Elmira City Zoning Code
ARTICLE VII
Planned Multiple Residential District PMRD
§ 217-38 Intent.
A.
It is the intent of this article to provide flexible land use and design regulations through the use of performance criteria so that small to large neighborhoods or portions thereof may be developed that incorporate a variety of residential densities and building types. This Planned Multiple Residential District (PMRD) may contain both individual dwelling unit building sites and common property which is planned and developed as a unit. The PMRD designation is a floating zone that also shall be subject to site plan review and approval, and shall only be applicable where the applicant can demonstrate that the characteristics of his holdings will meet the objectives of this section.
B.
In order to carry out the purpose of this district, a development shall achieve the following objectives:
(1)
A maximum choice in the types of environment, occupancy, tenure, types of housing, lot sizes and community facilities available to existing and potential Town residents at all economic levels.
(2)
More usable open space and recreation areas.
(3)
The preservation of trees and outstanding natural features.
(4)
A creative use of land and related physical development.
(5)
An efficient use of land resulting in smaller networks of utilities and streets and thereby lower costs.
(6)
A development pattern in harmony with the objectives of the Comprehensive Plan for the Town.
(7)
Compatibility with all applicable guidelines and standards set forth in Article IX of this chapter.
(8)
Maintain or create acceptable traffic patterns and levels on the existing road network, especially in established residential areas.
§ 217-39 Applicable zoning districts.
The PMRD is applicable in the AR and ARA Zoning Districts.
§ 217-40 Permitted uses.
One-unit, two-unit, and multiunit uses and their accessory uses as specified in § 217-20, Use Regulation Table, are permitted subject to site plan review and approval.
§ 217-41 Non-senior housing developments.
Any development proposal to be considered as a PMRD allowing such density increases as outlined in this article shall conform to the following standards, which are regarded as minimum requirements, in addition to applicable standards in other sections of this chapter:
A.
Lot area. The minimum lot area required to qualify for a PMRD designation shall be 10 acres in size.
B.
Access. A minimum of two vehicular access points shall be required. Such access shall be provided from a road with a minimum classification as a secondary road.
C.
Buffer yard requirements. All PMRD developments shall have buffer yard areas the entire perimeter of the parcel that shall meet the following minimum standards:
(1)
Buffer yards shall be at least equal to twice the minimum front, side and rear yard setbacks, as appropriate for the underlying district(s), except that in no instance shall the buffer yard be less than 50 feet. The buffer yards shall be designed to form a minimum six-foot visual barrier through the use of man-made materials and/or natural plantings. No man-made barrier shall exceed six feet in height.
(2)
No principal or accessory structures, paved areas parking, or other accessory use(s) shall be located within the minimum buffer yard.
D.
Water and sewer service. All PMRDs shall be serviced by community water and public sanitary sewer systems.
E.
Density. The Planning Board shall determine in each case the appropriate dwelling unit density and placement of such units on the parcel. The gross density shall be calculated using the total acreage. Such gross density shall in no instance exceed 10 dwelling units per acre.
F.
Single-family dwelling units. The dimensional requirements for single-family dwelling units shall be as established by the Planning Board in the site plan review process, except that in no instance shall they be less than the following standards:
(1)
Maximum lot coverage: 40%.
(2)
Maximum number of units. The maximum number of single-unit dwellings in a PMRD shall be no more than 10% of the total allowable dwelling units.
(3)
Minimum lot size: 6,000 square feet.
(4)
Minimum habitable space: 900 square feet, with all exterior dimensions greater than or equal to 20 feet.
(5)
Minimum lot width: 50 feet.
G.
Townhouses and multifamily dwelling units shall comply with the standards as specified below; these standards shall be regarded as minimum requirements.
(1)
Townhouse developments shall meet the following standards:
(a)
There shall be no more than eight townhouse units in any contiguous group.
(c)
Maximum building height shall be three stories or 35 feet, whichever is less.
(d)
Maximum lot coverage shall be not more than 40% of the total gross acreage included in the project site plan.
(f)
All accessory buildings, including unattached garages, shall be located no less than 10 feet from any rear or side yard and shall not be located in any required front yard.
(2)
Multifamily developments shall meet the following standards:
(b)
No principal building shall be located less than 30 feet from any interior lot line.
(c)
All accessory buildings, including unattached garages, shall be located no less than 10 feet from any rear or side lot line and shall not be located in any required front yard.
(d)
Maximum building height shall be three stories or 35 feet, whichever is less, unless the design and construction of the building conforms to more stringent fire safety requirements.
(e)
Minimum dwelling unit size shall be as set forth in the Density and Bulk Control Schedule.[1]
[1]
Editor's Note: The Density and Bulk Control Schedule is included at the end of this chapter.
(f)
Maximum lot coverage shall be not more than 40% of the total gross acreage included in the project site plan.
H.
Recreation requirements. All development proposals shall have a minimum of 10% of all lands set aside and developed for recreational uses.
§ 217-42 Senior housing developments.
Any development proposal to be considered as a senior housing PMRD allowing such density increases as outlined in this article shall conform to the following standards, which are regarded as minimum requirements, in addition to applicable standards in other sections of this chapter, as well as the requirements of the Federal Fair Housing Act:
A.
Lot area. The minimum lot area required to qualify for a PMRD designation shall be 12 acres in size.
B.
Access. A minimum of two vehicular access points shall be required. Such access shall be provided from a road with a minimum classification as a secondary road.
C.
Buffer yard requirements. All PMRD developments shall have buffer yard areas the entire perimeter of the parcel that shall meet the following minimum standards:
(1)
Buffer yards shall be at least equal to twice the minimum front, side and rear yard setbacks, as appropriate for the underlying district(s), except that in no instance shall the buffer yard be less than 50 feet. The buffer yards shall be designed to form a six-foot visual barrier through the use of man-made materials and/or natural plantings. No man-made barrier shall exceed six feet in height.
(2)
No principal or accessory structures, paved areas parking, or other accessory use(s) shall be located within the minimum buffer yard.
D.
Water and sewer service. All PMRDs shall be serviced by public water and public sanitary sewer systems.
E.
Density. The Planning Board shall determine in each case the appropriate dwelling unit density and placement of such units on the parcel. The gross density shall be calculated using the total acreage. Such gross density shall in no instance exceed the following standards:
(1)
Multiunit dwellings shall be permitted at a density of 12 units per acre.
(2)
One-unit and two-unit dwellings shall be permitted at a density of 3.5 units per acre.
(3)
No dwelling units in a senior housing PMRD shall have more than two bedrooms, with the exception of a caretaker's or manager's dwelling unit which may have up to four bedrooms.
F.
One-unit and two-unit dwelling unit standards. The dimensional requirements for one-unit and two-unit dwellings shall be as established by the Planning Board in the site plan review process, except that in no instance shall they be less than the following standards:
G.
Townhouses and multifamily dwelling units shall comply with the standards as specified below; these standards shall be regarded as minimum requirements.
(1)
Townhouse developments shall meet the following standards:
(a)
There shall be no more than eight townhouse units in any contiguous group.
(c)
Maximum building height shall be three stories or 35 feet, whichever is less.
(d)
Maximum lot coverage shall be not more than 40% of the total gross acreage included in the project site plan.
(f)
All accessory buildings, including unattached garages, shall be located no less than 10 feet from any rear or side yard and shall not be located in any required front yard.
(2)
Multiunit developments shall meet the following standards:
(b)
No principal building shall be located less than 30 feet from any interior lot line.
(c)
All accessory buildings, including unattached garages, shall be located no less than 10 feet from any rear or side yard and shall not be located in any required front yard.
(d)
Maximum building height shall be three stories or 35 feet, whichever is less, unless the design and construction of the building conforms to more stringent fire safety requirements.
(e)
Minimum dwelling unit size shall be as set forth in the Density and Bulk Control Schedule.[1]
[1]
Editor's Note: The Density and Bulk Control Schedule is included at the end of this chapter.
(f)
Maximum lot coverage shall be not more than 40% of the total gross acreage included in the project site plan.
H.
Recreation requirements. All development proposals shall have a minimum of 5% of all lands set aside and developed for recreational uses.
I.
Other permitted uses. In the interest of meeting the objectives of the PMRD, and providing for housing and health-care developments located and designed to meet the special needs, habits and health-care requirements of senior citizens, the Town of Elmira herein establishes and permits the following additional principal and accessory uses:
(1)
Principal uses. The following principal uses shall also be permitted in a senior housing PMRD. Each such use shall be required to have a minimum lot area of one acre. The Planning Board shall determine at the time of site plan review if a larger lot area is required to support the use.
(a)
Assisted-care living units, which for the purposes of this chapter shall be living units that do not constitute the definition of a "dwelling unit," but may contain separate living and sleeping space, and include central eating facilities at which residents take meals.
(b)
Nursing home, convalescent home, health-care services facility, home for the aged and other health-care-related facilities in combination with assisted-care living units with central facilities duplicating those centrally provided for congregate-care units and assistance with daily living services, including but not limited to bathing, dressing, mobility and medication supervision.
(c)
Any combination of the above.
(2)
Accessory uses. Certain related ancillary facilities shall be permitted, either in a separate building or in combination with assisted- and/or congregate-care units. Such ancillary facilities are deemed to be and shall function as accessory uses and shall be compatible with the residential character of the development.
(a)
Cafeteria.
(b)
Laundry.
(c)
Lounge.
(d)
Game room.
(e)
Recreation room.
(f)
Exercise or multipurpose room.
(g)
Workshop.
(h)
Library.
(i)
Sauna/Spa, exercise room, whirlpool.
(j)
Medical and/or emergency medical center, physical and speech therapy areas, first aid station, principally for the benefit of residents of the development.
(k)
Community and smaller private dining rooms, cocktail lounge, restaurant, coffee shop, and/or lounge areas.
(l)
Small retail store, convenience store, beauty parlor, barber shop, bank, post office, areas for crafts, games and other activities.
(m)
Chapel.
(n)
Rental units and/or guest rooms for visitors.
(o)
Social services office. (NOTE: Such office shall be for use by social service providers or others offering direct assistance to residents only to the extent that they meet the needs of the residents of the development.)
(p)
Playground (outdoor and/or indoor).
(q)
Adult day-care facility.
(r)
Twenty-four-hour security.
(s)
Maintenance facility.
§ 217-43 Ownership and maintenance of common property.
A.
The tract of land for a project may be owned, leased or controlled either by a single person, or corporation or a group of individuals or corporations. An application shall be filed by the owner or jointly by the owners and any other such controlling interest of all property included in a project. In the case of multiple ownership, the approved plan shall be binding on all parties.
B.
When common property exists, the ownership of such common property may be either public or private. When common property exists in private ownership, satisfactory arrangements must be made for the improvements, operation and maintenance of common property and facilities, including private streets, utilities, drives, service and parking areas, and recreational and open space areas.
C.
In reviewing the organization for the ownership and maintenance of any common property, the Town shall consider the following:
(1)
Timing the creation of the organization; provision for mandatory or automatic membership in the organization by residents, nonresidential occupants, property owners, etc.
(2)
Permanence of common property safeguards.
(3)
Liability of the organization for insurance, taxes, and maintenance of all facilities.
(4)
Provisions for pro-rata sharing of costs and assessments.
(5)
Capacity of the organization to administer common facilities.
D.
The applicant shall file with the Town a signed agreement, approved by the appropriate governmental authority, providing for the maintenance of all common property.
E.
In the event that the organization established to own and maintain common property, or any successor organization, fails to maintain such property in reasonable order, the Town Board may cause such property to be maintained in accordance with the procedure as follows:
(1)
The Town of Elmira may serve written notice upon such organization or upon the residents and owners of the development setting forth the manner in which the organization has failed to maintain the common property in reasonable condition, and said notice shall include a demand that such deficiencies of maintenance be cured within 30 days thereof, and shall state the date and place of a hearing thereon, which shall be held within 14 days of the notice.
(2)
At such a hearing, the Town may modify the terms of the original notice as to the deficiencies and may give an extension of time within which they shall be cured. If the deficiencies set forth in the original notice or in the modifications thereof shall not be cured within 30 days or any extension thereof, the Town, in order to preserve the taxable values of the properties within the development and to prevent the common property from becoming a public nuisance, may enter upon said common open space and maintain it for a period of one year. Said entry and maintenance shall not vest in the public rights to use the common open space except when the same is voluntarily dedicated to the public by the residents and owners. Before the expiration of said year, the Town shall, upon its initiative or upon the request of the organization theretofore responsible for the maintenance of the common property, call a public hearing upon notice to such organization, or to the residents and owners of the development to be held by the Town, at which hearing such organization or the residents and owners of the development shall show cause why such maintenance by the Town shall not, at the election of the Town, continue for a succeeding year.
(3)
If the Town shall determine that such organization is ready and able to maintain said common property in reasonable condition, it shall cease to maintain said common property at the end of said year. If the Town shall determine such organization is not ready and able to maintain said common property in a reasonable condition, the Town may, in its discretion, continue to maintain said common property during the next succeeding year, subject to a similar hearing and determination in each year thereafter.
(4)
The cost of such maintenance by the Town shall be assessed at the same proportion as each unit's assessed value bears to the total assessment of the development.
§ 217-44 Procedures for establishing.
A.
Any applicant requesting approval for a PMRD shall submit an application to the Town Board and the Planning Board in the form of a concept site plan as defined in § 217-50.
C.
The Planning Board may, based on its technical and environmental review of the preliminary site plan, recommend to the Town Board that the PMRD not be approved. Such recommendation shall include a detailed explanation of the reasons for its finding.
D.
Based on the technical and environmental review, the Planning Board may accept the preliminary site plan as meeting the objectives of this article, and shall forward to the Town Board its recommendation to modify the Zoning Law and establish the PMRD. The Planning Board's report shall include a statement of all conditions and covenants upon which the PMRD approval should be contingent.
E.
Within 62 days of the receipt of the Planning Board's recommendation, the Town Board shall, in accordance with Article VIII, advertise and hold a public hearing on the PMRD proposal. Within 62 days after such hearing, the Town Board shall approve or disapprove the rezoning. The Town Board may attach such conditions on the approval as it deems necessary.[1]
F.
Approval of the PMRD by the Town Board shall allow the Planning Board to act on the preliminary and, if required, final site plans.
G.
If the PMRD involves the subdivision of land into parcels for sale to individual owners, the developer shall prepare a subdivision plat suitable for filing with the Chemung County Clerk.
H.
For the purposes of regulating the PMRD and use of property after approval, all modifications, changes, and/or new development within the PMRD shall be subject to site plan approval by the Planning Board. Properties lying in the PMRD are unique and shall be so considered by the Planning Board when evaluating these requests; and integrity of the original intent and function of the planned unit shall be of primary importance.