City of New Rochelle, NY Article X Floating Zones

§ 331-77 Introduction; definition.

A. See § 331-28D.

B. Introduction; floating zone. A floating zone district defines a use, such as an office complex, educational institution, research laboratory, or multifamily housing, that the community wants to encourage. The floating zone can be affixed to a qualifying parcel of land, either upon approval of the application of the parcel's owner or upon the initiative of the City Council. Upon approval, the parcel is rezoned to reflect the new use and becomes its own zoning district; its development is governed by the use, dimensional and other provisions of the floating zone regulations. Floating zones are distinct from overlay zones because of several features, the most significant of which is that floating zones are not mapped until legally placed, while overlay zones are mapped. The substantive difference is that a floating zone replaces an underlying zoning district, while overlays work in tandem with existing underlying zoning districts.

§ 331-78 SFCH Single-Family Cluster Housing Floating Zone.

See § 331-28D(1).

A. Authority. Pursuant to § 37 of the New York General City Law, the Planning Board may, as a matter of its original jurisdiction and subject to the procedures, standards and limitations hereinafter set out, permit, simultaneously with the approval of a subdivision plat, deviations from the zoning requirements established by this chapter governing the average density of population permitted in the zoning district where such land lies.

B. Purpose. Cluster development procedures permit minor modifications of the yard, bulk and space requirements, other than minimum open space requirements, minimum lot area per unit and per bedroom requirements and lot coverage requirements, applicable in the various districts established by this chapter. Cluster development permits the grouping of structures in order to plan more usable open space or to preserve open space or historic or scenic features without exceeding overall density or land coverage requirements. This floating zone allows for development of single-family cluster housing.

C. Initiation. An application for a cluster development permit may be filed by the owner of, or other person having a contractual interest in, a property that is at least four contiguous acres in size; this regulation is applicable to all residential districts.

D. Procedure.

(1) Application. Applications for site plan approval of cluster development shall be submitted to the Commissioner of Development. A nonrefundable application fee, as established in § 331-139 of this chapter, shall accompany any application. The application shall be in such form and shall contain such information and documentation as shall be prescribed by the Commissioner of Development but shall in all instances contain at least the following information and documentation:

(a) The applicant's name and address and his interest in the subject property.

(b) The owner's name and address, if different from the applicant, and the owner's signed consent to the filing of the application.

(c) The street address or legal description of the property.

(d) The zoning classification and present use of the subject property.

(e) A written statement generally describing the proposed cluster development, the housing types to be permitted and the market which it is intended to serve; its relationship to the Comprehensive Plan; and how the proposed cluster development is to be designed, arranged and operated in order to permit the development and use of neighboring property in accordance with the applicable regulations of this chapter.

(f) A tabulation of the following information:

[1] The total land area of the site, expressed in square feet.

[2] The total number of dwelling units proposed, by type of structure and number of bedrooms.

[3] The proposed number of off-street visitor parking spaces.

[4] The total land area to be developed for private street purposes.

[5] The total land area to be reserved for public rights-of-way.

[6] The proposed lot coverage, expressed as a percent of the site's total land area covered by nonresidential buildings.

[7] The total land area to be reserved for usable open space, divided between:

[a] Land to be used as private open space; and

[b] Land to be used as common open space.

[8] The proposed density of population, expressed as an average of the total square footage of the site's land area, excluding land used for private streets and/or public rights-of-way, per proposed dwelling unit.

[9] The proposed yard setbacks for each unit and/or structure.

(g) An analysis of the maximum lot coverage permitted on the subject property by the regulations of this chapter applicable to it, expressed as a percent of the site's total land area covered by buildings.

(h) A statement of the minimum yard requirements permitted on the subject property by the regulations of this chapter applicable to it.

(i) A statement of the minimum open space requirements permitted on the subject property by the regulations of this chapter applicable to it.

(j) A drawing illustrating the maximum number of dwelling units which potentially could be built on the site, using a conventional subdivision design conforming to:

[1] The design standards for private and/or public streets; and

[2] The zoning regulations applicable to the zoning district(s) wherein such land lies.

(k) A statement that the maximum permitted number of units and the maximum permitted lot coverage are not exceeded by the proposed cluster development and that the minimum required area of open space is provided.

(l) A statement of the applicant's intent with respect to the ownership, sale and leasing of the various completed units, structures, spaces and areas within the proposed development.

(m) Proof of continued maintenance of common open space by deed restriction or homeowner's association agreement for developments where any or all required open space is provided on a lot held in common by all lot owners.

(n) An application for site plan approval as required and defined by Article XIII of this chapter, which plan shall bear the seal of a registered architect or licensed professional engineer licensed to practice in the State of New York.

(o) Such other and further information or documentation as the Planning Board or the Commissioner of Development may deem to be necessary or appropriate to a full and proper consideration and disposition of the particular application.

(p) An application for subdivision approval, if required, shall be made as required and defined by Chapter A361, Article II, Subdivision Procedures.

(2) Public hearing. A public hearing shall be set, advertised and conducted by the Planning Board in accordance with § 32 of General City Law.

(3) Action by Planning Board. Within 62 days following the conclusion of the public hearing, the Planning Board shall render its decision, either granting the application for cluster development approval; granting it subject to conditions as specified in Subsection F below; or denying the application. The failure of the Planning Board to act within 62 days, or such longer period of time as may be agreed to by the applicant, shall be deemed a denial of the application. Within five business days of such decision or the expiration of such period, the Clerk of the Planning Board shall mail notice of such decision or failure to act to all parties entitled thereto as provided by General City Law, file such decision in the Office of the City Clerk, and, in the event that a cluster development site plan application is approved and a building permit is authorized, the Building Official shall issue such permit, listing therein any and all conditions imposed by the Planning Board.

E. Requirements for cluster developments.

(1) Authorized uses. No use shall be authorized by a cluster development site plan approval except uses permitted or permissible in the district in which such development is to be located. Approval of a cluster development for a use requiring any special approval shall not excuse the requirement of obtaining such special approval.

(2) Density and coverage. No site plan approval for a cluster development shall authorize any increase in the overall density or intensity of development nor any increase in the overall lot coverage permitted by the district regulations applicable in the district in which such development is to be located. All land devoted to private street purposes shall be excluded from density, intensity and lot coverage calculations.

(3) Standards. Site plan approval for a cluster development shall be granted only if evidence is presented which establishes that:

(a) The minimum parcel size shall be four acres.

(b) The maximum parcel size shall be 20 acres.

(c) The proposed development will be in harmony with the general purpose, goals, objectives and standards of the Comprehensive Plan, this chapter and Chapter A361, Article II, Subdivision Procedures.

(d) The proposed building and/or use complies with all applicable regulations of this chapter except as modified pursuant to the authority of this section.

(e) The proposed building and/or use will not have a substantial or undue adverse effect upon adjacent property, the character of the neighborhood, traffic conditions, parking, utility facilities and other matters affecting the public health, safety and general welfare.

(f) The proposed cluster development will be constructed, arranged and operated so as not to dominate the immediate vicinity or to interfere with the development and use of neighboring property in accordance with the applicable district regulations.

(g) The proposed cluster development will be served adequately by essential public facilities and services, such as highways, streets, parking spaces, police and fire protection, drainage structures, refuse disposal, water and sewers, and schools; or that the persons or agencies responsible for the establishment of the proposed use will provide adequately for such services.

(h) The proposed cluster development will not result in the destruction, loss or damage of any natural, scenic or historic feature of significant importance.

F. Conditions on cluster developments. The Planning Board may impose such conditions upon the premises benefited by a site plan approval for a cluster development as may be necessary to ensure its compatibility with other development in the neighborhood. Such conditions shall be expressly set forth in the resolution authorizing the cluster development and granting site plan approval. Violation of such conditions shall be considered a violation of this chapter.

G. Effect of issuance of a cluster development site plan approval

(1) The site plan approval for a cluster development shall, upon the filing of a plat of such approved development with the Recorder of Deeds of Westchester County, constitute an amendment of the bulk, space and yard regulations of this chapter applicable to such development, and thereafter such plat shall constitute the bulk, space and yard regulations applicable to such development.

(2) However, the issuance of site plan approval for a cluster development shall not authorize the establishment or extension of any use nor the development, construction, reconstruction, alteration or moving of any building or structure, but shall merely authorize the preparation, filing and processing of applications for any permits or approvals which may be required by the codes and ordinances of the City or state, including, but not limited to, a permit for a special permit use, a building permit, a certificate of occupancy and subdivision approval.

H. Expiration of site plan approval for cluster development. Unless otherwise specifically set forth by the Planning Board in connection with its approval of a cluster subdivision, such approval shall expire if a building permit is not issued within one year from the date of approval and if all construction work is not substantially completed within two years of the date of issuance of such approval. Upon application to the Planning Board, extensions totaling a maximum of 12 months may be granted to the site plan approval effective date, for appropriate cause.

I. Adjustments to cluster development during construction. During the construction of a cluster development, the Building Official may authorize minor adjustments to the approved cluster development when such adjustments appear necessary in light of technical or engineering considerations first discovered during actual development. No such minor adjustment shall authorize the violation of any of the requirements set forth in Subsection E nor result in:

(1) Altering the bulk of any one structure or altering the bulk of a member of similar structures by more than 10 %.

(2) Altering the location of any one structure or group of structures by more than 10 feet or 0.1 of the distance shown on the plat between such structure or structures and any other structure or any vehicular circulation element or any boundary of the cluster development, whichever is less.

(3) Altering the boundary of any open space by more than 20 feet in any direction.

(4) Reducing the total amount of open space by more than 5% or reducing the yard area or open space associated with any single structure by more than 5%.

(5) Such minor adjustments shall be consistent with the intent and purpose of the Comprehensive Plan, this chapter and the approved cluster development plat, and shall be the minimum necessary to overcome the particular difficulty.

J. Amendments to cluster developments. In addition to the minor adjustments authorized by Subsection I(5) above, an approved cluster development may be amended in the same manner and subject to the same limitations as any other regulation established by this chapter, except that site plan review and approval pursuant to Article XIII of this chapter shall be required in connection with any such proposed amendment in excess of the standards set forth in Subsection I.

§ 331-79 INST Institutional Floating Zone.

See § 331-28D(2).

A. Purpose. The intent of this district is to ensure the comprehensive and planned future growth and orderly development of the major educational institutions within the City.

B. Eligibility. INST District zoning for eligible parcels may be approved and applied by the City Council on petition of the property owner. (See Subsection E.) The following are the minimum requirements for establishing the eligibility of any property for Institutional District zoning (INST):

(1) The institution shall be a not-for-profit corporation.

(2) The institution shall be chartered by the Board of Regents of the State of New York and be operated in accordance with the requirements of the New York State Education Department.

(3) All the properties which are owned by the institution in the City, which are integral to the educational function of the institution, and which consist of and/or are related to the campus of such institution, shall be included in the proposed Institutional District designation.

(4) The minimum parcel size shall be five acres.

C. Permitted uses.

(1) Permitted principal uses:

(a) Universities, colleges and private schools.

(2) Permitted accessory uses:

(a) Uses and structures which are clearly incidental and customarily accessory to the permitted principal use on the lot on which it is located.

(b) Business and professional offices.

(c) Indoor and outdoor recreation facilities.

D. Development standards. The following standards are hereby established as the minimum/maximum requirements, as the case may be, but may be made more restrictive, where such act is determined appropriate, based upon consideration of the particular circumstances of the individual application and its ability to satisfy the purposes of the INST District, as set forth in § 331-79A hereof.

(1) Maximum dimensional requirements:

(a) The maximum permitted floor area ratio shall be 0.70 for the entire campus, of which not more than 0.30 shall be allowed for residential use.

(b) The maximum building height shall be the same as the underlying zoning district. Additional building height may be allowed, but in no case shall the maximum height exceed the distance from such proposed building to the nearest perimeter lot line, as indicated on the master site plan.

(c) The maximum lot coverage shall be 25% for buildings, and 40% for all impervious surfaces.

(2) Minimum dimensional requirements:

(a) Outdoor playing fields shall be set back from neighboring streets and property lines a minimum of 50 feet and shall be screened from public view with fencing and/or buffer landscaping, all in accordance with a plan as determined adequate by the approving agency.

(b) The minimum yard setbacks for nonresidential uses from all perimeter residential lot lines shall be 60 feet.

(c) The minimum distance between buildings shall be determined as part of the application review process. In no case shall such spacing be less than 25 feet or the average height of the two buildings, whichever requirement is more restrictive.

(d) Parking and loading. The minimum off-street parking and loading space requirements shall be determined by the approving agency based on consideration of at least the following: gross floor area; expected number of students and staff; capacity of classrooms, laboratories and places of public assembly; scheduling of classes; availability of public transit; availability of public parking in the immediate area; and expected number of students to reside on campus.

E. Procedure. INST District zoning for eligible parcels (See Subsection B.) may be approved and applied by the City Council on petition of the property owner. The City Council will be designated as the lead agency for compliance with the New York State Environmental Quality Review Act (SEQRA).

(1) Preliminary master site plan. In the case of an application of a property owner requesting the establishment of an INST District, the applicant shall submit a preliminary master site plan of the proposed development concept showing all proposed buildings and uses on the site, proposed building spacing and yard setbacks, the proposed location and design of all streets, driveways, parking lots, screening, landscaping, open spaces and recreation areas, proposed architectural features of all buildings, the relationship of the proposed development to adjacent land uses, and such other information as the City Council may determine to be reasonably related to the health, safety and general welfare of the community. Such plans shall be accompanied by a brief analysis, in written form, explaining the proposed development concept, and the planning purposes of Subsection A. The written analysis shall address how the proposal benefits the City and how the development will impact the surrounding neighborhood.

(2) Planning Board referral. The City Council may refer any such application to the Planning Board which shall report to it as to whether the establishment of such a zone would be in accordance with the standards contained herein and would be of benefit to the City by satisfying the intent and purposes as set forth in Article I hereof. Upon receipt, the Planning Board shall refer a copy of the proposal to other City boards, agencies, and departments as it determines to be appropriate for their review and comment. A notice of the proposal shall also be mailed to all neighborhood associations within the City, which are currently on file in the Office of the City Clerk.

(3) Preliminary meeting. The applicant and the licensed professional preparing the preliminary master site plan shall attend a preliminary, informal meeting with the Planning Board for the purpose of presenting and discussing this proposal. All neighborhood associations, as defined in Subsection E(2) above, and all property owners within 250 feet shall be notified of such meeting by the applicant at least 10 days in advance.

(4) Report and recommendation. Following completion of its review, the Planning Board shall prepare and submit its report and recommendations to the City Council on at least the following:

(a) The establishment of such a zone would be in accordance with the standards contained herein; and

(b) Would be of benefit to the City by satisfying the intent and purposes of this chapter as set forth in Article I hereof.

(5) Public hearing. Upon receipt of the report and recommendations of the Planning Board, the City Council shall schedule and hold a public hearing to solicit public input. Notice of the public hearing shall be published on at least two different dates in the City's official newspaper, the first publication to be not less than five nor more than 30 days prior to the date of the hearing. In addition, the neighborhood association(s) shall be notified as required in Subsection E(5). A copy of such notice, with proof of mailing, shall be filed in the City Clerk's office by the applicant on or before the date of the public hearing.

(6) Council action. Following the close of the public hearing and completion of the SEQRA process, the City Council shall act to approve the proposed rezoning in conformance with the proposed preliminary master site plan, either with or without modifications, or shall disapprove the application. In the event of its approval, notification of the action taken and copies of all application materials shall be forwarded to the Planning Board for its further review and action, as appropriate.

(7) Any amendment to the approved preliminary master site plan shall follow the same procedure as set forth above.

F. Site plan approval. Prior to any construction within an INST District, application shall be made for site plan approval by the Planning Board for all or portions of the approved preliminary master site plan.

(1) Referrals for review and report. The Planning Board shall refer the site plan application for review and report to other boards, agencies and officials of the City which it deems appropriate.

(2) Public meeting. The Planning Board shall schedule a public meeting on the proposed site plan within 62 days of the date of its receipt of a complete application in proper form and in compliance with all SEQRA requirements. Notice of the public meeting shall be as required by local law.

(3) Planning Board action. Within 62 days of the close of the public meeting, the Planning Board shall act either to approve, with or without modifications, or disapprove the proposed site plan. The Planning Board decision shall be based upon the requirements of the City Council rezoning approval, the purposes, standards and regulations of the INST District and the requirements of SEQRA. Approval shall be required prior to the issuance of any building permit or certificate of occupancy within the INST District.

(4) Any amendment to the approved site plan shall follow the same procedure as set forth above.

§ 331-80 PUD-AH Planned Unit Development - Affordable Housing Floating Zone.

See § 331-28D(3).

A. Purpose. In recognition that the City has a high proportion of senior citizens and low- and moderate-income families and, given present economic conditions, limited or fixed incomes, physical restrictions, and the rapidly accelerating costs of maintaining a single-family residence, and the need for affordable housing, the City Council deems it necessary to provide for such housing within the City.

B. Eligibility. The Planned Unit Development Affordable Housing Floating Zone (PUD-AH) District is hereby established as a floating zone with potential applicability to any property which meets the following eligibility requirements:

(1) The underlying parcel is located within the RMF-0.4 Residential Zoning District or higher density residential or nonresidential zones.

(2) The parcel is within an urban renewal area as designated by the City Council.[1]

[1] Editor's Note: Former Subsection B(3), requiring a parcel of at least three contiguous acres, was repealed 7-16-2002 by Ord. No. 139-2002.

C. Boundary. The boundaries of each PUD-AH District shall be fixed by amendment to the official City Zoning Map as authorized by the City Council, wherever this district is applied. A metes and bounds description of each such district shall be kept on file in the Office of the City Clerk.

D. Although it is anticipated that PUD-AH rezoning applications will be submitted on a voluntary basis by applicants, the City Council may, in addition to considering these applications, on its own motion rezone property to a PUD-AH District.

E. PUD-AH District use and bulk standards.

(1) Permitted principal uses:

[Amended 2-15-2005 by Ord. No. 30-2005]

(a) One-family dwellings and attached dwelling units.

[Amended 11-21-2006 by Ord. No. 257-2006]

(b) Two-family dwelling units.

[Amended 11-21-2006 by Ord. No. 257-2006]

(c) Multifamily dwelling units.

(d) Medical support facilities, located wholly within a multifamily senior citizen building.

(2) Permitted accessory uses:

(a) Uses and structures which are clearly incidental and customarily accessory to the permitted principal use on the lot on which it is located.

(b) Outdoor recreational facilities.

(c) Indoor recreational facilities.

(3) Maximum height requirements:

[Amended 2-15-2005 by Ord. No. 30-2005]

(a) One-family townhome residence height requirement. The maximum building height for one-family dwelling and attached dwelling units shall be no more than 3 1/2 stories rising no more than 35 feet.

(b) Two-family residence height requirement. The maximum building height for two-family dwellings shall be no more than 3 1/2 stories rising no more than 35 feet.

(c) Senior citizen residence height requirement. The maximum building height for multifamily dwellings for senior citizens shall not exceed 70 feet in height from the average finished grade.

(d) The maximum height for non-senior-citizen multifamily dwellings shall be no more than 4 1/2 stories.

(4) Minimum yard setbacks. With regard to the minimum yard setback standards required for the PUD-AH Floating Zone, each applicant for development within an approved site which has met the aforementioned eligibility requirements will be required to submit an application to the Planning Board for site plan and/or subdivision review. The minimum standards will be established by the Planning Board, upon recommendation of the Commissioner of Development, at the time of such review.

[Amended 7-16-2002 by Ord. No. 139-2002]

(5) Density. Maximum density shall be 55 dwelling units per acre, provided that the development is planned as a planned unit development, allowing for recreation for senior housing on site, and for parking, buffering and open space on site.

[Amended 7-16-2002 by Ord. No. 139-2002]

(6) Occupancy restrictions. The PUD-AH Floating Zone shall be limited to occupancy of Affordable Housing, for income eligible persons or families according to federal income guidelines set forth by the U.S. Department of Housing and Urban Development (HUD) or any other requirements under the financing for the project (when the project is financed using government funding), as well any additional requirements set forth in a land disposition agreement (LDA) or contract of sale.

[Amended 7-16-2002 by Ord. No. 139-2002]

F. Review process. Application for development approval within a PUD-AH District shall follow a two-phase review process:

(1) Application for change of zone and approval before the City Council; and

(2) Application for site plan and/or subdivision approval by the Planning Board within the approved PUD-AH District.

G. Application process.

(1) Minimum project size, parking, frontages and maximum density and building heights are specified within this chapter. In reviewing any application for a PUD-AH zone development, the Planning Board shall be guided by standards set forth in these regulations and comparable uses and good planning practice to ensure that the resulting development shall be compatible with the surroundings and assure the stability of the uses proposed to be developed for the site.

[Amended 7-16-2002 by Ord. No. 139-2002]

(2) Prior to proceeding with any application for the establishment of a PUD-AH District, the applicant shall first submit an application to the Commissioner of Development, along with the following support materials for the Commissioner's recommendation to the City Council:

(a) A determination of the need to create new housing opportunities and types that will provide rental and home ownership opportunities to City residents of all ages for the development of affordable housing that is compatible with existing development and the character of the surrounding neighborhood, including the appropriateness of the subject site and utilization of the PUD-AH District to accomplish same.

(b) A written statement describing the basic concept of the proposed plan, the general reasons why the applicant believes that approval of its application would further the legislative intent, purposes and goals of PUD-AH zoning, including flexibility in design and layout, and any other supporting rationale.

(c) An outline map of the proposed PUD-AH District, indicating the current zoning, size and location of each parcel.

(d) A location map of the site in relation to the surrounding area showing all roads and key development features, including significant neighboring land uses and existing zoning district boundaries.

(e) An analysis of the estimated development potential (yield) based upon existing zoning compared with that of the proposed PUD-AH District.

(f) Lot sizes and dimensions, as well as structures, heights and locations for any PUD-AH Zone development arranged in conformity with the overall density standards listed within this chapter.

(g) A conceptual sketch plan map indicating the approximate quantity, nature and location of proposed land uses; the proposed open space system and its relationship to neighboring open spaces; the proposed principal means of access to the site and major elements of the site circulation system; the existing and proposed availability of mass transportation services, water supply and wastewater disposal.

(h) Topography, showing existing contours and elevations at two-foot intervals. The plan shall further indicate the certification by a licensed land surveyor or professional engineer or registered architect that the topography shown resulted from an actual survey prepared by a NYS licensed surveyor and the date of that survey.

(i) Street and road alignment, and the layout of proposed parking areas.

(j) Topographic elevation of proposed buildings.

(k) Draft declaration indicating use of the property for affordable housing

(3) The City Council shall refer all applications for PUD-AH zoning designation to the Planning Board for review and report.

(4) If the rezoning request is approved by the City Council, site plans and/or subdivisions shall be submitted to the Planning Board. Such plans shall be approved by the Planning Board in accordance with the Zoning Ordinance, prior to issuance of a building permit.

H. Supplemental development standards.

(1) An area or areas for recreational purposes shall be provided for senior citizen housing and shall be set aside exclusively for the use of occupants and their guests. These areas may include, but are not limited to community room(s), sitting areas and group game areas, active and passive recreation areas, tot lots, and community gardens on individual plots. Such areas shall be shown on the site plan and/or within the proposed buildings.

[Amended 7-16-2002 by Ord. No. 139-2002]

(2) Adequate facilities shall be provided for the removal of snow, trash and garbage and for the general maintenance of the development. When the method of disposing of trash and other solid wastes is by means of industrial-type receptacles (dumpsters), all such receptacles shall be located on permanent masonry platforms that shall be well distributed to serve the development. All receptacles shall be suitably enclosed on three sides by opaque screening or other treatment to be approved by the Planning Board in its site plan review.

(3) Artificial lighting of the grounds shall provide illumination sufficient for the convenience and safety of all residents. No outdoor light source shall be more than 15 feet above the ground level underneath it.

[Amended 7-16-2002 by Ord. No. 139-2002]

(4) The determination of appropriate screening, buffers and fencing in accordance with the Zoning Chapter shall be made by the Planning Board in its site plan review, based on the characteristics of the site and the nature of the adjacent lands.

(5) Parking areas shall be paved in accordance with the Zoning Chapter regulations. Sidewalks shall be provided along all internal and external street frontages. Internal roadways shall have a minimum width which is in accordance with the City's standards.

(6) The City Council shall have the right to require that the applicant or owner execute such agreements and covenants as it may deem to be required. Said agreements or covenants shall be recorded in the County Clerk's office and constitute a covenant running with the land. Such covenant or agreement may be modified or released only as set forth in said covenant or agreement or by the City Council. At a minimum a declaration of restrictive covenants for Affordable Housing shall be required to be recorded against the property.

§ 331-80.1 PWDE-5 Planned Waterfront Development Extension Floating Zone.

[Added 7-15-2003 by Ord. No. 169-2003]

See § 331-28D(4).

A. Purpose: to extend inland certain uses, which are allowed by special permit under existing planned waterfront development zoning, found to help facilitate or support appropriate waterfront development without significant adverse impacts to the surrounding neighborhood character.

B. Eligibility. The Planned Waterfront Development Extension Zoning (PWDE-5) District is hereby established as a mixed-use floating zone with potential application to any property which meets all the following eligibility requirements:

(1) The entire subject property must be located in a General Commercial Modified District (C-1M);

(2) A portion of the subject property is located within 1,000 feet of the perimeter of an existing PWD-5 Zoning District;

(3) The subject property is at least one acre in size.

C. Initiation. An owner of an eligible property or such other person as authorized by such owner may file a PWDE-5 rezoning application based on a proposed project. In addition to considering such voluntary application, the City Council may, on its own motion, rezone property to a PWDE-5 District. The City Council will be designated as lead agency for compliance with the requirements of § 8-0101 et seq. of the Environmental Conservation Law and the regulations promulgated thereunder by by the New York State Department of Environmental Conservation, which appear at 6 NYCRR Part 617 (the SEQRA regulations).

D. Procedure.

(1) An application to rezone eligible property to a PWDE-5 District shall be done by formal petition for amendment pursuant to Article XVII of this Zoning Code and the SEQRA regulations. Along with its petition for zoning change, the applicant shall submit a conceptual plan and an environmental assessment of the potential impacts associated with the proposed project to the satisfaction of the City Council, as lead agency, in accordance with the SEQRA regulations. At a minimum, this environmental evaluation shall include:

(a) A long environmental assessment form completed pursuant to the SEQRA regulations;

(b) A detailed traffic impact analysis;

(c) A detailed analysis of impacts on aesthetic resources, view sheds, and neighborhood character;

(d) A detailed analysis of impacts on critical environmental areas, particularly as related to water quality; and

(e) An analysis of how the proposed rezoning and proposed project will help facilitate or support potential or proposed waterfront development in the nearby area.

(2) An application for site plan approval shall be made to the Planning Board to develop any property the City Council rezones to PWDE-5.

E. PWDE-5 District use and bulk standards.

(1) The following uses shall be permitted in the PWDE-5 District as a combination of residential and nonresidential uses only:

(a) One-family attached and detached dwellings.

(b) Two-family dwellings.

(c) Multifamily dwellings.

(d) Retail sales and service establishments.

(e) Enclosed restaurant with outdoor dining, provided such outdoor dining is at least 50 feet from any residential lot in a residentially zoned district and is screened and/or fenced in a form acceptable to the Planning Board and in accordance with § 331-95 of the Zoning Code.

(f) Inn, bed-and-breakfast, hotel.

(g) Business, professional or government offices.

(h) Greenhouse, nursery, arboretum.

(i) Municipal uses.

(j) Martial arts studios, dance studios and aerobic exercise studios of not more than 2,500 square feet.

[Added 10-16-2012 by Ord. No. 171-2012]

(2) Permitted accessory uses:

(a) Uses and structures which are clearly incidental and customarily accessory to the permitted principal use on the lot on which they are located.

(3) Minimum property size and location.

(a) Minimum property size: one acre.

(b) Proximity to existing PWD-5: A portion of the parcel shall be at least 1,000 feet from the perimeter of an existing PWD-5 Zone.

(4) Dimensional requirements.

(a) The maximum building height is 35 feet; except that on a property which has grade changes, a building may be built up to five stories in height where the difference in elevation between the elevation of the highest existing sidewalk along the subject property and the highest point of the roof of such building, if the roof is flat or mansard, or the difference in elevation between such highest existing sidewalk and the mean elevation between the eaves and the highest point of the roof of such building, if the roof is of any other type, does not exceed 35 feet.

(b) The maximum permitted floor area ratio (FAR) is 1.0 for all residential and nonresidential uses combined.

(c) Minimum lot area per dwelling unit: 1,750 square feet.

(d) Maximum building coverage: 45%.

(e) Maximum impervious surface coverage: 90%.

(f) Other dimensionals shall be in accordance with the conceptual development plan submitted with the petition for rezoning and, if approved as to zoning, shall serve as the basis for site plan submittal to the Planning Board.

(5) Parking and loading requirements.

(a) Off-street parking and loading shall be provided in accordance with Article XIV of the Zoning Code.

(6) Other requirements of the District.

(a) The proposed development shall be designed to help facilitate or support potential or proposed mixed-use waterfront development within an existing PWD-5 District.

(b) The proposed development shall provide mixed residential and nonresidential uses reflecting eligible properties' transitional nature and their connection to potential or proposed waterfront development.

(c) That all structures, facilities, and public areas shall reflect a high-quality level of architectural expression and abundant landscaping shall be provided in order to achieve attractiveness, quality, and permanence.

(d) Building facade, landscape and public area design shall be compatible with existing community character, improve streetscapes, and promote pedestrian circulation to and from the waterfront.

(7) Sunset provision.

(a) Any property rezoned to PWDE-5 pursuant to this section shall automatically revert to the original C-1M Zoning District and shall comply with the permitted uses allowed in such C-1M District, if, after 30 months from the date of the rezoning, a certificate of occupancy has not been issued for a mixed-use development substantially in conformance with the conceptual proposed project plan approved with the rezoning. Notwithstanding the foregoing, if such mixed-use development is over 60% complete within this thirty-month period, and the developer provides sufficient evidence to the City Council that it can complete the mixed-use development and obtain a certificate of occupancy within an additional 12 months, the PWDE-5 Zoning shall not revert to the C-1M Zoning if such development is completed within such additional 12 months.

§ 331-80.2 (Reserved) [1]

[1] Editor’s Note: Former § 331-80.2, NB-Transit Oriented Floating District, added 4-20-2010 by Ord. No. 72-2010, was repealed 12-8-2015 by Ord. No. 233-2015.