[Added 11-18-2004 by L.L. No. 13-2004]
A.
Purpose. The purpose of the Mixed Use Commercial (MUC)
Zoning District is to create a traditional mixed-use area that can
serve as a gathering place, scaled to the pedestrian.
B.
Goals. The goals of this article are:
(1)
To create an aesthetically pleasing public realm
of streets and sidewalks framed by building facades, decorative and
enlarged sidewalks, architectural street lighting and signage, enhanced
by trees, plazas, parks, natural and recreational areas, and other
public amenities.
(2)
To make available sites for civic uses and small-scale
public events.
(3)
To make the zoning district an area that is
appealing to pedestrians and bicyclists and built on a scale that
is conducive to pedestrian activity.
(4)
To create a distinctive identity and sense of
place.
As used in this chapter, the following terms
shall have the meanings indicated:
The Mixed Use Commercial (MUC) Zoning District design guidelines
for each specific district shall serve as a guide to the interpretation
of this article and in assisting in the preparation and review of
detailed plans for development in the Zoning District. Conformance
to the design guidelines will be subject to review by the Planning
Board.
A plan map labeled "Irondequoit Town Center Regulatory Plan"
that illustrates the concept of this Mixed Use Commercial (MUC) Zoning
District and depicts street and parking layouts and building setback
dimensions.
The following uses shall be permitted in the
Mixed Use Commercial (MUC) Zoning District:
The following uses shall be specifically prohibited
in the Mixed Use Commercial (MUC) Zoning District:
A.
Any use in which goods or services are exclusively
dispensed through a drive-up window or automated dispensing device.
B.
One- or two-family detached dwelling units.
C.
Adult entertainment establishments.
D.
Any use involving a building with the gross floor
area (GFA) exceeding 8,000 square feet, or up to 15,000 square feet
with bonuses. (See Civic space and public improvement incentives and
preexisting nonconforming structures and uses below.)[1]
E.
Any use which does not comply with § 235-39, Limitations on uses, which addresses hazardous materials and pollutants.
F.
Any use involving the continuous use or outdoor storage
of construction equipment.
G.
Funeral homes.
H.
Mini storage facilities, contractor storage yards
and landscaping and nursery uses.
I.
Commercial outdoor swimming pools.
J.
Laboratories.
K.
Animal hospitals, dog kennels and stables.
L.
Car washes.
M.
Automobile, boat, recreational vehicle and motorcycle
sales, service, repair, storage and impounding facilities.
N.
Motels.
A.
The following uses are permitted subject to the issuance of a special use permit by the Town Board pursuant to the special use permit requirements set forth in §§ 235-28 and 235-30.5B below and upon a determination that such use would be consistent with the purpose and goals of the Mixed Use Commercial (MUC) Zoning District:
(1)
Gasoline filling stations (used for the sale
and direct delivery of gasoline and/or other motor vehicle fuel and/or
lubricating substances).
(2)
Telecommunications towers shall be concealed
within the primary building structure and shall be designed to conceal
the presence of said communications towers.
(3)
Drive-up windows.
The following dimensional standards shall apply
in the Mixed Used Commercial (MUC) Zoning District:
A.
Minimum lot area: none.
B.
Minimum lot width: 24 feet.
C.
Maximum front setback: to be determined by the Planning
Board but not to exceed the average setback of the adjoining structures.
D.
Rear setback: zero feet, or 10 feet when the lot abuts
any residentially zoned district.
E.
Side setback: zero feet, or 10 feet when the lot abuts
any residentially zoned district.
F.
Maximum building area: 8,000 square feet of gross
floor area (GFA) without bonuses, up to a maximum of 15,000 square
feet with bonuses. (See Civic space and public improvement incentives
and preexisting nonconforming structures and uses below.)
G.
Maximum building height: 35 feet.
H.
Minimum frontage build-out: 70%. (Defined as the percentage
of the lot frontage occupied by a building's front facade.)
I.
Maximum impervious surface coverage per lot: 75% without
bonuses, 95% with bonuses. (See Civic space and public improvement
incentives and preexisting nonconforming structures and uses below.)
A.
Residential uses, multiple dwellings or apartments:
A minimum of one-and-one-half spaces per dwelling unit. These requirements
may be reduced for dwelling units with less than 1,000 square feet
of gross floor area (GFA), senior citizen housing, mixed-use developments,
or under other appropriate circumstances, if the Planning Board determines
that such reductions are warranted and would help to advance the district's
purpose and goals.
B.
Nonresidential uses: The minimum off-street parking
requirement for all permitted nonresidential uses shall be three spaced
per 1,000 square feet of gross floor area (GFA) but no less than two
per thousand square feet of gross floor area (GFA) with bonuses.
C.
Common or public parking: Parking for uses in the
Mixed Use Commercial (MUC) Zoning District shall, to the extent feasible,
be provided in parking lots open to the public or in common with other
property owners, rather than on individual lots restricted to customers
or clients of each use.
(1)
Where such parking is made available to the
public or in common with other property owners, the minimum parking
requirement may be reduced by 33 1/3% by the Planning Board when
consistent with the district's purpose and goals. (See Civic space
and public improvement incentives below.[1])
(2)
The term "in common with other property owners"
as used here is defined as being subject to entering into mutual,
recordable cross-parking casement and its review and acceptance by
the Town.
D.
Fee in lieu of providing required parking spaces.
(1)
Where the required parking spaces cannot be
made available on the site and/or in public or private shared parking
lots, in a manner that satisfies the requirements of this section,
the applicant shall pay a fee in lieu of some or all of the parking
deficiency.
(2)
The Town Board shall establish an amount sufficient
to cover the estimated cost of providing and maintaining additional
public parking spaces in the Mixed Use Commercial (MUC) Zoning District.
Such fee shall be kept in a dedicated fund for municipal parking purposes
in the Mixed Use Commercial (MUC) Zoning District and shall be used
only for such purposes.
E.
Location of parking. Parking requirements may be satisfied
by the use of shared parking by different uses on the same site, off-site
public or private parking, and payment of a fee in lieu of providing
parking, or a combination of these options.
F.
Cross access. Vehicular cross-access between lots
may be required by the Planning Board when feasible. The exact location
and the extent of cross-access between lots shall be subject to review
and approval by the Planning Board.
Based on the extent of the public benefit derived,
the following incentives may be provided by the Planning Board to
the applicants who satisfy the following requirements:
A.
Mixed use. Where a building contains both residential
and nonresidential uses at least 25% of the gross floor area (GFA)
of the building must be devoted to each type of use, however, in no
event the cumulative incentives would reduce the minimum off-street
parking requirements to less than two spaces per thousand square feet
of gross floor area (GFA) and a maximum impervious ratio of 95% of
the lot area.
B.
Parking. When land used for parking on a lot is conveyed
to the Town for public parking, permanently posted as being available
for public use, or a cross-access easement is provided to the Town,
the following incentives may be provided:
(1)
One additional story of height, not to exceed
the maximum building height of 35 feet and maximum gross floor area
(GFA) of 15,000 square feet;
(2)
Up to a 33 1/3% reduction in the parking
requirement, but not less than two parking spaces per thousand square
feet of gross floor area (GFA) or
(3)
Up to a 10% increase in the otherwise permitted
total floor area; or
(4)
Any combination of the above.
The following additional incentives may be provided
to applicants who satisfy the following requirements:
A.
Civic space. Upon approval of the plan and acceptance
by the Town Board, for every 1,000 square feet of land dedicated to
public use for pedestrian plazas, squares, greens, works of art, parks,
playgrounds, trails, or other such public amenity as shown on the
Regulatory Plan, 100 square feet of additional gross floor area (GFA).
B.
Public improvements. If an applicant agrees to install
off-site public improvements approved and accepted by the Town Board,
for every $5,000 spent on such public improvements, 100 square feet
of additional gross floor area (GFA) shall be permitted.
[1]
Editor's Note: Former § 235-30.10,
Preexisting nonconforming structures and uses, was repealed 7-17-2007
by L.L. No. 4-2007.
All development/redevelopment within the Mixed
Use Commercial (MUC) Zoning District shall be subject to a preapplication
review by the Planning Board to determine the applicable incentives
and parking fee and shall include:
A.
Direct pedestrian connections to the public sidewalks
from the front or side building entrance(s).
B.
Direct pedestrian access to adjacent properties with
pedestrian walkways wherever possible.
C.
Pedestrian walkways from buildings to parking areas,
with extension of such walkways through the parking areas to adjacent
streets and buildings.
D.
A direct nexus between the plan submitted and the
zoning district design guidelines.
