Town Of Dewitt City Zoning Code
ARTICLE XV
Overlay District
§ 192-64 Purpose; creation; adoption.
A.
Purpose. The purpose of this section is to create a procedure whereby the Town Board may create additional zoning classifications within the Town in the form of an overlay district.
B.
Creation of district. An overlay district may be created for the purpose of improving, developing, and/or generally enhancing any group of properties within the Town, including but not limited to any neighborhood, street, business area or other defined area of the Town. Properties to be included in any particular overlay district shall generally share common characteristics and goals for aesthetics, economics, safety and/or convenience.
C.
Adoption of Overlay District. In the adoption of any overlay district, the Town Board shall follow the procedures for adoption of zoning regulations as same are set forth in § 264 of the Town Law of the State of New York.
(1)
Where an overlay district is created by the Town Board, any such local law which creates an overlay district shall define the purposes, goals, restrictions and requirements that will be applicable to the overlay district and shall specifically delineate all properties to be included in the overlay district.
(2)
Any requirements of an overlay district so created in the Town shall be subject to enforcement in accordance with this Code in the same force and effect as all other zoning districts in the Town.
§ 192-64.1 Business Overlay District.
[Added 9-8-2008 by L.L. No. 6-2008]
A.
Purpose. In order to alleviate the effects of the restrictive nature of the allowed use of restaurants in certain High Tech Districts within the Town, and to promote the best interest of good planning so as to reduce these restrictions in those areas, this procedure is established to modify said uses.
B.
Any property owner, meeting the following criteria, may apply to the Department to implement the Business Park Overlay to their property:
(1)
The property is a single lot or made of contiguous lots (hereinafter the "land") located in a High Tech District consisting of a minimum of 40 acres of land usable for development, excluding wetlands and floodplains.
(2)
The owner of the land has applied for and substantially begun or completed the subdivision process.
(3)
The access to the development is controlled by a traffic light.
(4)
The proposed development and buildings on the land shall be complementary in architecture and shall substantially comply with an overall architectural theme established in the site plan review process.
C.
The Department will forward the application to the Planning Board with its recommendation and any conditions or restrictions it suggests. The Planning Board, taking into account the Department's recommendation, will forward its recommendation to the Town Board.
D.
Taking into account the status of the project in the design, approval and construction process, the Planning Board may include in its recommendation that the construction of the restaurant may not begin until a certain number of buildings, square footage of buildings or other measurement of progress in the overall development of the subdivision has been attained. The purpose of providing a restaurant facility on the land is to allow the occupants of the land the convenience of nearby eating facilities, and the availability of the restaurant to the outside public is a secondary benefit.
E.
Upon the favorable recommendation of the Planning Board, the Town Board may hold a public hearing and enact, deny or modify the application for the land to be included in the Business Park Overlay District.
F.
Upon approval by the Town Board and the inclusion of the land in the Business Park Overlay District, up to a maximum of two nonfast-food sit-down restaurant facilities will be allowed on the land, so long as no drive-through is included.
§ 192-64.2 Residential Vehicle Storage Overlay District.
[Added 9-8-2008 by L.L. No. 7-2008]
A.
Purpose. In order to address the issue that residential vehicle storage, as addressed in § 192-79.1, may be too restrictive in certain residential district areas within the Town where a neighborhood may benefit from a more relaxed standard as relates to residential vehicle storage, and in order to address the best interests of good planning to reduce certain restrictions relating to residential vehicle storage in those areas, this procedure has been established.
B.
Owner-occupants of single-family dwellings in a residential district may apply to the Department for the establishment of a Residential Vehicle Storage Overlay District which will affect contiguous properties as defined below. The application must include the signatures and addresses of no less than 50 owners of owner-occupied single-family dwellings in a contiguous area. If there is more than one owner of any one such dwelling who signs the application, only one signature shall count as one of the required 50 owner-occupant signatures.
(1)
The Department will forward the application to the Planning Board with its recommendation of the minimum area to be included in the proposed overlay district (hereinafter the "excluded area").
(2)
The Planning Board, taking into account the Department's recommendation, will propose an initial minimum boundary of the excluded area. The following criteria shall be considered by the Planning Board:
(a)
Properties to be included shall be contiguous and generally share common characteristics, goals for aesthetics and economics, i.e., a neighborhood.
(b)
The boundaries of the excluded area shall follow street center lines or prominent natural boundaries, and include whole blocks.
(c)
All contiguous properties to the boundaries will be included. A minimum of 100 lots with occupied homes is required for an excluded area, unless a lesser quantity is clearly dictated by prominent natural or man-made boundaries.
(3)
The Planning Board will hold an informational hearing on the proposed excluded area. Each dwelling, including those within 300 feet of the proposed boundaries, will be notified of the meeting. Taking into consideration the results of the informational hearing, the Planning Board will define the proposed excluded area.
C.
Thereafter, no less than 51% of the residential properties in the proposed excluded area shall petition the Town Board. The Town Board may hold a public hearing following the submission of a Planning Board recommendation and enact, deny or modify the Residential Vehicle Storage Overlay District for the excluded area.
D.
If the Town Board establishes said overlay district, the following shall be applicable to that excluded area:
(2)
The keeping of unlicensed motor vehicles in operating condition or junk motor vehicle or equipment may be permitted if the following conditions are met:
(3)
Personal-use commercial vehicles less than 22 feet in length and recreational vehicles may be parked or stored indoors or in the front yard or side yard, provided the vehicles are:
§ 192-64.3 Hamlet Residential Overlay District.
[Added 9-8-2008 by L.L. No. 8-2008]
A.
Purpose. The purpose of the Hamlet Residential Overlay District is to maintain the residential character that exists in the Hamlet of Jamesville.
B.
C.
Design standards.
(1)
Material.
(a)
The dominant exterior finish shall be or have the appearance of horizontal wood siding, natural stone or brick.
(b)
Excluding windows, window treatments, and foundation, a maximum of two primary construction materials may be used on any one side of a structure and a maximum of three primary construction materials may be used on any one structure.
(2)
Architectural features. The primary building shall have at least three different types of the following architectural features:
(8)
Accessory structures. Accessory structures shall be consistent with the architectural style and color of the primary structure.
§ 192-64.4 Mixed-Use Village Floating Overlay District.
[Added 6-4-2018 by L.L. No. 2-2018; amended 10-2-2023 by L.L. No. 6-2023]
A.
Purpose. The specific objectives of these Overlay Districts are to:
(1)
Encourage "Village Center" type development;
(2)
Achieve a compact pattern of development that encourages people to walk, ride a bicycle or use public transit;
(3)
Allow for a mix of uses, inclusive of residential, designed to attract pedestrians;
(4)
To discourage singular use buildings developed as isolated islands within an expansive parking lot;
(5)
To encourage the redevelopment and/or adaptive reuse of aging commercial strip developments and malls;
(6)
Provide a high level of amenities that creates a comfortable environment for pedestrians, bicyclists, and other users;
(7)
Provide sufficient density of employees, residents and recreational users to support public transit, while generating a relatively high percentage of trips serviceable by public transit;
(8)
Maintain an adequate level of parking appropriate to the use and integrate this use safely with pedestrians, bicyclists, and other users;
(9)
To enhance the existing natural features of the Town, including waterways, landmarks, etc.
B.
Applicability.
(1)
The requirements of this chapter are applied after voluntary application to the Town Planning Board requesting the application of such "Mixed-Use Village Overlay," and upon recommendation of the Planning Board to the Town Board, and adoption by the Town Board and amendment of the Official Zoning Map of the Town of DeWitt.
(2)
The requirements of this chapter may only be applied, after all procedural requirements are met, to structures, uses and properties within the area(s) designated as "Mixed-Use Village Overlay Floating Districts" as set forth in Appendix A of this chapter.
(3)
The Town recognizes that large mixed-use developments require additional flexibility to ensure their orderly development. In these instances, the procedures outlined in § 192-64C(6) shall be utilized.
(4)
Any property owner desiring to utilize this Chapter for structures, uses and properties within a Mixed-Use Village Overlay area shall make application with (a) the Town of DeWitt Planning Board for site plan review pursuant to § 192-122; and (b) the Town Board of the Town of DeWitt for amendment of the Zoning District Map pursuant to the procedure in § 192-121.
(5)
The applicable regulations for specified uses (Article XVI), requirements applying to all districts (Article XVII), and all requirements of the Zoning District in which the structure, use or property is situated shall apply to all structures, uses or property within the Mixed-Use Village Overlay District except as same may be specifically modified in this chapter.
(6)
Until all requirements of this chapter are followed, including the amendment of the Official Zoning Map of the Town of DeWitt as contemplated herein, the Zoning District and its requirements pursuant to the Code of the Town of DeWitt remain unchanged.
C.
General overview.
(1)
Mixed-use is intended to provide a development where residential uses, accompanied by commercial uses, are integrated into a pedestrian-friendly neighborhood. Project amenities that address this objective include but are not limited to:
(a)
Sidewalks throughout the development, including walkways within parking lots.
(b)
Architectural street lighting and site furniture.
(c)
Consistent architectural theme throughout.
(d)
Extensive landscaped and green areas with feature areas for pedestrian and public use.
(e)
Clustering of buildings which allow for large areas for walks, pathways and recreational areas, as well as connections to adjoining properties and nearby uses and facilities.
(2)
Overall project density shall be based on the parameters described herein in consultation with the Planning Board prior to preliminary site plan and subdivision preparation.
(3)
Portions of buildings designated and approved for commercial purposes shall not be used for dwelling purposes, and portions of buildings designated and approved for dwelling purposes shall not be used for commercial purposes. Uses in large mixed-use developments shall be set forth in a development plan.
(4)
Dwelling units in any residential district shall not be converted or altered to allow other uses. This provision shall not be deemed to prohibit the use of a portion of the building or structure as living quarters for caretakers or attendants of places of worship or institutions where such uses are authorized in any zoning district.
(6)
The Planning Board shall recommend an overall development plan to the Town Board for each large mixed-use development that shall set forth the following:
(a)
The location of intended uses permitted within the overall plan, property setbacks, and bulk requirements. The Planning Board may recommend any residential or commercial use in a large mixed-use development regardless of the underlying zoning, provided the use is determined to be compatible with the intent of the MUV zone and surrounding uses. Further, any use not specifically permitted by the underlying zoning shall be permitted in the development plan only upon a specific finding of the Town Board that such use, in the context of the entirety of the development plan, is compatible with the purpose of the Overlay Districts as set forth in this section. Notwithstanding anything to the contrary herein, adult use and cannabis retail dispensary or cannabis on-site consumption establishment must comply with minimum separation distances as defined in the code.
(b)
The location of primary, secondary and tertiary streets shall be set forth in the development plan. The development plan shall also include a cross-section design of each street type setting forth, where applicable, minimum widths for sidewalks, landscaped areas, street parking, vehicular and bicycle travel lanes, and medians.
(c)
The development plan shall include a multitenant sign plan that shall establish limits on the size, placement and colors of signage within the district. All signage in the district must conform with standards established in the sign plan.
(7)
Street-level uses:
(a)
One or more of the uses listed in this subsection are required at street level when a mixed-use structure abuts a public right-of-way as shown on the Mixed-Use Village Overlap Map or the development plan. The following uses, if permitted in the underlying zoning district, qualify as required street-level uses:
(b)
Orientation of street-level uses. Street-level uses must be oriented toward the street(s), public or private, in the mixed-use development.
D.
Permitted structures and uses.
(1)
Within all Mixed-Use Village Districts (MUV-1, MUV-2, MUV-3), the following use is allowed above the ground floor:
(a)
Dwelling, multifamily.
(2)
Within MUV-4, the following uses are permitted as principal uses upon a finding by the Planning Board that (a) the total area of the land where the principal use shall be permitted may not be greater than 40% of the total area of the development plan; and (b) the proposed uses are generally adapted to pedestrian traffic and are supportive of the mixed use setting:
E.
Lot area and yard regulations.
Standards | MUV1 | MUV2 | MUV3 | MUV4 Large Mixed-Use Developments |
|---|---|---|---|---|
Building Height | ||||
- Maximum stories (feet) | 2 stories (25'-0") | 4 stories (50'-0") | 6 stories (65) | 6 stories (85) |
- Height transition, or step-down, required when adjacent to residential use or zoning district. | No | Yes - 1:1 from facing property line | Yes - 1:1 from facing property line | Yes - 1:1 from facing property line |
Floor Area Ratio | ||||
- Minimum | 0.50 | 1.00 | 1.50 | Per development plan |
- Maximum | 1.00 | 1.50 | 2.00 | Per development plan |
Yard Setbacks (feet) | ||||
- Front setback - minimum | 14 | 16 | 20 | Per development plan |
- Maximum front setback-maximum | 18 | 20 | 24 | Per development plan |
Lot Coverage - Performance Standard | ||||
- Maximum building coverage | 40% | 40% | 40% | Per development plan |
- Maximum lot coverage: The area covered by impervious surfaces shall be minimized to the greatest extent practicable; best practices for surface water management shall be required. | 80% | 75% | 70% | Per development plan |
- Minimum green space | 10% | 10% | 10% | Per development plan |
Landscaping - per § 192-100 | ||||
- Street trees required | Yes | Yes | Yes | Yes |
- Landscape buffer between parking lot and adjacent pathways and streets | Yes | Yes | Yes | Yes |
- Parking lot minimum interior landscape; does not apply to structured parking, underground or multistory | 10%, for lots with more than 10 parking spaces | 10%, for lots with more than 10 parking spaces | 10%, for lots with more than 10 parking spaces | Per development plan |
- Landscaping buffer between abutting commercial/civic/industrial and residential uses and districts, as determined through site plan review; exceptions may be granted through site plan review, as appropriate for mixed-use projects | Yes | Yes | Yes | Yes |
Lighting | ||||
- Building entrances | Yes | Yes | Yes | Yes |
- Parking areas and pathways | Yes | Yes | Yes | Yes |
F.
Additional requirements for large mixed-use developments.
(1)
The development plan shall include a list of allowed uses and/or category of uses intended for specific areas designated on the development plan.
(2)
The Planning Board shall have site plan review and oversight of all buildings and structures within the development plan pursuant to § 192-122.
(3)
The overarching principles of the design guidelines of the Zoning Code of the Town of DeWitt shall apply to the development plan.
(4)
After final approval of the development plan by the Town Board, the Planning Board may approve modifications to the development plan at any time, except where the modifications are substantial modifications.
(a)
Modifications shall be deemed substantial modifications where the modification(s) change the intent and character of any significant area of the approved development plan, including but not limited to (i) a change in the approved use(s) for any specific area of the development plan; (ii) a change in the location of any approved use(s); and (iii) a change in location of, or elimination of, any public road.
(b)
Any substantial modification must be approved by the Town Board, upon recommendation of the Planning Board.
(5)
Modifications to the adopted development plan that are not deemed substantial modifications may be made by the Planning Board upon a site plan review application.
§ 192-64.5 Transportation and Distribution Node Overlay District.
[Added 10-14-2019 by L.L. No. 5-2019]
A.
Purpose. The Purpose of the Transportation and Distribution Node Overlay District is to recognize the unique character of this Overlay District area which is located in the High Tech Zoning District of the Town and to include uses in such district which are compatible with the area.
C.
Goals. The goal of the Overlay District is to add a use to the High Tech Zoning District which is applicable to this overlay district only to:
(1)
Improve and enhance the group of properties within this overlay;
(2)
Encourage development that will not impede the values and aesthetics of the surrounding properties;
(3)
Encourage the highest and best use of the property, recognizing the uniqueness of the land area affected;
(4)
Encourage uses which are intended to enhance the economic viability of the area; and
(5)
Allow for uses which are compatible with the surrounding area.
D.
Permitted uses. The following uses shall be permitted in the Transportation and Distribution Node Overlay District:
E.
Regulations. Further, except as specifically modified herein, all zoning regulations, including bulk regulations relating to the High Tech District as set forth in this chapter, apply to this overlay district.
§ 192-64.6 James Street Two- to Three-Family Residential Overlay District.
[Added 2-24-2025 by L.L. No. 2-2025]
A.
Purpose. The purpose of the James Street Two- to Three-Family Residential Overlay District is to recognize the unique character of this Overlay District area which is located in the zoning district of the Town, delineated as a Residential-2 District, and to include two-family dwellings and three-family dwellings, including their accessory uses, in such overlay district, which are compatible with the area.
B.
Characteristics. The characteristics of this area include:
(1)
Surrounding uses and land areas that support two- and three-family residential dwellings.
(2)
Parcels of land which "front" on a significantly trafficked street and which have historically been utilized for both single-family dwellings and two- or three-family dwellings, some of which are non-conforming uses.
C.
Goals. The goal of the James Street Two- to Three-Family Residential Overlay District is to add residential uses to this Residential R-2 District, which is applicable to this overlay district only:
(1)
To improve and enhance the group of properties within this overlay district;
(2)
To encourage residential development that will not impede the values and aesthetics of the surrounding properties;
(3)
To encourage the highest and best use of the properties, recognizing the uniqueness of the land area affected;
(4)
To encourage uses which are intended to enhance the economic viability of the area; and
(5)
To allow for uses which are compatible with the surrounding area.
E.
Regulations.
(1)
The following regulations shall apply to Two- and Three-Family Dwellings within this overlay district:
(a)
Minimum road frontage on James Street of any individual lot shall be 80 feet.
(b)
Minimum lot depth of any individual fronting on James Street shall be 120 feet.
(c)
For any which has frontage on James Street and also a second street, the minimum road frontage requirement herein shall be reduced to 40 feet of frontage on James Street, provided the frontage on the second street is at least 145 feet. In such case, the 145 feet shall be considered the depth of the property for all Code purposes.
(d)
Any conversion of a single-family dwelling or other structure to a two- or three-family dwelling pursuant to this chapter shall be subject to the requirements of site plan approval of the Planning Board. In its site plan review, the Planning Board shall:
(2)
Nonconforming two-family dwellings. Any two-family dwelling within this overlay district which exists and has been operating and utilized as a two-family dwelling as of the date of this legislation shall be considered a conforming structure and use within this district and shall not be subject to the requirement of site plan approval, unless the currently existing two-family dwelling is converted to a three-family dwelling.
(3)
Except as specifically modified herein, all zoning regulations, including those applicable specifically to the Residential R-2 Zoning District, shall be applicable to this overlay district.