A.
Purpose.
(1)
Property in a TNDO District may be developed in accordance with
the regulations of the underlying zoning district or utilizing the
provisions of this section. The purpose of a TNDO District is to establish
a development option for parcels within a TNDO zoning district. The
use of the procedure in this article is not equivalent to incentive
zoning as provided in Town Law § 261-b.
(2)
The provisions of the TNDO are intended to promote traditional
neighborhood development patterns in areas that adjoin existing villages
or hamlets. Within a TNDO District, higher-density residential development
will be allowed if designed according to these guidelines to ensure
that the resulting development incorporates the design principles
of traditional neighborhoods.
(3)
A primary objective of the TNDO option is to provide for a diversity
of dwelling types, age groups, and income levels, in a manner consistent
with the variety of existing dwellings in the area and with traditional
village/hamlet building and site development patterns. New construction
is to be predominantly single-family dwellings on a variety of village/hamlet-scale
lot sizes.
B.
Establishment of Overlay District. The Town of Dryden Zoning Map
delineates the boundaries of possible TNDO Districts. All TNDO Districts
are also RA or RR Districts. Areas outside of such TNDO Districts
may be developed only by amendment of the Town of Dryden Zoning Map
to establish a district where this development option may be utilized.
C.
Density. Maximum density in the TNDO District shall be six dwelling
units per acre subject to the other provisions of this chapter.
D.
Permitted principal uses:
(2)
Up to 40% of new units may be in two-family or multiple-family
dwellings. When two-family or multiple-family dwellings are proposed,
they shall be integrated architecturally and in scale with the same
streetscape as single-family dwellings, and not isolated in separate
areas of the TNDO District.
E.
Permitted accessory uses and structures:
(1)
Private garages or carports for the parking of motor vehicles
of residents.
(2)
Customary accessory structures to residential uses, including
but not limited to private swimming pools, hot tubs, storage buildings,
greenhouses, pet shelters and outdoor fireplaces.
(3)
Customary farm accessory buildings for the storage of products
or equipment.
(4)
Off-street parking, fencing, and signs.
(5)
Home occupations: Level 1.
F.
Design and dimension requirements:
(1)
Open space. Not less than 20% of the permanently protected open
space which is required to be set aside shall be in a form that is
integrated into the residential neighborhood and accessible to the
public, such as a central green, neighborhood squares or commons,
tot lots, a community park, or any combination of the above.
(2)
Blocks. Streets shall be designed to create blocks that are
generally rectilinear in shape, a modified rectilinear shape, such
as curves, or another regularly repeating, distinct geometric shape.
Amorphously shaped blocks are discouraged, except where topographic
or other conditions necessitate such a configuration. To the greatest
extent possible, blocks shall be designed to have a maximum length
of 480 feet. Lanes or alleys shall be permitted to bisect blocks.
(3)
Street layout. The street layout shall form an interconnected
system of streets primarily in a rectilinear grid pattern, modified
to avoid a monotonous repetition of the basic street/block pattern.
The use of culs-de-sac and other streets with a single point of access
shall be minimized. To the greatest extent possible, streets shall
be designed to have a maximum length of 600 feet from intersection
to intersection, and, to the greatest extent possible, shall either
continue through an intersection, or terminate in a "T" intersection
directly opposite the center of a building, an green space area, or
a view into a peripheral green space area.
(4)
Sidewalks. A sidewalk network shall be provided throughout the
development that interconnects all dwelling units with, nonresidential
structures, common green spaces, and the original village/hamlet to
which the development is adjacent. If the development is not adjacent
to a village/hamlet area, but rather an open space owned or controlled
by the owner, then a trail system through the open space shall be
provided. Sidewalks shall be a minimum of four feet wide, and five
feet and six feet wide along major pedestrian routes. Sidewalks shall
be of barrier-free design to the greatest extent possible. The pedestrian
circulation system shall include crosswalks where appropriate, and
include gathering/sitting areas and provide benches, landscaping,
and other street furniture where appropriate.
(5)
Minimum lot area: 6,000 square feet.
(6)
Minimum lot width at building line: 40 feet.
(7)
Yard regulations. Variations in the principal structure position
and orientation may be considered and the following minimum standards
shall apply:
(a)
Front yard setbacks:
[1]
Principal structures: 12 feet minimum (six feet to front porches/steps);
[2]
Attached garages (front entrance): minimum 10 feet behind front
plane of house;
[3]
Attached garage (side entrance): minimum 10 feet from street
line;
[4]
Detached garages (front entrance): minimum 40 feet from street
and 10 feet behind plane of house or in the rear yard.
(c)
Side yard: minimum separation of 20 feet between principal structures;
however, the side yard shall be a minimum of five feet.
(8)
Maximum impervious coverage: 50% limit per lot.
(9)
Minimum frontage: Lots must have frontage either on a street
or on a back lane or shared driveway. Dwellings served by rear lanes
may front directly onto parks or greens, which shall be designed with
perimeter sidewalks.
(10)
Maximum building height: 35 feet.
G.
Uses allowed by special use permit. The following uses are allowed
with a special use permit issued by the Town Board:
(1)
Single-family dwelling with accessory dwelling unit.
(2)
Home occupation: Level 2.
(3)
Church and other religious institution.
(4)
Horticultural nursery.
(5)
Recreational facilities of charitable, not-for-profit organizations.
(6)
Public and semipublic buildings and uses.
(7)
Bed-and-breakfast establishment.
(8)
Bed-and-breakfast home.
(9)
Congregate care facility.
(10)
All business group uses permitted by special use permit in the
VHMUD, VHRD and VHTD Districts.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
H.
Site plan approval required. No site preparation or construction
shall commence until site plan approval has been granted by the Town
Board. The Town Board shall have full discretion to approve or deny
applications for proposed projects within the TNDO based on compliance
with the standards set forth above.
A.
Purpose and applicability. The purpose of this district is to define
a location where large-scale retail development may be appropriate,
and to define specific requirements for the review and approval of
large-scale retail shops and shopping centers, and provide for the
utilization of incentive zoning pursuant to Town Law § 261-b.
B.
Establishment of the district. The LSRD District is a floating zone,
and is not defined as of the date of the adoption of the Town of Dryden
Zoning Map. When the Zoning Law is amended to create the LSRD District,
the Zoning Map will delineate the boundaries of the LSRD District
at the same time a special use permit has been granted to allow a
proposed large-scale retail development. Compliance with the procedural
requirements of Town Law § 261-b is required in connection
with the approval of a LRSD District.
C.
Size limitations.
(1)
Stores. No individual store shall be greater than 45,000 gross
square feet in floor area unless an amenity package is included as
part of the site plan approval.
(2)
Retail shopping centers. No retail shopping center shall be
greater than 90,000 gross square feet in floor area unless an amenity
package is included as part of the site plan approval.
(3)
For the purpose of the size limits set forth above, floor area
shall include floor area or floor space of any sort within a building
as well as exterior space used for sale or storage of merchandise.
This shall include, but is not limited to, garden centers, outdoor
display areas, or lumber yards.
D.
Building placement, parking, lighting and landscaping. Conformance
to the Town's Commercial Design Guidelines shall be required to the
maximum extent practicable, in addition to all other applicable requirements
set forth in this chapter.
E.
Amenity package. In order to increase the square footage for an individual
store or retail shopping center, a developer may include an amenity
package to assist the Town in meeting other needs related to goals
stated in the Comprehensive Plan or other officially adopted Town
plan (i.e., open space, recreation, etc.).
(1)
A maximum of 60,000 gross square feet of floor area for an individual
store and 120,000 gross square feet of floor area for a shopping center
may be approved by the Town Board if a suitable amenity package is
provided. Any increase in square footage allowed must be commensurate
with the value of the amenity package proposed.
(2)
Amenities may include provisions for on-site and/or off-site
improvements beyond those required for the project and/or beyond measures
needed to mitigate the impact of the project. The amenities may include,
but are not limited to, the following:
(a)
Affordable housing options;
(b)
Enhancement of public facilities including local highways, public
water, public sewage, stormwater, and community services/public safety/transportation
facilities;
(c)
Creation or extension of an open space system for the public
including a comprehensive multipurpose path system and lands (including
developable land) permanently protected by a conservation easement
or other similar measure acceptable to the Town Board;
(d)
Creation of recreational amenities including parks, walking
or biking trails, community centers and similar features designed
for use by the immediate residents and public that are not already
located on site;
(e)
Payment to the Town for a dedicated fund for use in future public
improvements or acquisition of community facilities such as recreation
facilities, trails, fishing and water access; public works such as
water, sewer, and transportation facilities, and the acquisition and/or
permanent protection of open space and agricultural lands;
(f)
Noncorporate design features for the store and/or retail shopping
center;
(g)
Enhanced stormwater retention facilities, both on and off site.
(3)
Where the Town Board determines that a proposed amenity is not
immediately feasible, or otherwise not practical, the Town Board may
require, in lieu thereof, a payment to the Town of a sum to be determined
by the Town Board. These funds shall be deposited in a dedicated fund
to be used by the Town Board exclusively for the type of amenities
defined herein.
F.
Abandoned structure surety bond. The Town may require a performance/surety
bond providing for demolition of the store(s) or retail shopping center
if the structure is vacated or abandoned, and remains vacant or abandoned
for a period of more than 12 consecutive months.
[Added 8-10-2023 by L.L. No. 6-2023]
A.
Purpose and applicability. The purpose of this district is to define
a location where billboards may be appropriate and specific requirements
for the review and approval of billboards.
B.
Establishment of the district. The BO District is an overlay zone
and is not defined as of the date of the adoption of the Town of Dryden
Zoning Map. When the Zoning Law is amended to create the BO District,
the Zoning Map will delineate the boundaries of the BO District.
C.
Bulk requirements, permitted principal and accessory uses, site plan,
and special permit requirements for uses other than billboards. Any
property designated as a BO District is subject to the district regulations
of the underlying district upon which it is imposed as well as the
district regulations set forth herein. In the case of any conflict
between the district regulations applicable in an existing district
upon which the BO District is imposed and the district regulations
set forth herein, these regulations shall be controlling.
D.
Special permit required. Prior to the construction or placement of
a billboard, it shall receive special permit approval. In considering
applications for special permit approval, in addition to the other
requirements of this chapter, the Town Board shall take into consideration
the size, type of construction, design, location, its effect on surrounding
property, safety of vehicular traffic and maintenance provisions,
including a provision for removal of the billboard, if abandoned.
E.
Location and spacing. All billboards erected pursuant to this section
shall comply with the following location and spacing requirements:
(1)
The minimum distance from other existing billboards, including
those located outside the boundaries of the Town, shall be 0.5 mile,
except that the minimum distance for electronic billboards from other
existing billboards (including other electronic billboards) shall
be one mile.
(2)
The minimum distance from any and all single- or multiple-family
dwelling(s), including those located outside the boundaries of the
Town, shall be 500 feet. Under all circumstances, light shall be shielded
from such properties.
(3)
Billboards shall not be located on top of, cantilevered over
or otherwise suspended above any building or structure.
(4)
Billboards shall not be located closer than five feet to any
state, county or Town right-of-way, or 30 feet to the street, highway,
or road lane of travel, whichever is greater.
(5)
Billboards shall not be located closer than 500 feet to a street,
highway or road intersection.
(6)
Billboards shall, in addition to the foregoing requirements,
be located in areas with minimum other distractions.
F.
Illumination.
(1)
All billboards with standard illumination shall be equipped
with a timer so as to only illuminate such billboard for the time
period between 1/2 hour prior to sunset and 1/2 hour after sunrise.
(2)
All electronic billboards shall be equipped with a mechanism
to automatically adjust the brightness in response to ambient conditions
and to produce a distinct reduction in the level of illumination for
the time period between 1/2 hour prior to sunset and 1/2 hour after
sunrise. Electronic billboards shall also be equipped with a means
to immediately turn off the display or lighting if they malfunction,
and the owner thereof shall immediately turn off the electronic messages
or lighting when notified by the Town that it is not in compliance
with this section.
(3)
The maximum brightness levels of all billboards shall not exceed
a brightness of 5,000 candelas per square meter during the daytime
and 150 candelas per square meter during the nighttime.
G.
Height. The height of the billboard shall not exceed 20 feet in height,
including support, measured from the elevation base of the sign. In
addition, the billboard's height shall not exceed 30 feet above
the highest level of the nearest roadway upon which the billboard
faces or to which the message upon the billboard is directed. In the
event that a billboard is situated upon or facing two roadways having
different levels, the height of the billboard shall be measured from
the higher roadway.
H.
Size; surface area.
(1)
The surface display area of any side of a billboard shall not
exceed 300 square feet.
(2)
The surface display area of a billboard shall be measured to
include the entire area within a regular geometric form, or combinations
thereof, comprising all of the display area of the billboard, including
all of the elements of the matter displayed. Frames and structural
members, excluding necessary supports or uprights, shall be included
in computation of surface display area. In the case of a sphere, spheroid,
or similarly shaped billboard (e.g., a ball), the total surface display
area shall be divided by two for determining the maximum surface display
area permitted.
(3)
Tandem or stacked billboards are prohibited.
(4)
V-style and double-sided billboards are permitted.
I.
Construction and maintenance.
(1)
All billboards shall be constructed in such a fashion that they
will withstand all wind and vibration forces that can normally be
expected to occur in the vicinity and in compliance with all applicable
codes.
(2)
All billboards shall be maintained so as to assure proper alignment
of structure, continued structural soundness and continued readability
of message.
(3)
All billboards must be otherwise kept in good repair, be clean,
neatly painted or placarded, and free from all hazards, including,
but not limited to, faulty wiring, loose fastenings, or damaged supports.
The billboard shall not be dangerous to the public health or safety.
If the Code Enforcement Officer shall find that any such billboard
violates any of these provisions, he or she shall give written notice
of such violation to the owner of the land, and the billboard shall
be removed or the deficiencies corrected within a period set in such
notice but not less than 30 days from such notice.
(4)
In the event that the owner of the billboard or the owner of
the land on which it is situate shall fail or refuse to repair or
remove such billboard within any required period, the Code Enforcement
Officer may remove or repair such billboard. All costs and expenses
incurred in the removal or repair of such billboard shall be collected
from the owner of the land or the owner of the billboard in an action
at law, or such costs and expenses may be assessed against the owner
of the land upon which the billboard is situate and shall be collected
as part of the Town tax next due. No such amount shall be so assessed
and collected unless a notice, in writing, of the amount due has been
sent to the owner of the land on which the billboard is erected prior
to the first day of September of the next year in which the amount
is to be assessed and collected along with the Town tax.
J.
Electronic images and messages.
(1)
Format.
(a)
Electronic billboards shall contain only a single, contiguous
electronic message on each billboard face, or a single, contiguous
electronic message on one billboard face and a nondigital/nonelectronic
image or message on the other billboard face.
(b)
Images and messages displayed on electronic billboards shall
be static or still images. Animation, video streaming, moving images,
or other pictures and graphics displayed in a progression of frames
that give the illusion of motion or moving objects is prohibited.
(c)
Sequential messaging as part of an electronic message is prohibited.
The images and messages displayed on all electronic billboards shall
be complete within themselves without continuation in content to the
next image or message or to any other billboard.
(2)
Size. Every line of copy and graphics in an electronic message
shall be at least 12 inches in height, except that any copy or graphic
required by law (e.g., political, alcohol, health advertisements)
may be at least five inches in height. If there is insufficient room
for copy and graphics of this size within the actual copy and graphic
area of a billboard, then no electronic message shall be permitted.
(4)
Emergency and public messages. Digital billboards shall be made
available to the Town, county, and state emergency services in case
of emergency or for such matters as Amber Alerts.
(5)
Safety and security technology. Electronic billboards shall
be designed and equipped to freeze the device in one position if a
malfunction occurs. Electronic billboards must also be equipped with
a means to immediately discontinue their display if they malfunction
or are accessed by persons not authorized to do so, and the owner
thereof must immediately stop the electronic message or image when
notified by the Town that it is not complying with the standards of
this section. Prior to issuing any necessary permits for an electronic
billboard, the applicant shall submit to the Town a data security
plan to prevent unwanted content from being displayed and written
verification from the manufacturer that the electronic billboard is
so designed and equipped.
K.
Other applicable laws. All billboards must comply with all applicable
provisions of federal and state law, and all other relevant regulations
and ordinances of the Town.
