Busti Town City Zoning Code
ARTICLE V
Supplemental Regulations for All Districts
§ 405-501 Site development requirements.
Access to public street. Except as otherwise provided in this chapter and in Town Law §§ 280 and 281, every building shall be constructed or erected upon a lot or parcel of land which abuts on a public street unless a permanent easement of access to the public street is of record at the time of the application for the permit.
Visibility at intersections. On a corner in any residential district, no fence, wall, hedge, tree, or other structure or planting more than three feet in height shall be erected, placed, or maintained within the triangular area formed by the intersecting street lines and a straight line joining said street lines at points which are 40 feet distant from the point of intersection, measured along said street lines. Existing trees within the triangular area described, shall have lower limbs trimmed to a minimum height of eight feet above ground level.
Water supply. The Planning Board may require an applicant for any subdivision, special permit, or site plan approval to provide evidence of water availability and may require test wells and professional hydrological studies sufficient to establish that a proposed development will have adequate supplies of potable water and will not adversely affect any aquifer resource or the supply or quality of drinking water in the surrounding area.
Driveways within right-of-way. When property to be developed fronts on a highway and access to the highway is desired, an approved permit from the applicable agency for the development of such highway access shall be presented. The Highway Superintendent may require the installation of an appropriately sized sluice pipe where it is likely that drainage problems exist or may be created by the presence of a driveway on a public right-of-way.
Yards. A paved terrace shall not be considered in determination of yard sizes or lot coverages; provided, however, that such terrace is unroofed and without walls, parapets, or other form of enclosure. Such terrace may have an open guard railing not over three feet in height and shall not project into any yard to a point closer than 10 feet from any lot line.
Topsoil. A person, firm or corporation may strip, excavate, or otherwise remove topsoil for use other than on the premises from which the same shall be taken only to the extent that it is replenished, or sufficient amounts left to support development needs; where topsoil is removed, the land from which it is removed shall be reseeded.
§ 405-502 Signs.
Purpose. The purpose of this section is to promote the public health, welfare, and safety of the inhabitants of the Town of Busti, protect property values, create a more attractive economic climate and enhance the scenic and natural beauty of the Town by regulating and restricting the size, location and physical characteristics of existing and proposed signs and advertising devices of all kinds in all zoning districts.
General sign regulations.
Sign permit requirement. A sign permit from the Code Enforcement Officer is required for all signs that are not exempted from the requirements of this section by Subsection B(2) of this section.
Exemptions. The following signs are exempt:
Signs defined herein as "portable," "residential," or "convenience" signs.
Signs mandated by statute, law, or governmental regulation.
Flags, badges or insignias of a governmental organization.
Vehicle signs, as long as the vehicle remains principally in use upon public highways with a current registration, inspection and insurance coverage.
Sign construction and maintenance. All signs, other than those defined as portable signs, shall be securely attached to a building or a structurally sound support, and their display surface shall be kept neatly painted or finished and in good repair at all times.
Illuminated signs.
Illuminated signs may utilize only light of constant color and intensity. No flashing, intermittent, rotating or moving lights or strings of lights may be used, except traffic warning lights for hazards and holiday lights during the holiday season.
No illuminated signs or outdoor illumination shall direct light in a way which could create a traffic hazard or a nuisance or an annoyance to passersby or be unreasonably detrimental to adjoining or neighborhood properties. Illuminated signs shall conform to electrical standards required by New York State. The source of illumination shall be suitably shielded to eliminate direct rays or glare on adjoining property.
Gas-filled tubes (neon) shall be permitted. Gas-filled signs may be illuminated only between the hours of 8:00 a.m. and 10:00 p.m.
Interior signs may be internally illuminated.
Projecting signs. No projecting sign shall be erected or maintained if its outer face is more than nine inches from the front or other facade of a building. A sign may not overhang or project onto any public land or highway or road surface unless otherwise provided in this section.
Temporary signs. Temporary signs may be displayed not earlier than two weeks before the event, service or project advertised. They shall be removed within five days after the conclusion of the event, service, or project.
Directional signs.
The sign face for directional signs shall not exceed four square feet, except that in the I and LMR Districts the sign face for directional signs shall not exceed six square feet. Such signs may be illuminated in conformance with the requirements of this section.
Parking lot signs. One sign, the sign face of which shall not exceed nine square feet and, if freestanding, not higher than six feet above ground level, may be placed in a private off-street parking area only, to limit the use of such parking area as specified by the owner or occupant.
Public service informational signs. Signs which display public service information, such as time and temperature, are permitted as long as the sign face does not exceed 32 square feet.
Prohibited signs.
The following signs are prohibited in the Town of Busti:
Revolving, moving, flashing, or blinking signs or signs that appear to be in motion, except for signs which display public service information, such as time and temperature.
Roof signs and signs protruding above an extension of the upper roofline of the building to which the sign is attached.
Outdoor advertising signs.
Inflatable signs.
Internally illuminated plastic signs.
Signs or parts thereof that contain or consist of animated parts, ribbons, streamers, spinners or similar moving or fluttering devices.
Signs attached to a public light standard, utility pole, or tree.
Signs located within two feet of any road, street or highway property line or road surface, except for directional signs.
Signs that obstruct the view of any traffic sign, signal or device.
Signs in the HC, H, CMR and LC Districts.
The following types of signs may be erected, unless otherwise provided:
A wall or fascia sign or signs may be attached or applied to a building or portion thereof. The total sign face shall not exceed 1 1/2 square feet per linear foot of building or occupant frontage, whichever is less. In no case shall the total cumulative sign face exceed 50 square feet.
A freestanding sign may be used if the total sign face does not exceed 12 square feet and the sign is not more than 10 feet above ground level. Any business maintaining a freestanding sign permitted under this option may, in addition, obtain a permit for a wall or fascia sign.
Shared-common-entry occupants. If two or more occupants share a common door, the maximum sign face allowed per building frontage shall be shared between them.
Single-occupant buildings. In addition to any other sign, a building with one occupant which has an entrance open to the public from an adjacent parking lot is permitted to have one sign as described in Subsection D(2)(a) above on the building face that has an entrance closest to the parking lot.
Multiple-occupant complex signs. Three or more occupants occupying a common building with a common entry or occupying separate buildings with a common driveway shall be considered a multiple-occupant complex and shall require site plan review for all proposed signage located within the complex prior to issuance of a sign permit. A common entry does not exclude an additional separate entrance to the building(s) for a particular occupant.
Signs identifying an individual multiple-occupant complex. One wall or fascia sign is permitted for each complex. This sign may contain the name and logo of the complex and must include the street number in accordance with state guidelines. The sign face may not exceed 25 square feet for a wall or fascia sign. A freestanding sign may be used instead of a wall or fascia sign, which sign face may not exceed 16 square feet nor be higher than 10 feet beyond ground level.
Signs identifying occupants within the complex. Occupants are allowed one wall or fascia sign per building in a multiple-occupant complex. The sign face shall not exceed 1 1/2 square feet per one linear foot of building or occupant frontage. In no case shall the cumulative sign face exceed a total of 50 square feet. This sign face may be shared among occupants of the building. If the complex has more than one street-facing frontage, then the total sign area may be distributed among the occupants.
Multiple-occupant complex directory. A single directory sign is permitted which lists some or all of the occupants within the complex. The total size of the sign may be no greater than six square feet for each occupant. This sign shall be situated in an unobtrusive, interior location.
The top of any freestanding sign shall not be higher than 10 feet above the ground level.
Wall or fascia signs may be placed at any height but not higher than the building facade.
An interior sign identifying the occupant that can be seen from the exterior will be considered part of the total sign area allowed.
Signs in the I and LMR Districts.
One freestanding on-premises sign identifying the occupant is permitted, provided that the sign face does not exceed 50 square feet.
One wall or fascia sign is permitted as long as the sign face does not exceed 1 1/2 square feet for each linear foot of building or occupant frontage, whichever is less, up to a maximum of 50 square feet. If a wall or fascia sign is used in addition to a freestanding sign, the sign face may not exceed 3/4 square foot per linear foot of building or occupant frontage, whichever is less.
The top of the sign shall not be higher than 10 feet above the ground level, unless otherwise provided herein.
Wall or fascia signs may be placed at any height, but not higher than the building facade.
Signs in the RHD, RM, RA, CA and CAMP Districts.
The sign face of signs in the RHD, RMD, RA, CA and CAMP Districts shall not exceed three square feet.
Sign permits.
Application for a sign permit shall be made, in writing, upon the forms prescribed by the Code Enforcement Officer, and each such application shall meet the following standards and shall contain, at minimum, the following information:
The name, address, and telephone number of the applicant or of the owner of the sign, if different from the applicant.
The location and the name and address of the owner, if other than the applicant, of the building, structure, or land to which or upon which the sign is to be erected.
A detailed drawing showing the construction details, dimensions, the position of lighting and extraneous devices, and a site plan showing the position of the sign with reference to any building or structure, property lines and any private or public street or highway.
Written consent of the owner of the building, structure, or land at which the sign is to be erected, in the event that the applicant is not the owner thereof.
Appropriate proofs of compliance with the requirements of this section and all other sections of this chapter.
Applications shall be submitted to the Code Enforcement Officer, who shall:
Review the design, size and location of the proposed sign to determine whether the proposed sign is in compliance with all of the regulations or restrictions set forth in this Article or any other applicable chapter of the Town Code.
Approve grants (including any reasonable conditions), reject the application for being incomplete, or deny the application and provide reasons for the denial.
If the proposed sign does not comply with the regulations or provisions of this Article, the Code Enforcement Officer shall deny the application. A decision of the Code Enforcement Officer may be appealed to the Zoning Board of Appeals. The Town Planning Board may submit an advisory opinion to the Code Enforcement Officer or, if on appeal, to the Zoning Board of Appeals.
Upon an appeal by the applicant, the procedures, and standards of § 405-1304C, Area variances, shall apply, except as modified by this section. The Zoning Board of Appeals shall have the authority to vary or modify the application of any of the regulations or provisions of this section relating to the use, construction, alteration, design, size, and location of a sign in such a manner as shall not be contrary to the spirit of this section and the public safety and welfare of the Town of Busti.
Fees.
Fees for applications and permits under this section shall be established and changed from time to time by resolution of the Town Board of the Town of Busti.
Such fees apply to all signs, even if shown on the original building plans, and are in addition to any other fees required by the Town.
Costs of engineering studies and related expenses required by the Town in connection with review of an application or for ascertaining compliance with this section may be charged to the applicant or sign owner.
Issuance of permit.
The Code Enforcement Officer shall issue a permit for a proposed sign upon payment of the proper fees, provided that the application, including drawings and related materials, is complete and complies with all provisions of this section as determined by the Code Enforcement Officer or, following appeal, by the Board of Appeals. If the sign authorized by a permit has not been completed within six months from the date of the permit, the permit shall expire.
Permits issued are not personal rights but relate solely to the premises for which application is made. Permits may not be assigned to others and may not be transferred to premises other than that identified in the permit.
Removal and maintenance of signs.
The Code Enforcement Officer shall notify the owner of any sign which is abandoned, unsafe, insecure, a nuisance to the public, erected in violation of this section, or not maintained in accordance with this section. Such notice shall be in writing and shall require the owner to remove the sign or correct the unsatisfactory condition within 20 days from the date of such notice.
Upon failure to comply with such notice within the prescribed time, the Code Enforcement Officer is authorized to secure, repair, remove or cause the removal of such sign. All costs of securing, repairing, or removing of such sign, including related legal fees and expenses, shall be assessed against the land on which the sign is located and levied and collected in the same manner as provided in the Town Law for the levy and collection of a special ad valorem levy.
Emergency provisions. Where it reasonably appears that there is a clear and imminent danger to the life, safety or health of any person or property unless a sign is immediately repaired or secured or demolished and removed, the Town Board may, by resolution, authorize the Code Enforcement Officer to immediately cause the repair or securing or demolition of such unsafe sign. The expense of such repair or securing or demolition shall be a charge against the land on which the sign is located and shall be assessed, levied and collected as provided in Subsection H(6)(b) above.
Revocation of permit. The Code Enforcement Officer may revoke any sign permit in the event that there is any false statement or misrepresentation as to a material fact in the application upon which the permit was based or if the sign is not erected in accordance with the permit.
Notice. A notice to an applicant or to a sign owner pursuant to this section shall be sufficient if mailed postage paid to the applicant at the address stated in the application as may be changed from time to time by the applicant by written notice received by the Code Enforcement Officer or to the address of the owner of the property at which the sign is located as shown on the records of the Town Assessors.
Preexisting nonconforming signs.
A preexisting nonconforming sign may not be altered or enlarged so as to increase its nonconformity or add a different nonconformity.
If it is claimed that a sign is a preexisting nonconforming sign, the person making such claim shall have the burden of proof thereof.
A certificate of nonconformance may be issued by the Code Enforcement Officer for a preexisting nonconforming sign upon presentation of proofs satisfactory to the Code Enforcement Officer. A certificate of nonconformance shall provide a rebuttable presumption that the sign existed at the time that this chapter was amended to make it nonconforming.
Alteration or replacement; discontinuance; change of use.
Preexisting nonconforming signs may be repaired, repainted, or refinished without a permit.
Discontinuance. Any preexisting nonconforming sign which is removed from the position it occupied on the effective date of this section and not restored to such position within 30 days shall be presumed to be abandoned and discontinued and may not be restored except in compliance with this section.
Change of use. Any change in use for a property will require removal of all nonconforming signs.
§ 405-503 Off-street parking.
Off-street parking spaces, with a proper and safe access, shall be provided within a structure or in the open in such a number or numbers for each use as is required pursuant to the table contained in this subsection.
Any application for any development permit or a special use permit shall include with it a plot plan showing any parking or loading or unloading facilities in existence or to be constructed in compliance with the regulations of this chapter.
Dimensions for off-street automobile parking.
A required off-street parking space for institutional, commercial, or industrial use shall be in an area not less than 189 feet square or less than nine feet wide by 19 feet long, exclusive of access drives or aisles, ramps, columns or office and work area accessible from streets or alleys or from private driveways or aisles leading to streets or alleys and to be used for the storage of parking or passenger automobiles or commercial vehicles under 1 1/2 tons' capacity. Aisles between vehicular parking spaces shall not be less than 12 feet in width when serving automobiles parked at a 45° angle in one direction not less than 20 feet in width when serving vehicles parking perpendicular to the aisles and accommodating two-way traffic.
Parking facilities shall be designed with appropriate means of vehicular access to a street or alley in such manner as will least interfere with the movement of traffic. No driveway or curb in any district shall exceed 25 feet in width.
Location of required spaces. No parking space or portion thereof established on the same zoning lot with a building shall be located within a required front yard. No parking spaces or portions thereof established on a lot without a building shall be located closer to any street line than the front yard setback required for the district in which the parking lot is located. Further, any wall, fence or hedge developed around any parking area shall be subject to the front yard setback requirement of this chapter in the same manner as a structure or building.
Parking lot guidelines. In addition to the general considerations for determining parking lot requirements, the Planning Board shall use the following as guidelines, rather than requisite, for determining the amount of requisite parking:
Use | Parking Spaces Required |
|---|---|
Eating and drinking establishment | 1 per every 3 seats |
Golf course | 4 per hole |
Industrial | 1 per every 1.2 employees, based on highest expected employment |
Professional office | 1 per every 250 square feet of floor area |
Residential | 2 per dwelling unit |
Retail business | 1 per every 180 square feet of floor area |
Tennis court | 2 per court |
Other | 1 per every 259 square feet of floor area |
Handicapped parking. Adequate parking for handicapped persons shall be provided in accordance with applicable laws and designed in accordance with all state and federal ADA regulations (ICC/ANSI A117.1).
Parking lot design.
No more than two curb cuts shall be created for access into a parking lot.
The Planning Board may require curbing to ensure proper drainage, delineate the parking area and driveway access; stacking lanes to avoid stacking of vehicles into the public right-of-way; bicycle parking spaces; use of pervious pavement; or incorporation of low-impact stormwater methods such as bioswales and rain gardens to control runoff.
§ 405-504 Loading and unloading.
Off-street loading and/or unloading spaces for commercial and/or industrial vehicles while loading and/or unloading shall be provided on each lot where such facilities are required to serve the use or uses on such lot. The number of loading and/or unloading spaces required for commercial and/or industrial vehicles while loading and/or unloading shall be in addition to the off-street parking requirements listed in the section above. Each loading and/or unloading space shall have at least 15-foot vertical clearance with a 60-foot maneuvering area and shall have an all-weather surface to provide safe and convenient access during all seasons.
No off-street loading and/or unloading space shall be constructed between the street right-of-way line and the building setback line.
Loading and/or unloading facilities shall be designed so that trucks or other such vehicles need not back in or out or park in any public right-of-way.
At least one off-street loading and/or unloading space shall be provided for all commercial and industrial establishments in excess of 3,500 square feet of floor area.
§ 405-505 Fences.
Fences shall be allowed in all districts, except that no fence shall be taller in height than six feet unless the same is 15 feet from the property line and the same encompasses a swimming pool or tennis court, and no fence, not approved and meeting the requirements of § 405-703D, shall be located within 50 feet of the lake.
§ 405-506 Flag lots.
Exceptions to lot frontage requirements may be granted for lots designed as flag lots, provided that:
In the opinion of the Planning Board, the character of the land precludes typical subdivision development, or a unique and desirable lot can be created.
The proposed lot has a minimum lot frontage of 25 feet, as measured along the right-of-way of the fronting highway throughout the entire length leading to the buildable portion of the lot and there shall be 100 feet width at the actual building line.
The required setbacks can be met when measured from the point where the lot meets the required minimum lot width for that zoning district.
The minimum driveway width for a flag lot is 20 feet.
The flagpole portion of the lot shall not be considered in determining the area of the lot.
The flagpole portion of the flag lot shall be under the same ownership as the flag portion of the lot.
§ 405-507 Landscaping.
Landscaping shall be required for all new commercial uses in all districts and shall include at least the following measures:
Planting areas shall consist of permeable surface areas only.
Trees, when required, shall be planted 12 feet to 40 feet on center and at least 30 inches from the edge of any paved surface of a parking lot and at least eight feet to 10 feet from the shoulder of any road.
Required plants shall be maintained in a healthy condition at all times. Any plant that dies shall be replaced with another living plant that is comparable to the existing plant specified in the approved landscape plan within 90 days.
Trees shall measure a minimum of 1 1/2 inches' caliper when measured six inches above grade. Shrubs shall reach a mature height within five growing seasons.
Landscaped berms, when required by the Planning Board, shall have a slope not greater than the slope created in three horizontal feet with a one-foot vertical rise. The surface of the berm that is not planted with trees and shrubs shall be covered with grass, perennial ground cover, vines, and woody and herbaceous materials.
Proposed developments that require a site plan or special use permit shall provide landscaping along or within any street providing access to the use.
Plants, shrubs, and trees used in landscaping shall be native to the Northeastern United States to the maximum extent practical.
§ 405-508 Lighting.
No use shall produce glare so as to cause illumination beyond the boundaries of the property on which it is located.
All exterior lighting, including security lighting, signs or other uses shall be directed away from adjoining streets and properties.
No direct glare shall be permitted, and all lighting fixtures shall be fully shielded so that the angle of illumination is directed downwards rather than out, with the exception of incandescent lamps equal to or less than 1650 lumens, or glass-filled tubes filled such as neon or argon.
Light source locations shall be chosen to minimize the hazards of glare. The ratio of spacing to mounting height shall not exceed a 4:1 ratio.
All poles or standards used to support outdoor lighting fixtures shall be anodized or otherwise coated to minimize glare from the light source.
The maximum height of the luminaire shall not exceed 30 feet.
The installation of any mercury-vapor, metal halide or sodium light fixtures or lamps for use as outdoor lighting is prohibited.
The Planning Board may require all exterior lights to be extinguished 30 minutes after the close of business, or after 11:00 p.m. unless the use is open 24 hours per day. Emergency lighting and pedestrian security lighting may be allowed to remain on after the close of business.
The unshielded outdoor illumination of any landscaping, signing, or other accessory purpose is prohibited, except with appropriate dark-sky-compliant light fixtures of a suitable wattage and kelvin color range.
§ 405-509 Stormwater.
Stormwater runoff rates after development shall not exceed the rates that existed prior to the site being developed. Existing natural areas that already provide stormwater erosion control shall be protected to the maximum extent practical.
Erosion and stormwater control management practices shall be designed and constructed in accordance with the Stormwater Design Manual of the New York State Department of Environmental Conservation State Pollutant Discharge Elimination System (SPDES), and with the requirements of the Environmental Protection Agency's Phase II National Pollutant Discharge Elimination System (NPDES) regulations.
All nonresidential land disturbances of one acre or larger and applicable residential developments that disturb one to five or more acres shall conform to the substantive requirements of the NYS Department of Environmental Conservation State Pollutant Discharge Elimination System (SPDES) General Permit for Construction Activities (GP-0-10-001), or as amended or revised.
The Planning Board may require the stormwater treatment to be designed through low-impact stormwater management practices. Bioretention (bioswales), dry wells, filter and buffer strips, grass swales, rain gardens, and infiltration trenches should be installed to infiltrate runoff from parking lots and other impervious surfaces to the maximum extent practical. Where vegetative solutions are not feasible, the Planning Board shall include porous surfaces to allow infiltration of stormwater to the maximum extent practical.
§ 405-510 Cluster and planned residential unit development - subdivisions.
Purpose.
The purpose of the procedures, standards and controls of the cluster residential development is to provide a means to take advantage of natural physical features of an area by permitting reductions in bulk and area requirements for individual lots and providing compensatory areas of open space ancillary to dwelling units.
The purpose of the procedures, standards and controls of planned unit residential development is to encourage innovation in residential development which will provide housing of greater variety in type, design, and site planning, incorporating the conservation of maximum open space ancillary to said housing units. Design is primarily achieved through the basis of overall density of a given number of dwelling units per acre.
Procedure.
Application for establishment of cluster and planned unit residential developments shall be made to the Town Code Enforcement Officer. The Code Enforcement Officer shall refer the application to the Planning Board for consideration.
The Planning Board shall require the applicant to submit documentation indicating conformance to all designs and improvements required by this chapter. Such documentation shall include, but not be limited to, the following:
Overall development plans showing kind, location, occupancy capacity of structures, bulk and uses.
General floor plan of buildings. Location and identification of open spaces, streets and all other means for pedestrian and vehicular circulation, parks, recreational areas and other nonbuilding sites; provisions for automobile parking and loading.
General landscape plan. General location and nature of public and private utilities (including underground utilities) and other community facilities and services (including maintenance facilities).
Other information. The applicant shall include such other pertinent information as the Planning Board shall prescribe.
Written statements of:
Facts concerning the suitability of the site, the proposed density, the location and proposed uses and facilities for development in accordance with the provisions of this chapter.
Purposes, showing proposed provisions to be made for services, maintenance and continued protection of the cluster and planned residential unit development and adjoining territory.
Disposition of open space lands and provisions for maintenance and control of the open space land; financial responsibility for such open space land must be clearly indicated.
Phasing of construction or timing regarding each development area.
The applicant shall include such other pertinent information as the Planning Board shall prescribe.
In reaching its decision on the proposed development, the Planning Board shall consider, among other things, the need for the proposed use in the proposed location, the existing character of the neighborhood in which the use would be located, and the safeguards provided to minimize possible detrimental effects of the proposed use on adjacent property.
The Planning Board shall, within 60 days of receiving such application, approve, approve with conditions, or disapprove the application, and shall report its decision to the Town Board.
If the application is approved, or approved with conditions, the Planning Board shall set a date for a public hearing in regard to the granting of a special use permit, and a notice of such hearing shall be published in the Town's official newspaper no earlier than 20 days and no later than 10 days before the date of such public hearing. No affirmative action may be taken on any application that is disapproved by the Planning Board. At the time of the public hearing, the applicant must present to the Planning Board an affidavit certifying that written notice of the public hearing was given by the applicant to all owners of real property, as shown on the latest completed assessment roll, within 500 feet of the premises for which a permit is sought. Such notice must be given no earlier than 20 days and no less than 10 days before the date of such public hearing.
The Planning Board shall not issue a special use permit for a cluster residential development or a planned unit residential development unless:
The terms of such permit are consistent with the approval or approval with conditions;
The Planning Board finds the application to be consistent with the standards for either a cluster residential development or planned unit residential development as set forth in this article; and
The application conforms with all provisions for the district in which said use is to be permitted exclusive of those which may be varied by the terms of this article.
Overlapping districts. In the event cluster or planned unit development is proposed on a tract or parcel of land under the requirements and regulations of two applicable zoning districts, the requirements of the most-restrictive district shall prevail.
Cluster residential development.
Any owner of not less than five contiguous acres of land located in a district permitting cluster residential development may request, in writing to the Code Enforcement Officer, that the regulations of cluster residential development apply to his property.
Uses permitted shall be uses permitted in the district in which the cluster residential development is located.
The regulations of the district in which the cluster residential development is located shall be observed and maintained, with the following exceptions:
The minimum lot area as established in the district in which the cluster residential development is located may be reduced by 20%.
The minimum lot width at the building line may be reduced by 10%.
The minimum front yard may be reduced to not less than 35 feet.
The minimum rear yard may be reduced by not more than five feet where the lot abuts common open space land.
The maximum lot coverage shall be increased by no more than 5% of the resulting lot area.
The minimum side yards may be reduced by not more than 20 feet per side.
All lots within the planned residential area shall face and be serviced by existing or new streets constructed within the planned residential site boundaries but shall not face on collector or arterial types of streets.
Open space land shall be set aside for the common use and enjoyment of all residents in the cluster residential development. In general, the land set aside for permanent open space shall be the area differential between the regulations and requirements of the district and this section of the chapter. Access to the open space lands must be convenient to all residents.
Planned unit residential development.
Any owner of not less than 10 contiguous acres of land in a district permitting planned unit residential development may request, in writing to the Code Enforcement Officer, that the regulations of planned unit residential development apply to his property.
The following uses are permitted in a planned unit residential development:
Single-family detached residences, excluding mobile homes.
Two-family residences.
Multifamily residences, including townhouses and apartment houses.
Open space designed primarily for the benefit of the residents of the planned unit residential development.
Public and semipublic uses.
Essential services.
Uses accessory to the above, with the exception that home occupations are not permitted.
Within a planned unit residential development, the following percentage of the total land area shall be devoted to the specified uses:
A maximum of 80% for the residential uses and other uses permitted, excluding the common and public open space and the spaces devoted to streets and parking within and exclusively servicing such open space or recreation use. Said maximum shall include all the recreational, playground and athletic activity areas which are part of a school's site.
A minimum of 20% for common or public open space. This area shall include space devoted to streets and parking, provided such facilities are within and service exclusively the open space area.
Within the planned unit residential developments, the following regulations shall apply:
The overall density of the land within the planned unit residential development shall not exceed dwelling units per acre as stated under the regulations for the district in which the development is located.
Areas designated for multifamily residences shall be developed at a density not to exceed 18 dwelling units per acre.
In residential areas, streets shall be designed so as to discourage through traffic.
Open space land shall be set aside for the common use and enjoyment of all residents of the area. Open space must be designed so that access to the open space lands must be convenient to all residents of the planned unit development.
No building shall exceed 50 feet in height in residential areas.
The minimum front yard requirement shall be 35 feet for the multifamily residences and 35 feet for all other types of residences.
Residential buildings shall be designed so as to avoid monotonous patterns of construction or repetitive spaces or modules between buildings.
Additional requirements that apply to townhouses and apartment houses:
There shall be no continuous group of two houses consisting of more than seven dwelling units.
For the purpose of avoiding developments resembling what have been customarily referred to as "row houses," there shall be within any continuous group of townhouses at least three different architectural plans having substantially different designs, building materials and exterior elevations. In addition, no more than three continuous townhouses shall have the same front setback, and the variations in front setbacks shall be at least four feet.
The length of the apartment house shall not exceed four times its width.