[Added 3-20-1990 by L.L. No. 4-1990]
A. 
It is found and determined that there exist certain sites in the Town of Yorktown that, due to their location between incompatible land uses, such as single-family residential and commercial or industrial uses, or due to their location between major traffic routes and single-family residential uses, these parcels are not viably developable under their current zoning designation. In particular, the majority of these sites seemed to be located in the Route 6 corridor where the Town has zoned so as to avoid a continuous commercial strip by retaining single-family or two-family zoning designations as a direct buffer to the existing commercial uses and Route 6.
B. 
As a result of the foregoing, many of the parcels along the Route 6 corridor have made requests for rezoning, which for the most part have been denied due to the lack of appropriate zoning classifications to meet the needs of the Town and the landowner.
C. 
Therefore, there is a need for a zoning designation for the optimal use of these buffer or borderline properties. Such a zoning classification should allow for the viable development of these sites while maintaining the buffer-like qualities of these sites.
D. 
It is the intent of the Town of Yorktown to create herein a new transitional zoning district to be applied to properties situated as outlined above and or other properties within the Town of Yorktown of similar characteristics (hereinafter "targeted properties").
E. 
It is intended to provide a zoning district that gives the Town Board the maximum flexibility to rezone a targeted property to a use that is compatible with the surrounding existing uses while allowing for viable development.
F. 
It is recognized that most sites that may be targeted properties have varying and distinct characteristics and are surrounded by varied uses. Therefore, each site must be considered on its own merits.
G. 
It is therefore intended to create a zoning designation that would allow development of the property for uses compatible with the surrounding uses and to a degree of intensity that is compatible with the surrounding uses. This section shall allow for mixed uses (i.e., residential/commercial; residential/professional), in addition to specified uses.
A site, in order to qualify as a targeted property for transitional zoning designation, must comply with the following:
A. 
The site must lie between two distinctly different zoning classifications (e.g., single-family residential and commercial/manufacturing/light industrial), or act as a buffer between residential uses and a major environmental nuisance (e.g., a major traffic route). Sites situated between different commercial zones or residential zones (e.g., between an R-1 and an R-3 or C-2 and C-3) do not qualify as a targeted property.
B. 
There must be a showing that development of the site is not practical under its current zoning designation and/or that its present zoning is incompatible with the surrounding uses. There must be a finding of the same made at the time of rezoning and articulated in any resolution to rezone a targeted property.
A. 
Required submittals. Submitted with the application to rezone shall be the following:
(1) 
A conceptual site plan in sufficient detail to determine the appropriate locations and grading of all existing and proposed buildings, roads, parking access and drives, recreation areas and facilities and major landscaping;
(2) 
An appropriate State Environmental Quality Review Act form; and
(3) 
A narrative report and supporting documentation showing the surrounding area uses, the viability of development under the existing zoning classification, alternative development schemes under the surrounding existing zoning designations, alternative types of development for the site and a detailed account of the uses intended under the submitted site plan, both short-term and long-term.
B. 
Required referrals. The Town Board, upon receipt of the above, shall refer the application to rezone to the Planning Board, Planning Department, Town Engineer, Town Building Inspector and Town Attorney.
C. 
Planning Board review. Upon receipt of the above, the Planning Board shall review the above-described site plan and make specific recommendations as to approval with conditions or denial of the transitional zone request made to the Town Board. Further, recommendations shall be made concerning uses, density, setbacks, area and bulk requirements to be adopted for the targeted property.
D. 
Public hearing. Upon receipt of the Planning Board's recommendations and the various reports from the intramunicipal and intermunicipal referrals, the Town Board shall set the request for rezoning for a public hearing in accordance with the rules of the Town Code.
E. 
Authority of Town Board. The Town Board may deny, modify and approve, approve or approve with conditions the request for a transitional zone designation. The conditions of the rezoning shall run with the land for so long as the transitional zoning designation remains in effect. In approving a rezoning request or approving a request with modification or conditions, the Town Board shall make findings that the following criteria have been met:
(1) 
The use of the site is compatible with the officially adopted Town Master Plan.[1]
[1]
Editor's Note: Said Plan is on file in the Town offices.
(2) 
The use of the site is compatible with all adjacent land uses and will not adversely affect the continued use of adjacent properties as presently zoned.
(3) 
The use is compatible with the environmental constraint of the site.
(4) 
The use of the site cannot be accommodated by the existing zoning or by an existing zoning classification.
(5) 
The targeted site is not economically developable under the existing zoning designation.
(6) 
Where the targeted site is abutting two distinctly different zoning districts, the intensity of use of the site and/or the planned density will not exceed the standards of use of the less restrictively zoned abutting site.
(7) 
Where the targeted site is abutting a major traffic route and buffers residential uses, the intensity of use of the site and/or the planned density will not exceed the standards of use of the most restrictive nonresidential zoning district as exists under this Code which otherwise could be applied to the site.