HomeMy WebLinkAboutPC Packet 2022-03-17 TOWN OF ITHACA
N E W Y 0 R K
DEPARTMENT OF PLANNING
215 N.Tioga St 14850
607.273.1747
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TOWN OF ITHACA PLANNING COMMITTEE
THURSDAY, MARCH 17, 2022 at 4:00 P.M.
Meeting Location: Ithaca Town Hall, 215 N. Tioga Street
Aurora Conference Room
(Enter from the rear entrance of Town Hall, adjacent employee parking lot.)
Members of the public may also join the meeting virtually via Zoom at
1-ittp-s.//u,sO(6web.zooi-n.Li,,,/j/675059'-3272.
AGENDA
1. Persons to be heard.
2. Committee announcements and concerns.
3. Consider approval of February meeting minutes.
4. Discuss zoning change request for 1296/1298 Trumansburg Road (Hayts Chapel and
Schoolhouse) from Medium Density Residential to Limited Historic Commercial Zone
(LHC), and explore potential modifications to allowed uses in LHC.
5. Continue discussion of the draft Inlet Valley Overlay Zone proposal.
6. Continue discussion of draft Community Choice Aggregation Local Law proposal.
7. Staff updates and reports.
8. Discuss next meeting date and upcoming agenda items.
A quorum of the Ithaca Town Board may be present, however,
no official Board business will be conducted.
Town of Ithaca Planning Committee
Thursday, February 24th, 2022
(1:30 PM via Zoom)
Draft Minutes
Committee members: Rich DePaolo, Chair; Rod Howe, Margaret Johnson
Board/Staff members: Director of Planning, Sue Ritter; Director of Code Enforcement, Marty
Moseley; Planner, Dan Tasman; Sustainability Planner,Nick Goldsmith; Planning Admin. Asst., Abby
Homer
Guests: Bruce Brittain, Doug Brittain
1. Persons to be heard: Guest Bruce Brittan briefly commented on the Community Choice Aggregation
(CCA) draft law scheduled for later in the meeting and questioned why the Town wants to implement it.
He stated that it won't increase the amount of renewable energy being produced and questioned what
benefit there is when you can't choose the actual type of energy you get, only whom you pay. Doug
Brittan added that the goal should be to help take local measures to reduce global warming, such as
reducing energy consumption and making more green energy.
Rich briefly noted that CCA version 3.0 is said to possibly include incentives for locally produced
sources of green energy, along with the version 2.0 buying club. The Town of Ithaca Energy Code
Supplement was referenced as encouraging reduced fossil fuel use by applying conservation methods
and green building practices. Rich noted the draft local law would be discussed later in the meeting and
written comments are always welcomed at any time as well.
2. Committee announcements and concerns: None.
3. Consider approval of January meeting minutes: Rod moved; Margaret seconded. January
2022, Minutes were approved with minor change in the last paragraph of the first page, the word"of'
was added before NYS and the word"provision"was changed to "designation".
4. Continue discussion of the Inlet Valley Overlay Zone proposal: The committee focused on the
proposal's draft use table. Planner Dan Tasman provided staff recommendations for permitted uses in
the existing zoning districts under the corresponding overlay zone. It was noted that the uses within the
overlay area would supersede, not supplement the existing zoning for the area. The tables listed
permitted uses with definitions, conditions, and symbols denoting whether the use was allowed, not
allowed, or allowed with special permit within the two overlays identified as IV-C (Inlet Valley Center)
and IV-T (Inlet Valley Transition). It was mentioned that the attorney revisions from the prior draft
version of the proposal would also need to be revisited by the committee.
The use table was reviewed in detail with the following areas having comments, questions, changes or
further need of investigation:
D. Lodging principal uses:
2) Hotel/Motel- should there be a maximum size threshold? Obtain comparisons with other area
hotel/motels and revisit.
1
3) Campground—noted as having health department regulations, as well. The likelihood of
being appropriate for the IV-Center overlay was discussed. The draw would likely be from
overflow from the nearby State Parks. Allow use in the IV-Transition Overlay area only with
special permit. Add a setback of 200 feet from the right-of-way.
E. Commercial principal uses:
3) Farm Stand-may need to add definition in zoning;provisions in the AG and LDR zones are
not consistent. Size thresholds, etc., need to be added.
5)Professional office-the Committee agreed to allow adaptive reuse of historic structures in the
IV-T/LDR as well as in IV-C/LDR with special permit.
6) Restaurant/cafe/bar- the Committee agreed to allow adaptive reuse of historic structures in the
IV-T/LDR as well as in IV-C/LDR with special permit. A size not to exceed 2,500 ft2 feet was
recommended. The Taproom at Ithaca Beer Co. was referenced as a size for comparison.
8) Retail, service and office: Inlet Valley Character- The list was intended to be exhaustive,
therefore the uses "include" should be changed to "are". Other appropriate ideas like ice cream
stand, dog day care and beer store were not opposed to being added to the list. For uses
conditioned with special permit, a gross floor area up to 10,000 ft2 was agreed upon.
11) Retail store: food or grocery & 12) Winery/Distillery/brewery/cidery, all were approved for
floor area limits of up to 10,000 ft2 with special permit, and 5,000 ft2 without.
F. Industrial and semi-industrial principal uses:
1) Industrial use: low impact- all agreed to floor area limits of up to 10,000 ft2 with special
permit. The idea of shrinking the LI(Light Industrial) zone along the corridor and replacing it
with to NC (Neighborhood Commercial) was briefly discussed but determined not necessary at
this time.
Further discission of the use table will begin at the next Planning Committee meeting with section G.
Civic Principal uses.
5. Discuss draft Community Choice Aggregation Local Law proposal. Draft 2 of the proposed local
law to establish a Community Choice Aggregation (CCA) Energy program in the Town of Ithaca was
distributed to committee members. Rich gave a brief history of the document, work group progress with
the consultant, and outstanding provisions from prior discussions were highlighted in blue. It was noted
that the local law is the first step to establishing a CCA and then work would begin with NYS Public
Service Commission for approvals of elements such as the financial plan, implementation plan, and
other specifics for the program itself. The other municipalities involved in the initial grant would be
brought back in for the implementation of the program. The Town and City of Ithaca were identified as
the initial entities to begin the process and program.
The broad concept of a buying club with bulk purchasing power was explained. Small residential and
small business users would be automatically signed up,but with an option to opt out. Large demand
users would need to choose to opt in to be a part of the program. Given the automatic opt-in element,
2
and a potentially sizeable participant pool, the program has the potential to make a significant positive
impact.
Sustainability Planner Nick Goldsmith noted there were additional details to be worked out, such as the
specific roles of the administrator, financing/loan element(Town separate from City) and distributed
energy resources on municipal property. These were among the items needing additional details and
discussions.
Rod followed up stating that there may be elements that the Town, City, and other municipalities focus
differently on, however the basic concept needs overall agreement. The consultant has been asked to
identify the major concept elements to help involved municipalities understand the focus area that best
suits their individual needs. The complexity of the issue was noted and the newness of the CCA concept
to NYS in general.
Rich's questions and concerns were related to equity/shares, opt in/opt out customers distinctions, what
baseline was used for the town fleet emissions reduction level projections, profit/investor, administrator
components and references in the local law (i.e. template used, language related to the Town as
collaborating administer, opaque pricing/rates,performance guarantee up front as cost saving incentive,
and who guarantees these items to the consumers). Many of these items will be detailed further once the
overall concept and law is adopted,but Rich expressed concern that the Town not be locked into
program details before there is further development.
Moving forward with the conceptual piece, with the understanding that program details would be
clarified and worked out, was generally agreed to. The proposed local law was considered an initial
step, providing the impetus to further develop the details of the CCA program for the town. The full
committee will further discuss the proposed local law at the next meeting in March.
Rod and Margaret were excused from the meeting.
Rich proposed an internal meeting with Nick and Rod to identify the areas of greatest concern for the
consultant to specifically address. A mid-March status update meeting with the other interested
municipalities was also noted.
6. Staff updates and reports: Sue reported as having no new information on any pending projects.
There are no updates on the RaNic proposal and nothing new to report concerning the Arrowwood
Dr./Tareyton St. property owned by Cornell. Staff anticipates hearing soon from the consultants
working on the South Hill TND regulating plan.
7. Next meeting date and upcoming agenda items: next meeting March 17th, 2022. Topics: Draft Inlet
Valley Zoning Overlay to include use table and revised language of all other sections; draft CCA Law.
The Planning Committee meeting concluded at 3:18 pm.
3
11 March 2022
Dear Members of the Ithaca Town Board,
I am writing to request your guidance and approval for the conversion of my property at 1296-1298
Trumansburg Rd., Ithaca, NY from Medium Density Residential Zoning to Limited Historic
Commercial Zoning, and for special permit (see Ithaca Town Code 270-142.5) to use the buildings,
which are both designated as principal structures, for temporary lodging, much like a small inn or
bed and breakfast.
The two buildings on the property are Hayt's Chapel and Schoolhouse, built in the early 1800's by
Charles Hayt, a prominent early settler of Ithaca and a staunch abolitionist. Hayt donated the
property on which the Chapel was built in 1842 to accommodate parishioners of West Hill after they
left the First Presbytarian Church due to the pro-slavery views of the reverend at the time. In
addition to serving as an abolitionist meeting place, the Chapel is well-documented as part of the
Underground Railroad. The Schoolhouse,which predates the Chapel by about 10 years,was still
used as a school until the 1950's and is now one of the last remaining one-room schoolhouses in the
area. Both buildings are listed on the State and National Register of Historic Places.
The significant history of these buildings is a large part of what drew me to the property. In March
of 2013 my ex-partner and I bought Hayt's Chapel and Schoolhouse from Sal and Rosalind Grippi.
After purchasing the property,we lived in the Chapel for several years, but after a difficult
separation, I needed to move off the property for personal reasons. To be able to cover the cost of
rent in downtown Ithaca, I listed the Chapel on Airbnb. After several more years of dispute, I am
now the sole owner of the property, and preserving the important history of the Chapel and
Schoolhouse is my highest priority for the property.
Listing the Chapel for short stays helped me get through a very difficult period of my life, but it has
also turned into one of the best uses I can imagine for the property for three major reasons. First
and foremost, the building requires more care than a normal house due to its age and unique
structure, and in between guests I can go in to check on it and do any necessary upkeep, or chip
away at projects. Secondly, the income generated by the shorter stays is greater than from a long-
term rental, and I have been able to save up for major restoration projects, such as re-setting the
boulder foundation and restoring the windows,which are still the originals. Finally, I have found
that sharing the space with both visitors and locals has been an incredible opportunity to spread the
history of the property, and Ithaca's abolitionist history, and I hope to be able to work with Historic
Ithaca to do more.
Property Plan
For the purposes of restoration and preservation,I am requesting to be able to continue with the
temporary lodging model in the Chapel, and for the option to do so in the Schoolhouse as well.
Although there is currently a full-time tenant in the Schoolhouse, she shares a similar love for the
property and has been incredibly patient with my needing to regularly work on the building. If she
moves away, a new tenant with similar perspective will be difficult to find, and the Schoolhouse
would greatly benefit from more regular attention.
Both buildings have open floor concepts with a kitchen, bathroom, bedroom partition and plenty of
extra open space for dining and sitting areas, and the safe placement of a second bed. Each space
would be appropriate for up to 4 guests,with 8 total on the property at a time. The property,which
is just under a half acre, has a gravel driveway that runs between the two buildings and attaches
Trumansburg Rd. to Hayt's Rd.,with easy access and exit from both ends. At the Hayt's Rd. side,
the driveway begins with a cement parking area large enough for two cars.There is plenty of space
for parking along the driveway,including two spots where guests currently park for the Chapel, and
I plan to install permeable pavers in specific spots to accommodate up to 4 vehicles.
I have attached diagrams of the property and the interior spaces,including bed, exits, and parking
locations. The property is adjacent to cemetery on the west side,woods (owned by Northeast
Pediatrics) on the south side, more cemetery to the north across Hayt's Rd., and commercial medical
offices to the east across Trumansburg Rd. The lack of any residential properties adjacent or nearby
the property also supports the possibility for light commercial use.
My hope for Hayt's Chapel and Schoolhouse is that I can preserve and share its history for many
decades to come. My current model of use for the Chapel not only gives me financial means and the
time to do so but has proven to be an excellent outlet for sharing the history that is the basis for my
hard work and care for the property—and I hope to do much more to this end!
Many thanks for your time and consideration,
Alexa Schmitz
Owner, Hayt's Chapel and Schoolhouse
1296-1298 Trumansburg Rd., Ithaca
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3/11/22, 1:39 PM Town of Ithaca,NY Ecode360
Town of Ithaca, NY
Friday, March 11, 2022
Chapter 270. Zoning
Article XVIIIA. Limited Historic Commercial Zones
[Adopted 1-4-2011 by L.L. No. 2-2011]
270-142.2. Purpose.
The purpose of the Limited Historic Commercial Zone is to promote the preservation, protection, and
enhancement of significant historic resources in the Town of Ithaca by allowing a wide range of reuse
and redevelopment options, while also ensuring the compatibility of redeveloped historic properties
with neighboring residential and other uses. In particular, one of the purposes of the Limited Historic
Commercial Zone is to facilitate preservation and protection of historically significant residential
buildings by authorizing uses that will provide a wide range of opportunities for making such
preservation and protection financially feasible.
§ 270-142.3. Eligibility and reversion.
A. The Town Board may rezone areas to Limited Historic Commercial upon application for a specific
proposal in accordance with the rezoning procedures in Article XXII, Procedures for Creation of
New Zones. Such rezoning shall lie in the sole discretion of the Town Board, as a legislative body.
No owner of land or other person having an interest in land shall be entitled as a matter of right to
have the land rezoned. Such rezoning will be considered only for:
(1) Buildings or structures that are listed on the New York State and/or National Registers of
Historic Places; or
(2) Buildings or structures that have been determined to be eligible for listing on said Registers of
Historic Places; or
(3) Buildings or structures that have been identified as potentially significant in the Town of Ithaca
Historic Resources Survey (Final Report for the Intensive Level Survey, September 2005, as
it may be revised or updated from time to time).
B. The Town Board may, in its legislative discretion, rezone a property to Limited Historic
Commercial, provided it makes the following findings regarding the application:
(1) The buildings or structures meet one or more of the criteria in Subsection A above; and
(2) The application serves to implement the legislative intent and purposes set forth in this article.
C. Once rezoned, the Limited Historic Commercial Zone designation shall remain in effect as long as
the buildings or structures for which the historic designation was given remain on the site in
reasonably good condition so as to preserve exterior architectural features (including but not
limited to exterior walls, roofs, windows, eaves, door surrounds, foundations and exterior
chimneys), and in addition their exteriors are maintained in a manner that preserves their historic
integrity. If the Town Board after a public hearing determines that the buildings or structures are
not in reasonably good condition or the exteriors are not being maintained in a manner that
preserves their historic integrity, then the Town Board shall undertake the appropriate procedures
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to remove the property from the Limited Historic Commercial Zone and rezone the property to the
zoning designation in effect immediately prior to the creation of the Limited Historic Commercial
Zone, unless in the interim there has been a general rezoning of the area surrounding the
property, in which event the Town Board shall rezone the property to the same zoning as then in
effect along a majority of the perimeter of the property.
D. If the historic buildings or structures are demolished, or if the historic buildings or structures are
destroyed in whole or part by any means so that the destruction exceeds 50% of the assessed
values of the buildings or structures in effect immediately prior to the destruction, the zoning for
the property shall automatically revert to the zoning designation in effect immediately prior to the
creation of the Limited Historic Commercial Zone, unless in the interim there has been a general
rezoning of the area surrounding the property, in which event the zoning shall revert to the same
zoning as then in effect along a majority of the perimeter of the property.
E. If at the time of creation of a Limited Historic Commercial Zone the historic buildings or structures
in the zone are listed, or are eligible for listing, on the New York State and/or National Registers of
Historic Places, and they subsequently are no longer listed or lose their eligibility for listing, the
zoning for the property shall automatically revert to the zoning designation in effect immediately
prior to the creation of the Limited Historic Commercial Zone, unless in the interim there has been
a general rezoning of the area surrounding the property, in which event the zoning shall revert to
the same zoning as then in effect along a majority of the perimeter of the property.
F. Notwithstanding anything to the contrary in this chapter, if a property is rezoned pursuant to
Subsection C above or the zoning for the property automatically reverts as provided in
Subsections D or E above, then any existing use that had been permitted pursuant to this section
but is not permitted as a result of the rezoning or reversion shall terminate by no later than one
year from the date of the rezoning or reversion. Such nonconforming use may be extended upon
application within the one-year period for a special approval for such extension from the Board of
Appeals. Such approval shall not be granted unless the applicant establishes and the Board of
Appeals finds that, notwithstanding the one-year period for amortizing the nonconforming use,
termination of the nonconforming use would cause serious financial harm to the property owner
not balanced or justified by the advantage to the public accruing from the cessation of such use.
In making this determination the Board shall consider, among other factors (including the factors
set forth elsewhere in this chapter relating to the issuance of special permits or approvals), the
nature of the nonconforming use; the cost of converting to a conforming use; the amount of the
applicant's investment in improvements erected on the property that existed on the date of the
zoning change or reversion; the condition of such improvements; the detriment caused by the
nonconforming use; the character of the neighborhood; the depreciation of buildings and other
fixed capital improvements taken for income tax purposes; the detriment to the property owner
caused by the cessation of the use; and whether an additional reasonable amount of time is
needed by the owner to amortize any substantial and unrecovered costs associated with the
nonconforming use. In making its determination the Board shall disregard, as irrelevant, any costs
incurred after the rezoning or reversion for purchase of a nonconforming building, property or use
or costs to repair, maintain, improve or enlarge a nonconforming building, property or use. If the
extension is granted, the Board of Appeals shall set a fixed additional period for the extension of
time before the nonconforming use must be terminated.
270-142.4. Permitted principal uses.
Only the following buildings, structures or uses are permitted as a matter of right in a Limited Historic
Commercial Zone:
A. A one-family dwelling to be occupied by no more than:
(1) One family; or
(2) One family plus no more than one boarder, roomer, lodger, or other occupant.
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B. A two-family dwelling, provided that each dwelling unit is occupied by no more than one family.
C. Publicly owned park or playground including accessory buildings and structures and
improvements.
270-142.5. Principal uses authorized by special permit only.
The following uses are permitted in a Limited Historic Commercial Zone, but only upon receipt of a
special permit for same from the Planning Board in accordance with the procedures set forth in this
chapter:
A. Clubhouse, lodge, community center.
B. Mixed-use commercial and residential, provided the commercial use is a use that would be
permitted in the Limited Historic Commercial Zone if it were not in a mixed-use facility.
C. Bed-and-breakfast.
D. Churches or other places of worship.
E. Public, parochial and private schools, public library, public museum, nursery school, and any
institution of higher learning.
F. Visitor center for tourists.
G. The following retail uses provided that the interior floor area is 4,000 square feet or less:
(1) Retail food store/grocery.
(2) Retail sales of candy, ice cream, gifts, flowers, and similar small items.
(3) Arts and crafts gallery/studio.
(4) Photography store/studio.
(5) Drugstore/pharmacy.
(6) Florist.
(7) Bakery.
(8) Bookstore or newsstand.
(9) Antique sales and repair.
(10) Jewelry sales, design and repair.
(11) Musical instrument sales and repair.
H. The following personal service and office uses provided that the interior floor area is 4,000 square
feet or less:
(1) Bank or other financial institution.
(2) Barbershop or beauty parlor.
(3) Restaurant or coffee shop.
(4) Caterer.
(5) Optician.
(6) Interior decorator.
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(7) Repair shops where goods are repaired by hand using hand tools or small-scale equipment,
but excluding vehicle repair garages.
(8) Tailor or dressmaker/designer.
(9) Massage therapy.
(10) Picture framing.
(11) Business, medical, dental, professional, or government office, but excluding a medical or
dental clinic.
I. Any other lawful use, not otherwise specifically referred to in this article, that the Planning Board
finds is substantially similar to any of the uses listed in Subsections G or H above and does not
have greater adverse effects upon traffic, noise, air quality, parking, or any other reasonably
relevant attribute, than a use listed in Subsections G or H.
270-142.6. Permitted accessory uses and structures.
In addition to accessory buildings, structures and uses authorized in all Commercial Zones, the
following accessory buildings, structures and uses are permitted as of right in a Limited Historic
Commercial Zone:
A. Up to three accessory buildings other than a garage, all such accessory buildings in the
aggregate not to exceed a total of 600 square feet in size unless the lot is three acres or larger, in
which event the aggregate area of the accessory buildings may not exceed 2,000 square feet.
B. Adult day-care facilities serving no more than four clients at any one time.
§ 270-142.7. Yard regulations.
In Limited Historic Commercial Zones, yards of at least the following dimensions are required:
A. Front yard: Not less than the average depth of the front yards of buildings on lots immediately
adjacent. However, the front yard depth shall not be less than 15 feet nor need it be greater than
25 feet.
B. Rear yard: Not less than 15 feet in depth.
C. Side yards: None required with respect to buildings all on the same lot, but not less than 15 feet
from any structure to a side property line, except that in one of the side yards a one-story garage,
either attached to the principal building or separate therefrom, may be 10 feet from a side line
which is not a street line.
D. Accessory buildings: Accessory buildings other than garages may not occupy any open space
other than a rear yard. Accessory buildings, in the aggregate, may occupy not more than 40% of
any required rear yard and, if other than a garage, shall be not less than three feet from any side
or rear lot line. Any accessory building on a corner lot shall not be less than five feet from the rear
lot line.
§ 270-142.8. Additional special requirements.
In addition to the additional special requirements in § 270-122, the following additional special
requirements shall also apply in the Limited Historic Commercial Zone:
A. Where the requirements in this article conflict with requirements in other sections of this chapter,
the requirements in this article shall prevail in their applicability to a Limited Historic Commercial
Zone.
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B. Building conversions, alterations, additions, reconstructions, repairs, signs, and other site
elements shall be compatible with the historic and architectural character of the buildings or
structures that have been designated or identified as having historic significance as outlined in
§ 270-142.3 of this article. This requirement shall apply to the exteriors of buildings, structures
and site elements, not to their interiors.
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Inlet Valley overlay district
270 171.1 Purpose
The Inlet Valley area has an important role in the regional tourism economy. The overlay district is designed to achieve the
town's vision for economic development in the Inlet Valley through
• encouraging the ongoing establishment and growth of outdoor recreation,tourism and agriculture-culinary related uses,
• recognizing the importance of existing commercial and light industrial uses,and
• providing a broader nix of residential and other appropriate land uses.
The overlay d446c�tsz A44 d.i.rIrict.a.inns to preserve and build upon the most appealing aspects of the Inlet Valley's rural and
agricultural character,and enhance the area's appeal as a recreational destination among residents and visitors.
The outcome of development under these provisions will add to the area's tourism and transportation assets;enhance the
synergistic relationship between the area's businesses and attractions,and reinforce its sense of place.
270 1712 Oveday zoines
The Inlet Valley overlay district includes two overlay zones.
• IV-C:Inlet Valley Center.This overlay zone intends to foster a compact mix of destinations. It is centered generally
around the existing light industrial,neighborhood commercial and planned development zoning districts.
• IV-T Inlet Valley Transition. This overlay zone provides a transition from the IV-C overlay zone to surrounding lower
density residential and agricultural zoning districts.
270 1713 Overview
A. How the overlay district works
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E.B. Review process
Applicable projects in the Inlet Valley overlay district must follow the review and approval procedures in Article XXIII Site Plan
Approvals,except in cases that allow administrative review(270-171.I4� Commented[SB4]:Wrong ate J
Applicable prcjects�must also meet design requirements of this section for any new or modified design elements Commented[SB5]:Explain what"applicable projects"
270...171.54.Area and I '.l. I o lir 'iiou w u�iil n
Area and bulk requirements for non-residential sites and uses are in the following table.
Area and bulk requirements in the base zoning district apply to residential sites and uses.
Area and bulk requirements:non-residential
Front/ Lot building Lot
Interior side Building landscape/
Overlay zone Lot size corner side setback Rear setback height(max) coverage open area
setback (max)
(coverage Commented[SB6]:Explain what"lot landscape/open
IV-C >_30,000" >_30' >_20' >_40' <_40' <_30% >_30% area"means
IV-T >_30,000" >_40' >_40' >_50' <_38' <_20% >_50%
4r+ 5d W'tdiall-Et sas,a s arm a k...reFytrrckti+ter t'<f...th+-I 'aa z:rr a (4 tWikt gar -0.i¢as( Commented[SB7].Deleted because duplicative of the 1
Maximum height requirements do not apply to buildings and r thr e structures used for agriculture. sentence above the table J
2
270...1 1. . IPerimitted ruses
A. Permitted uses in general
Permitted uses and structures in the Inlet Valley overlay zones are in the following tables. These tables supersede lists of
permitted principal and accessory uses of the base zones. All other applicable performance standards and special
requirements in the base zone apply.
A J symbol in a column means the overlay allows the use in the base zone.
A•symbol means the overlay does not allow the use in the base zone.
If a use isn't in any of these tables,the overlay doesn't allow the use,even if the base zone normally allows it.
A(�)symbol identifies uses that need special permit approval by the Planning Board. (See Chapter 270 Article 26;Special
Permits and Special Approvals.) Special permit approval criteria in Chapter 270 apply. The Planning Board may impose
reasonable conditions on a use,as part of its findings during special permit review.
The definition elsewhere in Chapter 270 for a use applies to uses in these tables,unless there is a different definition listed in
the"use"column.
Uses are mutually exclusive. A use with a broader scope does not include a more specific use type that the table also lists or
describes.
These provisions consider each principal use as if it stands alone,even if that use is functionally integrated with other defined
uses. (Example:if a place of worship has an elementary school,overlay provisions consider the place of worship and school as
separate uses.)
B. Agricultural principal uses
Agricultural and agritourism-related uses that a base zone allows are also allowed in the same zone in the Inlet Valley overlay,
under the same conditions and limitations.
C. Residential principal uses
Residential uses that a base zone allows are also allowed in the same zone in the Inlet Valley overlay,under the same
conditions and limitations.
D. Lodging principal uses IV-C overlay IV-T overlay
✓=permitted use •=use not allowed =needs special permit approval LDR I INC LI AG ; LDR
1)Bed and breakfast inn ✓� ✓ J J ✓�
Detached house with 2-4 guest rooms for overnight stays by paying guests.
Conditions:
Occupancy:Must be the proprietor's primary home.
Time:Guest room occupancy may only be on a daily or longer basis.
2)Hotel/motel ✓� ✓ ✓
Facility with>_5 guest rooms for overnight stays by paying guests.
Conditions:
• Time:Guest room occupancy may only be on a daily or longer basis.
3
D. Lodging principal uses IV-C overlay IV-T overlay
✓=permitted use •=use not allowed =needs special permit approval LDR INC LI AG ; LDR
3)Campground ✓� ✓�
Use of a site for daytime or overnight camping with tents or similar structures.
Conditions:
[♦conditions:setbacks,min lot size,min campsite area,tent area,spacing between
campsites,resource protection,type of campground(Low impact?Transient?
Vacation/resort?),occupancy time limits,etc. No regulations in existing zoning.]
(♦Should we even allow campgrounds?]
Formatted Font:(Default)Segoe'UI,Check spelling
and grammar J
E. Commercial principal uses IV-C overlay IV-T overlay
✓=permitted use •=use not allowed =needs special permit approval LDR INC LI AG ; LDR
1)Adult entertainment Jos
Definition:see Town Code§ 700:adult uses.
Conditions:
•Must meet all applicable requirements of§270-145,including location criteria.
2)Day care center J� ✓ ✓ J� J�
Any of these services to unrelated children or adults in a protective setting.
•Child day care(18 NYCRR§418.1),small day care(18 NYCRR§418.2),school-aged child
care(78 NYCRR§414).
•Adult day health care(10 NYCRR§425),social adult day care(9 NYCRR§6654.20).
3)Farm stand ✓ ✓ ✓ J ✓
Sale of produce or value added farm or food products(NYAGM§282.2),largely outdoors,in a
farm setting.
Conditions:
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4)Personal services.health/fitness ✓� ✓ ✓ ✓� l
Indoor space and equipment for exercise and physical fitness to the public. (Examples:health/ Formatted:Font (Default)Segoe Ul
fitness club,gymnasium,cycling/circuit training studio,personal trainer,yoga studio,day spa, (Formatted:Font:(Default)Segoe Ul J
martial arts studio.) (Formatted:Font:(Default)Segoe Ul
Conditions:
• Gross floor area may be<_5,000"in the IV-C overlay,and<_2,500"in the IV-T overlay.
5)Professional office ✓ ✓
Professional,administrative,clerical,outpatient medical or allied health care,design,or
technical service.Includes government offices.
Conditions:
• Gross floor area may be<_2,500".
♦Allow adaptive reuse of historic structures in IV-T/LDR with(s)special review?
6)Restaurant/cafe/bar Jos ✓ ✓
Preparing or serving meals or drinks to customers onsite or delivery offsite.
Conditions:
• Gross floor area may be<_5,000".
♦Allow adaptive reuse of historic structures in IV-T/LDR? Csj specialreview?
♦GFA limit if we allow It in IV-T/LDR?(s)special review?
4
E. Commercial principal uses IV-C overlay IV-T overlay
✓=permitted use •=use not allowed =needs special permit approval LDR I NC LI AG ; LDR
7)Retail and service:general ✓�s ✓ J
Sale or rental of a physical or intangible product to the public,or providing a service to
customers onsite. It does NOT include display,sale,lease,rental,servicing,repair,cleaning,
fueling,or modification of
m Motor vehicles,trailers,motorcycles,powersports equipment,recreational vehicles,utility
vehicles,or similar items;or related parts or accessories.
m Home spas,hot tubs,saunas,or swimming pools.
m Bulk or loose lumber,bricks,cladding,mulch,soil,gravel,and similar raw or finished
materials.
m Movable or pre-fabricated buildings,sheds,gazebos,decks,or other structures.
m Equipment or machinery designed to be towed by a vehicle.
m Light and heavy construction,earthmoving,or demolition equipment.
m Air compressors,generators,mobile pumps,or similar items.
m Accessories related to the items above.
It also does NOT include
m Wholesale businesses not catering to the public.
m Vending machines,automated teller machines,unattended sales,or storage as a principal
use.
m Businesses where>_20%of the inventory,business trading,or floor area is outdoors or
not in a fully enclosed building.
Conditions:
• Gross floor area must be<_2,500'2.
8)Retail,service,and office:Inlet Valley character ✓� ✓* ✓*
Specific retail or service use that help shape and reinforce the Comprehensive Plan's vision for
the Inlet Valley area. These uses ir4F.-W(Jsare:
Bakery(retail)
Bicycle and electric assist bicycle sales and rental(including accessories)
Arts and crafts studio.
Industrial arts studio,where people make art or artisanal products by hand;using handheld
or tabletop/benchtop tools,or similar small footprint(<_6'2)machine tools or 3D printers;and
display and sell it onsite.(Examples:metal and wood sculptures,glass blowing,ceramics.)
B Machine shops are NOT industrial arts studios.
Outdoor recreation or sporting goods sales or rental(B NOT including powersports items).
Veterinary practice,which may have short-term boarding for recovery and observation,but
not general overnight boarding.
♦Other uses? Doggie day care,beer/wine sales,something else?
♦Should there even be a separate category for"character"uses?
The use may also include related on-site educational programs or classes.
Conditions:
Gross floor area must be<_5,000'2.
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9)Retail plant nursery " l
Retail sale of plants,and related home garden equipment supplies and accessories,to the Formatted No underline
general public.
Conditions:
Must be registered and certified as a nursery dealer by the New York State Department of
Agriculture and Markets.
5
E. Commercial principal uses IV-C overlay IV-T overlay
✓=permitted use •=use not allowed =needs special permit approval LDR I NC LI AG ; LDR
10)Retail store:food or grocery ✓u. ✓*
Retail sale or food or groceries to the general public.
Conditions:
May have limited seating for consumption of food on the premises,but only as 33%of
gross floor area.
Gross floor area may be<_S 0001...'/3s(u3 z.
'k OSS...lIOO.Y...is Y.C`u....Yr.ay be S 000'to 10 000"wll lr vI7(`f..i.�3.�...I7(:!Y'rY1 it'.al)Y2m..va�.:.
11)Retreat/event venue J® ; ✓� ✓� ✓� J®
Use of land and designated structures for gatherings or events(examples:wedding,private
party,fundraiser event,training event,conference reception).
Conditions:
• A retreat/event venue may have<6 guest rooms or suites for overnight accommodation
as an ancillary use,only in conjunction with a hosted event.
Indoor event space gross floor area may be<6,000".
This use needs site plan and special permit review. (Site plan and special permit review are
not needed for each event.)
12) Winery/distillery/brewery/cidery ✓� ✓� ✓� ✓� Formatted:Tab stops: 0.06,Left
Winery,distillery,brewery,or cidery,sales of product made onsite,and related tasting rooms.
Conditions:
Gross floor area may be<_5,000,2.
Thr...fo to iric; al tions creed additional sm l ial a rmit a.I prc rv�sl.
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(—le or cidex).:.
F. Industrial and semi-industrial principal uses IV-C overlay IV-T overlay
✓=permitted use •=use not allowed =needs special permit approval LDR I NC LI AG ; LDR
1)Industrial use:low impact ✓*
Manufacture mostly from previously prepared materials,preparation,processing,or repair of
products for distribution or sale;with no detectible offsite impacts.
Conditions:
Gross floor area may be<_5,000,2.
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6
G.Civic principal uses IV-C overlay IV-T overlay
✓=permitted use •=use not allowed =needs special permit approval LDR NC LI AG ; LDR
1)Community workshop ✓� ✓ ✓
Facility for people to learn,experiment,invent,or make things using shared tools and
resources,in a collaborative setting.(Examples:makerspace,hakerspace,community kitchen.)
Conditions:
• Gross floor area may be<_10,000".
2)Cultural facility ✓ ✓ J'*
Facility for display,performance,or enjoyment of heritage,history,arts,or sciences.(Examples:
museum,gallery,library,visitor center,indoor arts performance venue by a public or private
entity.)
Conditions:
Gross floor area may be<_10,000,2.
(♦suggested condition)
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3)Farmers market(permanent site) ✓� ✓�
Retail marketplace,mostly under an unenclosed structure,where merchants sell their products (Formatted:Font (Default)Segoe UI,Superscript J
directly to consumers.It does not include grocery or convenience stores,or resellers. (Formatted:Font:(Default)Segoe Ul J
Conditions:
•Location:As a principal use,may only be on a site that is improved for permanent or
interim occupancy.
Needs special permit and site plan review approval by the Planning Board.
As an intermittent,temporary,or accessory use:see accessory uses category(table J).
4)Gallery:specialty vintage ✓� ✓�
Museum open to the general public,displaying a collection of antique or vintage items,
including farm equipment,tractors,cars,boats,bicycles,steam engines,textiles,glassware,
wines,or similar items of interest.
Conditions:
(♦suggested conditions)
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Conditions:
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6)Place of assembly ✓ J®
Facility used for public/resident assembly for worship,meeting,government,or community (Formatted:Font (Default)Segoe Ul J
purposes.(Examples:religious or secular congregation,community center,common house,
amenity center.)This includes typical ancillary uses.(Examples:meeting room,kitchen,exercise
room,laundry room,workshop,day care center,offices.)
7
G.Civic principal uses IV-C overlay IV-T overlay
✓=permitted use •=use not allowed =needs special permit approval LDR I NC LI AG ; LDR
8)Private club/lodge ✓� ✓ ✓ ✓�
Facility of a nonprofit private club or organization,mostly open only to club members and
their guests.(Examples:service or lodge-based organization,social club,veterans'club,labor
union.)
9)Public safety J� /�s /�s ✓�
Police or fire station,ambulance service,or other public safety service
10)School:primary/secondary ,/(s ✓�
NYS recognized school for primary or secondary(K-12)education.
H. Utility and communication uses IV-C overlay IV-T overlay
✓=permitted use •=use not allowed =needs special permit approval LDR NC LI AG ; LDR
1)Solar energy system(as a principal use)
2)Utility:municipal or public ✓ ✓ ✓ ✓ ✓
Facility for collecting,processing,or distributing a public utility commodity.(Examples:
electrical substation,water tank and pumps,lift station,telephone switch.)
Conditions:
•Landscaping requirements in§270-171.7 E also apply to utility facilities.
•A utility facility that is not in an enclosed building(example:open air electrical substation)
must meet these requirements.
Siting must be as unnoticeable from the public realm and residential uses as possible.
Screening:
Height:tall enough to conceal the equipment,up to 12'.
Materials:brick or stone(real or simulated/precast);split face block.
Opacity:wall 100%opaque,gates>_75%opaque.
3)Wind energy facility,small(as a principal use)
8
H. Utility and communication uses IV-C overlay IV-T overlay
✓=permitted use •=use not allowed =needs special permit approval LDR I NC LI AG ; LDR
4)Wireless facility ✓ ✓ ✓ ✓ ✓
Equipment,structures,and site or designated area used to transmit or relay commercial or
broadcast wireless services.(Examples:cellular/PCS/AWS service,fixed wireless Internet,
broadcast or television transmitter and antenna.)
Conditions:
Zoning Code review process and requirements for telecommunications facilities in the base
zone(§270-219)apply. These rules also apply.
Design-outside wall:
An antenna must be as architecturally integral to its host structure as possible;ideally
concealed in existing or new architectural elements,or the fa4ade plane.
If visible mounting is unavoidable,an antenna and shroud must be as flush to the wall as
possible,match the mounting surface color,and not project past any corners or edges.
Design-flat roof:
An antenna must be concealed in an existing or new architectural element,or on a
screening structure,where possible.
If visible mounting is unavoidable,an antenna and shroud may be<_10'above the roof
height,must be as close to the middle of the roof as technically possible,and match the
most prominent building color.
Design-sloping roof:An antenna and equipment on a sloping roof must be concealed in
a dormer,cupola,chimney,or similar element.
Design-pole/tower:Color of a monopole,unipole,or small cell/DAS pole,and anything
mounted on it,must make it blend into its surroundings as much as possible.
Equipment:Screening requirements for mechanical equipment and service functions in the
Inlet Valley overlay apply.
• Siting: Freestanding facilities must be in a rear yard where possible.
J. Accessory uses and single purpose structures IV-C overlay IV-T overlay
✓=permitted use •=use not allowed =needs special permit approval LDR NC LI AG ; LDR
1)Antenna:radio hobbyist ✓ ✓ ✓ ✓ ✓
Outdoor antenna,and tower or supporting structure(if any),for amateur radio or other radio
hobby use.
Conditions:
• Zoning Code requirements for amateur radio facilities in the base zone(§270-219.3)
apply.
2)Day care:home ✓ ✓ ✓
Group family day care(78 NYCRR§476)or family day care(78 NYCRR§477)in a protective
setting,in a dwelling unit.
Conditions:
• Ownership:The operator must live in the dwelling unit as their primary home.
3)Donation collection box
Outdoor container for collecting donations of clothes and nonperishable items.
4)Drive-through facility
Facility for providing products or services to customers in queued or waiting vehicles
5)Farmer's market(recurrent or one time,.as.ari...acc;rssory 1154:) ✓ ✓
Recurring or one-time retail marketplace,where the principal merchants are farmers selling
their products directly to consumers.It does not include grocery or convenience stores,or
resellers.
9
J. Accessory uses and single purpose structures IV-C overlay IV-T overlay
✓=permitted use •=use not allowed =needs special permit approval LDR NC LI AG ; LDR
6)Home occupation ✓ ✓ J
Business activity subordinate to a residential use in a dwelling unit.
Conditions:
• Zoning Code requirements for a home occupation in the base zone(§270-219.2)apply.
7)Outdoor entertainment
Performing arts event or activity that takes place in the open,outside of the enclosed structure
that has the principal use.
Conditions:
I♦suggested conditions]
Outdor entertainment us he . (.)rdiiaF �idirr�iderrt al to he3r,. . i
Time:
....
OiataJr7rrr r.n.P,r,;rt alrrrrre..i.rt,...rn ay takg.;...p�lar:a.oir.(y...i7r twr.F..n...:1?: AM and'3:00 P rrn Sun4�a..y.
hrr aar h Thur�dav arrd lix: U F'M to 1'I:U F'M on Fridaai and Saturda
- P,rrrgalifled outdoor enteOmrrrnrrrrt may takFt...rrlace for as 14�hours in a(.-.a endar Week.
x r al c,vc,rlts with arri..plifiF d outci.rarar c rn rtairrnre nt -....'14 hows irr a r.ale.rrcJ.iar wc,rrk
need a3...noi e 7C`I rinit.
• Sound Noise level of ou.t,dom(.nte t.arrment...pm ma be 70 d1:3(A)at thr.prrape;.Y.a ly iurr:�. � j i
8)Retreat/event venue ✓� ✓� ✓� ✓(s) I ✓�
Use of land and designated structures for gatherings or events(examples:wedding,private
party,fundraiser event,training event,conference reception).
Conditions:
Indoor event space gross floor area must be<_6,000".
This use needs special permit and site plan review. (Site plan and special permit review are
not needed for each event.)
I♦suggested condition]
Sound NoisF.II've.I rrr.ly be '7 dB(P)at PVrr:....Y7rrrY7r rP,rF IlrrFs'for raut4i.riaar enter a.Yr3J.
a;3.L- for ridoor einer1wriment.
9)Solar energy system(non-commercial accessory use) ✓ J ✓ ✓ ✓
[definition in Zoning Code applies]
Conditions:
Regulations for solar energy systems as an accessory use in the base zone(§270-219.1)
apply.These requirements also apply.
Height(ground mounted):<12'at maximum tilt.
10)Wind energy facility,small(non-commercial accessory use) J® ; ✓� ✓� ✓� J®
[definition in Zoning Code applies]
Conditions:
•Regulations for small wind energy facilites as an accessory use in the base zone
(§270-219.4)apply.
s" iinii,s t ,ilr,d a.iird. .... .i.nd.guAd6lhlirme ....and.....standards
A.Intent
Design standards and guidelines promote these aims Commented[S138]:Use parallel structure in the list
• A distinct identity and sense of place for the Inlet Valley corridor. below
• Enhancing the ecological and aesthetic,qualities of the area.
• Accommodating development in the context of a verdant,semi-rural setting by two state parks.
10
• Creativity in architectural design and site planning,while ensuring each building and site fits into and is a positive addition
to the greater community fabric.
• Use of durable,natural,traditional,and sustainable building materials.
• Building for the long term,with design and materials that impart human scale,permanence,visual harmony,and sense of
place.
• A comfortable relationship between people,and the surrounding built and natural environment.
B. Applicability
These f.e atu.1 e.s on a de..v adho2ed to t m.u�sl meetthe. r.e Rho=
a l p 0 ro—ion r certain use,�..mcl situation,.
_CJ
• Bun din I cm-
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If �LI J h.n e is i �Lhw�dngf
J n..vo.i v r.].9 b U.J.1 d i.n: uiren.r.enjts do not
One and two-famil idenc(m.
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.... ................
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...................................... ..
................
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Commented[SB9]:This 211"bullet is confusing and
maybe circular. Need to know which projects D-N
C. Guidelines vs requirements apply to. Cannot state any change in an element D-N
deals with makes the guidelines applicable to a
Sorne cf gie.�&-design provisions are recommendations,while others are requirements. The term"should"expresses a project—otherwise,every time one shingle is replaced,
the guideline would apply.
recommended guideline. "Must"expresses a requirement or duty. "May"expresses permission. ...........
Commented[SBI 0]:Note:I did not try to follow or
visualize many of the design guidelines,as they are in
D. Building design the province of planners and the Town Board
(1) Style neutrality
These architectural design standards are style neutral. They establish a design language of�,-t,-.t,,appropriate forms and mmented[SBI 1]:Missing a word or words here
materials for the Inlet Valley overlay district.
I �Commented[SBI 2]:Delete?
(2) Elevatroin and waIll form
All building elevations must have a distinct base,middle,and top.
Scale,proportions,massing,articulation and design features of street and public facing elevations should enhance the
pedestrian and vehicular experience,and emphasize human scale.
(3) Wall articullatioin
An elevation v100'long must have wall plane projections or recesses with a depth of=S%of the facade length,extending
>20%of the facade length. (Example:100'long elevation,=20'of its length must be set> S'back or forward from the main
facade plane.)
An elevation must not have a blank,uninterrupted length of>2S'without having_2 of these features on each story:
• >05 change in plane.
• change in texture or masonry pattern.
• 15,2 window area.
• door opening.
• other equivalent element(s)that visually divides the wall into human scale proportions.
Side or rear walls may have false windows and door openings defined by frames,sills and lintels,or similarly proportioned
modulations,only when actual doors and windows are not possible because of the building use.
(4) Consistent design on visible elevaCoins
Elevations on a building that are visible from or facing a street must have a similar style and quality of materials,windows,
doors,trim,decorative moldings,and wall articulation.
(5) Building coinstrucCoin
A principal or accessory building fronting on Elmira Road(NY 13),Floral Avenue(NY 13A), 7Seven Mile Drive,Calkins Road,or
any new street created after in-i-tkad adoption of the Inlet Valley overlay district,must not be a prefabricated or
-e.ngineejed,metal structure.
(6) Roof form
Buildings visible from the street should have a sloping roof.
Sloping primary rooflines(not including dormers,entry canopies,or similar accessory elements)must have a roof pitch
between 5:12 and 12:12.
Sloping roofs must have eaves that overhang walls by L 1.5'(perpendicular distance).
Roof forms must correspond to building elements and functions such as entrances,arcades and porches. Roof forms should
relate to adjacent buildings or developments. A building may have fake dormers,gables,or other roof projections only to hide
mechanical or telecommunications equipment.
Continuous plane of any roof line must be< 100'long.
Roofline orientation should accommodate flush solar panels with southern exposure.
(7) Roof materials
These materials are allowed for a sloping roof.
• Architectural shingles:multi-tone.
• Wood shakes or shingles.
• Slate shingles:natural or synthetic.
• Standing seam metal or copper roofing.
• Copper or colored anodized metal roof flashing.
• Solar shingles.
(8) Claddiing materials
Primary cladding materials: One or more of these materials must cover 60%to 100%of cladding area on any outside wall. An
asterisk*identifies materials that are most appropriate for the Inlet Valley corridor.
• Brick:individual bricks,veneer,or masonry panels;integral color;nominal size=3 units/ft'(utility size or smaller).
• *Stone:individual stone,veneer,or masonry panels;natural or manufactured.
• *Clapboard/lap siding:stained/painted wood,fiber cement,composite.
• *Shingle/shake siding:stained/painted wood,fiber cement,composite.
12
. *Board and batten siding:stained/painted wood,fiber cement,composite.
Secondary cladding materials:0%to 40%of the cladding area on any outside wall may use one or a combination of these
materials.
• Metal architectural wall panels. F-,-.tt.d-Keep with next
• Corrugated or standing seam metal:made for architectural use.
• Precast masonry,ceramic,or cement based trim and cornice features.
• Precast concrete panels.
• Concrete masonry units(CMU):integral dye or pigment color(not"natural gray"or"cinder block"with no integral color);
decorative,textured,or split face.
• Stucco.
• Logs(wood)or log siding(wood,fiber cement).
• Shingle/shake siding:vinyl.
• Board and batten siding:vinyl.
(9) Claddiing mateHal and Ibuildiing color 41 geineral
Cladding must have a matte or non-reflective finish.
Main building colors must not be a saturated,high chroma,fluorescent,or basic primary color;or use a color scheme with
random distribution or groups of stripes. More saturated or higher chroma colors,may only be used on building trim and
accents.
Elevations should not have a chaotic arrangement of contrasting materials or colors(based on established concepts of color
theory and visual harmony). If an elevation has multiple facade materials or colors,one or two materials should set a dominant
architectural theme,and others used more sparingly as accents.
('10) Change of clacld4ig or color on an outside wall
Cladding material or color on an outside wall may only change:
• at an inside corner,
• at a return>2'from an outside corner,
• at a horizontal plane;or
• where a projecting feature or pilaster vertically divides a facade,and separates the different cladding areas.
A sill,cap,or=S"high trim border must define material changes on a horizontal plane.
('11) Trim
Outside walls with siding must have the following trim.
• Doors and windows:surround>35'wide
• Outside corners:(r)corner board>3.5"wide,or()mitered edges that align materials on each wall.
• Roof overhangs and eaves:frieze>3.5"wide.
(12) Window and door area
Elevations of a principal building(not including garage doors or bays)must have the following window and door opening area
(glazing):
• Front,corner side,and public area-facing elevations:15%-40%on each story
• Interior side elevations: 10%-40%on each story. Where internal arrangement or use of a non-residential building makes
it impossible to provide windows or doors along part of a wall,a fake window may substitute for<50%of required
transparent areas.
('13) Window and door design
Windows on a building must be relatively consistent in height and design,and consistent with front facade doors,to create a
cohesive appearance.
13
Windows and doors should have a vertical orientation. V a Ct vMull r.ns..should visually divide window panes into vertically
Commented[SBI 3]:Also add reference to mullions,or
oriented s_e4ionis units. just use word"grille"? From The Spruce website(I
Window and door openings on a masonry clad wall should have a lintel above the opening,that looks like it carries the weight found this when I looked up the meaning of"muntin,"
because I had never heard that word before):
above. "In the truest sense,munfins are the vertical pieces of wood
A building must not have a storefront curtain wall system. A window curtain wall unit may only be on an interior side or rear separating panes of glass in a classic multi-pane glass
assembly.Mullions are the single vertical supports used in
elevation. two-pane assemblies.
Windows and doors must be recessed into a wall. Buildings must not have flush or surface mounted windows. This does not Griflesa Afternaffire to Mundn and Mufflon
1`errnhiok�gy
apply to storm windows or doors. Few window companies today make a distinction between
('14) Bud&ng entrance orientation and design muntins,mullions,and stiles because few window buyers
care about this.This is a fine distinction that rarely matters,
A principal commercial or industrial building,and>2S%of the tenant spaces in a multi-tenant commercial or industrial and which only makes the window buying process more
building-,must have a public entrance with> 1 of these features. confusing.As a consequence,if these terms are even used,the elements
• Vertically defined bay with different cladding or fenestration than other bays. might all be called muntins.Even more frequently,all of
those terms fall under the more useful,universal term grille.
• Integral turret,peaked roof form,tower,or(at a corner entrance)a chamfered edge. Major window manufacturer Pella calls all of these elements
• Architecturally integral vestibule with>64"GFA,projecting L 3'from the building wall a grille,whether martins,grids,windowpane dividers,or
• Architecturally integral roof,portico,or porte-cochere that covers=64",with support columns> 10"wide mullions.This is a sufficient one-size-fits-all word for an
• Architecturally integrated porch or landing with>64"of floor area. element that no longer has a structural function.Today,a
mullion or grille is just there for aesthetic appeal."
The main public entry of a principal building with street frontage must face that street. A building with one occupant or tenant
sited at an intersection of two streets must face the busiest street.
('15) Formula architecture
A building or structure must not have standardized nonfunctional elements that:
• inherently associates the overall building design with a specific brand,business,chain,or corporation;or
• functions as an integral sign,regardless of c)- _k4gwhether t has car.doesn't havewords or logos.
('16) Rooftop and butding mounted equipment
I Formatted:Keep with next
Rooftop utility,HVAC,and mechanical equipment,ducts,or related elements must have screening of the same height or
higher,to hide them from view. Screening must be(i)opaque,and()integral with the building form. (Examples:roof well,
parapet wall,fake dormer,purpose-built screen or enclosure matching building colors and materials.) AP,R-Ras,34-KtAG1
Commented[SB14]:Also exclude small wind energy
A plumbing or exhaust vent,pipe,or flue that penetrates a roof must match the roof color. spinners Mounted on roofs,if the Town
Wall mounted utility,HVAC,and mechanical equipment,ducts,or related elements may only be on an interior side or rear
elevation,with siting or screening that hides those features from the street and neighboring lots as much as possible.
E. Landscaping
(1) Groundcoveir
Unsurfaced areas on a lot(surfaces with no buildings,structures,or pavement)must have maintained groundcover,with one or
more of these features.
• Turf or ornamental grass. Formatted-Keep with next
• Perennial groundcover plants,but not common garden weeds.
• Planting beds for trees,shrubs,and flowers,with a base of mulch,granular stone,or similar nonliving material.
• Pond or water feature.
14
These areas do not need maintained groundcover.
• Farm field or pasture.
• Stream setback area.
• Natural feature that normally lacks vegetation,or where maintenance is impractical.(Example:steep slope area,rock
outcrop.)
(2) Tree(preservation
Mature trees should be kept and incorporated into the site where possible.
(3) Foundation planting
A new building or addition to an existing building must have foundation planting beds parallel to the full length of the front,
corner side,and interior side elevations(not including building entrances and doors,and perpendicular walkways and garage
door entries).
Foundation planting area width must be:
• > S'next to building walls with a<20'eave height.
• > 10'next to building walls with a>20'eave height.
A foundation planting area must include> I shrub with a potential�3'mature height for every 25 2 of planting area. (A tree
with a potential L 8'mature height may substitute for a required shrub.) Shrubs may have regular spacing,or be clustered in
more naturalistic groups.
(4) Parlding lot landscalping
Requirements for parking lot internal and perimeter landscaping are in the next subsection(F:parking and vehicle circulation).
F. Parking and vehicle circulation
(1) Size and visibility lin generall
Parking lots and driveways may only be as large as ff.,&�x4,4e ne ces. ...Y..
r to meet minimum requirements for number of parking
..... ...
spaces and dimensional requirements for parking spaces,driveways and drive aisles,and internal landscaping. Commented[SB15]:Punctuation?
The Planning Board may consider a request for a use to have more parking spaces than the minimum under§270-2.2. ,'a
L�p-4`4ing
j4myskif it finds: 11 Commented[SB16]:List section(s),or change to state
• there is a legitimate need or demand for increased parking,and the minimum the base zone requires"?
• added parking will not make the parking lot a more prominent feature of the site.
Parking spaces above the minimum requirements must have a surface of porous pavement(porous asphalt or concrete,
segmental pavers,grasscrete,plastic grid pavers or systems).
(2) Parking(lot siting
Any off-street parking areas of buildings fronting on Elmira Road(NY 13),Floral Avenue(NY 13A), 7S.even Mile Drive,C,�Calkins
Roa,...or new..treets created after ad.or2tionoftheover lay z_.o.ne d must be to its the rear or side.
.................................. ............................................................. Commented[SB17]:Garbled. Also add reference to
new streets,like in D(5)?
A parking lot may only be in front of a principal street fronting building and the street if(1)the building is pre-existing,and
()the Planning Board finds that existing site conditions make siting a parking area to the side or rear impractical or
impossible. If this is this case,any parking in front of the principal building must:
• be>20'from the fronting right-of-way line,and
• have only one drive aisle,with a single row of parking.
(3) Parking surface materials
Parking lot and driveway surfaces Imustl be: Commented[SB18]:Except they do not have to be
• solid pavement(asphalt,concrete,similar monolithic surface); solid pavement per the next paragraph,so call that
at out
15
• segmental pavers;
• open cell pavers(grass block);
• plastic grid pavers or systems;or
• a similar pervious or impervious material with a hard,dust-free surface.
A parking lot or�..qi4 driveway surface[or th.ese..uses.rnay als
........ ........ ... ... ......... ... souse loose aggregate(gravel,stone)
• Agricultural ow use.
U5e:
• Farmer's market.
• Roadside stand.
• Campground.
A-kdge
• Plant nursery.
• Retreat/event venue.
• Cemetery.
• Community garden.
• Outdoor adventure/entertainment center.
• Park or playground.
4m L4f+f.,J 4w-,14 I y(e.l k-i&0 F-G-A 40
Any aggregate parking surface must be built in a way that prevents pond ing,.aggregate loss or spillage,or trackout onto
public streets.
A parking lot surface must have a visually distinct edge.
(4) Curcullatiion
Parking lot layout must allow a vehicle to enter from and exit to the street driving forward.
A parking row with only one way in and out must have a turnaround area or space at the end.
Parking lot layout must allow service vehicles to access loading,service,or trash enclosure areas,with as little disruption to
circulation and parking space access as possible.
(5) Access managerneint
Off-street parking may have one vehicle access point from the street. A lot or building site may have a second access point
only if the Uniform Code requires it for fire apparatus access. Commented[SB19]:Has Codes reviewed this(and the
For a corner lot,vehicle access to off-street parking may only be from the secondary street,not the principal street. rest of the law)?
An access point must be as far from a street intersection and other curb cuts as possible.
A one way access driveway and approach must be 12'-14'wide. A two way access driveway and approach must be 16'-20'
wide. Access driveway corner radius where it meets a roadway must be<15'.
Continuous curb cuts or driveways,and parking lots that use a fronting street as a drive aisle to access parking spaces,are
prohibited.
If these requirements conflict with New York State DOT access management requirements,the more restrictive requirement
applies.
(6) Lot-to-lot coininectiioin
Parking lots on neighboring non-residential lots should have cross. access driveways connecting them,or provisions for future
connection. Property owners must not block cross,access connections or provisions.
16
(7) internal landscaping
A row of parking spaces must have a landscape island,=9'wide and extending the full depth of the row,(i)at each end;and
(2)at an interval of<_10 spaces or<_90'in a row.
A landscape island must have(j)maintained groundcover(see E 2,1);and(�)y 1 deciduous tree(z 2.5"diameter
heiyht...CDBH�at planting,=30'height at maturity)for each row it is next to. Two deciduous trees with a DBH of>2.0"at Commented[SB20]:Does NNC glossary apply?
planting,and a potential mature height of 20'-30',may substitute for 1 taller required tree.
(B) Perimeter Ilandscal.riirrg and Ibuffering
A parking lot must have a= 10'wide landscape buffer between the parking lot surface and the side or rear lot lines.
Sides of a parking lot for a.aor nng,ran--commercal crr ir.ciu Trial use�that are next to a residential use must have an opaque Commented[SB21]:Why limited to non commercal
fence wall or hedgerow A to 6 tall 3 tall in the minimum principal building front setback area). l
g p p g uses. Is it the non-commercial use,or the parking lot,
Sides of a parking lot that front on a street must have the following landscaping and screening treatment. that modifies"next to a residential use"?
• Manicured landscape strip,with turf grass or perennial groundcover:>S'wide.
• Stone or cast stone wall with a capstone:2.5'-3'tall. (A 3'tall berm may substitute for a wall.)
• Foundation planting with an average of= 1 shrub,with a potential�!3'mature height,for every S'of parking lot frontage,
on the street facing side; Commented[SB22]:Any chance of conflict with other
(9) Stoirrnwateir foundation planting requirements in this law? J
Parking lots,driveways,and drive aisles must be built or graded in a way that prevents surface ponding,or sediment or
aggregate collection.
Parking lot landscape islands and perimeter areas must allow stormwater runoff capture and infiltration where possible, Commented[SB23]:Engineering should review
[wording.
G. Pedestrian and bicycle facilities
(1) Pedestrian connectivity
A principal building must have a>_S'wide walkway connecting its main entrance to the public sidewalk along the fronting
street(or right-of-way lime if there is no sidewalk).
A parking lot must have a=S'wide walkway connecting it to the main entrance of the principal building.
Parking lot spaces,driveways,and drive aisles are not walkways.
(2) Bicycle Franking
A use roust have> 1 dedicated bicycle parking space(bike rack space,bike locker,etc.)for every 5 required vehicle parking
spaces.
A public transit shelter roust have>S covered bike parking spaces or lockers.
H. Fences and walls
(1) Perrniitted fence and wall rnateHalls
A permanent fence or wall may only use these materials,in a way that is customary for fence or wall construction.
• Brick,stone,or cast brick or stone.
• Wood,or a synthetic material that looks like wood.
• Hog wire,sheet or corrugated metal with a matte or room-reflective finish,bamboo,or a similar material,in a board frame
structure.
• Welded wire with vinyl coating.
• Gabion.
17
Chain link fencing may only be at(i)an ancillary use(examples:athletic/ball field,backyard chicken area),or(z)a construction
or short term event site. Chain link fencing for an ancillary use must have a supporting top rail,and knuckle selvage ends.
A fence or wall must not have:
• sharp or unfinished wires or edges.
• barbed,razor,or concertina wire(except for agricultural uses or active construction sites] LCommented[SB24]:Or utilities? J
• electrification(except for agricultural uses)
• materials or design features that are hazardous to nearby pedestrians or residents.
A deer fence may not be used as a yard or boundary fence or wall.
(2) Rnislhed side out
Fences should have a"good neighbor"design,where both sides look the same.
A fence or wall with finished and unfinished sides must have its finished or"good"side facing outward,towards bordering lots
or thoroughfares.(See Town Code§270-223 A 9:zoning-fences and walls.)
(3) Height and locatiion
Maximum fence height is:
• Front yard,corner side yard:<_3'.
• Rear yard,interior side yard behind principal building front elevation,corner side yard behind principal building rear
elevation:E 6'.
---------------
These fence or wall elements may be taller than the maximum fence or wall height,outside of a clear sight triangle. Formatted:Keep with next
• Post,pole,or another supporting member.
• Pillar or column.
• Arbor at an opening or gate.
• Fences for athletic or ball fields.
J. Service and equipment areas
(1) Siitiing
A loading,service,dumpster/waste collection,or outdoor storage area may only be in a rear yard.,
Dumpsters or outdoor storage may only be in a dumpster/waste collection or outdoor storage area.
A dumpster/waste collection or outdoor storage area may be(i)integral to a principal or accessory building,or in a
separate accessory structure.
Ground mounted mechanical or utility equipment ancillary to a principal structure may be in a(r)rear yard,or(a)interior side
yard,behind the front elevation.
(2) Screening
A(1)loading,service,dumpster/waste collection,or outdoor storage area;or(z)ground mounted mechanical or utility
equipment area,must have siting and screening that hides it from the street and any neighboring residential uses as naiacf.r...ras..
possible.
Service,dumpster/waste collection,and outdoor storage area screening height must be 6'-8'. Screening materials should
match or complement cladding on the principal building,but must be:
• brick or stone(real or simulated/precast);
• split face block;
• vinyl(co-extruded,=0.150"thick);or
• wood or composite material in a full steel frame.
18
Gate materials must be:
• metal;
• vinyl(co-extruded,>0.150"thick);or
• wood or composite material in a full steel frame.
Screening and gates�05 above the ground must be 100%opaque.
K. Utilities
(1) Underground utilities
All new utility lines must be underground.
L. Outdoor lighting
(1) Performance standards
Outdoor lighting must meet outdoor lighting performance standards in the Town outdoor lighting law(Town Code Khapje.,r
..............
173),along with thefollowing rg.�.cj.uj e n s refj�4,em�tq 4�44is--,eci ion.
............................................. . r ..e t
These do not apply to temporary use of decorative lights for holidays or special events.
(2) Freestanding light height
Freestanding lighting height(ground to luminaire)must be:
• Sports fields or courts;outdoor stages:<_2S'.
• Parking lot:s 18'.
• All other areas:< 15'.
(3) Freestanding light string
A light pole must not block a walkway,sidewalk,or curb ramp.
(4) Facade lighting
Building mounted lighting may only direct light downward.
(5) Under canolpy lighting
Light fixtures on the underside of canopies,porches,or similar exterior roof areas must be fully recessed or flush with the
underside surface.
(6) Security lighting
Security lighting must be motion activated,to limit nighttime light pollution and glare.
(7�—1,a s ping 44+g hfing
Gf 4nel 4ct4#y,6h�e�ire444pwa.rd44q44 4eeF7 4 c+ ,Y7 aka-m�4st-
Commented[SB25]:This runs counter to the Town's
1(Xb Fw 4 C, 4.eP,, dark sky efforts. Does the Town's Outdoor Lighting
/QOY�44�,e,�-fe,:cra a�e:andseapiR�..� dGw4wq+Kd �#G-elarikad areas. Law allow landscape lights to be directed upwards?
Spotlights and floodlights must be aimed 45 degrees or
(97) Lighfing style more below the horizontal.(See Section 173-11.)
Light poles and fixture style should be consistent with style and period of architecture on the site.
Sconces or gooseneck lighting fixtures may be used to illuminate areas neat,building walls. Sconces must direct light
downward against the building wall and areas next to the wall.
Wall packs may only be used as security lighting at the rear of buildings. Wall packs must not provide general building or site
lighting.
19
Light poles must have a distinctive base,middle and top. Cobra head lights and bare metal light poles are not allowed.
Elevated form bases may be<_4"above grade.
(98) Color tern1perature
Outdoor lighting color temperature must be s 3000K(warm white).
This does not apply to:
• Decorative lighting using s 25 lumen lights.
• Non-fixed or temporary lights.
• Sports fields or courts.
(109.1 Light eVeLGn-a-Y4Ff&Ce
Maximum lighting evel eR the sui-faee at a let me must be 9-. . Commented[SB26]:Is this consistent with Outdoor
Lighting Law Section 173-14.B? That section says"Any
M. Signs existing nonconforming luminaire that creates glare or
light trespass shall be either shielded or redirected
.(.1) Gen r 111m Ldrernent.F within 30 days of notification to the owner or occupant
f a c g by the Town,so that the direct light is contained on the
Zoninc. Code reC.ulai ons[or signs in theunderl zone a... ........ ..y-A�o.aiy in ibc tn1!.eLYaE property;"11-11 11 I -------------------------------- ...........
In an overla zo— r—uirements for ittached and freestandin sin this�uhsechon alsoa ply. Normal
,ic ns .................... ... .. ........ ...g_L_jrj..s................................................................................................p')_ [Formatted.
(U) IFreestandirrig sign F,p±_daLre_gufirPmentF
I-k ight F,u14 4rG4�Wre44 iR4 arud uI&At"I km5e 7.01nes,
Where Zorrjn�LCode rej I o ignsal ow�..i Ireest�..inchinjc s lit of��' the rnaunum freestandhing si e h�m an�ujajionsj for ............. .j nj ag__
............................. .................................. FF-rmatted.
2.Q sr hd 2 :.zo in qi e.......9...............n 0 .....g_n
Fs,4c4w4h-e4q,E,, E rIP fiPa-,44RdiRq&i9e7 w4h a4ar.,+.-area(4 40'2 ,c icy
Setbadc Freestanding sign setback must be
...................................
* >20'from the roadway edge(including shoulder),or
* > S'from the street right-of-way edge,
whatever is further from the street.
Any freestanding sign must be outside of a clear sight triangle formed by:
• lines following intersecting thoroughfare right of way lines for 30'from their intersection;or
•...............lines following a thoroughfare right of way line,and a driveway edge or alley right-of-way line,for 1 S'from their
...
intersection.
E.ac.e area
Whem Zoning-Lacle-sig x i i r e t face area
................................................... n regu . ....areaof 32 hf,the rna... irmn i fe s a i i i s gn__
.... .. .... .. .......................9......
in an overlay 7....orje is 32 fj_2
........................... ... . ...................................
(3) Allached.sign F dremcnts
speciallre
................................ . ...................
Sign t e: An attached sign muss:nor he in the form of a waterfall or bubble RMMkM it box or sign...o I gL
.9.1 r i — _ca�
attache wea: Maximum
e s gn.�..H s 5 �j of the delault attache i n maximum fortlhe urldedy
.9........................................................................................a h d i 0,X d s
.9 ............ ... i:Ej..
Coor&nateddesi n for multi-tenant huflIrfings: A multi-tenant burlding ry )lan with standards
....................................................................... la Commented[SB27]:Sing size limits where more than
that ensure a consistent theme and visual harrnorUfor all attached signs. The Plannitjq rove one tenant?
1
coordinated sign=ULAIM
" (Formatted:IndenT Left 0",First line: 0"
20
(;� A#a,4aed&ugns io
FK3417 444 aka e area 2 Commented[SB28]:Any upper limit on sign size?Or
[should>really be<?
Commented[SB29]:Sing size limits where more than
( 4) Signd,-494"--40ayarealle bih! one tenant?
gj y
Sign faces should be simple,uncluttered,and easily readable;ideally limited to a business or occupant name and logo.
(45) Sign design:lighting
Sign lighting may use
—internally illuminated channel letters;orFormatted:Normal,Don't keep with next
..........
—exterior fixtures mounted above the sign,er
Formatted:Keep with next
ErVel of a SiqR surfaGe rRayll be- 4944ma�. Commented[SB32]:Why is it necessary to state the
Sign lighting fixtures must be fully shielded,with the bulb not visible from a street or sidewalk. lighting level may be below a certain number of
lumens?
Sign lighting must meet outdoor lighting performance standards in the Town outdoor lighting law(Town Code?C(ra...Ute 173).
(56) Wayfiinding signs and Ikioslks
A group of property or business owners who want to start a wayfincling program in the Inlet Valley overlay district may request
a wayfinding plan and signage program,in coordination with the Town Board. Wayfinding signs and structures must follow aR
FOWn Boa r cl:a pp roved design scheme,template,or pattern book that meets the spirit and intent of the Inlet Valley overlay
...........................................
district design standards.
(67) AdditionaL.Pprohibited signs
....... ..
These types of signs are prohibited in the Inlet Valley overlay district article; Commented[SB33]:Some of these signs are already
—S�p-+;aRK4 F,4y4 re.. 2-70,2-9�p4�e*44f.v be prohibited,so it would be confusing to list some 0
9,
• Light box or sign cabinet signs. -may want to have criteria these here as well. Consult with Chris Balestra on thelist.
• Signs on dorne,waterfall,bullnose,and bubble style awnings.=-may want criteria
K. YA4h Commented[SB34]:Do you mean Section 270-249?
flr..�q sicFls,
Large ell-;eGts(examples;veNGles,farm equipme-RI, .—A— A-A
.K S
acta,3-sa'W 44r r..44a4449 its t46W"7 q-K s.a �'
fla94_1;G4uea4TI.P4,.-,
0 G!FaphiE 5tF'P'Rg,patteFR5,or Eelar bands eR a bH;Idkqg eF-eaffefyy,
0 VeNdes and%rarers with SiqRS that are parked @Rd used q4a���.
(70 Noincoinfonning signs
Pre-existing commercial signs that do not comply with this section must be removed,or renovated or replaced to comply,by
December 31,2030, Commented[SB35]:Nine years is a Ion time. hy
t
(8) 041 qn ei!�s� jm-&vws�ons not have a shorter period plus the ability to apply 0
ZBA if a longer amortization period is needed?
4���he ba.,e acR_e a+,Pe t4i�,s 44aPtP�dGEIS-4-1c4 CGVe
Commented[SB36]:Wrong cite
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