Van Buren City Zoning Code
ARTICLE V
Floating Zone Districts
§ 200-33 Planned Unit Development District (PUD).
[Amended 4-18-2017 by L.L. No. 2-2017; 6-18-2025 by L.L. No. 2-2025]
The purpose of a Planned Unit Development District is to permit establishment of areas in which diverse uses may be brought together in a compatible and unified plan of development which shall be in the interest of the general welfare of the public. The PUD is intended to promote site design and land use flexibility not feasible in other zoning districts. In Planned Unit Development Districts, land and structures may be used for any lawful purpose in accordance with the provisions set forth herein.
A.
Objectives. In order to carry out the purpose of this section, planned unit developments (PUDs) shall promote and accomplish the following objectives:
(1)
Provide a choice of environments, housing types, lot sizes and community facilities available within a planned neighborhood;
(2)
Provide usable open space and recreation areas, and conserve natural resources and outstanding landscape features;
(3)
Provide for conveniently located accessory commercial and service areas;
(4)
Allow orderly transition of uses through creative development of land and related infrastructure;
(5)
Utilize land efficiently by creating less extensive networks of utilities and streets;
(6)
Create a land use and development pattern consistent with the goals, objectives and policies of the Town Comprehensive Plan;
(7)
Create more desirable living, shopping and working environments than would be possible without applying the provisions of this section.
B.
General requirements.
(1)
No area of less than 10 contiguous acres may be zoned as a PUD District.
(2)
The entire area of the proposed PUD District shall be owned or controlled by the same entity at the time of zone change.
(3)
The allowed uses and respective areas shall be determined by the Town Board upon creation of the district. A minimum of 60% of the total area shall be residential uses. The remainder of the district may contain any other uses.
(4)
The density of allowed uses shall be determined by the Town Board upon creation of the district.
(5)
Dimensional requirements for the district shall be as determined and specified by the Planning Board upon site plan approval.
(6)
The Planning Board may, in its discretion, require that some specified percentage of the residential portion of any planned unit development be completed before the nonresidential portions of the development may be developed.
(7)
Signage for the district shall be as determined and specified by the Planning Board and shall conform to the provisions of Article VIII. The applicant may request a change to the allowed signage, in which case it shall demonstrate special circumstances and the Planning Board shall make specific findings to approve such changes in the allowed signage.
(8)
The Planning Board may, in its discretion and upon evaluation of the present and anticipated future needs for the park and recreational facilities in the Town based upon projected population growth attributable to the residential portion of any planned unit development, render a finding that a proper case exists for requiring that a park or parks be suitably located for playgrounds or other recreational purposes within the Town. In the event the Planning Board makes such a finding but further determines that a suitable park or parks of adequate size to meet the requirement cannot be properly located within such district, the Town Board may require a sum of money in lieu thereof, in an amount to be established by the Town Board. In making a determination of suitability, the Planning Board shall assess the size and suitability of lands shown on the site plan which could be possible locations for park or recreational facilities, as well as practical factors, including whether there is a need for additional facilities in the immediate neighborhood. Any moneys required by the Town Board in lieu of land for park, playground or other recreational purposes shall be deposited into a trust fund to be used by the Town exclusively for park, playground or other recreational purposes, including the acquisition of property.
C.
Application and approval procedure.
(1)
Application. All applications for a zone change to a PUD District shall be initiated at the discretion of the Town Board.
(2)
Concept plan. If the Town Board accepts an application, such application shall be referred to the Planning Board for its review. In order to allow the Planning Board and the developer to reach an understanding on basic design requirements prior to detailed design investment, the applicant shall submit a concept plan of the proposal to the Planning Board. The concept plan shall be approximately to scale, although it need not be to the precision of a finished engineering drawing, and it shall clearly show the following information at a minimum:
(a)
Delineation of the proposed district boundary and the boundaries of the use areas within the district, indicating for each such use its general extent, size and composition;
(b)
The general outlines of the interior roadway system and all existing rights-of-way and easements, whether public or private;
(c)
The interior open space system, if any;
(d)
The overall drainage system;
(e)
If grades exceed 3%, or portions of the site have soils which have a moderate to high susceptibility to erosion or a moderate to high susceptibility to flooding and ponding, a topographic map with contours at intervals of not more than five feet of elevation shall be provided along with an overlay portraying the above susceptible soil areas;
(f)
Principal ties to the community at large with respect to transportation, water supply, and sewage disposal;
(g)
A location map showing zoning and ownership of abutting lands.
(3)
Additional documentation. The following documentation shall accompany the concept plan:
(a)
A completed long-form environmental assessment form (EAF) as specified by the Planning Board and other environmental information as may be required pursuant to the New York State Environmental Quality Review Act (SEQR). All known phases of the project shall be considered in the determination of environmental significance;
(b)
Evidence of the existing and future community demand for proposed uses;
(c)
Evidence that the proposal is compatible with the Town's Comprehensive Plan;
(d)
General statement as to how open space is to be maintained and used;
(e)
If the development is to be phased or sectioned, a general indication of how the phasing or sectioning is to proceed and a preliminary schedule. Whether or not the development is to be phased or sectioned, the concept plan shall show the entire project;
(f)
A statement regarding the availability of water supply and sewage disposal;
(g)
A general description of the public safety services which will be required and whether such services are presently available;
(h)
Evidence demonstrating the applicant's competence to carry out the plan.
(4)
Planning Board review of the concept plan. The Planning Board shall review the concept plan and its accompanying documents and shall make a recommendation to the Town Board, within such time as the Planning Board has deemed adequate. The Planning Board may call upon any Town department and any other public agencies or private consultants that it feels are necessary to provide a sound review of the proposal, the cost of which, if any, shall be borne by the applicant. The following matters shall be addressed in the referral report:
(a)
The consistency of the plan with the Town Comprehensive Plan;
(b)
The consistency of the plan with the purposes and objectives of a PUD District;
(c)
Whether the plan meets all of the applicable general requirements;
(d)
Whether the plan is conceptually sound in that it meets local and area-wide needs and conforms to accepted design principles in the proposed functional roadway system, land use configuration, open space system, pedestrian system and drainage system;
(e)
Whether there are adequate services and utilities available or proposed to be made available for the site;
(f)
Whether the proposed phasing or sectioning, if any, is feasible and appropriate to the purposes and circumstances of the project. The Planning Board shall consider whether the phasing or sectioning proposed will have an adverse impact upon the completion of the entire project or a negative impact in the event that the entire project is not completed as contemplated.
(5)
Town Board action. Upon receipt of the Planning Board's referral report, the Town Board will determine whether to proceed further with consideration of the application.
(6)
Town Board approval. Establishment of a PUD District is a change to the Zoning Map and shall be undertaken in accordance with the provisions of Article XIII.
(8)
If the Town Board grants the zone change, the Zoning Map shall be so amended. No permits or other approvals will be issued until site plan approval has been granted by the Planning Board. If the applicant fails to obtain site plan approval within 12 months of the approval date of the zone change by the Town Board, the Planning Board shall refer the matter to the Town Board and the Town Board shall consider changing the zoning of the subject property back to its former zoning district classification.
§ 200-34 Planned Office Development District (POD).
A.
Objectives. In order to carry out the purpose of this section, planned office development (POD) shall promote and accomplish the following objectives:
(1)
Improve employment and business opportunities for existing and potential Town residents;
(2)
Utilize land more efficiently by creating less extensive networks of utilities and streets;
(3)
Conserve natural resources and outstanding landscape features;
(4)
Provide better designed, more appropriately located open space areas;
(5)
Provide ancillary on-site commercial services for patrons and on-site workers;
(6)
Create a land use and development pattern consistent with the goals, objectives, and policies of the Comprehensive Plan;
(7)
Create more desirable office areas than would be possible without applying the provisions of this section.
B.
General requirements.
(1)
No area of less than seven contiguous acres may be zoned as a POD District.
(2)
The entire area of the POD District shall be owned or controlled by the same entity.
(3)
The Table of Land Uses (§ 200-21)[1] indicates the various uses and purposes for which developers may be authorized to make use of POD Districts, subject to the provisions of this chapter.
[1]
Editor's Note: The Table of Land Uses by Zoning District is included as an attachment to this chapter.
(4)
Dimensional requirements for the district shall be as determined and specified by the Planning Board upon site plan approval.
(5)
Signage for the district shall be as determined and specified by the Planning Board and shall conform to the provisions of Article VIII. The applicant may request a change to the allowed signage, in which case it shall demonstrate special circumstances and the Planning Board shall make specific findings to approve such changes in the allowed signage.
C.
Application and approval procedure.
(1)
Application. All applications for a zone change to a POD District shall be initiated at the discretion of the Town Board.
(2)
Concept plan. If the Town Board determines to allow an application to be initiated, such application shall be referred to the Planning Board for its review. In order to allow the Planning Board and the developer to reach an understanding on basic design requirements prior to detailed design investment, the developer shall submit a concept plan of his proposal to the Planning Board. The concept plan shall be approximately to scale, although it need not be to the precision of a finished engineering drawing, and it shall clearly show the following information:
(a)
Delineation of the proposed district boundary and the boundaries of the use areas within the district, indicating for each such use its general extent, size and composition;
(b)
The general outlines of the interior roadway system and all existing rights-of-way and easements, whether public or private;
(c)
The interior open space system, if any;
(d)
The overall drainage system;
(e)
If grades exceed 3% or portions of the site have soils which have a moderate to high susceptibility to erosion or a moderate to high susceptibility to flooding and ponding, a topographic map with contours at intervals of not more than five feet of elevation shall be provided along with an overlay portraying the above susceptible soil areas;
(f)
Principal ties to the community at large with respect to transportation, water supply, and sewage disposal;
(g)
A location map showing uses and ownership of abutting lands.
(3)
Additional documentation. The following documentation shall accompany the concept plan:
(a)
A completed environmental assessment form (EAF) as specified by the Planning Board and other environmental information as may be required pursuant to the New York State Environmental Quality Review Act (SEQR). All known phases of the project shall be considered in the determination of environmental significance;
(b)
Evidence of the existing and future community demand for proposed uses;
(c)
Evidence that the proposal is compatible with the Town Comprehensive Plan;
(d)
A general statement as to how open space is to be maintained;
(e)
If the development is to be phased or sectioned, a general indication of how the phasing or sectioning is to proceed. Whether or not the development is to be phased or sectioned, the concept plan shall show the entire project;
(f)
A statement regarding the availability of water supply and sewage disposal;
(g)
A general description of the public safety services which will be required and whether such services are presently available;
(h)
Evidence demonstrating the applicant's competence to carry out the plan.
(4)
Planning Board review of the concept plan. The Planning Board shall review the concept plan and its accompanying documents and shall make a recommendation to the Town Board within 60 days of receipt of the referral unless modified by mutual agreement of the Town Board and the Planning Board. The Planning Board may call upon any Town department and any other public agencies or private consultants that it feels are necessary to provide a sound review of the proposal. The following matters shall be addressed in the referral report:
(a)
The consistency of the plan with the Town Comprehensive Plan;
(b)
The consistency of the plan with the purposes and objectives of a POD District;
(c)
Whether the plan meets all of the applicable general requirements;
(d)
Whether the plan is conceptually sound in that it meets local and area-wide needs and conforms to accepted design principles in the proposed functional roadway system, land use configuration, open space system, pedestrian system and drainage system;
(e)
Whether there are adequate services and utilities available or proposed to be made available for the site;
(f)
Whether the proposed phasing or sectioning, if any, is feasible and appropriate to the purposes and circumstances of the project. The Planning Board shall consider whether the phasing or sectioning proposed will have an adverse impact upon the completion of the entire project or a negative impact in the event that the entire project is not completed as contemplated.
(5)
Town Board action. Upon receipt of the Planning Board's referral report, the Town Board may then determine in its own discretion whether to proceed further with consideration of the application.
(6)
Town Board approval. Establishment of a POD District is a change to the Zoning Map and shall be undertaken in accordance with the provisions of Article XIII.
(8)
If the Town Board grants the POD districting, the Zoning Map shall be so notated. No permits or other approvals may be issued until the Planning Board has granted site plan approval. If the applicant fails to obtain site plan approval within 12 months of the approval date of the POD District by the Town Board, the Planning Board shall refer the matter to the Town Board and the Town Board shall consider changing the zoning of the subject property back to its former zoning district classification.
§ 200-35 Planned Commercial Development District (PCD).
A.
Objectives. In order to carry out the purpose of this section, planned commercial development (PCD) shall promote and accomplish the following objectives:
(1)
Improve employment and business opportunities to existing and potential Town residents;
(2)
Utilize land more efficiently by creating less extensive networks of utilities and streets;
(3)
Conserve natural resources and outstanding landscape features;
(4)
Provide better designed, more appropriately located open space areas;
(5)
Provide ancillary on-site commercial services for patrons and on-site workers;
(6)
Create a land use and development pattern consistent with the goals, objectives, and policies of the Comprehensive Plan;
(7)
Create more desirable commercial areas than would be possible without applying the provisions of this section.
B.
General requirements.
(1)
No area of less than seven contiguous acres may be zoned as a PCD District.
(2)
The entire area of the PCD District shall be owned or controlled by the same entity.
(3)
The Table of Land Uses (§ 200-21)[1] indicates the various uses and purposes for which developers may be authorized to make use of PCD Districts, subject to the provisions of this chapter.
[1]
Editor's Note: The Table of Land Uses by Zoning District is included as an attachment to this chapter.
(4)
Dimensional requirements for the district shall be as determined and specified by the Planning Board upon site plan approval.
(5)
Signage for the district shall be as determined and specified by the Planning Board and shall conform to the provisions of Article VIII. The applicant may request a change to the allowed signage, in which case it shall demonstrate special circumstances and the Planning Board shall make specific findings to approve such changes in the allowed signage.
C.
Application and approval procedure.
(1)
Application. All applications for a zone change to a PCD District shall be initiated at the discretion of the Town Board.
(2)
Concept plan. If the Town Board determines to allow an application to be initiated, such application shall be referred to the Planning Board for its review. In order to allow the Planning Board and the developer to reach an understanding on basic design requirements prior to detailed design investment, the developer shall submit a concept plan of his proposal to the Planning Board. The concept plan shall be approximately to scale, although it need not be to the precision of a finished engineering drawing, and it shall clearly show the following information:
(a)
Delineation of the proposed district boundary and the boundaries of the use areas within the district, indicating for each such use its general extent, size and composition;
(b)
The general outlines of the interior roadway system and all existing rights-of-way and easements, whether public or private;
(c)
The interior open space system, if any;
(d)
The overall drainage system;
(e)
If grades exceed 3% or portions of the site have soils which have a moderate to high susceptibility to erosion or a moderate to high susceptibility to flooding and ponding, a topographic map with contours at intervals of not more than five feet of elevation shall be provided along with an overlay portraying the above susceptible soil areas;
(f)
Principal ties to the community at large with respect to transportation, water supply, and sewage disposal;
(g)
A location map showing uses and ownership of abutting lands.
(3)
Additional documentation. The following documentation shall accompany the concept plan:
(a)
A completed environmental assessment form (EAF) as specified by the Planning Board and other environmental information as may be required pursuant to the New York State Environmental Quality Review Act (SEQRA). All known phases of the project shall be considered in the determination of environmental significance;
(b)
Evidence of the existing and future community demand for proposed uses;
(c)
Evidence that the proposal is compatible with the Town Comprehensive Plan;
(d)
A general statement as to how open space is to be maintained;
(e)
If the development is to be phased or sectioned, a general indication of how the phasing or sectioning is to proceed. Whether or not the development is to be phased or sectioned, the concept plan shall show the entire project;
(f)
A statement regarding the availability of water supply and sewage disposal;
(g)
A general description of the public safety services which will be required and whether such services are presently available;
(h)
Evidence demonstrating the applicant's competence to carry out the plan.
(4)
Planning Board review of the concept plan. The Planning Board shall review the concept plan and its accompanying documents and shall make a recommendation to the Town Board within 60 days of receipt of the referral unless modified by mutual agreement of the Town Board and the Planning Board. The Planning Board may call upon any Town department and any other public agencies or private consultants that it feels are necessary to provide a sound review of the proposal. The following matters shall be addressed in the referral report:
(a)
The consistency of the plan with the Town Comprehensive Plan;
(b)
The consistency of the plan with the purposes and objectives of a PCD District;
(c)
Whether the plan meets all of the applicable general requirements;
(d)
Whether the plan is conceptually sound in that it meets local and area-wide needs and conforms to accepted design principles in the proposed functional roadway system, land use configuration, open space system, pedestrian system and drainage system;
(e)
Whether there are adequate services and utilities available or proposed to be made available for the site;
(f)
Whether the proposed phasing or sectioning, if any, is feasible and appropriate to the purposes and circumstances of the project. The Planning Board shall consider whether the phasing or sectioning proposed will have an adverse impact upon the completion of the entire project or a negative impact in the event that the entire project is not completed as contemplated.
(5)
Town Board action. Upon receipt of the Planning Board's referral report, the Town Board may then determine in its own discretion whether to proceed further with consideration of the application.
(6)
Town Board approval. Establishment of a PCD District is a change to the Zoning Map and shall be undertaken in accordance with the provisions of Article XIII.
(8)
If the Town Board grants the PCD districting, the Zoning Map shall be so notated. No permits or other approvals may be issued until site plan approval has been granted by the Planning Board. If the applicant fails to obtain site plan approval within 12 months of the approval date of the PCD District by the Town Board, the Planning Board shall refer the matter to the Town Board and the Town Board shall consider changing the zoning of the subject property back to its former zoning district classification.
§ 200-36 Planned Industrial District (InP).
A.
Objectives. In order to carry out the purpose of this section, Planned Industrial Districts (InP) shall promote and accomplish the following objectives:
(1)
Improve employment and business opportunities to existing and potential Town residents;
(2)
Utilize land more efficiently by creating less extensive networks of utilities and streets;
(3)
Conserve natural resources and outstanding landscape features;
(4)
Provide better designed, more appropriately located open space areas;
(5)
Create a land use and development pattern consistent with the goals, objectives, and policies of the Comprehensive Plan;
(6)
Create more desirable industrial areas than would be possible without applying the provisions of this section.
B.
General requirements.
(1)
No area of less than 10 contiguous acres may be zoned as an InP District.
(2)
The entire area of the InP District shall be owned or controlled by the same entity.
(3)
The Table of Land Uses (§ 200-21)[1] indicates the various uses and purposes for which developers may be authorized to make use of InP Districts, subject to the provisions of this chapter.
[1]
Editor's Note: The Table of Land Uses by Zoning District is included as an attachment to this chapter.
(4)
Dimensional requirements for the district shall be as determined and specified by the Planning Board upon site plan approval.
(5)
Signage for the district shall be as determined and specified by the Planning Board and shall conform to the provisions of Article VIII. The applicant may request a change to the allowed signage, in which case it shall demonstrate special circumstances and the Planning Board shall make specific findings to approve such changes in the allowed signage.
C.
Application and approval procedure.
(1)
Application. All applications for a zone change to an InP District shall be initiated at the discretion of the Town Board.
(2)
Concept plan. If the Town Board determines to allow an application to be initiated, such application shall be referred to the Planning Board for its review. In order to allow the Planning Board and the developer to reach an understanding on basic design requirements prior to detailed design investment, the developer shall submit a concept plan of his proposal to the Planning Board. The concept plan shall be approximately to scale, although it need not be to the precision of a finished engineering drawing, and it shall clearly show the following information:
(a)
Delineation of the proposed district boundary and the boundaries of the use areas within the district, indicating for each such use its general extent, size and composition;
(b)
The general outlines of the interior roadway system and all existing rights-of-way and easements, whether public or private;
(c)
The interior open space system, if any;
(d)
The overall drainage system;
(e)
If grades exceed 3% or portions of the site have soils which have a moderate to high susceptibility to erosion or a moderate to high susceptibility to flooding and ponding, a topographic map with contours at intervals of not more than five feet of elevation shall be provided along with an overlay portraying the above susceptible soil areas;
(f)
Principal ties to the community at large with respect to transportation, water supply, and sewage disposal;
(g)
A location map showing uses and ownership of abutting lands.
(3)
Additional documentation. The following documentation shall accompany the concept plan:
(a)
A completed environmental assessment form (EAF) as specified by the Planning Board and other environmental information as may be required pursuant to the New York State Environmental Quality Review Act (SEQRA). All known phases of the project shall be considered in the determination of environmental significance;
(b)
Evidence of the existing and future community demand for proposed uses;
(c)
Evidence that the proposal is compatible with the Town Comprehensive Plan;
(d)
A general statement as to how open space is to be maintained;
(e)
If the development is to be phased or sectioned, a general indication of how the phasing or sectioning is to proceed. Whether or not the development is to be phased or sectioned, the concept plan shall show the entire project;
(f)
A statement regarding the availability of water supply and sewage disposal;
(g)
A general description of the public safety services which will be required and whether such services are presently available;
(h)
Evidence demonstrating the applicant's competence to carry out the plan.
(4)
Planning Board review of the concept plan. The Planning Board shall review the concept plan and its accompanying documents and shall make a recommendation to the Town Board within sixty days of receipt of the referral unless modified by mutual agreement of the Town Board and the Planning Board. The Planning Board may call upon any Town department and any other public agencies or private consultants that it feels are necessary to provide a sound review of the proposal. The following matters shall be addressed in the referral report:
(a)
The consistency of the plan with the Town Comprehensive Plan;
(b)
The consistency of the plan with the purposes and objectives of an InP Districts;
(c)
Whether the plan meets all of the applicable general requirements;
(d)
Whether the plan is conceptually sound in that it meets local and area-wide needs and conforms to accepted design principles in the proposed functional roadway system, land use configuration, open space system, pedestrian system and drainage system;
(e)
Whether there are adequate services and utilities available or proposed to be made available for the site;
(f)
Whether the proposed phasing or sectioning, if any, is feasible and appropriate to the purposes and circumstances of the project. The Planning Board shall consider whether the phasing or sectioning proposed will have an adverse impact upon the completion of the entire project or a negative impact in the event that the entire project is not completed as contemplated.
(5)
Town Board action. Upon receipt of the Planning Board's referral report, the Town Board may then determine in its own discretion whether to proceed further with consideration of the application.
(6)
Town Board approval. Establishment of an InP District is a change to the Zoning Map and shall be undertaken in accordance with the provisions of Article XIII.
(8)
If the Town Board grants the InP districting, the Zoning Map shall be so notated. No permits or other approvals may be issued until the Planning Board has granted site plan approval. If the applicant fails to obtain site plan approval within 12 months of the approval date of the InP District by the Town Board, the Planning Board shall refer the matter to the Town Board and the Town Board shall consider changing the zoning of the subject property back to its former zoning district classification.