Oneonta City Zoning Code
ARTICLE II
Zoning Districts Established.
[1]
Editor's Note: The Zoning Map is available in the office of the City Clerk or through the City's online version of the Code (eCode360®).
§ 300-5 Zoning districts.
For the purposes of this chapter, the City of Oneonta is hereby divided into the following zoning districts:
R-1 | Low-Density Residential District |
R-2 | Moderate-Density Residential District |
R-3 | High-Density Residential District |
R-4 | Transitional Residential District |
MU-1 | Downtown Mixed-Use District |
MU-2 | Gateway Mixed-Use District |
C/I | Commercial/Industrial District |
U | University District |
POS | Public Open Space District |
PUD | Planned Unit Development District |
§ 300-6 R-1 Low-Density Residential District.
A.
Purpose and intent. The general purpose of this residential zoning district is to provide for areas within the City of Oneonta that encourage lower-density single-family residential property development. Further, it is the intent of this district to encourage the construction and continuous use of lands for single-family residential dwellings that keep in character with existing neighborhoods in this part of the City.
B.
Permitted uses. Please see the Table of Permitted Uses by District, § 300-92, and the R-1 District Bulk and Use Table, § 300-93. Permitted uses are subject to the requirements specified elsewhere in these regulations, including, but not limited to, regulations applicable to all zoning districts in accordance with Article IV, site plan review and approval, if applicable, in accordance with Article VII, and subdivision of land, if applicable, in accordance with Article VIII.
C.
Uses requiring a special use permit. Please see the Table of Permitted Uses by District (§ 300-92) and the R-1 District Bulk and Use Table (§ 300-93). Certain uses require a special use permit from the Planning Commission, subject to the requirements of § 300-29. Such uses are subject to the general development standards for specific uses related to regulations applicable to all zoning districts found in Article IV, to site plan review and approval in accordance with Article VII and to other standards as may be required under site plan review by the Planning Commission to assure development and operation of the use without a detrimental impact on adjacent uses.
D.
Projects requiring site plan review. Please see the Table of Permitted Uses by District (§ 300-92) and the R-1 District Bulk and Use Table (§ 300-93).
(1)
All new buildings except buildings smaller than 200 square feet in floor area and additions to single-family dwellings, which additions are smaller than 600 square feet.
(2)
All uses permitted by special use permit.
(3)
Intensity thresholds requiring site plan review. When site plan review is required due to an intensity threshold only, the scope of the review shall be limited to consideration of the threshold.
(a)
Surface and subsurface drainage:
[1]
Project disturbing more than one acre of ground surface.
[2]
Coverage of more than 1/2 acre with impervious material.
[3]
Increase in impervious coverage to more than 30% of lot.
[4]
Projects involving the disturbance of more than 1,000 square feet of land surface with slopes greater than 15%.
E.
Prohibited uses. Uses that are not expressly permitted in the Table of Permitted Uses by District (§ 300-92) are prohibited.
F.
Lot size. Please see the R-1 District Bulk and Use Table, § 300-93.
G.
Setbacks.
(1)
Front yard setback. The minimum front setback is 30 feet.
(2)
Side and rear yard setbacks. Please see the R-1 District Bulk and Use Table, § 300-93.
H.
Maximum allowable impervious surface coverage. Impervious surface coverage of more than 1/2 acre or of more than 30% of the lot requires site plan review. Impervious coverage includes all impervious surfaces such as structures, parking areas, driveways and pedestrian walks.
I.
Height limitations. Please see the R-1 District Bulk and Use Table, § 300-93.
J.
Off-street parking requirements. Please see the Table of Parking Requirements by Use, § 300-101. In addition, all uses permitted in this district are subject to the additional parking and loading requirements set forth in § 300-61 of this chapter.
§ 300-7 R-2 Moderate-Density Residential District.
[Amended 3-21-2023 by Ord. No. 2-2023]
A.
Purpose and intent. The general purpose of this residential zoning district is to ensure that future residential development respects the scale and character of the existing neighborhoods. In promoting the general purpose of this chapter, the specific intent of the Moderate-Density Residential District is to:
(1)
Provide for a walkable, pedestrian-oriented environment built around the existing mix of single-family, two-family and multiple-family residential dwellings;
(2)
Limit commercial or other uses that would substantially interfere with or be detrimental to the character of these residential neighborhoods;
(3)
Prohibit additional conversions from single-family homes to two-family or multifamily homes;
(4)
Encourage the conversion of existing higher-density unrelated individual occupancies to senior citizen, family, or adult housing.
B.
Permitted uses. Please see the Table of Permitted Uses by District (§ 300-92) and the R-2 District Bulk and Use Table, § 300-94. Permitted uses are subject to the requirements specified elsewhere in these regulations, including, but not limited to, regulations applicable to all zoning districts in accordance with Article IV, site plan review and approval, if applicable, in accordance with Article VII, and subdivision of land, if applicable, in accordance with Article VIII.
C.
Uses requiring a special use permit. Please see the Table of Permitted Uses by District (§ 300-92) and the R-2 District Bulk and Use Table, § 300-94. Certain uses require a special use permit from the Planning Commission, subject to the requirements of § 300-29. Such uses are subject to the general development standards for specific uses related to regulations applicable to all zoning districts found in Article IV, to site plan review and approval in accordance with Article VII and to other standards as may be required under site plan review by the Planning Commission to assure development and operation of the use without a detrimental impact on adjacent uses.
D.
Projects requiring site plan review. Please see the Table of Permitted Uses by District (§ 300-92) and the R-2 District Bulk and Use Table, § 300-94.
(1)
All new buildings except buildings smaller than 200 square feet in floor area and additions to single-family dwellings, which additions are smaller than 600 square feet.
(2)
All uses permitted by special use permit.
(3)
Intensity thresholds requiring site plan review. When site plan review is required due to an intensity threshold only, the scope of the review shall be limited to consideration of the threshold.
(a)
Surface and subsurface drainage:
[1]
Projects disturbing more than one acre of ground surface.
[2]
Coverage of more than 1/2 acre with impervious material.
[3]
Increase in impervious coverage to more than 30% of lot.
[4]
Projects involving the disturbance of more than 1,000 square feet of land surface with slopes greater than 15%.
E.
Prohibited uses. Uses that are not expressly permitted in the Table of Permitted Uses by District (§ 300-92) are prohibited.
(1)
Exceptions:
(a)
Multifamily structures legally existing at the time of the adoption of this code shall be considered both conforming in use and structure to the R-2 zoning district. For the purpose of this section a "legally existing structure" shall be defined as a structure either constructed or converted in compliance with any applicable building code in effect at the time of the conversion, including any required permits and/or inspections.
F.
Lot size. Please see the R-2 District Bulk and Use Table, § 300-94.
G.
Setbacks.
(1)
Front yard setback. The minimum front setback is 20 feet.
(2)
Side and rear yard setback. Please see the R-2 District Bulk and Use Table, § 300-94.
H.
Maximum allowable impervious surface coverage. Impervious surface coverage of more than 1/2 acre or of more than 30% of the lot requires site plan review. Impervious coverage includes all impervious surfaces such as structures, parking areas, driveways and pedestrian walks.
I.
Height limitations. Please see the R-2 District Bulk and Use Table, § 300-94.
J.
Off-street parking requirements. Please see the Table of Parking Requirements by Use, § 300-101. In addition, all uses permitted in this district are subject to the additional parking and loading requirements set forth in § 300-61 of this chapter. The provision of new off-street parking for existing uses is prohibited.
§ 300-8 R-3 High-Density Residential District.
A.
Purpose and intent. The general purpose of the R-3 District is to provide for areas within the City where a broad range of housing types and densities can be provided in a variety of city neighborhood settings. In promoting the general purpose of this chapter, the intent of the High-Density Residential District is to:
(1)
Provide for a broad range of opportunities for the construction of one-, two- and multifamily housing and related accessory uses.
(2)
Permit commercial uses that are accessory to and incidental to residential uses on the same parcel.
B.
Permitted uses. Please see the Table of Permitted Uses by District (§ 300-92) and the R-3 District Bulk and Use Table, § 300-95. Permitted uses are subject to the requirements specified elsewhere in these regulations, including, but not limited to, regulations applicable to all zoning districts in accordance with Article IV, site plan review and approval, if applicable, in accordance with Article VII, and subdivision of land, if applicable, in accordance with Article VIII.
C.
Uses requiring a special use permit. Please see the Table of Permitted Uses by District (§ 300-92) and the R-3 District Bulk and Use Table, § 300-95. Certain uses require a special use permit from the Planning Commission, subject to the requirements of § 300-29. Such uses are subject to the general development standards for specific uses related to regulations applicable to all zoning districts found in Article IV, to site plan review and approval in accordance with Article VII and to other standards as may be required under site plan review by the Planning Commission to assure development and operation of the use without a detrimental impact on adjacent uses.
D.
Projects requiring site plan review. Please see the Table of Permitted Uses by District (§ 300-92) and the R-3 District Bulk and Use Table, § 300-95.
(1)
All new buildings except buildings smaller than 200 square feet in floor area and additions to single-family dwellings, which additions are smaller than 600 square feet.
(2)
Intensity thresholds requiring site plan review. When site plan review is required due to an intensity threshold only, the scope of the review shall be limited to consideration of the threshold.
(a)
Traffic: new uses requiring more than 30 parking spaces.
(b)
Project magnitude: projects larger than two acres.
(c)
Surface and subsurface drainage:
[1]
Projects disturbing more than one acre of ground surface.
[2]
Increase in impervious coverage to more than 60% of lot.
[3]
Coverage of more than 1/2 acre with impervious material.
[4]
Projects involving the disturbance of more than 1,000 square feet of land surface with slopes greater than 15%.
(d)
Building height: new buildings taller than three stories or 35 feet.
E.
Prohibited uses. Uses that are not expressly permitted in the Table of Permitted Uses by District (§ 300-92) are prohibited.
F.
Lot size. Please see the R-3 District Bulk and Use Table, § 300-95.
G.
Setbacks. Refer to New York State Building Code.[1]
[1]
Editor's Note: See Executive Law § 370 et seq.
H.
Maximum allowable impervious surface coverage. Impervious surface coverage of more than 1/2 acre or of more than 60% of the lot requires site plan review. Impervious coverage includes all impervious surfaces such as structures, parking areas, driveways and pedestrian walks.
I.
Height limitations. New buildings taller than three stories or 35 feet are subject to site plan review.
J.
Off-street parking requirements. Please see the Table of Parking Requirements by Use, § 300-101. In addition, all uses permitted in this district are subject to the additional parking and loading requirements set forth in § 300-61 of this chapter.
§ 300-9 R-4 Transitional Residential District.
A.
Purpose and intent. The general purpose of the Transitional Residential District (R-4) is to provide for areas within the City of Oneonta where a range of housing types can be provided in a traditional city neighborhood setting along with limited commercial development. In promoting the general purpose of this chapter, the intent of the Transitional Residential District is to:
(1)
Provide for a walkable, pedestrian-oriented environment built around single-family, two-family and multifamily residential dwellings on small, city lots.
(2)
Provide opportunities for construction of and conversion to two-family and multifamily occupancies at relatively higher densities than those which currently exist.
(3)
Provide opportunities for small-scale commercial development.
(4)
Provide opportunities for both horizontal and vertical mixing of residential and commercial uses at a slightly lower density than is provided for in the Gateway Mixed-Use District (MU-2).
(5)
Serve as a transition between lower-density residential areas and the primarily commercial areas.
(6)
Ensure that the appearance and functionality of buildings and uses are harmonious with the existing nature of the residential neighborhoods.
B.
Permitted uses. Please see the Table of Permitted Uses by District (§ 300-92) and the R-4 District Bulk and Use Table, § 300-96. Permitted uses are subject to the requirements specified elsewhere in these regulations, including, but not limited to, regulations applicable to all zoning districts in accordance with Article IV, site plan review and approval, if applicable, in accordance with Article VII, and subdivision of land, if applicable, in accordance with Article VIII.
C.
Uses requiring a special use permit. Please see the Table of Permitted Uses by District (§ 300-92) and the R-4 District Bulk and Use Table, § 300-96. Certain uses require a special use permit from the Planning Commission, subject to the requirements of § 300-29. Such uses are subject to the general development standards for specific uses related to regulations applicable to all zoning districts found in Article IV, to site plan review and approval in accordance with Article VII and to other standards as may be required under site plan review by the Planning Commission to assure development and operation of the use without a detrimental impact on adjacent use.
D.
Projects requiring site plan review. Please see the Table of Permitted Uses by District (§ 300-92) and the R-4 District Bulk and Use Table, § 300-96.
(1)
All new buildings except buildings smaller than 200 square feet in floor area and additions to single-family dwellings, which additions are smaller than 600 square feet.
(2)
Intensity thresholds requiring site plan review. When site plan review is required due to an intensity threshold only, the scope of the review shall be limited to consideration of the threshold.
(a)
Traffic: new uses requiring more than 10 parking spaces more than the previous use of the space or parcel.
(b)
Project magnitude: projects larger than one acre.
(c)
Surface and subsurface drainage:
[1]
Projects disturbing more than one acre of ground surface.
[2]
Lot coverage of more than 60% with impervious material.
[3]
Coverage of more than 1/2 acre with impervious material.
[4]
Projects involving the disturbance of more than 1,000 square feet of land surface with slopes greater than 15%.
(d)
Building height: buildings taller than three stories or 35 feet.
E.
Prohibited uses. Uses that are not expressly permitted in the Table of Permitted Uses by District (§ 300-92) are prohibited.
F.
Lot size. Please see the R-4 District Bulk and Use Table, § 300-96.
G.
Setbacks.
(1)
Front yard setbacks. Please see the R-4 District Bulk and Use Table, § 300-96.
(2)
Rear and side yard setbacks. Please refer to the New York State Building Code.[1]
[1]
Editor's Note: See Executive Law § 370 et seq.
H.
Maximum allowable impervious surface coverage. Impervious surface coverage of more than 1/2 acre or of more than 60% of the lot requires site plan review. Impervious coverage includes all impervious surfaces such as structures, parking areas, driveways and pedestrian walks.
I.
Height limitations. New buildings taller than three stories or 35 feet are subject to site plan review.
J.
Off-street parking requirements. Please see the Table of Parking Requirements by Use, § 300-101 . In addition, all uses permitted in this district are subject to the additional parking and loading requirements set forth in § 300-61 of this chapter.
(1)
No additional parking need be provided for a new use of an existing building or parcel unless the new use parking requirement exceeds by two the previous use parking requirement, and in that event only the required spaces exceeding two more than the previous use need be provided.
(2)
Parking may be provided either on site or within 200 feet of the site and must be provided in either the same district or in a contiguous R-4 District.
§ 300-10 MU-1 Downtown Mixed-Use District.
A.
Purpose and intent. The purpose of the Downtown Mixed-Use District (MU-1) is to provide for a mix of higher-density residential and commercial uses that will preserve and restore the unique character and architectural heritage of the City's downtown area. The intent of the MU-1 district is to:
(1)
Encourage both horizontal and vertical mixing of residential units with retail, restaurants, entertainment, and other commercial uses in order to create an active street life, enhance the vitality of businesses, and reduce vehicular traffic.
(2)
Generally encourage new development and redevelopment of a scale, density, and character consistent with the historic fabric of Main Street, but on Market Street allow for a wider range of scale, density, and character than that found on Main Street.
(3)
Ensure that appearance and functionality of buildings and uses are harmonious with the existing downtown character, especially the historic infrastructure of buildings, streets and public spaces.
(4)
Encourage carefully designed public spaces, on commercial and public properties and within the public right-of-way, that enhance the City's identity and encourage greater interaction among residents and visitors.
(5)
Preserve and enhance the downtown area's role as a center for commerce, leisure, and civic engagement.
B.
Permitted uses. Please see the Table of Permitted Uses by District (§ 300-92) and the MU-1 District Bulk and Use Table, § 300-97. Permitted uses are subject to the requirements specified elsewhere in these regulations, including, but not limited to, regulations applicable to all zoning districts in accordance with Article IV, design guidelines for mixed-use districts in accordance with Article V, site plan review and approval, if applicable, in accordance with Article VII, and subdivision of land, if applicable, in accordance with Article VIII.
C.
Uses requiring a special use permit. Please see the Table of Permitted Uses by District (§ 300-92) and the MU-1 District Bulk and Use Table, § 300-97. Certain uses require a special use permit from the Planning Commission, subject to the requirements of § 300-29. Such uses are subject to the general development standards for specific uses related to regulations applicable to all zoning districts found in Article IV, to the design guidelines for mixed-use districts in accordance with Article V, to site plan review and approval in accordance with Article VII and to other standards as may be required under site plan review by the Planning Commission to assure development and operation of the use without a detrimental impact on adjacent uses.
D.
Projects requiring site plan review. Please see the Table of Permitted Uses by District (§ 300-92) and the MU-1 District Bulk and Use Table, § 300-97.
(1)
All new buildings and additions except buildings smaller than 200 square feet in floor area.
(2)
Intensity thresholds requiring site plan review. When site plan review is required due to an intensity threshold, the scope of the review shall be limited to consideration of the threshold.
(a)
Facade changes of more than 25% of front facade.
(b)
Adequacy of parking/intensity of use: new uses requiring more than 25 parking spaces more than the previous use.
(c)
Intensity of use: new uses with a maximum permitted occupancy exceeding more than 100 more than the previous use.
(d)
Surface and subsurface drainage: projects involving the disturbance of more than 1,000 square feet of land surface with slopes greater than 15%.
(e)
Compatibility with adjacent zone districts: all new uses within 100 feet of R zone district boundaries.
(f)
All grade level dwelling units not prohibited elsewhere in § 300-10 of this Code.
[Added 2-19-2013 by Ord. No. 1-2013]
E.
Prohibited uses. Uses that are not expressly permitted in the Table of Permitted Uses by District (§ 300-92) are prohibited, unless they utilize, in total, less than 20% of the floor area of a mixed-use building. Such mixed-use building components are permitted only by special use permit.
F.
Off-street parking requirements. Please see the Table of Parking Requirements by Use, § 300-101. In addition, all uses permitted in this district are subject to the additional parking and loading requirements set forth in § 300-61 of this chapter.
(1)
New uses requiring more than 25 spaces more than the previous use of the space or parcel shall provide the number of spaces exceeding that 25.
(2)
New uses with parking requirements of 25 or less more than the previous use of the space or parcel need not provide off-street parking.
(3)
Required parking may be provided on or off site and may be provided anywhere within the MU-1 District.
(4)
Required parking may be provided as new public parking.
G.
Grade level dwelling units. Grade level dwelling units within 50 feet of the outer edge of the public right-of-way are prohibited.
[Added 2-19-2013 by Ord. No. 1-2013]
§ 300-11 MU-2 Gateway Mixed-Use District
A.
Purpose and intent. The purpose of the Gateway Mixed-Use District (MU-2) is to encourage the mixture of residential, commercial and public uses along the primary gateway corridors into Oneonta. Such uses should be designed in a manner that recognizes the importance of these gateway areas to visitors and residents alike. In addition, the MU-2 District will provide goods and services to residents, visitors, and those living in short walking distance in the adjacent neighborhoods. The intent of the Gateway Mixed-Use District is to:
(1)
Provide opportunities for both horizontal and vertical mixing of residential and commercial uses at a slightly lower density than is provided for in the Downtown Mixed-Use District (MU-1);
(2)
Encourage the construction of and continuous use of the land for moderate- to higher-density single-family and multifamily residential uses as well as commercial uses; and
(3)
Ensure that appearance and functionality of buildings and uses are harmonious with the existing character of the area.
B.
Permitted uses. Please see the Table of Permitted Uses by District, § 300-92, and the MU-2 District Bulk and Use Table, § 300-98. Permitted uses are subject to the requirements specified elsewhere in these regulations, including, but not limited to, regulations applicable to all zoning districts in accordance with Article IV, the design guidelines for mixed-use districts in accordance with Article V, site plan review and approval, if applicable, in accordance with Article VII, and subdivision of land, if applicable, in accordance with Article VIII.
C.
Uses requiring a special use permit. Please see the Table of Permitted Uses by District (§ 300-92) and the MU-2 District Bulk and Use Table, § 300-98. Certain uses require a special use permit from the Planning Commission, subject to the requirements of § 300-29. Such uses are subject to the general development standards for specific uses related to regulations applicable to all zoning districts found in Article IV, the design guidelines for mixed-use districts in accordance with Article V, to site plan review and approval in accordance with Article VII and to other standards as may be required under site plan review by the Planning Commission to assure development and operation of the use without a detrimental impact on adjacent uses.
D.
Projects requiring site plan review. Please see the Table of Permitted Uses by District (§ 300-92), and the MU-2 district Bulk and Use Table § 300-98.
(1)
All new buildings and new additions to existing buildings .
(2)
Intensity thresholds requiring site plan review. When site plan review is required due to an intensity threshold only, the scope of the review shall be limited to consideration of the threshold.
(a)
New uses requiring more than 25 parking spaces,
(b)
New uses with occupancy exceeding 25 occupants more than the previous use.
(c)
Surface and subsurface drainage:
[1]
Projects involving the disturbance of more than 1,000 square feet of land surface with slopes greater than 15%.
[2]
Impervious surface coverage of more than 1/2 acre.
[3]
Impervious surface coverage of more than 60% of the lot.
E.
Prohibited uses. Uses that are not expressly permitted in the Table of Permitted Uses by District (§ 300-92) are prohibited.
F.
Lot size. Please see the MU-2 district Bulk and Use Table, § 300-98.
G.
Setbacks.
(1)
Front yard setbacks. Please see the MU-2 district Bulk and Use Table, § 300-96.
(2)
Rear and side yard setbacks. Please refer to the New York State Building Code.
H.
Off-street parking requirements. Please see the Table of Parking Requirements by Use § 300-101. In addition, all uses permitted in this district are subject to the additional parking and loading requirements set forth in § 300-61 of this chapter.
(1)
No additional parking need be provided for a new use of an existing building unless the new use parking requirement exceeds by two the previous use parking requirement, and in that event only the required spaces exceeding two more than the previous use need be provided.
(2)
Parking may be provided either on site or within 250 feet of the site and must be provided in either the same district or in a contiguous R-4 District.
§ 300-12 C/I Commercial/Industrial District.
A.
Purpose and intent. The purpose of the Commercial/Industrial District (C/I) is to provide for areas within the City of Oneonta that encourage large- and small-scale commercial development as well as light and heavy industrial uses, and moderate-sized residential developments. Commercial and industrial operations must respect the character of surrounding residential uses by mitigating noise, pollution, and other environmental impacts.
B.
Permitted uses. Please see the Table of Permitted Uses by District (§ 300-92) and the C/I District Bulk and Use Table, § 300-99. Permitted uses are subject to the requirements specified elsewhere in these regulations, including, but not limited to, regulations applicable to all zoning districts in accordance with Article IV, site plan review and approval, if applicable, in accordance with Article VII, and subdivision of land, if applicable, in accordance with Article VIII.
C.
Uses requiring a special use permit. Please see the Table of Permitted Uses by District (§ 300-92) and the C/I District Bulk and Use Table, § 300-99. Certain uses require a special use permit from the Planning Commission, subject to the requirements of § 300-29. Such uses are subject to the general development standards for specific uses related to regulations applicable to all zoning districts found in Article IV, to site plan review and approval in accordance with Article VII and to other standards as may be required under site plan review by the Planning Commission to assure development and operation of the use without a detrimental impact on adjacent uses.
D.
Projects requiring a site plan review. Please see the Table of Permitted Uses by District (§ 300-92) and the C/I District Bulk and Use Table, § 300-99.
(1)
All new buildings and new additions to existing buildings require site plan review except buildings smaller than 200 square feet in floor area.
(2)
Intensity thresholds requiring site plan review: When site plan review is required due to an intensity threshold, the scope of the review shall be limited to consideration of the threshold.
(a)
Surface and subsurface drainage: projects involving the disturbance of more than 1,000 square feet of land surface with slopes greater than 15%.
(b)
Traffic: new uses requiring more than 50 parking spaces.
(c)
Project intensity: projects larger than three acres.
(d)
Compatibility with adjacent zone districts: all new uses within 200 feet of the C/I District boundaries.
E.
Prohibited uses. Uses that are not expressly permitted in the Table of Permitted Uses by District (§ 300-92) are prohibited, unless they utilize, in total, less than 20% of the floor area of a mixed-use building. Such mixed-use building components are only permitted by special use permit.
F.
Lot size. Please see the C/I District Bulk and Use Table, § 300-99.
G.
Maximum allowable impervious surface coverage. Impervious surface coverage of more than one acre or of more than 60% of the lot requires site plan review. Impervious coverage includes all impervious surfaces such as structures, parking areas, driveways and pedestrian walks.
H.
Height limitations. Please see the City of Oneonta bulk and use table, § 300-99.
I.
Off-street parking requirements. Please see the Table of Parking Requirements by Use, § 300-101. In addition, all uses permitted in this district are subject to the additional parking and loading requirements set forth in § 300-61 of this chapter.
§ 300-13 U University District.
A.
Purpose and intent. The purpose and intent of the University District (U) is to provide areas where higher educational institutions may continue to function and grow, and where a variety of residential uses may be developed in a sensitive and planned manner that preserves the integrity and long-term viability of the neighborhoods near which they are situated.
B.
Permitted uses. Please see the Table of Permitted Uses by District (§ 300-92), and the U District Bulk and Use Table, § 300-100. Permitted uses are subject to the requirements specified elsewhere in these regulations, including, but not limited to, regulations applicable to all zoning districts in accordance with Article IV, site plan review and approval, if applicable, in accordance with Article VII, and subdivision of land, if applicable, in accordance with Article VIII. Accessory college uses are permitted, provided that the applicant demonstrates that the use is clearly accessory in nature to the college (see definition of "accessory use").
C.
Uses requiring a special use permit. Please see the Table of Permitted Uses by District (§ 300-92) and the U District Bulk and Use Table § 300-100. Certain uses require a special use permit from the Planning Commission, subject to the requirements of § 300-29. Such uses are subject to the general development standards for specific uses related to regulations applicable to all zoning districts found in Article IV, to site plan review and approval in accordance with Article VII and to other standards as may be required under site plan review by the Planning Commission to assure development and operation of the use without a detrimental impact on adjacent uses. The following college accessory uses require a special use permit:
(1)
Convention center;
(2)
Golf course; and
(3)
Telecommunications facility or tower.
D.
Prohibited uses. Uses that are not expressly permitted above or in the Table of Permitted Uses by District (§ 300-92) are prohibited.
E.
Projects requiring site plan review. Site plan review shall be required as provided in Article VII of this chapter, the U District Bulk and Use Table, § 300-100, and the Table of Permitted Uses by District, § 300-92, and the following:
(1)
All new buildings and new additions to existing buildings require site plan review except buildings smaller than 200 square feet in floor area.
(2)
Intensity thresholds requiring site plan review: When site plan review is required due to an intensity threshold, the scope of the review shall be limited to consideration of the threshold.
(a)
Traffic: new uses requiring more than 100 parking spaces.
(b)
Project intensity: projects larger than four acres.
(c)
Surface and subsurface drainage:
[1]
Projects disturbing more than one acre of ground surface.
[2]
Coverage of more than 1/2 acre with impervious material.
[3]
Impervious lot coverage of more than 60%.
[4]
Projects involving the disturbance of more than 1,000 square feet of land surface with slopes greater than 15%.
(d)
Compatibility with adjacent zone districts: new uses within 200 feet of R zone district boundaries.
F.
Dimensions.
(1)
Where the property abuts a public right-of-way, the minimum front setback shall be 25 feet.
(2)
Where the property abuts any adjacent R-1, R-2, R-3, or R-4 Zoning District, the minimum setback from the boundaries of said adjacent district shall be 40 feet or the height of the building, whichever is greater.
(3)
Within 100 feet of a non-college-related residential district:
(a)
The minimum rear yard setback shall be 40 feet.
(b)
The minimum side yard setback shall be 12 feet or 1/2 of the height of the building, whichever is greater.
(c)
The maximum height shall be four stories, but in no case more than 45 feet.
(4)
Maximum height shall be 10 stories, but in no case more than 120 feet, except as described in Subsection F(3)(c) above.
(5)
Additional dimensional requirements may be determined by the Planning Commission as part of the site plan review process. This process shall be governed by the goals of encouraging compatibility with contiguous residential properties within the district, and with ensuring the general purpose of this district.
G.
Signs in the U District shall comply with § 300-26.
H.
Fences and buffering shall comply with all applicable requirements specified in §§ 300-51 and 300-58 of this chapter.
I.
Off-street parking requirements. Please see the Table of Parking Requirements by Use, § 300-101. In addition, all uses permitted in this district are subject to the additional parking and loading requirements set forth in § 300-61 of this chapter.
J.
Prior to July 1, 2012, colleges and universities shall submit a plan indicating current uses and a forward-looking projection of future changes to City Council and file this plan with the City Clerk. Permit applications for uses that are not in keeping with the plan shall require the college or university to revise the plan on file.
K.
Lighting design shall comply with the following requirements.
(1)
Exterior offset illumination of facades and landscape elements is encouraged. However, any building or landscape illumination shall be directed so that there is no overspill to adjacent properties.
(2)
The placement of freestanding lighting fixtures shall be in accordance with all required setbacks, except that lighting provided for the safety of the users of walkways, parking areas and landscaped areas located within setbacks is permitted.
L.
All uses shall be conducted in such a manner so as to preclude any nuisance or hazard, including creation or emission of dust, gas, smoke, noise, fumes, odors, vibrations, particulate matter, chemical compounds, electrical disturbance, humidity, heat, cold, glare, excessive night illumination, or runoff during construction. Prior to issuance of a building permit or a certificate of occupancy, the Code Enforcement Officer may require evidence that adequate measures have been provided to protect the public health, comfort, convenience, safety, and general welfare from any such nuisance or hazard.
§ 300-14 POS Public Open Space District.
A.
Purpose and intent. The purpose of the Public Open Space (POS) is to preserve the historic, scenic, recreational, and environmental value of officially designated parkland, trail corridors, environmentally sensitive areas such as steep slopes, wetlands, and heavily wooded areas, and other open spaces, which may or may not be accessible by the public. Further, the intent of the Public Open Space District is to provide areas for the development of new passive and active parks, multiuse trails, and small-scale environmental interpretive sites.
B.
Permitted uses. Please see the Table of Permitted Uses by District (§ 300-92). Permitted uses are subject to the requirements specified elsewhere in these regulations, including, but not limited to, regulations applicable to all zoning districts in accordance with Article IV, site plan review and approval, if applicable, in accordance with Article VII, and subdivision of land, if applicable, in accordance with Article VIII.
C.
Uses requiring a special use permit. Please see the Table of Permitted Uses by District (§ 300-92). Certain uses require a special use permit from the Planning Commission, subject to the requirements of § 300-29. Such uses are subject to the general development standards for specific uses related to regulations applicable to all zoning districts found in Article IV, to site plan review and approval in accordance with Article VII and to other standards as may be required under site plan review by the Planning Commission to assure development and operation of the use without a detrimental impact on adjacent uses.
D.
Prohibited uses. Uses that are not expressly permitted in the Table of Permitted Uses by District (§ 300-92) are prohibited.
§ 300-15 PUD Planned Unit Development Districts.
A.
Purpose and intent. The purpose and intent of this district is to provide for the creation and establishment of a flexible zoning district to accommodate major multiuse developments within the City of Oneonta. This district provides a mechanism to accommodate and ensure compatibility among varied land uses, fosters innovation in site planning and development and encourages sound design practices. The further purpose of this district is to encourage planned developments, in which diverse uses may be brought together in a compatible and unified plan which shall be in the interest and general welfare of the public.
B.
Establishment of PUD. Approval of a planned unit development and subsequent issuance of a building permit requires the establishment of a PUD Planned Unit Development District through a change in zone, after public hearings by the Council, and Council approval of a final development plan and also after a public hearing.
C.
Procedure. The procedure for obtaining a change in zone for undertaking development within a Planned Unit Development District shall be as follows:
(1)
Prior to making any formal submission, it is advised that the applicant arrange to meet with the City of Oneonta Planning Commission and the City Engineer for a pre-application conference in order that the nature of his proposal and application procedure can be discussed.
(2)
The owner (or agent thereof, hereinafter referred to as "owner" of the land) shall submit four copies of a preliminary development plan to the City Engineer and an application for a change of zone.
(3)
The City of Oneonta Planning Commission shall discuss the application and shall review the preliminary development plan with the assistance of the City Engineer and with the owner. The City of Oneonta Planning Commission and the City Engineer shall prepare recommendations to the Council with regard to the preliminary development plan and the proposed change of zone.
(4)
Within 60 days of receipt of a request for a change in zone, public notice shall be given and public hearing held by the Council on the proposed change of zone, subject to the specifications of the preliminary or final development plan. At least 10 days prior to the date of public hearing, the Council shall send written notice of any proposed amendment affecting property within 500 feet of the boundaries of any city, village, town, county, state parkway or park, or within the protectively zoned area of a housing project authorized under the Public Housing Law to the affected jurisdiction. The Council may simultaneously hold a public hearing on the final development plan as required by this article.
(5)
Within 45 days of the public hearing, the Zoning Map may be amended, in accordance with Council approval, so as to define the boundaries of the Planned Unit Development District.
(a)
In the event that the Council grants the change of zone, subject to modifications in the preliminary or final development plan, the amendment granting the change of zone shall specify the required modifications.
(b)
If the change of zone is granted, such change shall be enacted as an ordinance amending this chapter in accordance with the procedure specified in the Charter and § 83 of the General City Law.
(6)
Prior to the issuance of a building permit, the Council must approve, after public hearing, the final PUD development plan. The approval of final plans after the required public hearing may occur simultaneously with an approval of a zone change to a PUD District. Final development plans must be submitted to the City Engineer and the City of Oneonta Planning Commission for their review and recommendations.
(7)
Prior to the issuance of a building permit, the Council shall determine and approve the form and sufficiency of any performance bond obtained by the owner and the acceptability of any offers of cession, deeds or restrictive covenants.
D.
Existing PUD Districts. Where the Planned Unit Development District classification exists on the Zoning Map, no application for change of zone to undertake the planned unit development need be submitted. However, the development plan in this case must be reviewed by the City Engineer and the City of Oneonta Planning Commission and approved by the Council.
E.
Submission requirements.
(1)
Preliminary development plan. The owner shall submit an application for change of zone with a preliminary development plan which shall consist of the following:
(a)
Survey of the property, showing existing features of the property, including contours, buildings, structures, trees of over four inches in trunk diameter, streets, utility easements, rights-of-way and adjacent land use.
(b)
Proposed site plan, showing building locations, occupancy and land use areas, including any subdivision intended within the district.
(c)
Proposed traffic circulation, parking areas, pedestrian walks and landscaping.
(d)
Proposed construction sequence for buildings, parking areas and landscaped areas.
(e)
Proposed public utilities plan, including water supply, sewerage and stormwater drainage.
(2)
Development plan. The owner shall submit a development plan for review and approval prior to the issuance of a building permit. Plans and specifications shall bear the signature of the person responsible for the design and drawings and, where required by §§ 7209 and 7307 of the Education Law, the seal of a licensed architect or licensed professional engineer. The development plan shall include:
(a)
Site plan showing proposed building locations and land use areas.
(b)
Traffic circulation, required parking and loading areas and pedestrian walks.
(c)
Landscaping plan, including site grading and landscape planting and structures.
(d)
Preliminary drawings of buildings to be constructed in the current phase, including floor plans, exterior elevations and sections.
(e)
Final engineering plans, including street improvements, drainage system and public utility extension.
(f)
Engineering feasibility studies for the solution of any anticipated problems which might arise due to the proposed development, as required by the City Engineer.
(g)
Offers of cession and proposed restrictive covenants.
(h)
Construction sequence and time schedule for completion of each phase for buildings, parking spaces and landscaped areas, as applicable.
(i)
Complete documentation of means for the continual maintenance of common open space and buildings.
F.
Review standards. The City of Oneonta Planning Commission may recommend and the Council may establish a Planned Unit Development District and approve a development plan, provided that they find the facts submitted establish that:
(1)
The uses proposed will not be detrimental to the natural characteristics of the site or to present and potential surrounding uses, but will have a beneficial effect which could not be achieved under any one district.
(2)
Land surrounding the proposed development can be developed in coordination with the proposed development and be compatible in use.
(3)
Any proposed change to a Planned Unit Development District is in conformance with the general intent of the Comprehensive Plan for the City.
(4)
Existing and proposed streets are suitable and adequate to carry anticipated traffic within the proposed district and in the vicinity of the proposed district.
(5)
Existing and proposed utility services are adequate for the proposed development.
(6)
Each phase of the proposed development, as it is proposed to be completed, contains the required parking spaces, landscape and utility areas necessary for creating and sustaining a desirable and stable environment.
G.
Planned Unit Development District requirements.
(1)
Uses permitted. All uses permitted in the districts of this chapter, except industrial and manufacturing uses, are permitted uses in a Planned Unit Development District.
(2)
Minimum area. The minimum district area shall be two contiguous acres or one entire City block.
(3)
Residential density requirements. A residential density shall not exceed one dwelling unit per 1,000 square feet of lot area.
H.
Off-street parking and loading requirements. All uses are subject to the parking and loading requirements as set forth in § 300-61 and the Bulk and Use Tables[1] in this chapter.
[1]
Editor’s Note: The Bulk and Use Tables, listed in §§ 300-92 through 300-101, are included at the end of this chapter.
I.
Signs.
(1)
The following signs shall be permitted in a Planned Unit Development District:
(a)
Identification signs for public and semipublic uses.
(b)
Directional signs for the control of traffic and parking and signs for other public purposes and information.
(c)
One sign not exceeding 20 square feet which identifies the complex or development. Such sign shall not be located closer than 10 feet to any lot line.
(d)
One sign, not exceeding nine square feet, which identifies each building or the uses within each building within the development.
(e)
For commercial uses, one business identification sign located in each separate use or establishment for each separate use or establishment that fronts on a public street, parking area or mall. The area of such sign may not be more than one square foot for each lineal foot of the building frontage which it occupies, not to exceed 30 square feet.
(f)
Signs other than freestanding signs permitted in this district shall not project at right angles from buildings, shall be affixed parallel to the face of the buildings and shall not project a distance greater than 12 inches from the building face. No sign shall project above the roofline of any building.
(g)
Illuminated signs shall be so shielded as not to cast direct light into the street or any adjacent property.
(2)
No flashing or rotating signs shall be permitted.