[Added 11-1-2017 by L.L.
No. 3-2017]
A. This section shall be known as Local Law No. 3 of 2017 entitled "Mixed
Use District." This section of the Town of Penfield Zoning Ordinance
applies to all mixed use developments in the Town of Penfield. For
the purposes of the Zoning Ordinance, "mixed use" means a combination
of residential, commercial and civic uses, arranged vertically (in
multiple stories of buildings) or horizontally (adjacent to one another),
at a pedestrian scale that encourages less reliance on the automobile
for the daily lives of residents.
B. The Mixed Use District was generated in conjunction with the Town
of Penfield Mixed Use Development Manual. The manual serves as a guidebook
for the development in the district (e.g., definitions, design criteria,
development intensity).
C. Purpose.
(1)
The purpose of the Mixed Use District is to permit, where zoned,
the creation and construction of mixed-use developments within the
town. All development must comply with the following 10 principles
of mixed use development:
(a)
A mixture of complementary land uses to create economic and
social vitality and encourage the linking of pedestrian and vehicular
trips.
(b)
Flexible housing alternatives.
(c)
Areas that are safe, comfortable and convenient for pedestrians.
(d)
Flexibility in the siting and design to support future changes
in land use.
(e)
Walkability within neighborhoods with walkways and trails that
encourage pedestrian and bicycle travel.
(f)
Variety of services within walking distance.
(g)
Efficient use of land with compact, clustered development.
(h)
Development that supports public transit where applicable.
(i)
Open space preservation/creation and reduction of impact on
natural resources.
(j)
Transportation planning that reduces vehicular demands.
D. Mixture of uses.
(1)
Mixed use developments shall provide a variety of compatible
uses located within the same project site in an integrated manner.
The minimum number of uses is based upon the size of the development.
Table 6.1 of the Mixed Use Development Manual sets forth the minimum
number of uses per development size, and the minimum percentage of
each use in square footage.
E. Permitted uses.
(1)
The following uses are permitted in the Mixed Use District.
No vehicular drive-through operations are permitted. Commercial uses
shall be scaled as appropriate to be consistent with the size and
location of a specific parcel.
(a)
Permitted single-family and multifamily residential uses shall
include the following housing types:
[1] Low-rise housing (four stories or less).
[9] Vertical mixed use with residential on top.
(b)
Permitted commercial uses shall include the following:
[1] Insurance office of independent or general agents.
[2] Medical and dental offices and clinics, excluding
overnight occupancy.
[3] Offices for other licensed professionals, such
as architects, designers, engineers, etc., excluding, however, any
warehouse or storage areas.
[5] Other applicable office space.
[6] Financial establishments.
[7] Art galleries and studios.
[9] Laundromat or dry-cleaning pick-up establishments.
[11] Drugstores or pharmacies.
[12] Hardware stores, garden supply stores, and paint
and wallpaper stores.
[17] Retail outlets and department stores.
[18] Theaters (not including drive-in theaters).
[20] Civic uses, such as, churches, schools, community
centers, and other public-oriented uses.
F. Conditionally permitted uses.
(1)
The following uses are conditionally permitted in the Mixed
Use District. Commercial uses shall be scaled as appropriate to be
consistent with the size and location of a specific parcel.
(a)
Bar, tavern, restaurant or other eating place.
(b)
Hotels and bed-and-breakfast establishments
(c)
Nonprofit institutions for charitable, religious, cultural or
community social purposes.
(d)
Nursery or day-care centers, and nonprofit schools.
(e)
Combinations of permitted single-family residential, business
nonretail, limited business and general business uses.
(f)
Entertainment (adult uses and adult entertainment establishments
are not permitted).
(g)
Other uses not specifically listed above as permitted uses,
but determined by the board having jurisdiction to be similar in nature
and compatible with the purposes of the Mixed Use District may also
be considered; provided, however, that in any event, no conditional
use permit shall or may be issued with respect to any explicitly prohibited
use. Upon approval from the board having jurisdiction, applicants
are required to obtain a conditional use permit from the Town Clerk
prior to occupying the space.
G. Accessory uses.
(1)
Uses that are accessory to an integral part of and used solely
by the permitted or conditionally permitted use and determined appropriate
by the authorized official or the board having jurisdiction, as the
case may be. Types of accessory uses include, but are not limited
to, parks and recreation facilities, private and public active and
passive recreational uses, and multiuse trail systems.
H. Change of use.
(1)
At any time a specific use originally permitted within this
district is to be changed so that it involves a separate, different
and distinct use, process or product, an authorized official shall
make a determination if an application must be made to the Zoning
Board of Appeals for a change of use permit or conditional use permit.
(2)
Upon a determination by the authorized official that any business
or conditional use originally permitted within the Mixed Use District
is to be changed so that it involves a separate, different and distinct
use, process, product or service, or involves a new operator, an application
for a conditional use permit must be made to the board having jurisdiction.
Prior to authorizing the Town Clerk to issue the conditional use permit,
the board having jurisdiction shall ensure that the applicant satisfies
the Town's standards and requirements of this section. As part of
this process, the board having jurisdiction may require the modification
of any and all phases of the operation that have become, or are liable
to become, detrimental to the neighborhood. The board having jurisdiction,
in its absolute discretion, in cases it deems to be appropriate, may
delegate authority to the authorized official to grant or deny a conditional
use permit consistent with the standards and requirements of this
section.
I. Minimum dimensional requirements.
(1)
All mixed use developments shall comply with the minimum dimensional
requirements are set forth in Table 6.1 of the Mixed Use Development
Manual.
(2)
The Planning Board or the Zoning Board of Appeals, as the case
may be, shall have the power to establish, determine and modify applicable
provisions of the Mixed Use District with regard to setbacks for the
purpose of enabling and encouraging flexibility of design and development
of land in such a manner as to promote the most appropriate use of
land and to facilitate the adequate use of streets, utilities and
amenities that will benefit the Mixed Use District and/or development.
(3)
No structure shall be greater than two stories or 35 feet in
height, whichever is less, within 100 feet of any adjacent permitted
residential zoning district abutting the Mixed Use District.
(4)
Within the mixed use development, a zero setback from the side
property line(s) may be permitted to help create a more compact development.
Minimum setbacks shall be required to comply with fire and building
codes.
J. Parking.
(1)
Shared parking for different uses is required within all mixed-use
development. The minimum number of parking spaces for a mixed-use
development shall be determined by a study prepared by the applicant
following the procedures of the Urban Land Institute (ULI) Shared
Parking Report or Institute of Transportation Engineers (ITE) Shared
Parking Guidelines. A formal parking study may be waived by the Planning
Board for small developments if it is demonstrated that sufficient
parking is available for the planned uses.
(2)
Shared parking spaces for residential units must be located
within a maximum of 300 feet of dwelling unit entrances that are being
served by those spaces.
(3)
There shall be limited visibility of parking lots from the main-street-facing
sides of buildings. Single row, on-street parking shall be permitted.
(4)
Adjacent properties abutting the Mixed Use District shall be
adequately screened from parking structures and lots.
(5)
Parking provided to the general public shall be clearly marked
and separate from private resident parking spaces.
(6)
The size and number of ADA compliant parking spaces for each
development must meet the New York State Building Code.
(7)
Residential units such as single-family detached or semidetached,
townhouses, or other similar housing shall be provided with private
parking spaces, garages, or other covered parking spaces. Visitor
parking shall be included as shared parking with other adjacent land
uses.
K. Connectivity and pedestrian access.
(1)
Connectivity involves providing options for getting from one
place to another, reducing traffic, and creating viable street networks.
(a)
Sidewalks shall be installed along all roads both public and
private, and shall connect to front building entrances, parking areas,
central open space, and other pedestrian destinations. Sidewalks shall
also be included to connect common areas, parking areas, open space,
and recreational facilities within the mixed-use development.
(b)
All mixed-use developments shall comply with the dimension requirements
for sidewalks that are set forth in Table 5.4 in the Mixed Use Development
Manual.
(c)
All mixed-use developments shall comply with the dimension requirements
for major multiuse walkways and trails intended to accommodate pedestrians,
cyclists, and other users are that set forth in Table 5.4 in the Mixed
Use Development Manual.
(d)
Bicycle racks shall be provided close to building entrances,
public plazas, and other public gathering areas.
L. Public open space.
(1)
In reference to open space, "public" refers to those areas within
a mixed-use development that shall be available for use by local residents
and the general public. These spaces may be owned, operated, and maintained
by an association, organization, agency or municipality. Public open
space can take the form of active and passive recreation areas, public
courtyards, town square, and other areas that are be used for public
gatherings.
(a)
All public open space shall be restricted from future subdivision
and development.
(b)
The amount of public open space required is based upon the size
of a mixed-use development. The board having jurisdiction shall establish
the required amount of public open space required for each development.
(c)
All structures shall be constructed with connectivity to public
open space.
(d)
No portion of any road right-of-way area may be used for calculating
the minimum required amount of total open space.
(e)
The proposed site plan shall clearly delineate between public
space and private space. Private and semiprivate outdoor spaces (decks,
patios, front and back yards, etc.) are encouraged, but are not considered
public open space.
M. Landscaping.
(1)
All landscaping proposed within the Mixed Use District shall
be subject to the review and approval of the Planning Board or Zoning
Board of Appeals, as the case may be, and shall comply with the Mixed
Use Development Manual.
N. Lighting.
(1)
Lighting of properties within the Mixed Use District shall be
coordinated so as to provide consistency of design and to maximize
efficient use of energy. All such lighting shall be no more than 16
feet in height, and located so as not to cause glare to any adjacent
sites and shall be approved subject to the Planning Board or Zoning
Board of Appeals, as the case may be, and shall comply with the Mixed
Use Development Manual as written in section 5.1.10.
O. Signage.
(1)
All signage proposed in the Mixed Use District shall comply
with the requirements of the Town of Penfield Zoning Ordinance.
P. Architecture.
(1)
The requirements for architectural design standards are set
forth in the Mixed Use Development Manual. The final design of any
proposed mixed use development shall be subject to the review and
approval of the Planning Board or Zoning Board of Appeals, as the
case may be. The Board may refer the review of architectural designs
to its Architectural Consultant at its discretion for report and recommendation.
Q. Hours of operation.
(1)
Business establishments within the Mixed Use District shall
be permitted to operate from 6:00 a.m. to 12:00 midnight on a daily
basis. Based on the intensity of use and its potential impact on the
neighboring area, the Planning Board or Zoning Board of Appeals, as
the case may be, may modify the hours of operation as part of the
process of granting a conditional use permit.
R. Area rezoned.
(1)
The 360+/- acres, as described in Schedules "A" and "B," attached
hereto and made a part hereof, are rezoned to Mixed Use District (MUD)
and the Official Zoning Map and Zoning Ordinance of the Town of Penfield
be and the same are amended to reflect the aforesaid zoning changes
for the properties described in Schedules "A" and "B."
S. When effective.
(1)
This section shall take effect immediately.