The following use and bulk regulations list
and define the use of land and buildings, the density of development,
the height of buildings, the yards and other open spaces to be provided
contiguous to or in connection with buildings, the area of lots, off-street
parking and loading spaces and other matters for the districts established
by this chapter in areas being redeveloped as part of an approved
urban renewal project for the Town. It is the intention that these
standards shall be applied to proposals submitted to the Town for
approval as conditions of reuse of urban renewal land under appropriate
covenants of sale of said land to designated sponsors. In the event
that any provision of this article shall be inconsistent or conflict
with the other provisions of this chapter, the provisions of this
article shall prevail and be complied with. All other regulations
contained in this chapter shall be complied with.
A.
R-3A Residential Medium-Density (within CBD) District.
Permitted land uses designated "residential medium-density" shall
be for housing units, including townhouses and/or garden apartments,
along with accessory uses such as pedestrian walkways, small play
lots, landscaping and off-street parking and loading facilities necessary
to serve the proposed new uses. Also permitted in such designated
areas shall be residential uses as they presently exist within areas
delineated as not to be acquired, subject to meeting the requirements
of the minimum property rehabilitation standards contained herein.
B.
C-2A Commercial (within CBD) District. Permitted land
uses designated "commercial" shall be retail sales, personal or business
service establishments, professional or business offices, restaurants
and other places serving food or drink, theaters, banks and gasoline
service stations (except that no major body or motor repair operations
will be permitted). Also permitted in such designated areas shall
be commercial and mixed uses of commercial and residential as they
presently exist within areas delineated as not to be acquired and
subject to meeting the requirements of the minimum property rehabilitation
standards contained herein.
(1)
In areas proposed for new development and designated
commercial, residential uses shall not be permitted. In the event
that new development shall take place on not-to-be-acquired land within
areas designated commercial, residential uses shall also not be permitted.
Landscaping and off-street parking and loading facilities shall be
permitted as necessary to serve proposed and remaining existing uses.
In specific areas where new development is restricted due to parcel
size or location, a primary use for off-street parking shall be permitted
as specified by the local public agency.
(2)
In addition, public and semipublic facilities shall
be permitted in such designated areas to supplement the proposed new
uses and provide for the Town's civic and governmental needs. Such
uses shall include, but not be limited to, off-street parking, pedestrian
plazas or malls, a library, offices and other public or semipublic
organizations.
C.
C-3A Heavy Commercial (within CBD) District. Permitted
land uses designated "heavy commercial" shall be heavy commercial
and light-industrial uses, including auto repair, manufacturing, auto
sales, trucking, wholesaling, supply businesses dealing with garden
materials, building materials, plumbing, electrical, etc., uses and
other related uses. Also permitted shall be accessory uses such as
landscaping and off-street parking and loading facilities necessary
to serve the proposed new uses.
D.
Public park and/or open space. Permitted land uses
designated "public park" and/or "open space" shall be parks or open
landscaped areas with trees, shrubs, ground cover, pedestrian walks,
benches and other appurtenant furniture or accessories to serve the
Town center. Also permitted shall be a landscaped strip of land to
provide the required right-of-way for a proposed state highway which
will bisect the project area.
E.
Prohibited land uses. No land or buildings within
reuse areas shall be used for hotels, motels or other such housing
for transient use.
F.
Mixed uses C-2A-R (within CBD) District. Permitted
land uses designated "mixed uses" shall be retail sales, personal
or business service establishments, professional or business offices
and banks, restaurants or other places serving food are permitted
except only in structures not including dwelling units.
[Added 7-20-1982 by L.L. 9-1982]
A.
Residential, medium-density. The following regulations
shall apply to any reuse parcel designated "residential" on Map No.
2, Land Use Map:
(1)
Land coverage. The maximum coverage of land by buildings
shall not exceed 30% of the site area.
(2)
Building height. The maximum building height shall
not exceed 3 1/2 stories or 35 feet.
(3)
Building setback. The minimum setback of buildings
from public rights-of-way shall be 30 feet. Attached buildings shall
have a minimum of a thirty-foot setback from side and rear property
lines. Semidetached or detached buildings shall have a minimum of
a twenty-foot setback from side and rear property lines. For sites
abutting the landscaped strip of open space reserved for the proposed
state highway, the minimum setback of buildings regardless of their
orientation on the site shall be 30 feet from the limits of the open
space.
(4)
Density. The maximum permitted density shall not exceed
20 dwelling units per acre.
B.
Commercial.
(1)
The following regulations shall apply to any reuse
parcel designated "commercial" on Map No. 2, Land Use Map:
(a)
Land coverage. The maximum coverage of land
by buildings shall not exceed 40% of the site area.
(b)
Building height. The maximum building height
shall not exceed three stories or 36 feet.
(c)
Building setback. The minimum setback of buildings
from public rights-of-way shall be 10 feet. In the case of new buildings
to be constructed adjacent to existing not-to-be-acquired buildings,
the required setback from right-of-way lines in common to both shall
not be in excess of the existing buildings within 25 feet of the proposed
building on each side thereof. For sites abutting the proposed state
highway, the minimum setback of buildings, regardless of their orientation
on the site, shall be 50 feet from the limits of the highway right-of-way.
No side setbacks from abutting properties shall be required. If a
side yard is proposed, there shall be required a minimum of 10 feet
for open space, 17 feet for one-way vehicular access and 25 feet for
two-way vehicular access.
(2)
The regulations of land coverage, building height
and building setbacks shall not apply to existing buildings on not-to-be-acquired
land. If new development is to occur on not-to-be-acquired property,
then the above-mentioned regulations shall be required as set forth
above.
C.
Public and semipublic. The following regulations shall
apply to any reuse parcels designated "commercial" and developed for
public and semipublic use on Map No. 2, Land Use Map:
(1)
Land coverage. The maximum coverage of land by buildings
shall not exceed 40% of the site area.
(2)
Building height. The maximum building height shall
not exceed three stories or 35 feet.
(3)
Building setback. The minimum setback of buildings
from public rights-of-way shall be 10 feet. In the case of new buildings
to be constructed adjacent to existing not-to-be-acquired buildings,
the required setback from right-of-way lines in common to both shall
not be in excess of the existing buildings within 25 feet of the proposed
building on each side thereof.
D.
Heavy commercial. The following regulations shall
apply to any reuse parcel designated "heavy commercial" on Map No.
2, Land Use Map:
(1)
Land coverage. The maximum coverage of land by buildings
shall not exceed 50% of the site area.
(2)
Building height. The maximum building height shall
not exceed three stories or 35 feet.
(3)
Building setbacks. The minimum setback of buildings
from public rights-of-way shall be 15 feet. Side yards shall not be
required, but, if provided, shall be 10 feet; if used for vehicular
access, side yards shall be 25 feet. Minimum rear yard shall be 30
feet; if adjoining residential use with less than a ten-foot difference
in elevation, side yards shall be shall be 50 feet.
E.
Mixed uses. The following regulations shall apply
to any reuse parcel designated "mixed use":
[Added 7-20-1982 by L.L. No. 9-1982]
(1)
Land coverage. The maximum coverage of land shall
not exceed 30% of the site area.
(2)
Building height. The maximum building height shall
not exceed 3 1/2 stories or 35 feet.
(3)
Building setback. The minimum setback for the portion
of a building or buildings, including dwelling units from public rights-of-way,
shall be 30 feet for all other buildings 10 feet. If dwelling units
are located on upper floors only, the setback can be reduced to 20
feet. The minimum side and rear yard for the portion of a building
or buildings, including dwelling units, shall be 20 feet. For all
other buildings, no side yard is required, and the rear yard shall
be 20 feet. If a side yard is proposed, it shall be a minimum of 10
feet for open space, 17 feet for one-way vehicles access and 25 feet
for two-way vehicular access. The distances between detached buildings
on the site will be established during the site and building plan
review.
(4)
Density. The maximum permitted density shall not exceed
12 units/acre.
(5)
Floor area ratio. Floor-area ratio shall not exceed
0.4.
(6)
Upon findings by the Board that a site plan submitted, including the architectural treatment of the buildings, building location, parking layout, provisions for developed usable open space, parking egress and ingress will achieve a development that is consistent with the goals of the Urban Renewal Project and the CBD Beautification Plan and that said plan is harmonious with the existing and proposed development in the surrounding area, the Board may approve a mixed use site plan with building setbacks that are less than as stated in Subsection E(3) of this section.
[Added 3-15-1983 by L.L. No. 6-1983]
A.
Off-street parking requirements for new and existing
development shall be as follows:
|
Type of Use
|
Required Number of Spaces
| ||
|---|---|---|---|
|
Medium-density residential
| |||
|
Townhouse, garden apartment
|
1 1/2 for each dwelling unit, located on
the same lot or parcel of land as the building they are intended to
serve
| ||
|
Commercial
| |||
|
Retail sales, personal or business service establishments
|
1 for each 200 square feet of gross floor area
| ||
|
Professional office
|
2 for each office or 1 for each 400 square feet
of gross floor area, whichever is greater
| ||
|
Restaurant
|
1 for each 100 square feet of floor area devoted
to patron use
| ||
|
Auditoriums, assembly halls, theaters or other
places of public assembly
|
1 for every 5 seats
| ||
|
All other permitted uses (including public and
semipublic uses)
|
To be determined in each case by the Planning
Board and the local public agency, which shall consider all factors
entering into the parking needs of each such use
| ||
|
(NOTE: The location of off-street parking facilities
may be on any part of the same lot or parcel as the building they
are intended to serve or on another lot which shall be within 350
feet of the building they are intended to serve, measured between
the nearest point of the off-street parking facility and the nearest
point of the building.)
| |||
|
Heavy commercial
| |||
|
Wholesale, trucking, manufacturing, storage,
utility or commercial use
|
1 for every 2 employees, but in no case fewer
than 3
| ||
|
Garage or automobile repair
|
At least 10, in addition to 1 for every 2 employees
per shift
| ||
|
(NOTE: Each required parking space shall have
a minimum of 350 square feet of unobstructed net standing, maneuvering
and access area. Access to parking areas shall be limited to several
well-defined locations, and in no case shall there be unrestricted
access along the length of a street. Exits and entrances from surrounding
streets shall be not less than 100 feet from any street intersection.
Parking areas shall be adequately drained and paved with an all-weather,
dust-free surface. Lighting used to illuminate parking areas shall
be arranged so as to reflect light away from any adjoining parcel.
Open parking areas for more than five cars shall be landscaped with
trees and shrubs provided along the boundaries of such areas.)
| |||
|
Mixed use district
[Added 7-20-1982 by L.L. No. 9-1982] | |||
|
Residential
|
1 for each dwelling unit
| ||
|
Commercial
|
1 for each 200 square feet of gross floor area
| ||
|
Offices
|
2 for each office or 1 for each 400 square feet
of office use
| ||
|
Restaurant
|
1 for each 100 square feet of floor area devoted
to patron use
| ||
B.
The above parking requirements may be varied by the
Zoning Board of Appeals upon a hearing on notice to interested parties.
The Zoning Board of Appeals may vary the parking requirement upon
the following findings. That the proposed and existing uses are such
that:
[Added 6-15-1999 by L.L. No. 8-1999]
(1)
There will be no adverse impacts to the surrounding
community or business.
(2)
Due to the peak hours of operation for businesses
or uses on the site, available parking will be available for the existing
or proposed uses.
(3)
Parking is available for actual uses on sites adjacent
to or proximate to the buildings and uses to be served.
(4)
A finding that the site uses may accommodate the requested
variance from the parking requirements.
|
[NOTE: This section is intended to provide for
changes in uses on a developed site from those uses requiring less
parking to uses requiring additional parking, i.e., from professional
office to commercial retail sales, or restaurant use, without requiring
the installation of additional parking, so long as there is a finding
that the site can accommodate the change in use without a substantial
impact on the surrounding community or businesses. In this regard,
the Zoning Board of Appeals shall make the above findings and those
required under Town Law § 267-b, Subdivision 3, Paragraph
(b)(1) through (4)]
|
Off-street loading requirements for new and
existing development shall be as follows:
|
Type of Use
|
Required Number of Loading Berths
| |
|---|---|---|
|
Medium-density residential
| ||
|
Townhouse, garden apartments
|
1 for each complex of buildings
| |
|
Public and semipublic commercial
| ||
|
5,000 to 25,0000 square feet of floor area
|
1
| |
|
25,001 to 50,000 square feet of floor area
|
2
| |
|
Each additional 35,000 square feet or fraction
thereof
|
1 additional
| |
|
Heavy commercial
| ||
|
5,000 to 15,000 square feet of floor area
|
1
| |
|
15,001 to 40,000 square feet of floor area
|
2
| |
|
Each additional 40,000 square feet or fraction
thereof
|
1 additional
| |
A.
All commercial and heavy commercial establishments
with less than 5,000 square feet of floor area shall have access to
and be serviced by an off-street loading area which may be used in
common with the other establishments, with off-street loading berths
required in number taken collectively as set forth in the schedule
above.
B.
Access to loading berths shall be only from a service
drive and shall be provided in a manner to eliminate interference
with public use of sidewalks and streets by vehicles loading or unloading.
Each loading berth shall be not less than 10 feet in width, 35 feet
in length and 14 feet in height. Loading areas shall be adequately
drained and paved with an all-weather, dust-free surface and provided
with adequate buffering and appurtenant landscaping. Lights used to
illuminate loading areas shall be arranged so as to reflect light
away from adjoining parcels.
