Grand Island City Zoning Code
ARTICLE X
R-2 Attached/Detached Single-Family Residential District
§ 407-41 Purpose.
[Amended 1-19-2016 by L.L. No. 2-2016]
The R-2 Attached/Detached Single-Family Residential District allows for the development of single-family attached and detached residential dwellings, including townhouses and patio home configurations. The following shall apply to all R-2 Districts in the Town.
NOTE: Local Law No. 2 of 2016 amended Article X of Chapter 407 by, among other things, deleting "duplex" as a principal use in R-2 zones and amending the building standards regarding the number of units in a single contiguous structure in R-2 zones. That local law did not affect the legal status of any existing duplex and/or townhome over four units. Similarly, that local law did not affect the status of any existing duplex and/or townhome over four units per building as a legal nonconforming use and structure.
§ 407-42 Principal uses and structures.
The following are principal uses:
§ 407-43 Accessory uses and structures.
The following are the accessory uses, buildings and structures permitted in the district, provided that such accessory uses and buildings are not constructed until the main building has been constructed:
A.
Residential developments shall comply with the Town subdivision provisions (Town Code Chapter 327).
B.
All accessory uses and structures allowed in the R-1E District.
C.
Off-street parking areas for storage of private vehicles in connection with occupants of residential structures.
D.
Structures required for the exclusive and customary maintenance of the primary permitted use.
E.
Indoor and outdoor recreation facilities for the exclusive use of the residents of the primary permitted use. Such accessory uses shall be operated on a not-for-profit basis, and shall not be rented out or used by nonresidents, except incidental use by guests of residents.
F.
Recreational facilities such as open or enclosed tennis courts, exercise facilities, picnic areas, gazebos or swimming pools.
G.
One structure to house maintenance shops and vehicles to be used exclusively for the maintenance and management of the single-family attached dwelling unit development.
H.
Common space for the exclusive use and convenience of residents of the single-family attached dwelling development and their guests to park vehicles. Such common space shall be adequately landscaped and buffered so as to screen the site from adjacent areas and uses.
§ 407-44 Uses permitted upon issuance of special permit.
§ 407-45 General requirements.
All development in the R-2 District shall adhere to the following:
A.
Residential developments shall comply with the Town subdivision or site plan provisions (Town Code Chapter 327).
B.
Each dwelling unit shall be located, constructed and served by public facilities, services and utilities in such a fashion that each dwelling unit may be sold individually.
[Amended 1-19-2016 by L.L. No. 2-2016]
C.
Plans submitted for single-family attached dwelling developments shall identify areas for dedication to the Town, areas to be held in common ownership, and/or property to be owned by individuals.
D.
Common property, except when accepted by the Town Board for dedication to the Town, shall be privately owned. Where property is to remain in common ownership, the applicant shall provide for and establish an organization for the ownership and maintenance of such common property including sanitary sewers, water mains, storm drainage systems, roadways, and other improvements constructed on common or jointly held property. Rules and regulations proposed to govern the operation and maintenance of all common property shall be submitted for review and approval by the Planning Board and shall comply with the applicable requirements of the New York State Attorney General's office.
E.
Common property shall not be changed from its status or use as common property without specific authorization by resolution of the Town Board. In reviewing proposals for the establishment or organizations to govern the ownership and maintenance of any common property, the Town Board shall among other factors consider and determine the adequacy of:
(1)
The timetable for creation of the organization.
(2)
The resident requirements for membership in the organization.
(3)
The safeguards to ensure the continuance of the common property as common property.
(4)
The liability of the organization for insurance, taxes, and maintenance of all facilities.
(5)
The provisions of pro rata sharing of costs and assessments.
(6)
The financial capacity of the organization to maintain and administer common facilities.
(7)
The proposed relationship between the developer and the organization and the plan to turn over the responsibility for the maintenance and administration of common facilities to the organization.
(8)
If the organization becomes defunct or fails to carry out its responsibilities as defined in these regulations, then each landowner within the project area will be held both individually and collectively responsible for all actions and responsibilities listed herein as being the responsibility of the homeowners' association.
F.
Approval of provisions governing construction, operation, and maintenance of a single-family attached residential development will be based on local considerations and subordinate to actions of the New York State Attorney General.
G.
The standards of design and construction for private streets and utilities shall meet applicable Town specifications for public streets. All privately owned public improvements, such as waterlines, sanitary sewers, storm sewers, and pavement with curbs are to be constructed, tested, and maintained in accordance with Town standards. With the exception of the water main, the utilities and roadway will remain in private ownership and be maintained through the landlord or homeowners' association. The water main shall be constructed in an easement to the Town, and the homeowners' association shall enter into an agreement with the Town for maintenance.
H.
All sanitary sewers, storm sewers, and waterlines shall be located adjacent to the pavement where practically possible to allow for access for maintenance. All utility lines which provide electric, gas, telephone, television or other similar services shall be installed underground. Surface-mounted equipment shall be located in a manner so as to minimize visual impact and potential conflict with other uses and activities.
I.
The developer shall employ a professional engineer to certify to the Town Engineer that all public improvements have been constructed in accordance with Town specifications. Nothing in this subsection shall relieve the developer of responsibility for obtaining a public improvement permit.
J.
Natural features including streams, drainageways, and existing trees, shall be preserved and incorporated in the landscaping of the development to the fullest extent practical.
K.
The Town Board may require a staging plan as part of the site plan application for any project with a construction period of two years or more. The staging plan shall be clearly identified on documents submitted with the site plan application and shall contain the area of the development in each phase, dates anticipated for the start and completion of project activities and various phases. The proposed staging plan shall be a part of the site plan application. The Town Board may approve a request for staging, provided that the applicant can demonstrate that such staged single-family attached dwelling unit development shall:
(1)
Enable each single-family attached dwelling unit to be completed and ready for occupancy prior to the start of development of the next phase.
(2)
Not effect the residents' use and enjoyment of each dwelling unit or any open space.
(3)
Not necessitate development activity (such as utility extensions, construction vehicles, etc.) that would interfere with developed single-family attached dwelling unit clusters.
(4)
Not require more than 24 months to complete all development activities on any site of five aces or less.
L.
Because the R-2 District presents a transition between higher and lower densities, or with nonresidential districts, appropriate buffers may be required between the R-2 District and adjoining districts, greater or different in nature than those minimum buffers required by this chapter. The Planning Board shall consider and the Town Board may adopt buffers as appropriate to each subdivision or site plan, based on the terrain, existing developments and uses, and the proposed development and use. Said buffers may be composed of greenspace, vegetated areas, fences, berms or other forms as the Boards see fit.
[Added 1-19-2016 by L.L. No. 2-2016]
M.
Given the goals of the R-2 District and the benefits of increased open space, reduced infrastructure, and the potential preservation of environmentally sensitive areas and other unique characteristics of the parcel of land being developed, applicants for subdivisions and the Planning Board shall consider a cluster subdivision alternative for each proposed subdivision in the R-2 Zone.
[Added 1-19-2016 by L.L. No. 2-2016]
§ 407-46 Building standards.
Development in the R-2 District should adhere to the following building standards, but deviations approved in a site plan do not require a variance.
A.
No more than four dwelling units shall be included in a single contiguous structure.
[Amended 1-19-2016 by L.L. No. 2-2016]
B.
The roofline of each continuous structure will be varied at least once for each two dwelling units.
C.
No building shall exceed a maximum length of 160 feet measured along the exterior facade of each unit within the structure. Minimum distance between buildings shall be 60 feet.
D.
Single-family attached dwelling unit buildings shall be related to one another in design, building mass, materials, and placement to provide a visually and physically integrated development.
F.
The treatment of the sides and rear facades of all buildings in a development shall be comparable in amenity and appearance to the treatment of any building facade which faces a public street and complimentary in architectural design to adjacent residential structures.
G.
Building walls shall be orientated so as to ensure adequate exposure of light and air to each dwelling unit and to the rooms within.
H.
Buildings shall be arranged so as to preserve visual and audible privacy between each dwelling unit and adjacent buildings.
I.
Building entranceways of adjacent dwelling units in the same structure shall be designed to ensure privacy of occupants by varying the setbacks of entranceways or by providing screening or landscaped plantings, as appropriate.
J.
Building entranceways shall be provided with appropriate illumination for the convenience and safety of residents. Such lighting shall be shielded to avoid glare on adjacent properties and dwellings.
K.
All dwelling units shall include ground floor living space. The location of an enclosed garage shall not qualify as meeting this requirement.
L.
All fencing of common areas shall be shown on the site plan and comply with this code.