[Amended 4-15-1980; 6-15-1982]
A.
Purpose. It is the purpose of this section to provide
a process and guidelines to review those uses which may be appropriate
to the respective zoning districts, but where the number, location,
juxtaposition, and site improvement should be carefully considered
and regulated.
B.
Procedure. On application, the Joint Zoning Board
of Appeals/Planning Commission may authorize the Building Inspector/Code
Enforcement Officer to grant a zoning permit for any use for which
approval of the Joint Zoning Board of Appeals/Planning Commission
is required by these regulations according to the process and standards
set forth below:
[Amended 11-8-2017 by L.L. No. 5-2017]
(1)
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.
(2)
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.
(3)
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.
(4)
Notification shall also be sent to the county clerk
for filing with the property deed.
(5)
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.
C.
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]
(1)
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.
(a)
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.
(b)
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.
(c)
Operations of conditional use shall not be more
objectionable to nearby properties than will be operations of any
permitted standard use.
(d)
Adequate combination of public and private parking
is provided.
(e)
There will be no emission of noxious odors,
gases or smoke.
(2)
Residential uses, including multifamily dwellings;
residential care facility; and mixed commercial-residential use.
(a)
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.
(b)
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:
(c)
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.
(d)
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.
(3)
Home businesses.
(a)
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.
(b)
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.
(c)
Use-related regulations.
[1]
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.
[2]
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.
(d)
Operational regulations.
[1]
No person other than the residents of the dwelling unit may be engaged
or employed in the home business or businesses.
[2]
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.
[3]
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.
[4]
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.
(e)
Site-related standards.
[1]
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.
[2]
No operations, storage, or display of materials or products shall
occur on the outside of the residential premises.
[3]
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.
[4]
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.
(4)
Business and office uses, including professional office,
funeral home, and medical facility.
(5)
Public accommodation uses, including school, tourist
accommodation, restaurant, fast-foot restaurant.
(a)
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.
(b)
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.
(c)
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.
(d)
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.
(6)
Motor vehicle uses including gasoline station; service
or repair garage; motor vehicle sales/service, and car wash.
(a)
No building, parking, or service area shall
be closer than 100 feet to any existing residential use.
(b)
The minimum distance between pump islands and
between the building and any pump islands shall be 20 feet.
(c)
No waste water, oil, toxic or inflammable materials
shall pollute, or create hazardous or unsightly conditions.
(d)
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.
(e)
Any motor vehicle wash shall provide a minimum
of four stacking spaces per bay on the lot.
(f)
No exterior storage of dismantled or disabled
vehicle parts or salvage material shall be permitted unless properly
screened or fenced.
(7)
Riding stable and animal hospital/kennel.
(a)
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.
(b)
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.
(a)
The proposed use and the nature of the activity
will be compatible with existing adjoining uses or unimproved lands.
(b)
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 the facility fronts.
(c)
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.
(d)
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.
(a)
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.
(b)
The location, design and operation of such facility
shall not adversely affect the character of the surrounding area.
(10)
Commercial excavation.
(a)
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.
(b)
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.
(c)
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.
(d)
Screen-planting may be required to protect the
visual character of the area.
(e)
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.
[1]
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:
(a)
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.
(b)
The mobile dwelling shall have a minimum floor
area of 750 square feet.
(c)
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.
(d)
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.
(e)
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.
(f)
Remove all wheels and transport devices, mount
or place on permanent concrete block or masonry unit.
(12)
Drive-through window facilities.
(a)
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.
(b)
Site location criteria. The site of the drive-through
window shall meet the following criteria:
[1]
The use will not substantially increase traffic
on streets in a residentially zoned district;
[2]
The use will not substantially lessen the usability
of adjacent or nearby commercially zoned property or commercial use
by interfering with pedestrian traffic;
[3]
The site will be adequate in size and shape
to accommodate said use and to accommodate all yards, parking, landscaping,
and other required improvements;
[4]
The use will not substantially lessen the usability
and suitability of adjacent or nearby residential zoned property for
residential use.
(c)
General design standards. All the following
must be provided for the primary use to be granted a building permit
for a drive-through window:
[1]
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;
[2]
Signs should be placed and waiting lanes should
be designed so that waiting cars do not block sidewalks or public
streets.
[3]
Landscaping, waiting-lane devices, and overall
design should not prevent vehicles from safely and efficiently leaving
waiting lanes.
(d)
Traffic circulation.
[1]
A traffic study addressing both on-site and
off-site traffic and circulation impacts is required.
[2]
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.
[3]
Pedestrians must be able to enter the establishment
from the parking lot or sidewalk without crossing the waiting or exit
lines.
[4]
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.
(e)
Site plan requirements. In addition to the general
requirements for site plan review, drive-up window site plans must
also include the following features:
(13)
Bed-and-breakfast establishments. The following
standards are applicable to bed-and-breakfast establishments:
(a)
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.
(b)
The number of guest rooms for transient accommodation
shall not exceed four.
(c)
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.
(d)
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.
(e)
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.
(f)
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.
(g)
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]
(a)
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.
(b)
Vehicular paths. Vehicular paths within the site shall be designed
to minimize the extent of impervious materials and soil compaction.
(c)
Glare. All solar panels shall have anti-reflective coating(s).
(d)
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.
(e)
Tree-cutting. Removal of existing trees larger than six inches
in diameter should be minimized to the extent possible.
(f)
Fencing, access roads and landscaping may occur within the setback.
(g)
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]
A.
Purpose.
(1)
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:
(2)
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.
B.
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]
(1)
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.
(2)
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.
(3)
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.
C.
Applicable standards. Any use proposed to be located
within a Resource Management (RM) - Overlay District shall be evaluated
according to the following specific guidelines:
(2)
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]
(3)
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.
(4)
Certified agricultural districts. To the maximum extent
practicable, new development should not take place on viable agricultural
land.
D.
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.
[1]
Editor's Note: See Environmental Conservation
Law § 8-0105 et seq.
[Amended 6-15-1982]
A.
Purpose.
(1)
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.
(2)
In particular, this provision is designed to accommodate
proposed planned unit development or clustering techniques not otherwise
provided for in the established zoning districts.
B.
Procedure.
[Amended 11-8-2017 by L.L. No. 5-2017]
(1)
For the establishment of a planned development district:
(a)
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.
(b)
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.
(c)
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.
(d)
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.
(2)
For the approval of development within an established
planned development district:
(a)
Amendment of the Zoning Maps shall not constitute
authorization to develop in the district.
(b)
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.
(c)
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.
(d)
No permit shall be issued until the Joint Zoning
Board of Appeals/Planning Commission has authorized issuance of a
permit by resolution.
(e)
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.
(f)
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.
C.
Applicable standards.
(1)
Residential-Planned (R-P) District.
(a)
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.
(b)
Required minimum yard dimensions shall be as
follows:
[1]
Perimeter of entire district: 25 feet.
[2]
Front: 35 feet for one-family dwelling; 35 feet
for two-family dwelling; 40 feet for multiple-family dwelling.
[3]
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.
[4]
Rear: 25 feet, all principal buildings.
(c)
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.
(e)
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.
(2)
Mobile Dwelling-Planned District (MD-P).
(a)
Mobile dwelling shall have a minimum floor area
of 750 square feet.
(b)
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]
(c)
Any area from the floor of the mobile dwelling
to the ground shall be skirted with a suitable opaque material.
(d)
An enclosed storage area of at least 80 square
feet shall be provided for each mobile dwelling.
(e)
A minimum of two off-street parking spaces shall
be provided for each mobile dwelling.
(f)
[Added 10-3-1989 by Ord No. 89-05]
A.
Purpose.
(1)
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.
(2)
The purpose of this section is to provide specific
standards and explicit procedures that will facilitate residential
cluster development.
B.
AGRICULTURE
APPLICANT
ATTACHED HOUSING
COMMON OPEN SPACE
CRITICAL NATURAL AREAS
DETACHED HOUSING
FARMER
FLOOD HAZARD
GROSS DENSITY
LOT
LOWER-INCOME HOUSEHOLDS
NET DENSITY
PLAT
PRIME AGRICULTURAL SOIL
PUBLIC OPEN SPACE
PUBLIC SEWERAGE (or WATER SUPPLY)
RESIDENTIAL CLUSTER
RESIDENTIAL DENSITY
RESIDENTIAL PORTION OF THE TRACT
SITE
SITE ANALYSIS
STANDARD SOIL SURVEY
STREAM CORRIDORS
TRACT
YIELD
Definitions. As used in this section, the following
terms shall have the meanings indicated:
The growing and harvesting of crops, the raising and breeding
of poultry and livestock, and the management and harvesting of woodlots.
A developer submitting an application for development.
Homes having at least one wall in common.
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.
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.
Homes having no walls in common.
A person whose full- or part-time employment is agriculture
and who has the necessary training and/or experience for this occupation.
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.
[1]See "residential density."
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.
Households for which the total household income does not
exceed 80% of the median for the county in which the project is located.
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.
A map or maps of a subdivision or site plan.
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.
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.
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.
The number of dwelling units per gross acre of residential
land area, including streets, easements, and open space portions of
a development.
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.
See "tract."
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.
The soil survey published by the United States Department
of Agriculture, Soil Conservation Service for the county in which
the project is located.
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.
The total area which has been designated as a unit for residential
cluster development.
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.
C.
Applicability.
(1)
Applicants are encouraged to submit proposals for
residential cluster development in all residential districts of the
City.
(2)
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)
A conventional (noncluster) subdivision or development
proposal would intrude or adversely affect critical areas on the tract.
(b)
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.
D.
Common open space and division of site.
(1)
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:
(2)
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.
(3)
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.
(4)
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.
E.
Density provisions.
(1)
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.
(2)
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.
F.
Density bonuses.
(1)
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]
(3)
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.
(4)
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
|
G.
Transfer of development credits option.
(1)
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.
(2)
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).
(3)
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.
(4)
The yield and the physical plan for the residential
cluster tract shall conform to the provisions of this section.
(5)
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.
H.
Disposition and management of common open space. The
following three options are available for the disposition and management
of common open space.
(1)
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.
(2)
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:
(a)
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.
(b)
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.
(c)
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]
I.
Staged development.
(1)
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.
(2)
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]
J.
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.
K.
Design guidelines for residential clusters.
(1)
General guidelines.
(a)
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.
(b)
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.
(2)
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.
| ||||
(3)
Common open space.
(a)
Common open space areas shall be located and
maintained to implement the recreation, conservation, and land use
elements of the municipal Comprehensive Plan.
(b)
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.
(c)
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.
(d)
Common open space may be used for sewage disposal
using techniques conforming to applicable environmental and engineering
standards.
(e)
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.
(f)
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.
(4)
Housing and site layout.
(a)
Areas designated for housing shall be based on the environmental site analysis specified in Subsection J of this section.
(b)
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.
(c)
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]
(d)
Agricultural areas shall be separated from residential
by dense buffers of natural or landscaped shrub and tree cover at
least 25 feet in width.
L.
Findings for residential clusters.
(1)
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]
(a)
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.
(b)
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.
(c)
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.
(d)
That the proposed residential cluster will not
have an unreasonably adverse impact upon its environs.
(e)
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.
