Tuxedo City Zoning Code
ARTICLE IV
Use Regulations
§ 98-9 Table of general use regulations. [1]
A.
Use requirements.
(1)
No building or premises shall be erected, altered or used in any zoning district except in accordance with Table I, Schedule of Use and Bulk Requirements. The general regulations affecting the use of buildings, structures and land for each of the zoning districts established in Article III are set forth in Table I, entitled "Table of General Use and Bulk Requirements."
(2)
The notations shown on the Table of General Use and Bulk Requirements shall have the following meaning:
P = Permitted Use |
SUP = Special Use |
Y = Yes |
N = No |
Min = Minimum |
Max = Maximum |
B.
Effect of use regulations. Where this Zoning Chapter imposes a greater restriction on the use of building or land or on the height of buildings or requires larger open spaces or imposes any higher standards than are imposed or required by any other statute, law, ordinance, rule or regulation, or by any easement, covenant, or agreement, the provisions of this Zoning Chapter shall control.
C.
Accessory uses and structures. Accessory uses and structures shall be compatible with the principal use of the lot on which same may be situated, and an accessory use or structure shall not be established prior to the establishment of a principal use on the same lot.
D.
Railroad use. A railroad line, right-of-way, and its accessory structures in existence on the effective date of this Zoning Chapter is deemed to be a special use allowed in any district in which the railroad line is presently located. Nothing herein shall be construed to allow any expansion of a railroad line or use without a special use permit and site plan approval by the Planning Board unless said review and approval is preempted by applicable federal law or federal regulations.
E.
Prohibited uses. The following uses are deemed to be prohibited uses in any zoning district in the Town of Tuxedo:
(1)
Manufacturing uses involving primary production of the following products from raw materials:
(a)
Asphalt, cement, charcoal and fuel briquettes.
(b)
Chemicals such as: aniline dyes; ammonia; carbide; caustic soda; cellulose; chlorine; carbon black and bone black; creosote; hydrogen and oxygen; industrial alcohol nitrates; potash; plastic materials and synthetic resins; pyroxylin; rayon yarn; and hydrochloric, nitric, phosphoric, picric, and sulfuric acids.
(c)
Coal, coke and tar products, including gas manufacturing; explosives; fertilizers; gelatin, glue and size, or other animal rendering.
(d)
Linoleum and oilcloth, matches, paints, varnishes and turpentine.
(e)
Rubber (natural and synthetic); soaps, including fat rendering; starch.
(2)
Uses involving the following processes: nitrating of cotton or other materials; milling or processing of flour, feed or grain; magnesium foundry; reduction, refining, smelting and alloying of metal or metal ores; refining secondary aluminum; refining petroleum products, such as gasoline, kerosene, naphtha, lubricating oil; distillation of wood or bones; reduction and processing of wood pulp and fiber, including paper mill operations.
(3)
Operation of stockyards and slaughterhouses, grain elevators and slag piles.
(4)
Aboveground bulk or wholesale storage of gasoline.
(5)
Dumps and junkyards.
(6)
Incineration of waste materials.
(7)
Any disposal of septic or sewage wastes on any property, whether or not owned by the disposer unless pursuant to a system of facility that has been approved by the Orange County Department of Health such as an inground septic system.
(8)
Amusement parks, circuses, outdoor concerts or entertainment events, carnivals and related activities, except for a temporary period by approval of the Town Board. Said uses are allowed by special use permit in the Tourism Business district, and in other locations explicitly approved by the Town Board.
(9)
Aggregate processing, except in connection with a clearing, filling and grading permit, site plan or subdivision approval granted by the Planning Board or Town Board related to on-site construction of uses and development otherwise allowed by the Zoning Chapter and approved by either board.
(10)
Temporary or permanent outdoor storage, unless related to an active construction project for which the CEO has granted a building permit or a clearing, filling and grading permit, or accessory to a principal use allowed in the applicable zoning district and approved in accordance with the regulations of this Zoning Chapter.
(11)
Any other use, whether specified above or not, that does not conform to the performance standards contained in § 98-42 of this Zoning Chapter, that is of such a nature as to be detrimental to neighboring properties by reason of emission of odor, dust, refuse matter, garbage, smoke vibration, gas, noise, or any other factor that is dangerous to the comfort, peace, enjoyment, health or safety of the area or the community.
[1]
Editor's Note: Said table is included as an attachment to this chapter.
§ 98-10 Mixed-Use (MU) Floating Zone.
A.
Establishment and purpose. The Town hereby establishes a mixed-use Zoning District which is a floating zone that must be established through submission of a zone petition to the Town Board which may, in its sole discretion, approve said petition. The Town Board shall find that an MU District shall result in one or more of the following benefits to the Town:
(1)
Offer diversity in housing.
(2)
Create usable open space and recreation areas and preserving natural areas.
(3)
Conveniently locate businesses and services that can serve the proposed housing and offer conveniences to other neighborhoods in the Town.
(4)
Promote economic development and encourage commerce in well-designed planned environs where uses within the MU Zone are compatible with each other and with adjoining uses.
(5)
Provide for the efficient use of land and the placement of utilities and streets in ways that lower development costs and impacts.
(6)
Implement the Town of Tuxedo Comprehensive Plan.
(7)
Encouraging innovation not possible under strict application of subdivision and zoning regulations.
(8)
Create a physically attractive and cohesive neighborhood by adhering to neotraditional design standards. The Town Board may require the creation of a form-based code and/or design guidelines to regulate development within the proposed MU Zone.
B.
Location standards.
(1)
Location. The property for which an MU Zone petition is submitted shall be located within the GB District.
(2)
Minimum site size. The property shall be no less than 10 contiguous gross acres of land and shall have no less than 200 feet of direct frontage on NYS Route 17 and direct vehicular access thereto. The applicant can aggregate parcels provided they are in the GB zone and are contiguous. For purposes of this zone, properties that are across the street from each other may be considered contiguous.
C.
Procedures. The Town Board, in its discretion, may establish an MU Zoning District in the following manner:
(1)
An applicant shall submit a zone petition and application to the Town Board to establish an MU Zone. The application shall be in writing and include a concept plan drawn at a scale which adequately identifies the data required below. The application and concept plan shall include the following information:
(a)
A conceptual layout showing the location of buildings and types of the various uses and their areas in acres and proposed open space and recreational areas. The mix of dwellings by size of dwelling unit, number of bedrooms, and dwelling unit type, and total gross floor area of same. The mix of nonresidential uses proposed on the concept plan and gross floor area of all nonresidential uses.
(b)
Floor plans and elevations of the proposed buildings.
(c)
A depiction of the proposed interior road and driveway system and proposed design of same. The Town Board may require submission of a traffic study to evaluate the impacts associated with development of the MU Zone.
(d)
Location, area and proposed ownership and use of open space.
(e)
Description and concept plan for the provision of sewer service, water supply, stormwater management and other required utilities. The Town Board may require the submission of engineering studies and may require a hydrogeologic analysis to ensure adequate water supply is available to serve the project and that there shall not be any adverse impact on surrounding individual wells.
(f)
Uses and ownership of abutting lands.
(g)
A proposed phasing plan.
(h)
A SEQRA analysis of the proposed district.
(i)
Evidence the proposal is compatible with the goals of the Town of Tuxedo Comprehensive Plan and this Zoning Chapter.
(j)
A market and fiscal impact study, if required by the Town Board.
(k)
Any other analyses, data or plans that the Town Board determines is necessary to assess the merits of the zone petition.
(2)
Upon submission of all the data set forth above, the Town Board shall forward the zone petition and concept plan to the Planning Board for its review. The Planning Board shall review the concept plan and related documents and render a report to the Town Board regarding the concept plan including any proposed revisions. An unfavorable report shall state clearly the reasons therefor and, if appropriate, advise the applicant what revisions would be required for the Planning Board to render a favorable report. A favorable report shall include any recommendations for changes or conditions with respect to the proposed concept plan. The Planning Board shall issue its report within 62 days of receipt of a complete concept plan and application, except that the time frame for issuing a report may be extended upon consent of the Town Board. The Town Board upon receipt and review of the report may continue its review.
(3)
The Town Board shall make such other referrals necessary including review by the Orange County Planning Department and any other referrals as may be necessary pursuant to the regulations implementing the New York State Environmental Quality Review Act.
(4)
Prior to approving the zone petition and concept plan, the Town Board shall hold a public hearing in accordance with the notice requirements and other procedures for the adoption of a zoning amendment. No public hearing shall be required if the Town Board determined to not approve the petition.
(5)
Mitigation measures and conditions may be imposed by the Town Board as part of any MU zoning amendment.
(6)
Plan approval.
(a)
The Town Board shall proceed to review the zone petition in accordance with the Section 264 of New York State Town Law and Article XVI of this Zoning chapter and shall conduct a hearing within 62 days of the meeting at which the Planning Board's report and/or application is received, or within 62 days after said time frame for Planning Board review has expired. No approval decision shall be made until the Town Board has issued a Negative Declaration, or adopted a Findings Statement, in accordance with the regulations implementing SEQRA. The Town Board, in its discretion, may approve the concept plan if it meets the benefits set forth above, and where it finds that:
[1]
The proposed uses will not be detrimental to present and potential uses in the area surrounding the proposed MU District.
[2]
Existing road and highways are suitable and adequate to carry anticipated traffic associated with the proposed development.
[3]
Existing and future utilities are or will be adequate for the proposed development.
[4]
The concept plan complies with the requirements of this chapter and is consistent with the Town of Tuxedo Comprehensive Plan.
[5]
The concept plan will not have a significant adverse impact on the Town's natural resources including the quantity and quality of groundwater and any aquifer systems.
[6]
The Town Board shall consider the scale of the proposed buildings associated with the uses, their potential impact on community services, environmental resources, the visual environment and community character, and may limit the size of any buildings associated with a development within the MU Zone.
(b)
If a site plan or subdivision plan is not submitted to the Planning Board as required herein within one year of receiving an MU Zone change approval, the lands on which the MU Zone was granted shall automatically revert back to the zoning district prior to the MU Zone change. The Town Board, in its discretion, may extend such time frame by up to one year. Should the Town Board approve the proposed amendment creating an MU District, it may attach conditions to such approval. If the MU District has been approved by the Town Board and has received site plan and/or subdivision approval from the Planning Board and is not substantially developed in accordance with the approved concept plan and site/subdivision plan within five years of the effective date of the zoning amendment, and provided that it shall then appear that rights vested in persons acting in good faith in reliance on such zoning classification will not be prejudiced thereby, the Town Board, upon resolution and no earlier than 62 days following written notice to the applicant and general publication in a newspaper of general circulation, may revoke the MU Zone, and the property shall revert back to the zoning district prior to the zone change.
(7)
Upon adoption of the MU Zone by the Town Board, the applicant shall submit a site plan and/or subdivision plan to the Planning Board for all or a phase of the development, in accordance with any phasing plan approved by the Town Board. Said plans shall include all data required as per Chapter 85, Subdivision of Land, and the special use and site plan review requirements set forth in this Zoning Chapter. The Planning Board shall review and render a decision on any subdivision plan, site plan, and or special use permit in accordance with the standards regulating same. The Planning Board, upon receipt of an application, shall forward same to the Town Board for its review. The Town Board, as set forth in Subsection C(5) above, may comment on the consistency of the plan with the approved MU Zone, any conditions thereto, or the concept plan.
(8)
Any plans submitted to the Planning Board shall conform substantially to the concept plan approved by the Town Board and any conditions established as part of the approval of the MU Zone. The Town Board or the Planning Board may require that any application not substantially in conformance with the concept plan and MU Zone approval be referred back to the Town Board for review, and if required, approval of the Town Board. The Town Board may rescind the MU Zone for any application which is not substantially in compliance with the concept plan, unless the revised concept plan is approved by the Town Board upon further review in accordance with this section.
(9)
No building permits shall be issued for construction within an MU Zone until all required improvements are installed or financial guarantees are posted in accordance with the procedures provided by the Town Subdivision chapter and this Zoning Chapter.
D.
Design standards. These design standards shall be met as part of the concept plan and the site and/or subdivision plan.
(1)
Maximum residential density. The maximum density shall be as follows, and there shall be no more than 200 dwelling units as part of any MU Zone. The residential density shall be determined on the gross acreage of the entire site:
(a)
Single-family detached dwellings: Two dwelling units per one acre of gross lot area.
(b)
Two-family dwellings: Two dwelling units per one acre of gross lot area.
(c)
Single-family attached (townhomes): Three dwelling units per one acre of gross lot area.
(d)
Multifamily development: Four dwelling unit per one acre of gross lot area.
(e)
Multifamily dwellings above ground-floor nonresidential uses: Four dwelling units per one acre of gross lot area.
(2)
Nonresidential development. The MU Zone shall require the construction of nonresidential development as part of the MU Zone. Restaurants, boutique retail shops, and similar uses would be appropriate nonresidential uses. The total gross floor area of areas dedicate to nonresidential use shall be no less than 50% of the total gross floor area of all residential and nonresidential uses on the site. The Town Board shall establish the allowable nonresidential uses as part of the MU Zone.
(3)
Phasing. Development within the MU Zone shall be phased so that an equivalent amount of residential to nonresidential gross floor area is constructed during any phase. Phases shall not advance until the 1:1 ratio of residential to nonresidential area is met. Residential and nonresidential development shall be constructed concurrently.
(4)
Maximum lot coverage and land disturbance. The total development coverage for the entire property shall not exceed 50%. The concept plan shall show the proposed locations for buildings, and the Town Board shall establish the bulk standards for the MU Zone. The Town Board may allow an increase in development coverage and decrease in open space, and upon a finding that there is sufficient open space and recreational areas available to serve residents of the MU Zone. In no case shall development coverage exceed 65%.
(5)
Utilities. All electric, telephone, telecommunications, and other service lines shall be underground. A MU Zone shall be served by central water and sewerage systems.
(6)
Parking. On-street parking on public highways or access roads within the MU Zone shall not be permitted. The minimum required parking shall be established as part of the MU Zone petition and shall be approved by the Town Board.
(7)
Open space and recreation. No less than 40% of the gross acreage of the site shall be preserved as open space. All areas of the site shall be amply landscaped by preserving existing vegetation, or by installing a combination of decorative and native plant materials. A recreational area no less than 10% of the total gross lot area, exclusive of the area required for open space, shall be established, except that the Town Board may waive such requirement where the applicant commits to provide a fee in lieu of recreation in accordance with § 98-56 of the Zoning Chapter. A landscaping plan shall be submitted as part of the site-specific site and/or subdivision plan submitted to the Planning Board. The open space area may include the visual screening area set forth in Subsection D(8) below.
(8)
Landscape and design requirements. Landscape and facade design requirements to be incorporated in project covenants and restrictions shall be developed and submitted for approval. A landscaped planting screen of no less than 75 feet in width shall be required along the border of the MU Zone with any public road. Such screen shall be in place prior to the issuance of a certificate of occupancy and substantially screen proposed buildings in the MU Zone from view within five years of planting. Existing trees and vegetation shall be maintained wherever possible in such areas and supplemented with additional vegetation as may be necessary to accomplish screening objectives. All buildings, structures and land disturbances shall be set back a minimum of 100 feet from the exterior property lines, which distance may be increased by the Town Board as may be necessary to protect adjoining properties and preserve neighborhood character when rezoning land to an MU Zone.
(9)
Building heights. Structures within the MU Zone shall not exceed a height of 30 feet, or 2 1/2 (2.5) stories.
(10)
MU Zone uses. The Town Board shall approve the allowable uses in the MU Zone, which are limited to the following: any uses allowed as permitted uses or by special use permit within the R-4 Zoning District and the NB Zoning District.
(11)
Ownership. The land proposed for an MU Zone may be owned, leased or controlled either by an individual, corporation (or other legal entity) or by a group of individuals or corporations. MU Zone applications shall be filed by the owner or jointly by all owners of the property included in the application. In the case of multiple ownership, the approved plan shall be binding on all owners.
(12)
The buildings and structures shall be compatible with the character exhibited within the surrounding environs, the character of the community and the natural surroundings. The Planning Board shall review the architectural style of all buildings at the concept plan stage and shall review and approve the architectural style of the buildings and structures, taking into consideration the objectives set forth herein. Floor plans and elevations shall be submitted for review as part of the concept plan.
(13)
The applicant shall demonstrate that adequate emergency service facilities and access are provided for the proposed use.
(14)
The number of off-street parking spaces required to serve the development shall be calculated utilizing the applicable parking generation rates set forth in the most recent edition of the Institute of Traffic Engineers' publication "Parking Generation." Parking areas shall be broken up and amply landscaped to avoid the creation and appearance of significant expanses of impervious surfaces.
(15)
On-site lighting shall be designed and installed in a manner that minimizes visual impacts to the night sky. A lighting plan depicting the level and intensity of illumination within the site and at the property boundary shall be submitted to the Planning Board as part of the site plan. Decorative lighting fixtures appropriate to a rural and rustic setting shall be incorporated into the overall design of the development.
(16)
Transit. As part of the concept plan, the Town Board can require that a bus or transit stop be provided on-site to service the proposed residents within the MU Zone.
(17)
As part of the concept plan, the Town Board may require the inclusion of solar facilities, charging stations, or other green and/or renewable energy systems.