(b)
Building setback areas shall include compact massing of ornamental
plant material, such as ornamental trees, flowering shrubs, perennials,
and ground covers.
(c)
Plantings should decrease in size and increase in detail, color,
and variety near entryways into developments.
(4)
Interior parking lot landscaping.
(a)
The interior of all uncovered parking blocks containing 10 or
more spaces shall be landscaped according to the provisions in this
subsection.
(b)
The primary landscaping materials used in parking lots shall
be trees which provide shade or are capable of providing shade at
maturity. Shrubbery, hedges and other planting materials may be used
to complement the tree landscaping, but shall not be the sole means
of landscaping. Effective use of earth berms and existing topography
is also encouraged as a component of the landscaping plan.
(c)
One shade tree shall be planted for every five parking spaces.
E.
Fences and walls. When a development includes a fence or wall, the
following guidelines and standards shall apply:
(1)
The maximum height of a fence or wall shall be eight feet in the
rear yard, three feet in the front yard, and six feet in the side
yard. A side yard fence or wall may be extended to eight feet with
Planning Board approval.
(2)
Walls and fences shall be constructed of high-quality materials,
such as decorative blocks, brick, stone, high-quality wood or vinyl
fencing, and wrought iron. Prohibited materials include:
(3)
Breaks in the length of a fence shall be made to provide pedestrian
connections to the perimeter of a site or to adjacent development.
(a)
The maximum length of continuous, unbroken, and uninterrupted
fence or wall plane shall be 50 feet.
(b)
Breaks shall be provided through the use of columns, landscaping
pockets, transparent sections, and/or a change to different materials.
(c)
Fences and walls shall be set back from the front and side lot
line to allow a landscaped setback area. Such setback area shall be
landscaped with a turf, shrubs, and/or trees, using a variety of species
to provide seasonal color and plant variety.
(d)
Use of landscaping beyond the minimum required in these standards
is strongly encouraged to soften the visual impact of fences and walls.
A.
Legislative intent and purpose.
(1)
The intent and purpose of the Waterfront Development (WD) District
is to provide unique opportunities for the development and continued
operation and maintenance of water-oriented uses within certain areas
adjacent to the Erie Canal and the vicinity of the Lake Ontario shoreline.
The WD District requires and permits a mix of business and residential
uses, while incorporating recreation and waterfront access, to enhance
the unique aesthetic, recreational, environmental and historical qualities
of the waterfront areas.
(2)
The specific purposes of this district include the following:
(a)
To provide for a desirable mix of business and residential uses
along with recreational opportunities that complement each other and
are enhanced by the unique locational characteristics of the Erie
Canal and Lake Ontario.
(b)
To retain and enhance the aesthetic quality of waterfront areas
through the appropriate siting of structures.
(c)
To promote public access to the Erie Canal and Lake Ontario
shoreline in a manner that is compatible with the primary purpose
of the proposed developments or activities.
(d)
To encourage appropriate water-oriented recreational uses along
the shoreline.
(e)
To promote opportunities for increased tourism.
(f)
To encourage appropriate and safe water surface use on the Erie
Canal and Lake Ontario shoreline.
(g)
To preserve, to the extent practicable, the existing natural
shoreline features and to prevent, to the maximum extent practicable,
erosion, sedimentation and drainage problems both during and after
construction.
(h)
To utilize and enhance waterfront areas in a manner that is
sustainable, resilient, and in harmony with the waterfront areas.
(3)
Required principal uses. In order to promote the intent and purpose
of this section, a mixture of uses shall be required in the WD District.
Not fewer than one of each of the following principal uses shall be
required in this district:
(b)
Business uses. The following uses may be permitted, provided
that such uses are not, and do not include, a drive-up facility and
provided that no such use exceeds 10,000 square feet in gross floor
area:
[1]
Service uses, including, but not limited to, barbershops or
beauty shops, laundromats or dry-cleaning pickup stations, banks,
tailors, and other similar uses.
[2]
Retail uses, including, but not limited to, grocery stores,
pharmacies, hardware stores, delicatessens or bakeries, liquor stores,
clothing stores, and other similar uses.
(4)
Permitted accessory uses and structures.
(b)
Boat mooring slips for the private, noncommercial use of the
residents of a dwelling unit or residential unit, provided that not
more than one boat mooring slip shall be permitted per dwelling unit
or residential unit.
B.
Design criteria.
(1)
Buildings and other structures.
(a)
Location and orientation of buildings and other structures.
[1]
Buildings and structures shall be located and oriented in a
way that provides for public access to the water and gathering places
that are integral to such buildings and structures.
[2]
Buildings that are adjacent to the water shall have at least
one means of public ingress/egress on the waterside of such buildings.
[3]
Buildings and structures that are adjacent to the water shall
be oriented in a way that encourages pedestrian access and recreational
use of said water body.
[4]
Buildings and structures that are adjacent to the water shall
provide opportunities for outdoor seating at restaurants, cafes, snack
bars, and other similar uses.
[5]
Buildings that are adjacent to the Erie Canal, Lake Ontario,
or other waterway shall have a clear relationship to the waterway
and shall reinforce a pedestrian framework by locating primary facades
parallel to the waterway.
[6]
Distances between buildings and building clusters shall be minimized
to facilitate outdoor pedestrian activity, particularly along a waterway.
[7]
Buildings and structures shall be located so as to avoid flooding
and erosion.
[8]
Utility structures, including but not limited to electricity
transmission and distribution lines, telephone lines, and cable television
lines, shall be located underground.
(b)
Architecture. The exterior appearance (that is, materials, colors
and architectural style, including details) of buildings and structures
shall be subject to review and approval by the Planning Board.
[1]
The exterior appearance of buildings and structures shall reflect
the history and unique identity of the Erie Canal in Western New York
and the recreational legacy of Lake Ontario shoreline in the Town
of Greece.
[2]
The exterior appearance of buildings and structures shall be
architecturally compatible with or complementary to other buildings
and structures in the WD District.
[3]
Buildings shall maintain alignments of the horizontal elements
of adjacent buildings, including but not limited to rooflines, eaves,
water tables, and windows.
[4]
Visible rooflines shall include architectural embellishments,
including but not limited to dormers, masonry chimneys, cupolas, and
clock towers.
[5]
Buildings located at a street corner or other visual focal point
shall be designed with additional architectural embellishments, including
but not limited to corner towers, chamfers, or other features that
emphasize their location.
[6]
Not less than 60% of all first floor facades (measured in square
feet of surface area) fronting on a street, pedestrian path, or on
a waterway shall consist of pedestrian entrances and windows.
[7]
Natural materials, including but not limited to brick, stone,
wood, and stucco, shall be used on building exteriors.
[8]
Outdoor refuse container enclosures, heating, ventilation, and
air-conditioning equipment, and other utility equipment shall not
be located between buildings and a waterway, and shall be screened
from public view.
[9]
Building entrances/exits shall be fully integrated with the
outdoor pedestrian environment, and shall be clearly defined and articulated
by architectural elements, including but not limited to lintels, pediments,
pilasters, columns, porticoes, porches, overhangs, railings, balustrades,
building-mounted lights, and other similar features.
(c)
Pedestrian access. As part of the site plan review process,
the Planning Board shall ensure that there is adequate and safe means
of pedestrian circulation within the WD District, with connections
to the surrounding community and to pedestrian/bicycle paths.
[1]
Pedestrian paths and related amenities within the WD District
shall function as an integrated system.
[2]
Accessory structures that are adjacent to pedestrian paths,
including but not limited to pavilions, gazebos, railings, fences,
boardwalks, docks, decks, benches, refuse containers, bicycle racks,
landscaping, crosswalk treatments, signs, and lighting, shall be located,
oriented and scaled for pedestrian use and shall be compatible or
complementary in their materials, colors and styles.
[3]
Site plans shall identify building entrances and connections
to pedestrian paths.
[4]
Pedestrian and bicycle paths shall be linked to other existing
local and regional trail systems.
[5]
Vehicle access and parking. Vehicle access and parking shall
be shared among uses, and shall be located and oriented subordinate
to buildings, public spaces, public gathering places and pedestrian
paths.
[6]
Fences. Fences shall be compatible with or complementary to
the materials, colors and architectural style of nearby buildings
and structures.
C.
Development regulations. In furtherance of the legislative intent
and purpose of the WD District, development within this district shall
be subject to the following regulations:
(1)
Lot dimensions. There shall be no minimum or maximum lot width, lot
depth, or lot area.
(2)
Lot coverage. There shall be no minimum or maximum lot coverage.
(3)
Gross floor area. The minimum gross floor area of any building that
contains a nonresidential use shall be 5,000 square feet. In no case
shall any use within such building exceed 10,000 square feet in gross
floor area.
(4)
Setback. The setbacks of all structures shall comply with the requirements
and restrictions of the Building Codes of New York State.
A.
Legislative intent and purpose.
(1)
In accordance with the Town of Greece Local Waterfront Revitalization
Plan (the "LWRP"), the Town of Greece 2001 Community Master Plan Update,
previous Town of Greece Canal-related planning studies, and regional
and state canal plans and goals, the legislative intent and purpose
of the Canal Corridor Overlay (CCO) District is to protect a scenic
corridor along the Erie Canal by maintaining a vegetative corridor
along most of the Town's Canal waterfront and by providing a consistent
level of protection of the visual, environmental, and historical resources
within this corridor. In order to accomplish this, the CCO District
is overlaid onto zoning districts that are adjacent to the Erie Canal.
All provisions of the underlying districts remain in full force and
effect, except where provisions of the CCO District differ; in such
cases, the more restrictive provision shall apply.
(2)
The specific purposes of this district include the following:
(a)
To preserve natural, scenic, and historic values along the Erie
Canal.
(b)
To preserve woodlands, wetlands, and other green space.
(c)
To use existing vegetation along the canal to create a secluded
natural experience for boaters, hikers, bikers and other canal users.
(d)
To use vegetative buffers to help reduce the velocity and volume
of stormwater runoff entering the Erie Canal, increase infiltration,
decrease erosion, and protect water quality by filtering out pollutants,
including nutrients from fertilizers and agricultural pesticides.
(e)
To regulate uses and structures along the Erie Canal in order
to avoid increased erosion and sedimentation.
(f)
To recognize areas of significant environmental sensitivity
that should not be intensely developed.
(g)
To encourage land uses along the Erie Canal that are compatible
with the intent and purpose of this district.
(h)
To permit reasonable uses of land while directing more intense
development to more appropriate areas of the community.
B.
District boundaries. The CCO District comprises an area adjacent
to the entire length of the Erie Canal in the Town of Greece and is
parallel to and 200 feet from the high water mark of the Canal on
each side of the Canal, but does not include any of the WD (Waterfront
Development) District, all as shown on the Official Zoning Map.
C.
Permitted uses and structures; prohibited uses and structures.
(1)
Permitted principal uses, accessory uses and structures and special
permit uses within the CCO District shall be those set forth in the
underlying zoning district.
(2)
The following uses and structures, however, are specifically prohibited
within the CCO District:
(a)
Dismantling, storage, processing or sale of salvageable parts
from wrecked automobiles or other machinery, including scrap metal
or other discarded but recyclable material.
(b)
Oil, gas or mineral extraction or surface mining.
(c)
Freight or truck terminals.
(d)
Bulk fuel storage.
(e)
Bulk industrial chemical storage or processing.
(f)
Self-service storage facilities.
(g)
Storage areas for construction materials and equipment.
(h)
Advertising signs.
(i)
Uses which may be noxious or injurious due to the production
or emission of dust, smoke, odor, gases, fumes, solid or liquid waste,
noise, light, vibration, or nuclear or electromagnetic radiation or
due to the likelihood of injury to persons or damage to property if
an accident occurs.
D.
Development regulations.
(1)
Setback.
(a)
Nonresidential districts.
[1]
The minimum setback of principal and accessory buildings from
the Erie Canal shall be 50 feet from the right-of-way of said canal.
However, in no case shall principal and accessory buildings be placed,
erected or constructed less than 150 feet from the high-water mark
of said canal.
[2]
Structures may be placed, erected or constructed within the
required setback distance, provided that the Planning Board finds
that such structures are directly related to use of the Erie Canal.
In such cases, the Planning Board shall have the authority to impose
additional conditions as may be warranted.
(b)
Residential districts.
(c)
The minimum setback of principal buildings from the Erie Canal
shall be 50 feet from the right-of-way of said canal.
(d)
The minimum setback of accessory buildings from the Erie Canal
shall be 20 feet from the right-of-way of said canal.
(3)
Parking areas and driveways. No parking area, driveway or public
street shall be located closer than 100 feet to the high-water mark
of the Erie Canal.
(6)
Additional requirements and standards.
(b)
Sign regulations are contained in Article VII of this chapter. The following signs are prohibited within 200 feet of the high-water mark of the Erie Canal:
(c)
Development shall not prohibit, interfere with, hinder or discourage
the public use of the Erie Canal Trail. Development shall provide
opportunities for trail linkages between the Erie Canal Trail and
existing or proposed pedestrian walkways.
(d)
When located adjacent to historic structures, new buildings
shall reflect the architectural character of such existing historic
structures.
[Added 3-24-2022 by L.L. No. 2-2022]
A.
Intent and purpose. In accordance with the recommendations of the
Town of Greece 2020 Comprehensive Plan Update and 2022 Bicentennial
Historic Resources Survey, the Historic Preservation Overlay District
(HPOD) is intended to promote the protection and enhancement of local
landmarks by providing opportunities for adaptive reuse where deemed
appropriate by the Town Board, and where such adaptive reuse does
not detract from the agricultural, cultural, social, economic, political
or architectural heritage or character of such local landmark.
B.
LOCAL LANDMARK
Definitions. As used in this section, the following terms shall have
the meanings indicated:
A structure designated by the Planning Board as an official landmark pursuant to Chapter 128 of the Town of Greece Code (Historic Preservation).
C.
Applicability. This overlay may be enacted at the discretion of the Town Board where a local landmark has been designated pursuant to Chapter 128 of Town of Greece Code. The local landmark designation is separate and distinct from any state or federal landmark designation. The provisions of this section shall only be applicable to local landmarks as defined herein.
D.
Special permit uses. Where the HPOD has been enacted by the Town
Board, the Planning Board may grant a special use permit allowing
the following uses or mix of uses where such uses are not already
permitted in the underlying zoning district.
E.
Standards for special permit applications to the Planning Board.
No special permit shall be granted by the Planning Board unless and
until the applicant has demonstrated to the satisfaction of the Board
that:
(1)
Access to the site and the size of the site are adequate for the
proposed use.
(2)
The proposed use will not adversely affect the orderly pattern of
development in the area.
(3)
The nature, duration and intensity of the operations which are involved
in or conducted in connection with the proposed use will be in harmony
with nearby uses and will not alter the essential character of the
neighborhood nor be detrimental to the residents thereof.
(4)
The proposed use will not create a hazard to health, safety or the
general welfare.
(5)
The proposed use will not be detrimental to the flow of traffic in
the vicinity.
(6)
The proposed use will not place an excessive burden on public improvements,
facilities, services or utilities.
(7)
The proposed use and any related site improvements do not diminish
the historic character of the local landmark.
(8)
The proposed use positively contributes to ongoing maintenance and
protection of the local landmark.
(9)
Site accommodations, such as parking, pedestrian access, utilities,
lighting, and landscaping, are adequate for the proposed use.
F.
G.
Additional requirements.
(1)
Special permit uses must principally occupy the local landmark structure.
Structures which are accessory to a local landmark, and which are
located on the same property as the local landmark, may be used in
conjunction with a special permit so long as the use is incidental,
secondary or subordinate to the primary use.
(2)
Special permits granted pursuant to this section shall not be transferable.
Upon sale or transfer of the property, a new special use permit or
waiver shall be required.
(3)
In enacting the HPOD, granting a special permit, site plan, or minor
improvement plan approval, the Town Board and Planning Board may impose
such conditions as are reasonably necessary to protect the local landmark
and mitigate any potential impacts to the community resulting from
such approvals.
(4)
The proposed use must comply with the requirements of the New York
State Uniform Fire Prevention and Building Code, and all other local,
state or federal requirements which may apply.
