Village of Thomaston, NY Office Building OB District

The Office Building OB District is enacted to develop effective use of the Northern Boulevard frontage through coordinated planning for development emphasizing a visually attractive, landscaped suburban office park environment, screened from village residential districts and effectively designed for motor vehicle access and circulation without creating undue hazards either for other vehicles and pedestrians in the district or for village residents.

In the Office Building OB District, the following regulations shall apply.

§ 203-62 Uses permitted.

[Amended 4-1-1985 by L.L. No. 6-1985; 10-16-1989 by L.L. No. 16-1989; 7-31-1990 by L.L. No. 6-1990; 11-27-1990 by L.L. No. 9-1990; 1-14-1991 by L.L. No. 1-1991; 3-1-1994 by L.L. No. 4-1994]

No building may be used, erected, altered or used and no lot or premises may be used except for one or more of the following purposes:

Bus passenger shelter.

Religious uses, with the permission of the Board of Trustees, subject to the provisions of this chapter.

Newspaper office.

Office building, bank or financial institution.

Public library, police station, fire station or municipal building.

With the permission of the Board of Trustees, a restaurant.

Scientific research laboratory, excluding manufacture of products for sale or any nuisance or hazardous processes.

Secretarial and business schools.

The following accessory uses, buildings or structures:

(1)

Customary accessory uses incidental to a permitted principal use on the same premises. Such accessory uses, other than parking, shall be conducted entirely within the principal structure and shall not exceed 50% of the area of the principal use.

(2)

Off-street parking, community or group garage or municipal parking facility. In no case shall any part of an accessory parking area or structure be used for storage, servicing, repair or dismantling of automobiles or other vehicles.[1]

[1]

Editor's Note: Former Subsections I(3) through I(6), Building identification wall signs, Building identification ground signs, Directional signs, and Sign lighting, respectively, which immediately followed this subsection, were repealed 11-26-1996 by L.L. No. 15-1996.

With the permission of the Board of Trustees, public utility company electric substations with transformers, regulators, switchgear, usual accessories and protective fencing, provided that the Board of Trustees may require such protective and decorative measures as may be appropriate, including screening and landscaping with trees, shrubs and similar plantings, and such other conditions as may be required to protect the public health, safety and welfare.

Educational uses, with the permission of the Board of Trustees, subject to the provisions of this chapter.

§ 203-63 Building height restrictions.

[Amended 7-14-1986 by L.L. No. 6-1986]

No building in the Office Building OB District shall exceed three occupied levels or stories or be more than 45 feet in height, except that elevator or stair bulkheads and mechanical equipment installed on the roof may project 10 feet in excess of the height of the top story of such building, provided that they are set back from the roof edge and screened from view in a manner approved by the Design Review Board, and further provided that they do not exceed 10% of the roof area.

§ 203-64 Second-story floor structures; off-street loading spaces.

Second-story floor structures shall have a clear headroom of not less than nine feet above grade at any point below such structure. All off-street truck loading spaces shall be located contiguous to or under the structure.

§ 203-65 Front yard setback requirements; screening and landscaping.

In the case of a property adjoining Northern Boulevard, there shall be a front yard of not less than 15 feet from the Northern Boulevard boundary. Landscaping shall be provided in such front yard as approved by the Planning Board. No building or structure, walkway or driveway shall be permitted in the front yard, except that pedestrian seating, pavement for entry walkways and for pedestrian use and access driveways to the street shall be permitted in the front yard, provided that the aggregate width of such driveways shall not exceed 20% of the lot width at the street line and in no event more than 35 feet.

[Amended 8-12-1985 by L.L. No. 9-1985; 6-26-1996 by L.L. No. 10-1996]

The front yard planting, walkways and pedestrian areas on the lot shall be screened from any adjacent accessory parking area on the lot by a pierced or solid masonry wall which is at least five feet in height above the adjacent parking area level and which shall be constructed and maintained of material and in a design which are similar and complementary to the materials and design of the main building on the lot or of such other materials or design as are approved in writing in advance by the Design Review Board. Such masonry wall may provide openings as are necessary for ingress to and egress from the accessory off-street parking on said property. At its discretion, the Design Review Board may permit, in lieu of the required five-foot-high masonry wall, a three-foot-high planter with a solid screen of evergreen shrubs not less than two feet higher than the top of the planter box.

[Amended 7-14-1986 by L.L. No. 6-1986]

Front landscaped areas shall be planted in accordance with Village of Thomaston specifications and the following general standards:

[Amended 7-14-1986 by L.L. No. 6-1986]

(1)

All plans for planting within the required parking areas shall be prepared and submitted by the licensed landscape architect or by any other individual or firm that is recognized by the Planning Board as being competent to prepare such plans. Approval of such plans is a requirement for site plan approval.

(2)

Street trees shall be provided for along all street fronts abutting the site.

§ 203-66 Rear yard requirements; screening, landscaping and use.

There shall be a rear yard of not less than 45 feet, the last 15 feet of which shall be devoted exclusively to landscape screening and a solid masonry wall. Said masonry wall shall have a height of not less than seven feet above the grade of the contiguous residentially zoned property and shall be located in the boundary line with such residentially zoned property. In general, the village requirements for the rear yard are:

[Amended 7-14-1986 by L.L. No. 6-1986]

(1)

Approval of the design and the finishing of the required rear masonry wall is a requirement for site plan approval.

(2)

Plans for the required landscape screening shall provide for trees and shrubs whose planned growth height and density will effectively act as a year-round planting buffer between the Office Building OB District and the residential district.

(3)

Plans for the required landscape screening shall be prepared by a licensed landscape architect or by any other individual or firm that is recognized by the Planning Board as being competent to prepare such plans. Approval of such plans is a requirement for site plan approval.

(4)

All planting and screen walls required by this section shall be maintained by the owner of the property. This shall include but not be limited to the replacement of trees and shrubs of whatsoever type which may die within the required planting area and/or the repair of required screen walls. The owner shall, within 30 days of the written order of the Building Inspector, replace any tree or shrub and/or repair any wall covered by this section.

The only permitted use of the rear yard provided for in Subsection A above shall be for:

[Amended 5-30-1995 by L.L. No. 4-1995]

(1)

Accessory off-street parking.

(2)

Required landscape screening and masonry wall.

(3)

Emergency ingress and egress facilities and ventilation equipment, provided that such facilities and equipment (other than any handrails required by law) do not project above grade at any point, and further provided that such facilities and equipment are screened or otherwise concealed by such landscaping or other similar plantings as are required by the Code Official.

§ 203-67 Side yard requirements.

[Amended 2-11-1985 by L.L. No. 4-1985]

Side yards shall be required from both side property lines in an aggregate of not less than 16 feet, with neither side yard being less than eight feet. Notwithstanding the foregoing, whenever a side yard of a lot wholly or partially located in the Office Building OB District shall abut another lot in a residence or apartment zoning district, such side yard shall be not less than 15 feet, and the last 15 feet next to such abutting residence or apartment zoned lot shall be devoted exclusively to landscape screening and a solid masonry wall, both of which conform to the requirements of § 203-66A of this chapter for such landscaping, screening and masonry wall.

§ 203-68 Minimum lot width.

The minimum lot width shall be 75 feet measured at the front lot street line.

§ 203-69 Buildings to front on Northern Boulevard; corner lot setback, landscaping and screening.

All buildings in this district shall front on Northern Boulevard. On corner lots, the setback off the secondary side street shall not be less than 15 feet and shall be landscaped in accordance with specifications of the Village of Thomaston. No vehicle entrance or exit shall be permitted on or off the secondary street or through the secondary street setback.

On a corner lot or a lot with a boundary which is on the street line of a road other than Northern Boulevard, the setback yard area off such road shall be screened from any adjacent parking area on the lot by a solid masonry wall which is at least five feet in height above the grade level, constructed and maintained of materials and in a design which is similar and complementary to the materials and design of the main building on the lot unless otherwise provided by the Design Review Board in the same manner as for the masonry wall required under § 203-65 of this Article.

§ 203-70 Underground off-street parking structures.

[Amended 4-1-1985 by L.L. No. 5-1985]

On a lot in the Office Building OB District, accessory off-street underground parking structures may project above the adjacent grade, provided that such above-grade projection does not intrude into any required front yard, nor into any required planting or landscape area; nor shall such projection when facing any street front be higher than three feet above the mean grade established by the average of the grades at each end of the frontage on such street; nor shall the length of such projection exceed 20% of the total length of the building along such street front. Notwithstanding the definition of "yard," the partially underground parking structure may intrude above grade into the required side and rear yards, provided that the roof deck of the garage structure is not higher than seven feet above the grade of any contiguous property. If the parking structure is totally below grade, it may extend to all property lines, provided that a minimum depth of 2 1/2 feet of earth for planting exists over such a structure within the required landscaped or planting area. In no case shall any part of the parking structure extend beyond the Office Building OB District boundary line into any other district.

§ 203-70.1 Incentive uses for property located partially in OB District and partially in adjoining residential district.

[Added 4-10-2006 by L.L. No. 2-2006[1]]

With an incentive use permit from the Board of Trustees, a property predominantly in the OB District and partially in a residential district, having an area of at least one acre and having street frontage of at least 180 feet on Northern Boulevard, may be used and developed pursuant to an incentive use permit granted by the Board of Trustees, pursuant to Village Law § 7-703, in accordance with the terms and conditions of this section.

An applicant for an incentive use permit pursuant to this section shall provide to the Board, in addition to any other information customarily required in applications to the Board of Trustees or Board of Appeals for special use permits, a master plan for the entire site where such use or facility is proposed, including a landscaping plan.

A building or lot used or developed as authorized by an incentive zoning permit granted pursuant to this section shall not be used for any use other than that authorized in the incentive use permit.

Notwithstanding any other provision of this chapter to the contrary, and notwithstanding any authority vested in any other board of the Village, an incentive use authorized pursuant to this section shall conform in all respects to the regulations applicable to uses in the Office Building OB District, except that in granting an incentive use permit for such use, the Board of Trustees may permit the use or development of the subject property in a manner other than as provided in such regulations, and subject to such conditions as may be determined by the Board of Trustees, with respect to the following incentives:

(1)

Underground parking may be permitted on such property, whether the portion of the property where such parking is located is in the OB District or an adjoining residential district;

(2)

The OB District use of the property may be permitted on the residentially zoned portion of the property;

(3)

Approval of design plans (including proposed structures, paving, parking areas, landscaping, screening, and other features which may be required by the Board of Trustees) by the Board of Trustees, in the place and stead of any such approval otherwise required from any other Village board;

(4)

Waiver, in whole or in part, of requirements for masonry walls or screening, pursuant to Code § 203-65;

(5)

Waiver, in whole or in part, of requirements for masonry walls, screening, or landscaping, pursuant to Code § 203-66;

(6)

Waiver, in whole or in part, of requirements for masonry walls, screening, or landscaping, pursuant to Code § 203-67;

(7)

Waiver, in whole or in part, of the location of vehicular entrances or exits on secondary streets, as provided in Code § 203-69;

(8)

Permission to locate parking, or paving, and associated improvements, in a rear yard on or below grade, in a residential district;

(9)

The grant of any other necessary approval by the Board of Trustees, in the place and stead of any other Village board from which such approval may otherwise be required, unless the Board of Trustees shall determine that such other board approval is required. In the discretion of the Board of Trustees, where a recommendation is required from any other Village board as a precedent to any Board of Trustees approval, the Board of Trustees may waive the requirement for such recommendation.

Provisions for public amenities. An applicant for an incentive use permit pursuant to this section shall include in any such application a plan or proposal for the provision of community amenities, including facilities for public use, and whether by transfer, gift, lease, easement or otherwise, to the extent that the same may be acceptable to the Board of Trustees and feasible and adequate, or, in the alternative, by payment of a sum to be determined by the Board of Trustees in lieu of such community amenities, pursuant to Village Law § 7-703. The determination whether any such plan is acceptable, feasible, adequate, or in a form acceptable to the Village shall rest in the sole and unfettered discretion of the Board of Trustees.

In connection with the grant of an application under this section, the Board of Trustees may impose any additional terms and conditions which it finds necessary and appropriate to protect the public health, safety and general welfare.

Public hearing. No incentive use permit shall be granted pursuant to this section except after a public hearing before the Board of Trustees. The said public hearing shall be held and conducted in the same manner as if it were a public hearing on an application to the Board of Appeals for a use variance, but the determination whether to grant an incentive zoning permit shall be in the sole discretion of the Board of Trustees.

Costs. As required by Village Law § 7-703, Subdivision 3c, any applicant who applies for an incentive use permit pursuant to this section within five years after the approval of any other incentive use permit pursuant to this section shall pay to the Village a proportionate share of the cost of any generic environmental impact statement and other studies prepared in connection with the enactment of this section or in the authorization of any incentive use permit issued pursuant to this section within the five-year period immediately prior to such application. Said costs shall be added to any other site-specific charges authorized to be imposed on said applicant for environmental studies and review. These costs shall be apportioned among applicants according to the number of applicants required to share in such costs. Monies paid by a prior applicant shall be proportionately reimbursed in the event of a subsequent applicant who may be responsible for, and pays, a portion of these costs.

The determination by the Board of Trustees whether to grant an application for an incentive use permit pursuant to this section shall be in the sole discretion of the Board of Trustees. No person or entity shall have any right to such a permit under any circumstances unless and until such a permit is approved by the Board of Trustees. Any such approval by the Board of Trustees may be granted upon reasonable conditions.

[1]

Editor's Note: This local law stated that it would expire five months after its effective date but that its provisions would remain in effect for applications filed before said date and thereafter approved.

§ 203-70.2 Incentive uses for property located in OB District.

[Added 11-21-2016 by L.L. No. 2-2016[1]]

With an incentive use permit from the Board of Trustees, a property in the OB District, having an area of at least 1/2 acre and having street frontage of at least 200 feet on Northern Boulevard, may be used and developed pursuant to an incentive use permit granted by the Board of Trustees, pursuant to Village Law § 7-703 and in accordance with the terms and conditions of this section.

A building or lot used or developed as authorized by an incentive zoning permit granted pursuant to this section shall not be used for any use other than that use authorized in the incentive use permit.

Notwithstanding any other provision of this chapter to the contrary, and notwithstanding any authority vested in any other board of the Village, an incentive use authorized pursuant to this section shall conform in all respects to the regulations applicable to uses in the Office Building OB District, except as otherwise authorized in an incentive use permit granted pursuant to this section. In approving an incentive use permit pursuant to this section, the Board of Trustees may grant incentives for the use and development of the subject property and authorize the use or development of the subject property in a manner other than as provided in such regulations, and subject to such conditions as may be determined by the Board of Trustees in approving an incentive use permit, in the following respects:

(1)

Permission to use the property for the retail sale of new and used automobiles;

(2)

Approval of design plans (including proposed structures, paving, parking areas, landscaping, screening, signage as set forth in Code Article XIIA, and other features which may be required by the Board of Trustees) by the Board of Trustees, in the place and stead of any such approval otherwise required from any other Village board;

(3)

Waiver, in whole or in part, of requirements for masonry walls or screening, and the limitation on driveway widths pursuant to Code § 203-65;

(4)

Waiver, in whole or in part, of the setback and screening requirements pursuant to Code § 203-66A when the rear yard abuts property that is not being used for residential purposes;

(5)

Waiver, in whole or in part, of the setback requirements from secondary side streets, and the landscaping and location of the solid masonry wall screening requirements, as provided in Code § 203-69;

(6)

Permission to locate parking, or paving, and associated improvements, in a rear yard;

(7)

The grant of any other necessary approval by the Board of Trustees, in the place and stead of any approval otherwise required from any other Village board, unless the Board of Trustees shall determine that such other board approval is required. In the sole discretion of the Board of Trustees, where a recommendation is required from any other Village board as a condition precedent to any Board of Trustees approval, the Board of Trustees may waive the requirement for such recommendation.

Hearing. No incentive use permit shall be granted pursuant to this section except after a public hearing before the Board of Trustees. The said public hearing shall be held and conducted in the same manner as if it were a public hearing on an application to the Board of Appeals for a use variance, but the determination whether to grant an incentive zoning permit shall be in the sole discretion of the Board of Trustees.

Fees and reimbursements. An applicant for an incentive use permit pursuant to this section shall be required to pay an application fee in an amount as may be determined by the Board of Trustees by resolution. In addition to such application fee, the applicant shall be required to deposit funds sufficient to reimburse the Village's expenses for engineering, environmental, planning, and other professional services reasonably required for review of the application (including reasonable attorneys' fees), the costs of mailing and publishing legal notices, and stenographic expenses for public hearings. Any such deposit shall be replenished by the applicant from time to time upon written request from the Village Clerk in such manner as to maintain a specified balance in such fund. In the event the applicant fails to maintain any required balance, the Village shall not be obligated to process the application further until such time as the required balance is restored. Upon the conclusion of the application or review process by final determination, or by withdrawal of the application, any remaining balance in such fund after payment of all such expenses shall be refunded to the applicant upon written request.

[1]

Editor's Note: This local law stated that it would expire five months after its effective date but that its provisions would remain in effect for applications filed before said expiration date and thereafter approved and/or amended by the Board of Trustees.

§ 203-70.3 Additional incentive uses for property located in the OB District.

[Added 5-14-2018 by L.L. No. 1-2018][1]

Notwithstanding any other provision of this chapter to the contrary, and notwithstanding any authority vested in any other board of the Village, an incentive use authorized pursuant to this section shall conform in all respects to the regulations applicable to uses in the Office Building OB District, except as otherwise authorized in an incentive use permit granted pursuant to this section. In approving an incentive use permit pursuant to this section, the Board of Trustees may grant incentives for the use and development of the subject property and authorize the use or development of the subject property in a manner other than as provided in such regulations, and subject to such conditions as may be determined by the Board of Trustees in approving an incentive use permit, in the following respects:

(1)

Permission to use the property for the sale and service of new and used (preowned) automobiles;

(2)

Approval of design plans (including proposed structures, paving, parking areas, landscaping, screening, signage as set forth in Article XIIA of this chapter, and other features which may be required by the Board of Trustees) by the Board of Trustees, in the place and stead of any such approval otherwise required from any other Village board;

(3)

Waiver, in whole or in part, of the setback, screening and masonry wall requirements pursuant to Code § 203-66A when the rear yard abuts property that is not being used for residential purposes;

(4)

Waiver, in whole or in part, of requirements for side yard requirements pursuant to Code § 203-67;

(5)

Waiver, in whole or in part, of the setback requirements from secondary sides streets, and the landscaping and location of the solid masonry wall screening requirements, as provided in Code § 203-69;

(6)

Permission to locate parking, or paving, and associated improvements, in a rear yard;

(7)

Provisions for public amenities. An applicant for an incentive use permit pursuant to this section shall include in any such application a plan or proposal for the provision of community amenities, including facilities for public use, and whether by transfer, gift, lease, easement or otherwise, to the extent that the same may be acceptable to the Board of Trustees and feasible and adequate, or, in the alternative, by payment of a sum to be determined by the Board of Trustees in lieu of such community amenities, pursuant to New York Village Law § 7-703. The determination of whether any such plan is acceptable, feasible, adequate, or in a form acceptable to the Village shall rest in the sole and unfettered discretion of the Board of Trustees. The Board of Trustees shall have authority to require other or different community amenities or payment in lieu thereof, as it may deem appropriate and as permitted by law.

Hearing. No incentive use permit shall be granted pursuant to this section except after a public hearing before the Board of Trustees. The said public hearing shall be held and conducted in the same procedural manner as if it were a public hearing on an application to the Board of Appeals for a use variance, but the determination of whether to grant an incentive zoning permit shall be in the sole discretion of the Board of Trustees.

Costs. As required by New York Village Law § 7-703, Subdivision 3c, any applicant who applies for an incentive use permit pursuant to this section within five years after the approval of any other incentive use permit pursuant to this section shall pay to the Village a proportionate share of the cost of any generic environmental impact statement and other studies prepared in connection with the enactment of this section or in the authorization of any incentive use permit issued pursuant to this section within the five-year period immediately prior to such application. Said costs shall be added to any other site-specific charges authorized to be imposed on said applicant for environmental studies and review. These costs shall be apportioned among applicants according to the number of applicants required to share in such costs. Monies paid by a prior applicant shall be proportionately reimbursed in the event of a subsequent applicant who may be responsible for, and pays, a portion of these costs.

The determination by the Board of Trustees of whether to grant an application for an incentive use permit pursuant to this section shall be in the sole discretion of the Board of Trustees. No person or entity shall have any right to such a permit under any circumstances unless and until such a permit is approved by the Board of Trustees. Any such approval by the Board of Trustees may be granted upon reasonable conditions as may be determined by the Board of Trustees.

[1]

Editor's Note: Section 2 of this local law provided that: "This local law shall take effect immediately upon adoption and filing pursuant to the Municipal Home Rule Law, and shall expire five months after its effective date. Notwithstanding the expiration of this law, the provisions of this law shall remain in effect with respect to any application for an incentive zoning permit duly filed on or before such expiration date, and the Board of Trustees shall retain jurisdiction pursuant to this law to approve any such application, or thereafter to amend any approval of such application, pursuant to the procedures and other provisions stated in this local law."