Article V Special Procedures and Standards

The application for a zoning permit for a conditional use shall be on a form provided by the Building Inspector/Code Enforcement Officer. The Building Inspector/Code Enforcement Officer shall determine the completeness of any application made under this section and shall notify the applicant within 10 days of the date of submission if such application is incomplete or deficient in any way, and shall further specify the deficiencies.

The Joint Zoning Board of Appeals/Planning Commission shall consider the application and render its decision within 45 days of the date of submission of a complete application if no public hearing is held; or, alternatively, schedule and hold a public hearing within 45 days of the date of submission and render its decision within 45 days of the date of the hearing. These respective time frames may be extended only by mutual written agreement between the applicant and the Joint Zoning Board of Appeals/Planning Commission. A public hearing shall be at the option of the Joint Zoning Board of Appeals/Planning Commission.

Notification of the Joint Zoning Board of Appeals/Planning Commission's decision to authorize or deny the permit and the reasons therefor, will be given in writing to the Building Inspector/Code Enforcement Officer, the City Clerk and the applicant within five days of the decision.

Notification shall also be sent to the county clerk for filing with the property deed.

Upon a rezoning of any district in which a conditional use permit has been authorized, the said conditional use permit shall become a nonconforming use, subject nevertheless to the conditions imposed thereon and shall thereafter be subject to the regulations applicable to a nonconforming use.

(6)

All applications for a conditional use permit must have the signature of the owner of the subject property.

Standards. Conditional uses to be considered by the Joint Zoning Board of Appeals/Planning Commission are listed in the Zoning Schedule.

[Amended 4-18-2006 by Ord. No. 06-01; 2-17-2009 by Ord. No. 09-02; 5-5-2009 by Ord. No. 09-03; 11-8-2017 by L.L. No. 5-2017]

Unless varied in this section, the following standards will guide the Joint Zoning Board of Appeals/Planning Commission in its review of conditional use applications.

Location, size of use and structure, nature and intensity of operations involved, size of site in relation to it, and location of site with respect to streets giving access to it will be in harmony with the orderly development of the district.

Location, nature, and height of buildings, walls, and fences will not discourage the appropriate development and use of adjacent land and buildings, or impair their value.

Operations of conditional use shall not be more objectionable to nearby properties than will be operations of any permitted standard use.

Adequate combination of public and private parking is provided.

There will be no emission of noxious odors, gases or smoke.

Residential uses, including multifamily dwellings; residential care facility; and mixed commercial-residential use.

Floor space, health, safety, and sanitary conditions shall be adequate to ensure livability, be in accord with New York State Multiple Residence Law, where applicable, and provide a minimum floor space of 500 square feet per dwelling unit.

Lot size per building for multiple-family dwellings shall be in accord with the minimum lot size required in the district and, in addition, shall have the following number of square feet for each dwelling unit in excess of the first according to the type of unit:

Efficiency unit: 2,500 square feet.

One bedroom: 3,000 square feet.

Two bedrooms: 4,000 square feet.

Three or more bedrooms: 5,000 square feet.

Adequate off-street parking shall be provided, including a minimum of 1 1/2 spaces per dwelling unit and one per each customer, client, or patron.

The use shall not interfere or conflict with the peaceful enjoyment of neighboring residential uses and shall be in accord with the density guidelines for the area according to the established categories of the City Comprehensive Plan and these regulations.

Adequate screening, landscaping, and fencing may be required in accordance with § 190-17.

Home businesses.

Purpose. The intent of regulations governing home occupations is to protect the character of the surrounding neighborhood, particularly adjacent residential uses, from intrusions and nuisances created by operating businesses in a residential area, while recognizing the needs of certain residents and community benefits of allowing certain types of work in the home. The regulations ensure that the home occupation remains subordinate to the residential use, and that the residential viability of the dwelling is maintained. The regulations recognize that many types of jobs can be done in a home with little or no effects on the surrounding neighborhood.

Definition. A home business is one where the residents use their home as a place of work; where the business use is clearly incidental and secondary to the use of the property for residential purposes. Examples include but are not limited to artists, writers, tutors, consultants and home offices. Home businesses also provide an opportunity for a home to be used as a business address but not as a place of work.

Use-related regulations.

Allowed uses. The intent of the regulations of this chapter is to establish performance standards for home occupations rather than to limit the allowed uses to a specific list. Uses which comply with the standards of this chapter are allowed by right unless specifically listed in Subsection C(3)(c)[2] below.

Prohibited uses. The following uses are specifically prohibited for home occupations:

[a]

Home businesses may not provide any type of repair or assembly service for vehicles or equipment with internal combustion engines (such as autos, motorcycles, scooters, snowmobiles, outboard marine engines, lawn mowers, chain saws, and other small engines) or for large appliances (such as washing machines, dryers, and refrigerators).

[b]

Home businesses may not involve any other work related to automobiles and their parts.

[c]

Home businesses may not serve as headquarters or dispatch centers where employees come to the site and are dispatched to other locations.

Operational regulations.

No person other than the residents of the dwelling unit may be engaged or employed in the home business or businesses.

In R-1 and R-2 Zones, homes businesses must be limited to those businesses that do not have clients, customers, or other business affiliates coming to the home business site.

In R-1 and R-2 Zones, no sign will be displayed which would be visible from the outside of the dwelling unit; in R-3 Zones, the Sign Ordinance (§ 190-15) shall apply.

In no case shall a home business be open to the public at times earlier than 8:00 a.m. nor later than 10:00 p.m.

[5]

A maximum of five customers, clients, or delivery vehicles may visit the site per day.

[6]

Retail sale of goods must be entirely accessory to any services provided on the site.

Site-related standards.

The area set aside for home businesses shall not exceed 20% of the total floor area of such residence, or exceed 400 square feet of any accessory building if located therein.

No operations, storage, or display of materials or products shall occur on the outside of the residential premises.

No alteration of the residential appearance of the premises shall be permitted, including the creation of a separate entrance to the dwelling unit or utilization of an existing entrance exclusively for the business.

The home business shall not require additional off-street parking spaces for clients or customers.

[5]

No toxic, explosive, flammable, combustible, corrosive, radioactive or other hazardous materials shall be used or stored on site.

[6]

The home business shall produce no noise, vibrations, glare, objectionable fumes or electrical interference detectable to normal sensory perception on residential units on the subject lot or adjacent lots.

Business and office uses, including professional office, funeral home, and medical facility.

The use shall not interfere or conflict with the character of the immediate neighborhood nor with the peaceful enjoyment of neighboring uses.

The amount of land and building area shall be appropriate to the nature and scale of the proposed business or professional office use.

Adequate screening, landscaping, and fencing may be required in accordance with § 190-17.

Public accommodation uses, including school, tourist accommodation, restaurant, fast-foot restaurant.

No building, parking, or service area shall be closer than 100 feet to any existing residential use in a residential district other than one on the premises.

Such use shall be adequately fenced and/or screened from any adjacent residential property, and lighting shall be directed away from adjacent property and the highway.

The location and situation of all structures shall be satisfactory to the Joint Zoning Board of Appeals/Planning Commission relative to the visual character and travel safety along the roadway on which such facility fronts.

Ingress and egress shall be so designed as to minimize traffic congestion, and for this purpose, the number and location of driveways shall be subject to the explicit approval of the Joint Zoning Board of Appeals/Planning Commission.

Adequate screening, landscaping, and fencing may be required in accordance with § 190-17.

(6)

Motor vehicle uses including gasoline station; service or repair garage; motor vehicle sales/service, and car wash.

No building, parking, or service area shall be closer than 100 feet to any existing residential use.

The minimum distance between pump islands and between the building and any pump islands shall be 20 feet.

No waste water, oil, toxic or inflammable materials shall pollute, or create hazardous or unsightly conditions.

Any motor vehicle wash shall provide a minimum of four stacking spaces per bay on the lot.

No exterior storage of dismantled or disabled vehicle parts or salvage material shall be permitted unless properly screened or fenced.

Adequate screening, landscaping, and fencing may be required in accordance with § 190-17.

(7)

Riding stable and animal hospital/kennel.

Adequate provision for the storage and removal of all animal wastes shall be made. In particular, no manure shall be piled within 300 feet of any residence, other than one on the lot.

Any fencing or exercise area or like ancillary facility shall be subject to the review and approval of the Joint Zoning Board of Appeals/Planning Commission.

(8)

Manufacturing-industrial uses, including fertilizer/feed mill, bulk fuel storage, concrete/asphalt batch plant, and other like uses.

The proposed use and the nature of the activity will be compatible with existing adjoining uses or unimproved lands.

Ingress and egress shall be so designed as to minimize traffic congestion and hazards and for this purpose, the number and location of driveways shall be subject to the explicit approval of the Joint Zoning Board of Appeals/Planning Commission.

The individual parking, storage, landscaping, signing, screening, and other needs of the proposed use shall be provided in a manner satisfactory to the Joint Zoning Board of Appeals/Planning Commission. Specifically, the location and extent of exterior storage of vehicles, equipment, and materials shall be designated on the application. Screen planting, landscaping or other site improvements, as may be required by § 190-17 to protect the visual character of the area, shall be instituted in accord with the direction of the Joint Zoning Board of Appeals/Planning Commission.

(9)

Public utility, public use.

Such facility shall not be located on a residential roadway, unless no other site is available, and shall be so located as to necessitate minimal travel of service vehicles over residential roadways.

The location, design and operation of such facility shall not adversely affect the character of the surrounding area.

Adequate fences, barriers and other safety devices shall be provided, and the facility shall be screen-planted and landscaped in accordance with the provision of § 190-17.

(10)

Commercial excavation.

Such extraction shall not endanger the stability of adjacent land or structures, nor constitute a detriment to public health, safety, or welfare by reason of excessive dust, noise, traffic, or other condition. The Joint Zoning Board of Appeals/Planning Commission shall specify any reasonable requirements to safeguard the public health, safety, and welfare in authorizing a permit for such use.

The face of the excavation area shall not exceed a 2:1 (horizontal to vertical) slope when not used for any thirty-day period and a 3:1 slope when the excavation use is concluded.

The top and the base of such slope shall not be nearer than 100 feet to any lot line nor nearer than 100 feet to the center line of any roadway.

Screen-planting may be required to protect the visual character of the area.

A plan for restoration and rehabilitation of a commercial earth excavation area or borrow pit shall accompany the application and shall be in conformity with the State Mined Lands Reclamation Act.[1] The Joint Zoning Board of Appeals/Planning Commission, upon approval of such plan, may require a performance security to assure rehabilitation of commercial excavation sites in conformity with the plan.

Editor's Note: See Environmental Conservation Law § 23-2701 et seq.

(11)

Mobile dwelling as accessory agriculture use. A mobile dwelling as an accessory to an agricultural use may be permitted by the Joint Zoning Board of Appeals/Planning Commission as a conditional use when the Joint Zoning Board of Appeals/Planning Commission finds that such mobile dwelling is necessary for the conduct of a farming operation, and that the mobile dwelling will be occupied by the owner, or a full-time manager or employee of the farm. The mobile dwelling shall be subject to the following regulations:

It shall be located on a standard size lot and shall have minimum yard dimensions in accordance with the Zoning Schedule for the district in which it is to be located.

The mobile dwelling shall have a minimum floor area of 750 square feet.

An accessible, adequate, safe, and potable supply of water shall be provided to the mobile dwelling. The water system shall be adequate to provide a minimum of 150 gallons per day and at least 20 pounds of pressure to the mobile dwelling.

The mobile dwelling shall be connected to the City sewer system; or where public sewer service is not feasible, a method of sewage disposal approved by the City shall be installed.

Prior to the start of any construction on the site, a zoning permit shall be secured for the mobile dwelling. A site plan showing the mobile home in relation to the property lines shall be submitted for the purpose of securing a building and zoning permit. The site plan shall also show the driveway access, walks, storage facilities outside of the mobile dwelling, trees on the site, and on-site well and sewage disposal, if any.

Remove all wheels and transport devices, mount or place on permanent concrete block or masonry unit.

(12)

Drive-through window facilities.

Purpose. Drive-through windows have become a critical accessory to more and more retail and service-oriented uses. Due to potential impacts on traffic volume, vehicular and pedestrian circulation and the environment, the following additional standards are required for the permitting of drive-through windows.

Site location criteria. The site of the drive-through window shall meet the following criteria:

The use will not substantially increase traffic on streets in a residentially zoned district;

The use will not substantially lessen the usability of adjacent or nearby commercially zoned property or commercial use by interfering with pedestrian traffic;

The site will be adequate in size and shape to accommodate said use and to accommodate all yards, parking, landscaping, and other required improvements;

The use will not substantially lessen the usability and suitability of adjacent or nearby residential zoned property for residential use.

General design standards. All the following must be provided for the primary use to be granted a building permit for a drive-through window:

Lighting: All lighting on the exterior of the building shall be of an indirect nature, emanating only from fixtures located under canopies or hoods, under eaves of buildings and at ground level in the landscaping. Freestanding pole lights shall not exceed a maximum height of 14 feet and shall be so arranged and shielded that there shall be no glare or reflection onto adjacent properties or public rights-of-way;

Signs should be placed and waiting lanes should be designed so that waiting cars do not block sidewalks or public streets.

Landscaping, waiting-lane devices, and overall design should not prevent vehicles from safely and efficiently leaving waiting lanes.

Traffic circulation.

A traffic study addressing both on-site and off-site traffic and circulation impacts is required.

Sites located adjacent to an alley must incorporate the use of the alley as the drive-through lane entrance unless it can be demonstrated that such a configuration would either hinder pedestrian or vehicular circulation off site.

Pedestrians must be able to enter the establishment from the parking lot or sidewalk without crossing the waiting or exit lines.

Waiting lanes shall be designed for the maximum length possible. At a minimum, waiting lanes should accommodate average peak monthly traffic flow, allowing 23 feet per vehicle. Applicants must provide data about the peak flows of the business to determine the minimum waiting needed.

[5]

The waiting lane shall be independent of any on-site parking, parking maneuvering areas, public streets, alley or traffic ways serving other on and/or off-site uses.

Site plan requirements. In addition to the general requirements for site plan review, drive-up window site plans must also include the following features:

Design and placement of signs to ensure that they facilitate the safe and smooth flow of traffic.

Details of pedestrian and vehicular circulation.

Details of waiting lanes, including location and design of curbs, gates, bollards and chains, pavement markings and similar devices.

(13)

Bed-and-breakfast establishments. The following standards are applicable to bed-and-breakfast establishments:

The owner or owners of the bed-and-breakfast must reside in and continue to reside in the dwelling as his/her/their principal residence. The owner will provide a sworn statement certifying to such residency upon request of the Director.

The number of guest rooms for transient accommodation shall not exceed four.

Each bed-and-breakfast shall be established, maintained and operated so as to preserve and complement the residential character and integrity of the surrounding area when the facility is established in a residential district; however, fire escapes, handicapped entrances and other features may be added to protect public safety.

Breakfast shall be served on the premises only for guests and employees of the bed-and-breakfast. Guest rooms may not be equipped with cooking facilities. No other meals shall be provided on the premises.

No more than one person who is not a principal resident of the dwelling shall be an employee at the dwelling site at any one time.

One professional-quality sign is allowed on the property with up to eight square feet per sign face, and may be attached to the exterior or placed in the window of the residence or accessory structure, or placed within the front yard setback, mounted on an architectural post not to exceed four feet in height, or a monument sign not to exceed four feet above grade in the front setback. No sign shall interfere with vision clearance on adjoining public rights-of-way.

No more than an average of two business-related deliveries per day is allowed. Such deliveries shall not restrict pedestrian or vehicular circulation on adjoining public streets and sidewalks.

(14)

Large-scale solar energy systems. The following standards are applicable to large scale solar energy systems:

[Added 2-2-2021 by L.L. No. 3-2021]

Underground requirements. All on-site utility lines shall be placed underground to the extent feasible and as permitted by the serving utility, with the exception of the main service connection at the utility company right-of-way and any new interconnection equipment, including without limitation any poles, with new easements and right-of-way.

Vehicular paths. Vehicular paths within the site shall be designed to minimize the extent of impervious materials and soil compaction.

Glare. All solar panels shall have anti-reflective coating(s).

Lighting. Lighting of the solar energy systems shall be limited to that minimally required for safety and operational purposes and shall be reasonably shielded and downcast from abutting properties.

Tree-cutting. Removal of existing trees larger than six inches in diameter should be minimized to the extent possible.

Fencing, access roads and landscaping may occur within the setback.

§ 190-29 Site plan review (resource management).

Large-scale solar systems shall not be located on a local roadway, as defined in § 190-5 of the Oneida City Code. Large-scale solar systems shall further be located so as to result in minimal travel by service vehicles over local roadways.

(h)

Adequate fences, barriers, and other safety devices shall be provided. Large-scale solar systems shall have screening and landscaping in accordance with the requirements set forth in § 190-17.

(i)

The location, design, and operation of large-scale solar systems shall not adversely affect the character of the surrounding area.

[Amended 7-3-1979]

Purpose.

It is the purpose of this section to provide a process for the recognition and detailed evaluation of those types of natural and related land use considerations important to the achievement of the City Comprehensive Plan and the purpose of these regulations and which, given the nature, level of detail and scale of the Citywide inventory and Zoning Maps, require a more exact site specific evaluation on a case-by-case basis than is otherwise possible. Specifically, the Resource Management (RM) - Overlay District has been established to depict land and water areas with particularly significant limitations to development that necessitate a more careful evaluation of the likely impact of such development. The types of limitations encompassed within this overlay district include:

Flood hazard areas.

Wetlands.

Steep slopes and adverse soil conditions.

Certified agricultural districts.

Consistent with this purpose, the provisions of this section shall apply to all land and water areas in a Resource Management (RM) - Overlay District as set forth in the following.

Procedure. The process for consideration of any proposed use to be situated in any Resource Management (RM) - Overlay District shall be as follows:

[Amended 11-8-2017 by L.L. No. 5-2017]

The nature and content of an application for any use considered under this section shall be as set forth in Chapter 143, Site Plan Review, and such additional information as may be required in the administration of this section. The Building Inspector/Code Enforcement Officer shall determine the completeness of any application considered under this section and shall notify the applicant within five days of the date of submission if such application is incomplete or deficient in any way, and shall further specify the deficiencies. At the same time the application is sent to the Joint Zoning Board of Appeals/Planning Commission for action, it shall be sent to the Conservation Advisory Council for review and recommendation.

The Joint Zoning Board of Appeals/Planning Commission shall consider the application including such professional expert assistance as may be necessary, and render its decision within 45 days from the date of submission of a complete application if no public hearing is held; or, alternatively, schedule and hold a public hearing within 45 days of the date of submission and render its decision within 45 days of the date of hearing. These respective time frames may be extended only by mutual written agreement between the applicant and the Joint Zoning Board of Appeals/Planning Commission. Consideration of the application at public hearing shall be optional at the discretion of the Joint Zoning Board of Appeals/Planning Commission.

Notification of the Joint Zoning Board of Appeals/Planning Commission's decision to authorize or deny the permit and the reasons for this decision shall be given in writing to the Building Inspector/Code Enforcement Officer, a copy filed with the City Clerk within five days of the date of the Joint Zoning Board of Appeals/Planning Commission's decision and a copy of the Joint Zoning Board of Appeals/Planning Commission's determination furnished to the applicant upon request.

Applicable standards. Any use proposed to be located within a Resource Management (RM) - Overlay District shall be evaluated according to the following specific guidelines:

Flood hazard areas. The provisions of Chapter 64, Flood Damage Prevention, shall be met.

Wetlands. No use shall be situated in or adjacent to, any wetland area where the location of such use, by landfill or drainage, will damage or affect in a significantly detrimental manner the water retention capacity or unique flora or fauna characteristics of such wetland; and further, no such use shall be located where the instability or inadequate bearing capacity of the wetland would jeopardize the stability of the use itself. In particular, any use proposed in such area shall be reviewed according to the applicable provisions of the New York State Freshwater Wetlands Act.

[Amended 12-19-2000 by L.L. No. 6-2000]

Steep slopes and adverse soil condition. No structure shall be situated on any slope in excess of 25%, or any soils where the location of such use will cause or aggravate significant earth erosion or slippage, or encourage malfunctioning of any individual sewage disposal or the contamination of the water table.

Certified agricultural districts. To the maximum extent practicable, new development should not take place on viable agricultural land.

Exempt actions. Proposed actions in the Resource Management District which are included in the State or Local Type II List of Actions, as defined under Part 617.5 of the New York State Environmental Quality Review Act[1] are hereby exempt from the procedures set forth in this section of the zoning regulations. Such exemption shall not waive the requirements of any other portion of these zoning regulations as they relate to the action under consideration.

§ 190-30 Planned development districts.

Editor's Note: See Environmental Conservation Law § 8-0105 et seq.

[Amended 6-15-1982]

Purpose.

This section is designed to provide a means of developing those land areas within the City considered appropriate for new residential, commercial or industrial use, or a satisfactory combination of these uses, in an economic and compatible manner, while encouraging the utilization of innovative planning and design concepts or techniques in these areas without departing from the spirit and intent of these regulations.

In particular, this provision is designed to accommodate proposed planned unit development or clustering techniques not otherwise provided for in the established zoning districts.

Procedure.

[Amended 11-8-2017 by L.L. No. 5-2017]

For the establishment of a planned development district:

Application for designation of a planned development district shall be referred to the Joint Zoning Board of Appeals/Planning Commission within 10 days of the date of submission. The applicant shall furnish that data called for in Chapter 143, Site Plan Review.

The Joint Zoning Board of Appeals/Planning Commission and any professional planning adviser that the Joint Zoning Board of Appeals/Planning Commission may see fit to engage shall review such application. The Joint Zoning Board of Appeals/Planning Commission may require such changes in the preliminary plan as are found to be necessary to meet the requirements of this section, to protect the established permitted uses in the vicinity and to promote the orderly growth and sound development of the City. In evaluating the proposal and in reaching its decision regarding the preliminary plan, the Joint Zoning Board of Appeals/Planning Commission shall consider and make findings regarding those applicable considerations set forth under Subsection C of this section.

The Joint Zoning Board of Appeals/Planning Commission shall report its findings and offer its recommendation to the Common Council within 45 days. It may approve, disapprove, or give conditional approval subject to stipulated conditions or modifications regarding the proposed development.

The Common Council shall hold a public hearing, after public notice as required for any amendment to these regulations, and shall consider the report and recommendations of the Joint Zoning Board of Appeals/Planning Commission and all other comments, reviews and statements pertaining thereto. It may amend the Zoning Maps to establish and define the type and boundaries of the planned development district.

For the approval of development within an established planned development district:

Amendment of the Zoning Maps shall not constitute authorization to develop in the district.

Such authorization, after a planned development district has been established shall require that the applicant submit to the Joint Zoning Board of Appeals/Planning Commission such further plans and specifications, supporting documents and data as are required under final site plan in Chapter 143, Site Plan Review.

The Joint Zoning Board of Appeals/Planning Commission, and the Joint Zoning Board of Appeals/Planning Commission's professional planning advisor, shall set forth the particular ways in which the proposed development is consistent with the City Comprehensive Plan and the requirements of this section, including, but not limited to, findings of fact and conclusions on the applicable consideration set forth under Subsection C of this section.

No permit shall be issued until the Joint Zoning Board of Appeals/Planning Commission has authorized issuance of a permit by resolution.

All conditions imposed by the Joint Zoning Board of Appeals/Planning Commission in its review of the final site plan shall run with the land and shall not lapse or be waived as a result of any change in tenancy or ownership.

If construction of the development in accordance with the approved plans and specifications has not begun within six months after the date of the issuance of the permit, all permits shall become null and void and the approval shall be deemed revoked and vacated, except as application may be made to and considered by the Joint Zoning Board of Appeals/Planning Commission.

Applicable standards.

Residential-Planned (R-P) District.

Area/density. Any residential planned district shall have a minimum area of 10 acres, and all development within the district will not exceed the maximum density guidelines as expressed for the area in question in the City Comprehensive Plan and these regulations.

Required minimum yard dimensions shall be as follows:

Perimeter of entire district: 25 feet.

Front: 35 feet for one-family dwelling; 35 feet for two-family dwelling; 40 feet for multiple-family dwelling.

Side: 15 feet each side for one-family dwelling, 20 feet each side for two-family dwelling, 40 feet between any buildings for multiple-family dwelling.

Rear: 25 feet, all principal buildings.

Roadways shall be as follows: All roadways, whether to be offered for cession to the City or not, shall be constructed in accord with City standards as established in Chapter 155, Subdivision of Land, and, in addition, according to any further requirements or stipulations deemed necessary by the City Engineer and as set forth in the resolution of approval of the final plan.

Off-street parking shall be provided as follows:

Number of spaces.

[a]

One- and two-family dwellings: 1 1/2 spaces per dwelling unit.

[b]

Multiple-family dwellings: 1 1/2 spaces per dwelling unit.

Parking spaces, other than in a garage, shall be in the side or in the rear yard.

Open space and recreation area shall be provided as follows: Suitable and satisfactorily located lands comprising at least 5%, but not required to be more than 10% of the area of the planned residential district shall be designated and reserved for open space recreational purposes. Improvements and facilities to be provided as part of such recreation area and provisions for its maintenance shall be acceptable to the City and the responsibility of the applicant.

Adequate screening, landscaping, and fencing may be required in accordance with § 190-17.

Mobile Dwelling-Planned District (MD-P).

Mobile dwelling shall have a minimum floor area of 750 square feet.

Yard requirements shall be determined by the Joint Zoning Board of Appeals/Planning Commission depending upon lot arrangement, but in no case shall there be less than 30 feet between mobile dwellings and no mobile dwelling shall be closer than 50 feet to any boundary of this district.

[Amended 11-8-2017 by L.L. No. 5-2017]

Any area from the floor of the mobile dwelling to the ground shall be skirted with a suitable opaque material.

An enclosed storage area of at least 80 square feet shall be provided for each mobile dwelling.

A minimum of two off-street parking spaces shall be provided for each mobile dwelling.

In the case of a proposed mobile dwelling park (see definitions in § 190-5), City of Oneida Mobile Home Park Standards[1] shall supersede any standards and/or requirements of this section with the exception of the minimum zoning district size of 10 acres.

Editor's Note: See Ch. 92, Mobile Homes and Mobile Home Parks.

§ 190-31 Cluster development regulations.

Any area zoned MD-P shall be subdivided in accordance with Chapter 155, Subdivision of Land, if lots are to be offered for sale.

(h)

Adequate screening, landscaping, and fencing may be required in accordance with § 190-17.

[Added 10-3-1989 by Ord No. 89-05]

Purpose.

Residential cluster development is encouraged in the City of Oneida in order to provide permanent open space for the enjoyment of present and future generations; to protect natural resources and qualities; to provide for a variety and choice of housing, including housing for people of low and moderate income; to reduce the cost of residential development; to encourage and maintain agriculture; and to protect the value of property.

The purpose of this section is to provide specific standards and explicit procedures that will facilitate residential cluster development.

Definitions. As used in this section, the following terms shall have the meanings indicated:

AGRICULTURE

The growing and harvesting of crops, the raising and breeding of poultry and livestock, and the management and harvesting of woodlots.

APPLICANT

A developer submitting an application for development.

ATTACHED HOUSING

Homes having at least one wall in common.

COMMON OPEN SPACE

An open space area within or related to a site designated as a development, and designed and intended for the use or enjoyment of residents and owners of the development. Common open space may contain such complementary structures and improvements as are necessary and appropriate for the use or enjoyment of residents and owners of the development.

CRITICAL NATURAL AREAS

The following areas, as identified by a natural resource inventory and/or the municipal Comprehensive Plan: surface water, fresh- or saltwater wetlands; flood hazard areas; stream corridors; slopes over 18%; areas with a seasonal high-water table less than one foot as indicated by the Standard Soil Survey.

DETACHED HOUSING

Homes having no walls in common.

FARMER

A person whose full- or part-time employment is agriculture and who has the necessary training and/or experience for this occupation.

FLOOD HAZARD

A land area adjoining a river, stream, water course or lake which is likely to be flooded during a one-hundred-year flood, as depicted by the United States Department of Housing and Urban Development.

PUBLIC SEWERAGE (or WATER SUPPLY)

GROSS DENSITY

See "residential density."

LOT

A parcel of land considered as a unit, occupied or capable of being occupied by a principal building or use and accessory buildings or uses, or by a group of buildings united by a common use or interest and responsibility therefor, and designated so as to have its principal frontage on an improved street.

LOWER-INCOME HOUSEHOLDS

Households for which the total household income does not exceed 80% of the median for the county in which the project is located.

NET DENSITY

The number of dwelling units per acre of land within the portion of a tract delineated for residential use. The area of the tract less common open space, critical natural area, major roads, and utility rights-of-way.

PLAT

A map or maps of a subdivision or site plan.

PRIME AGRICULTURAL SOIL

Soil types, whether presently used for agriculture or not, classified as I, II, or III for agricultural purposes by the United States Department of Agriculture Soil Conservation Service.

PUBLIC OPEN SPACE

An open space area conveyed or otherwise dedicated to a municipality, municipal agency, board of education, state or county agency, or other public body for recreational or conservational uses.

Sewer service (or water supply) that physically links individual homes in the residential cluster to a central treatment plant (or, in the case of water supply, to a central distribution facility), elsewhere in the City.

RESIDENTIAL CLUSTER

An area to be developed as a single entity according to a plan containing housing units which have a common or public open space area as an appurtenance.

RESIDENTIAL DENSITY

The number of dwelling units per gross acre of residential land area, including streets, easements, and open space portions of a development.

RESIDENTIAL PORTION OF THE TRACT

The area of the proposed development tract devoted to residential structures; associated private yard areas (front, sides and back); parking associated with the units; and the area of roads, paths, and walkways within the residential area.

SITE

See "tract."

SITE ANALYSIS

A presentation by the developer, in the form of maps and accompanying text of the natural and cultural resources and qualities of the site and its environs. The site analysis shall cover the site's geology, soil, slopes, underground and surficial hydrology, vegetation, wildlife, and other factors that may be relevant. The analysis shall conclude in a site plan based on the analysis, and showing the opportunities and constraints of the site and its environs for residential cluster development.

STANDARD SOIL SURVEY

The soil survey published by the United States Department of Agriculture, Soil Conservation Service for the county in which the project is located.

STREAM CORRIDORS

The geographical area that includes the stream, the floodplain, adjoining areas with a seasonal high-water table of one inch or less (as shown on the Standard Soil Survey), and contiguous slopes greater than 12%, as shown on the Standard Soil Survey.

TRACT

The total area which has been designated as a unit for residential cluster development.

YIELD

The maximum number of residential units allowable on a specific tract under the applicable terms of this Chapter 190 generally and this section as applicable.

Editor's Note: See Ch. 64, Flood Damage Prevention.

Applicability.

Applicants are encouraged to submit proposals for residential cluster development in all residential districts of the City.

The Joint Zoning Board of Appeals/Planning Commission may require residential cluster development on a specific tract if it finds either of the following:

[Amended 11-8-2017 by L.L. No. 5-2017]

A conventional (noncluster) subdivision or development proposal would intrude or adversely affect critical areas on the tract.

The tract includes five acres or more of agricultural land as determined by the standard soil survey and conventional development would remove more than 10% of this land from potential agricultural use.

Any finding by the Joint Zoning Board of Appeals/Planning Commission under Subsection C(2) of this section shall be accompanied by data to support the finding.

[Amended 11-8-2017 by L.L. No. 5-2017]

Common open space and division of site.

For the purposes of measurement and analysis under the provisions of this section, the tract shall be divided into three parts, and any or all parts may be comprised of areas that are not contiguous:

Common open space area(s).

Residential area(s).

The area(s) devoted to roads, utilities, and rights-of-way.

An application for residential cluster development may designate common open space areas for active or passive recreational use; for agricultural or woodlot management; or for preservation in a natural condition to maintain natural resources and qualities. Common open space may include any reasonable combination of these uses though the intended uses must be specified.

At least 30% of any residential cluster development shall be retained for common open space. All critical natural areas and prime agricultural lands shall be retained in common open space except that residential and utility areas may intrude into no more than 10% of these areas if no alternative location is available.

Residential areas shall be located on the basis of an environmental site analysis as specified in Subsection J of this section. A residential cluster application may include a variety of housing types and lot arrangements, including but not limited to detached homes on large or small lots, and attached units such as townhouses, patio homes, etc.

Density provisions.

Gross density. The yield of the tract shall not exceed the number of units permitted under the zoning or subdivision provisions applicable to the zoning district in which the tract is located. The permitted number of lots or units will be determined on the basis of a sketch plan prepared under the applicable provisions of this Chapter 190, Zoning. All lots must be acceptable for approval under the applicable provisions of the ordinance.

Net density with public or community water and sewerage. If public or community water and sewerage are not available, the net density of the residential area(s) of the tract shall not exceed the densities specified in Subsection K(2). If a variety of housing types is proposed, the net density shall not exceed the sum of the maximums for each area proposed for each type.

Density bonuses.

The following density bonuses are offered to further promote the purpose of this section. The granting of a bonus or bonuses will only be considered by the Joint Zoning Board of Appeals/Planning Commission if specifically applied for by the applicant. The Joint Zoning Board of Appeals/Planning Commission shall make a finding of fact with respect to each bonus applied for. Density bonuses will be granted by the Joint Zoning Board of Appeals/Planning Commission only if all other provisions of this section are properly met.

[Amended 11-8-2017 by L.L. No. 5-2017]

If the applicant chooses to take advantage of the opportunity for bonuses under both Subsections F(3) and (4), the calculation under F(3) shall precede the calculation under F(4).

Housing for lower-income households. To further encourage the purposes of this section, the yield as calculated under Subsection E(1) may be increased by one percentage point for every percentage point of the yield that is designated for sale or rent to lower-income households, to a maximum of 20%. To qualify for this bonus, the applicant shall submit a written plan showing how housing will be provided for lower-income households, and how it will be maintained at low rents or resale prices in the future.

Additional open space. To further encourage the purposes of this section, the yield as calculated under Subsection E(1) [and Subsection F(3) if applicable] may be increased by the number of units that results from multiplying the appropriate percentage from Column (2) to the yield for the tract as calculated Subsection E(1) [and Subsection F(3) if applicable].

	Column (1) Percentage of Tract Income Open Space	Column (2) Allowable Increase in Yield (percent)
	50	10
	60	20
	70	30
	50	40

Transfer of development credits option.

General. In order to further promote the purposes of this section, an applicant may increase the gross density on the residential cluster tract in exchange for tract(s) restricted to permanent open space elsewhere in the community. This may be accomplished by transferring the yield allowable on the tract(s) that will be restricted to permanent open space to the residential cluster tract.

Under this provision, the yield on the residential cluster tract shall not exceed the total of the yield permitted in the residential cluster tract under the other applicable provisions of this section, plus the yield(s) permitted on the tract(s) restricted to permanent open space under the provisions of the zoning law applicable to that (those) tract(s).

The yield of the tract to be restricted to permanent open space shall be determined on the basis of a sketch plan prepared under the provisions of the zoning law applicable to the district in which the tract is located. All lots must be acceptable for approval under the applicable provisions of the ordinance.

The yield and the physical plan for the residential cluster tract shall conform to the provisions of this section.

As a condition for preliminary approval, the applicant must show, for the tract to be restricted to permanent open space, either a title to the property, a contract of sale, or an option to purchase.

(6)

The tract to be restricted to permanent open space shall be so restricted in perpetuity by deed, and certification of such a restriction shall be a condition for preliminary approval.

(7)

The tract restricted to permanent open space may be transferred or sold to a municipality, retained by the owner, or sold to a new owner.

(8)

An application for final approval of a residential cluster development under the transfer of development credits option shall include plats, deeds, and other documentation showing compliance with the provisions of this section regarding the tract to be restricted in permanent open space.

(9)

Use of the restricted tracts for agriculture, woodlot management, recreation, maintenance of natural systems, or other use shall be consistent with the adopted municipal Comprehensive Plan.

Disposition and management of common open space. The following three options are available for the disposition and management of common open space.

Dedication to public agency. The applicant may transfer or sell the common open space to the municipality or other governmental agency for public use and maintenance if the municipality or other governmental agency agrees to accept.

Subdivision and resale of common open space. At the time of preliminary approval or at a later date in accordance with Subsection I(2) below, the applicant or homeowners' association may submit a plan for subdividing the residential cluster tract and conveying some or all of the common open space to a buyer who intends to keep it in recreational or agricultural use. If this option is selected, the provisions of Subsection G, Transfer of development credits option, shall apply. For land intended for agricultural use, the following additional provisions shall also apply:

An agricultural management plan shall accompany the application. The plan shall include the specific use intended for the land; a soil conservation plan approved by the Soil Conservation Service; and a statement of means of managing any possible conflicts with adjoining residences that may accompany normal agricultural practices.

The "preservation" tract shall have good agricultural soil and be well suited for the specific agricultural use that is intended. The agricultural management plan shall document this assertion.

Agricultural land shall only be sold to a farmer who has shown to the Joint Zoning Board of Appeals/Planning Commission's satisfaction an intention to keep the land in agricultural use for at least 10 years, or to a nonfarmer landowner who shows that he has at least a ten-year lease with such farmer.

[Amended 11-8-2017 by L.L. No. 5-2017]

Staged development.

A residential cluster plan may provide for development staged over time. In such a plan, each stage shall be substantially self-sustaining with regard to such factors as access, parking, utilities, and common open space.

If the residential cluster is to be developed in stages, the ultimate extent of the common open space shall be shown at the time of preliminary approval, but the Joint Zoning Board of Appeals/Planning Commission may permit the common open space to be divided among the stages submitted for final plat approval. Terms and conditions of preliminary approval shall continue for three years from date of preliminary approval, unless this period is extended by the Joint Zoning Board of Appeals/Planning Commission.

[Amended 11-8-2017 by L.L. No. 5-2017]

Submission schedule and requirements. Submission of schedule and requirements shall be consistent with and conform to the present Chapter 155, Subdivision of Land, of the Code of the City of Oneida.

Design guidelines for residential clusters.

General guidelines.

Residential cluster plans shall be consistent in all respects with the adopted land use element of the Comprehensive Plan and with the other elements of the plan.

Residential cluster plans shall be subject to other applicable provisions of this municipality's land development regulations, except where these provisions are specifically superseded by the provisions of the residential cluster provisions of this chapter.

Guidelines. The following shall apply to residential clusters:

Housing Type
		Semi- Detached	Attached
Standard	Detached	Homes Not in Rows*	Townhouses	Garden Apartments
Maximum net density 5 (dwelling units per net acre)	4	6-8	12	24
Minimum land area per unit (sq. ft.)	6,000	4,500-6,000	1,800-3,000	1,400
Minimum private yard area total: front, side, and back (sq. ft.)	800	600	300	300
Maximum building height, principal structures, (ft.)	30	30	40	40
Maximum building height, accessory structures (ft.)	20	20	20	20
Minimum parking spaces per unit	2-3	2-3	2-3	1.5-2.5
Minimum length of attached buildings along one plane (ft.)			200	200
NOTES: *Duplexes or combinations of three, four, five or six homes.

Common open space.

Common open space areas shall be located and maintained to implement the recreation, conservation, and land use elements of the municipal Comprehensive Plan.

Open space areas should be identified on the basis of the municipal natural resources inventory and the environmental site analysis specified in Subsection J of this section.

Buildings, roads, terrain alterations, or other improvements shall intrude into no more than 10% of critical areas, or prime agricultural land, and to that extent only if no alternatives are available.

Common open space may be used for sewage disposal using techniques conforming to applicable environmental and engineering standards.

The design and use of open space areas shall protect the natural resources and qualities of the site, including the natural terrain, woodland cover, significant stands of trees, views, and unique and unusual features.

Where common open space is to be used for agricultural purposes, or woodlot management, a plan shall be presented. For agricultural projects, a soil conservation plan approved by the United States Department of Agriculture. Soil Conservation Service shall accompany the application.

Housing and site layout.

Areas designated for housing shall be based on the environmental site analysis specified in Subsection J of this section.

Flexibility and variety in lot and building layout is encouraged, to allow the best relationship between man-made improvement and the land. Lots, building, utilities, grading, and other site improvements shall be designed so as to minimize alteration of natural terrain and cover.

Residential areas shall be landscaped. Shade trees shall be provided along roads, walkways and parking areas. Landscaped buffers shall be provided around recreation, parking, utility, refuse disposal area, and wherever else the Joint Zoning Board of Appeals/Planning Commission deems necessary.

[Amended 11-8-2017 by L.L. No. 5-2017]

Agricultural areas shall be separated from residential by dense buffers of natural or landscaped shrub and tree cover at least 25 feet in width.

Circulation and parking shall be consistent with and conform to the present Chapter 155, Subdivision of Land, of the Code of the City of Oneida.

Findings for residential clusters.

As part of the approval of a residential cluster development the Joint Zoning Board of Appeals/Planning Commission shall state the following conclusions in writing, supported by appropriate facts and analysis:

[Amended 11-8-2017 by L.L. No. 5-2017]

That departures from zoning regulations otherwise applicable to the residential cluster development property conform to the standards pursuant to Article 3, § 37 of the General City Law.

That the proposals for maintenance and conservation of the common open space are reliable; and the amount, location, and purpose of the common open space are adequate.

That the physical design of the proposed development for utilities, vehicular and pedestrian traffic, the amenities of light and air, and recreational visual enjoyment are adequate.

That the proposed residential cluster will not have an unreasonably adverse impact upon its environs.

§ 190-32 State Environmental Quality Review Act (SEQRA).

In the case of a staged development, that the terms and conditions intended to protect the interests of the public and of the residents, occupants and owners of the ultimate development are adequate.

Compliance with the State Environmental Quality Review Act[1] will be accomplished during the administration of these regulations.

Editor's Note: See Environmental Conservation Law § 8-0105 et seq.

§ 190-33 Freshwater Wetlands Act.

Compliance with the State Freshwater Wetlands Act[1] will be accomplished during the administration of these regulations.