Thomaston City Zoning Code
ARTICLE XI
Office Building OB-A District
§ 203-71 Uses permitted.
No building may be erected, altered or used, and no lot or premises may be used, except for one or more of the following purposes:
A.
Religious uses, with the permission of the Board of Trustees, subject to the provisions of this chapter.
B.
Office building for business or professional offices, including medical offices.
C.
Bank or financial institution, with the permission of the Board of Trustees, subject to the provisions of this chapter.
D.
Public library, police station, fire station or municipal building.
E.
The following uses, buildings or structures, when accessory to a permitted principal use on the same premises:
(1)
Customary accessory uses if located entirely within the principal structure and if such uses do not in the aggregate exceed 50% of the area of the principal use.
(2)
Off-street parking, open, covered or enclosed, provided that no part of an accessory parking area or structure may be used for storage, servicing, repair or dismantling of automobiles or other vehicles.[1]
[1]
Editor's Note: Former Subsections E(3) through E(6), Building identification wall signs, Building identification ground signs, Directional signs, and Sign lighting, respectively, which immediately followed this subsection, were repealed 11-26-1996 by L.L. No. 15-1996.
§ 203-71.1 Incentive uses in OB-A District.
[Added 2-1-2005 by L.L. No. 1-2005[1]]
With an incentive use permit from the Board of Trustees, a property in the OB-A District having an area of at least 2.5 acres may be used for a health and fitness facility, as an incentive use pursuant to Village Law § 7-703, in accordance with the terms and conditions of this section.
A.
An applicant for an incentive use permit for a health and fitness facility shall provide to the Board, in addition to any other information customarily required in applications to the Board of Trustees or Board of Appeals for special use permits, a master plan for the entire site where such use or facility is proposed, including a landscaping plan.
B.
For the purposes of this section, a "health and fitness facility" may include one or more of the following activities, and facilities therefor, provided that all such activities [other than those described in Subsection B(10)] are conducted by the same business entity, and within the premises of one business enterprise:
(1)
Health club, including steam rooms and sauna rooms,
(2)
Swimming pool(s);
(3)
Spa;
(4)
Whirlpool bath (e.g., jacuzzi);
(5)
Squash and racquetball courts;
(6)
Group fitness programs, yoga, pilates, spinning, or other similar exercise activity;
(7)
Personal training;
(8)
Massage and other related modalities, on condition that services are provided only by licensed massage therapists or other appropriately licensed persons, and such services are rendered only to patrons of the health and fitness facility;
(9)
Health, fitness and dance-related educational programs;
(10)
Offices for physical therapy and rehabilitation, including offices for qualified professionals, provided that all persons receiving such services are patrons of the health and fitness facility, and further provided that such offices do not exceed in the aggregate 7% of the floor area of the facility;
(11)
Babysitting services for children of patrons participating in activities on the premises, and not for the general public;
(12)
Coffee, juice and/or health food bar serving only nonalcoholic beverages and food, and serving only to patrons participating in activities on the premises and not to the general public. Cooking shall not be permitted at the premises. All food sold at such facility shall be pre-prepared and may be heated or warmed on the premises prior to sale;
(13)
Retail sales of sporting goods and apparel to patrons participating in activities on the premises, but not to the general public, provided that the floor area of such facilities in the aggregate shall not exceed 2.5% of the floor area of the entire health and fitness facility.
C.
Whether or not such condition is stated in the approval of an incentive use permit, it shall be a specific and express condition of any such permit issued for a health and fitness facility that the facility be constructed and operated in compliance with all applicable governmental licensing requirements.
D.
A building or lot in the Office Building OB-A District used for a health and fitness facility pursuant to an incentive zoning permit shall not be used for any other use.
E.
Gross floor area. The total gross floor area for a health and fitness facility, and for all other uses in the same building or on the same site, shall not exceed a floor area ratio of 0.32, and shall in no event exceed 31,670 gross square feet. For the purposes of this calculation, the area of the site shall include all contiguous property in common ownership, whether or not such contiguous property is located in the OB-A District.
F.
Coverage; height. Notwithstanding any other provision of law:
(1)
The lot coverage for all buildings and structures on any premises containing a health and fitness facility shall not exceed 15% of the area of the lot on which such facility is located.
(2)
No building may exceed 50 feet in height (to the top of the highest point of the structure or any part thereof, including rooftop equipment, projections, parapets, antenna, signs and other structures or appurtenances).
G.
Yard regulations.
(2)
Permitted obstruction in yards. Notwithstanding any other provision of law, or any provision for minimum yard setback, a building containing a health and fitness facility may have the following obstructions or projections in yards:
(3)
The foregoing yard regulations may be modified by the Board of Trustees in granting any incentive zoning permit pursuant to the provisions of this section where appropriate for preservation of natural features of property or to facilitate landscaping.
H.
Service bays. The Board of Trustees shall have the power, by resolution, to require buildings containing health and fitness facilities to provide such service bays as it deems appropriate.
I.
Provisions for public amenities.
(1)
An applicant for an incentive use permit for a health and fitness facility shall include in any such application a plan or proposal for the provision of public amenities, including facilities for public use, and whether by transfer, gift, lease, easement or otherwise, to the extent that the same may be acceptable to the Board of Trustees, and feasible and adequate. The determination whether any such plan is acceptable, feasible, adequate, or in a form acceptable to the Village shall rest in the sole and unfettered discretion of the Board of Trustees.
(2)
In connection with the grant of an application under this section, the Board of Trustees may impose any additional terms and conditions which it finds necessary and appropriate to protect the public health, safety and general welfare.
J.
Parking. A health and fitness facility shall provide not less than one parking space for each 210 square feet of building floor area. Geometric design standards for such spaces shall be as customarily established for the OB-A District, except that parking spaces may be located within a structure, or underneath a structure, as authorized by the Board of Trustees as part of the incentive zoning permit.
K.
Street frontage. The property shall have frontage of at least 150 linear feet along a county or state road, and at least 250 linear feet along any other road.
L.
Public hearing. No incentive use permit shall be granted pursuant to this section except after a public hearing before the Board of Trustees. The said public hearing shall be held and conducted in the same manner as if it were a public hearing on an application to the Board of Appeals for a use variance, but the determination whether to grant an incentive zoning permit shall be in the sole discretion of the Board of Trustees.
M.
Costs. As required by Village Law § 7-703(3) (c), any applicant who applies for an incentive use permit pursuant to this section within five years after the approval of any incentive use permit pursuant effective date of this section shall pay to the Village a proportionate share of the cost of any generic environmental impact statement and other studies prepared in connection with the enactment of this section or in the authorization of any incentive use permit issued pursuant to this section within the five-year period immediately prior to such application. Said costs shall be added to any other site-specific charges authorized to be imposed on said applicant for environmental studies and review. These costs shall be apportioned among applicants according to the number of applicants required to share in such costs. Monies paid by a prior applicant shall be proportionately reimbursed in the event of a subsequent applicant which may be responsible for, and pays, a portion of these costs.
N.
The determination by the Board of Trustees whether to grant an application for an incentive use permit pursuant to this section shall be in the sole discretion of the Board of Trustees. No person or entity shall have any right to such a permit under any circumstances unless and until such a permit is approved by the Board of Trustees. Any such approval by the Board of Trustees may be granted upon reasonable conditions.
[1]
Editor's Note: This local law also stated that it would expire one year after the effective date, except that its provisions would remain in effect with respect to any health and fitness facility for which application was made prior to the expiration date and for which an incentive use permit was approved by the Board of Trustees.
§ 203-72 Building height restrictions.
No building or structure in the Office Building OB-A District shall exceed three stories or be more than 45 feet in height, except that elevator or stair bulkheads and mechanical equipment installed on the roof may project 10 feet in excess of the height of the top story of such building, provided that they are set back from the roof edge and are screened from view in a manner approved by the Design Review Board, and further provided that they do not exceed 10% of the roof area.
§ 203-73 Second-story headroom; off-street loading spaces.
Second-story floor structures shall have a clear headroom of not less than nine feet above grade at any point below such structure. All off-street truck loading spaces shall be located contiguous to or under the structure.
§ 203-74 Front yard area; screening and landscaping.
A.
There shall be a front yard of not less than 15 feet. Such yard shall consist of a landscaped area interrupted only by paved pedestrian entry walkways, seating areas and access driveways, provided that the aggregate width of such driveways shall not exceed 20% of the lot width at the street line and in no event more than 35 feet.
B.
Except for such openings as are necessary for ingress and egress to and from the accessory off-street parking on said property, the front yard, including all walkways and pedestrian areas on the lot, shall be screened from any adjacent accessory parking areas on the lot by a solid masonry wall which is at least five feet in height above the grade level. Such wall shall be designed, constructed and maintained of materials which are similar and complementary to the materials and design of the main building on the lot or of such other materials or design as may be approved in writing, in advance, by the Design Review Board. In its discretion, the Design Review Board may permit the highest 20% of such wall to consist of plantings which will create an all-year-round solid screen at the top of said wall.
C.
Front landscaped areas shall be planted in accordance with village specifications and the following general standards:
(1)
On-grade planting shall consist of a basic ground cover or an acceptable foundation-type planting, except that on-grade planting over an underground parking structure shall consist of an acceptable foundation-type planting in a raised masonry planter.
(2)
Street trees shall be provided along all street fronts abutting the site, in accordance with the approved site plan.
D.
For the purposes of this Article, any yard along a secondary street on a corner lot shall be deemed to be a front yard.
§ 203-75 Rear yard area; screening, landscaping and use.
A.
There shall be a rear yard of not less than 45 feet. At the time of site plan approval, the Board of Trustees shall determine what portion of the rear yard, if any, shall be devoted exclusively to landscape screening.
B.
Except for areas devoted to required landscaping or screening, the rear yard may be used for accessory off-street parking.
§ 203-76 Side yard requirements.
A side yard of not less than eight feet shall be required along all side property lines.
§ 203-77 General screening and landscaping requirements.
A.
Plans for all required landscaping and screening shall be prepared by a licensed landscape architect or any other individual or firm which is recognized by the Board of Trustees as being competent to prepare such plans.
B.
Approval by the Planning Board of the landscape and screening plan and approval by the Design Review Board of the design and finish of any required masonry wall shall be a prerequisite to approval of a site plan for any building or structure.
C.
All required planting and screen walls shall be maintained by the owner of the property on which they are located. This shall include, but not be limited to, the replacement in kind and size of trees and shrubs of whatsoever type within the required planting area which may die and/or the repair of required screen walls. The owner shall, within 30 days of the written order of the Building Official, replace any tree or shrub and/or repair any wall required by this Article or by the approved site plan.
§ 203-78 Underground off-street parking structures.
A.
Accessory off-street parking structures may project above the adjacent grade, provided that such above-grade projection does not intrude into any required front yard or into any required planting or landscape area, nor shall such projection (when facing any street) be higher than three feet above the mean grade established by the average of the grades at each end of the frontage on such street.
B.
If such parking structure is totally below grade, it may extend to all property lines, provided that a minimum depth of 2 1/2 feet of earth for planting exists and is maintained over such a structure within any required planting or landscaped area.
C.
In no case shall any part of any parking structure extend beyond the Office Building OB-A District boundary line.
§ 203-79 Minimum lot area.
No building or structure shall be erected or occupied unless the site on which said building is located has a minimum area of two acres.
§ 203-80 Minimum required off-street parking.
[Amended 6-13-1994 by L.L. No. 8-1994[1]]
Each building or structure or use in the Office Building OB-A District shall provide at least the off-street parking required by § 203-125 of this chapter. Notwithstanding those provisions, business and professional offices and banks and financial institutions shall provide at least one parking space for each 225 square feet of gross floor area, and medical offices or other medical uses shall provide at least one space for each 150 square feet of gross floor area. In appropriate cases, the Board of Trustees may require additional off-street parking at the time of site plan approval.
[1]
Editor's Note: This local law was amended 2-13-1995 by L.L. No. 2-1995 to be applicable to any building for which a building permit is issued on and after October 3, 1994.
§ 203-81 Site plan approval.
[Amended 4-30-1996 by L.L. No. 6-1996]
No building permit shall issue for any building or structure prior to the approval by the Board of Trustees of a master site plan designed to coordinate grades and drainage, internal circulation and access driveways, location of buildings and structures, landscaping, planting and screening, truck loading areas and the general character and location of site improvements. Prior to approving any such master site plan, the Board of Trustees may seek the recommendations of the Design Review Board.
§ 203-82 Master site plan submission requirements.
A.
A master site plan submission shall consist of a site plan map, at a scale of one inch equals 20 feet or smaller, but only if approved by the Building Official as sufficient to illustrate field conditions and the proposed development, on sheets numbered in sequence when more than one sheet is used.
B.
The master site plan shall contain at least the following information:
(1)
Title and tax block number.
(2)
The name and signature of applicant(s) responsible for compliance with all requirements.
(3)
The name, signature and seal of the licensed professional responsible for map preparation.
(4)
North arrow, scale.
(5)
Spaces for dates of original preparation and all revisions.
(6)
Boundaries of the site to be developed, based on a current survey certified by a licensed land surveyor as accurate.
(7)
Existing and proposed contour lines, at two-foot intervals, based upon actual field topography.
(8)
Proposed street lines with a notation providing for gratuitous dedication or offer of dedication to the appropriate agency (village, county or state) of any proposed widening.
(9)
The location of any feature shown on village, county, state or federal maps which may have the effect of restricting development.
(10)
Existing easements of record (access, drainage, sewer, power, etc.) affecting development of the site.
(11)
Lot lines as shown on the latest official Tax Maps of the appropriate jurisdiction.
(12)
Adjacent properties, with tax lot numbers and names of owners of record as shown on the current tax rolls received from the Nassau County Tax Assessor no longer than 30 days prior to submission.
(13)
Zoning, school, sewer, fire and other district boundary lines.
(14)
Watercourses and water bodies, with any proposed changes, and rock outcrops or wooded areas.
(15)
Single trees of over eight-inch diameter at four feet above ground level.
(16)
Existing and proposed utility poles, fire hydrants, walls and any other permanent man-made land features.
(17)
Existing land uses and buildings on the site and authority for the same (i.e., special permit, variance, conforming or nonconforming).
(18)
Location, dimensions and height of all proposed buildings in feet and number of stories.
(19)
Proposed open space and recreation or conservation areas or easements.
(20)
Proposed means of ingress and egress between the site, adjoining properties and related public and private roads.
(21)
The location and width of proposed on-site streets, driveways, parking and loading areas.
(22)
The proposed location and uses of any associated facilities, including freestanding signs, walls, fences, trash dumpsters and lights.
(23)
Outlines, in plan and elevation, of all proposed structures, including doorways and outdoor signs and information relating to materials, color and lighting.
(24)
A preliminary stormwater drainage plan, tentative locations of pipes, ditches or streams and proposed silt-retention and stormwater retention areas, where applicable.
(25)
Any proposed permanent easement needed for proper development and servicing of the property.
(26)
The location of all proposed underground utilities.