This chapter hereby establishes the zoning districts identified in § 480-6 below, divides the Town into such residential, commercial, open space and other districts, and within such districts, regulates and restricts the erection, construction, reconstruction, alteration, and use of buildings, structures, and land in a manner deemed most appropriate and best suited to carry out the purpose of this chapter and the purposes and objectives of the Town Land Use Plan (hereinafter referred to as "Town Plan") and the Adirondack Park Land Use and Development Plan (hereinafter referred to as "Adirondack Park Plan").
A.
The Town of Webb is divided into the following zoning districts and
subdistricts, hereafter called "district(s)" or "subdistrict(s)":
(1)
Private lands:
|
RV
|
Residential Village District
| |
|
RS
|
Residential Seasonal District
| |
|
RS-1
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Residential Seasonal District
| |
|
RS-2
|
Residential Seasonal District
| |
|
RR
|
Residential Rural District
| |
|
CB
|
Commercial Business District, further divided into Commercial
Business Subdistricts CB-1, CB-2, CB-3, CB-4, CB-5 and CB-6
| |
|
OS
|
Open Space District
| |
|
CO
|
Conservation Overlay District
|
(2)
State lands:
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W
|
Wilderness District
| |
|
WF
|
Wild Forest District
| |
|
I
|
Intensive Use District
|
B.
Provision is also made for creation of one or a combination of the
following planned districts:
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P-R
|
Planned Residential District
| |
|
P-Rec
|
Planned Recreational District
| |
|
P-C/I
|
Planned Commercial/Industrial District
|
The above-established districts are delineated on an overall
Zoning Map of the Town entitled "Zoning Map No. 1" and a series of
zoning subarea maps of various portions of the Town listed below,
included herein as Attachment 2,[1] or on file with the Town, and hereby made a part of this
chapter:
|
Zoning Map
|
Area
| |
|---|---|---|
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No. 1
|
Town of Webb (overall)
| |
|
No. 2
|
Okara Lakes
| |
|
No. 3
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Thendara, Old Forge
| |
|
No. 4
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First, Second, Third Lakes
| |
|
No. 5
|
Fourth Lake, Eagle Bay
| |
|
No. 6
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Rondaxe Lake
| |
|
No. 7
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Big Moose Lake
| |
|
No. 8
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Big Moose Station, Ainsworth Lake
| |
|
No. 9
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Twitchell Lake
| |
|
No. 10
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Beaver River
| |
|
No. 11
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Stillwater
| |
|
No. 12
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Moshier Falls
| |
|
No. 13
|
McKeever
| |
|
No. 14
|
Minnehaha
| |
|
Nos. 15 and 16
|
Thendara — Old Forge (portions of areas on Map No. 3 and
No. 4 shown in more detail)
|
[1]
Editor's Note: Attachment 2 is included as an attachment to this chapter.
Standard and conditional uses permitted in each of the above-established
districts, and basic standards applicable thereto, are set forth in
Attachment 1, Summary Schedule of Permitted Uses and Standards Applicable
Thereto,[1] included herein and hereby made a part of this chapter. Additional standards applicable to conditional uses are outlined in § 480-15. Additional standards applicable to accessory buildings and uses are outlined in § 480-13. Additional standards applicable to shorelines are outlined in § 480-31.
[1]
Editor's Note: Attachment 1 is included as an attachment to this chapter.
A.
Purpose.
(1)
The purpose of a planned district is to permit and encourage alternative
concepts for developing and adapting land areas within the Town for
appropriate residential, recreational, commercial or industrial use,
or acceptable combinations of such uses, where clustering and other
land development techniques will contribute to more effective and
economical land use and growth; preservation of existing land, water,
and other natural resources; reduction of the need for extension of
public services and systems; and strengthening of the Town's economic
base, without departing from the spirit and intent of this chapter.
(2)
This provision permits establishment of a planned district for areas of proposed new land use and development, including clustering and mixing of dwellings and other uses, modification of existing resort facilities which may be subdivided, converted, and expanded for residential use, and other concepts and approaches to land use and development which are consistent with Town needs and objectives. Permitted land use and development in a planned district may involve adjustment or waiver of permitted uses, minimum lot area, minimum yard dimensions, and other basic standards applicable to development under this chapter. See also Subsection D, Waiver of nonapplicability, herein, whereby conversion of existing resort facilities for one-family dwellings may be permitted through a waiver by the Planning Board without establishment of a planned district.
(3)
Nothing herein shall obligate the Town to establish a planned district
nor to approve any requested adjustment or waiver of permitted uses
or development standards within a district. An application for a planned
district must demonstrate that an alternative development concept
proposed for the land in question will be beneficial to the basic
purposes of this chapter.
B.
Procedure. The procedure for establishment of a planned district
shall be as follows:
(1)
Sketch plan/discussion with Planning Board. An applicant may submit
appropriate sketch site plan information identified in Appendix B[1] of this chapter to the Planning Board and arrange to informally
discuss a proposed planned district project with the Board in order
to identify key land use and development considerations and potential
problems, if any, to be evaluated in further refinement of a planned
district proposal for a formal application to the Town.
[1]
Editor's Note: Appendix B is included as an attachment to this chapter.
(2)
Establishment of a planned district.
(a)
An application to the Town Board for establishment of a P-R,
P-Rec or P-C/I District shall be referred to the Planning Board within
10 days of receipt by the Town Board. The application shall include
site plan information identified in Appendix B of this chapter. Such
information shall fully identify, locate, and explain all proposed
new and modified land use and development.
(b)
The Planning Board, using the services of a professional planning
advisor as it may elect, shall review such application. The Board
may request additional information from the applicant and may require
such changes in the site plan as are found to be necessary to meet
the requirements of this chapter, to protect established permitted
uses and natural resources in the vicinity, and to promote the orderly
growth and sound development of the Town. In evaluating the proposal
and in making a decision regarding the site plan, the Planning Board
shall consider and make findings of fact and conclusion regarding
the following considerations and criteria:
[1]
The need for the proposed project in terms of residential and
other land use, growth and development in the Town.
[2]
The degree to which the plan is or is not consistent with the
stated purposes of the planned district, this chapter, the Town Plan
and the Adirondack Park Plan.
[3]
The existing character of the neighborhood and the effects,
beneficial or adverse, of the proposed development on the neighborhood.
[4]
The location of principal and accessory buildings and uses on
the lot in relation to one another and to other structures and uses
in the neighborhood, including density, coverage, bulk, height, yards
and other considerations.
[5]
The provision for pedestrian circulation and open space facilities
on the site, including the reliability of maintenance and conservation
of such facilities.
[6]
The recognition and satisfactory accommodation and protection of important land, water, visual and other natural resources and features on or adjoining the site, including applicable development considerations listed in § 480-43, Required referrals; Town review of Class B regional projects.
[7]
The traffic approach and circulation within the site, including
the amount of, location of, and access to vehicular parking, loading,
and related service areas.
[8]
The volumes of traffic generated at peak hours and the provisions
for adequately handling such volumes, with particular reference to
points of ingress and egress, potential hazards such as inadequate
sight distances and intersection design, and the nature and adequacy
of the connecting street or highway system to absorb the anticipated
traffic changes.
[9]
The provision for storm drainage, sanitary and solid waste disposal,
water supply, and other basic services on and adjacent to the site.
[10]
The proposed location, type and size of signs and landscape
features.
[11]
The physical design of the site plan and the manner and extent
to which the design furthers the amenities of light, air, visual enjoyment,
and natural resource protection.
(c)
The Planning Board shall report its findings and make its recommendation
to the Town Board within 45 days. It may recommend approval, disapproval,
or conditional approval subject to modification of the site plan.
Where the Planning Board acts to recommend conditional approval, the
applicant shall be given an opportunity to amend the site plan to
conform to the Board's suggested modifications prior to the Board's
report to the Town Board.
(d)
The Town Board shall hold a public hearing after public notice
as required for any amendment to this chapter and shall consider the
report and recommendations of the Planning Board and all other comments,
reviews and statements pertaining thereto. The Town Board may amend
the Zoning Map to establish and define the type and boundaries of
the planned district, and in so doing may state specific conditions
in addition to those provided by this section, further restricting
the nature or design of the above development, and may require that
the applicant submit an amended site plan conforming with such conditions
prior to final action by the Board to establish a district. As part
of an action to establish a district, the Town Board may waive certain
requirements of permitted uses and standards identified in Attachment
1,[2] except streetfront/shoreline yard dimensions, where it
is determined that such waivers will not adversely affect the character
of the neighborhood or adjacent land uses or natural resources. Any
such waivers shall be expressly related to representations made by
the applicant on site plan drawings and other documents submitted
with the application and shall not serve to waive any other requirements
or to permit the applicant to modify or relax other requirements.
[2]
Editor's Note: Attachment 1 is included as an attachment to this chapter.
(3)
Approval of development within an established planned district.
(a)
Amendment of the Zoning Map to establish a planned district
shall not constitute authorization to undertake any construction and
development in the district.
(b)
Such authorization shall require that the applicant submit to
the Planning Board an amended site plan conforming to conditions and
restrictions previously imposed by the Planning Board and Town Board,
if any, and such further plans and specifications, supporting documents
and data as are required under Item IIA, Site Plan(s), in Appendix
B of this chapter,[3] hereafter referred to as the "plan."
[3]
Editor's Note: Appendix B is included as an attachment to this chapter.
(c)
Conformity required.
[1]
No permit shall be issued until the Planning Board has determined
that the plan has been made to conform to all prior conditions and
restrictions and has approved the plan and until the Board has forwarded
a copy of the plan and reported to the Town Board as to its intent
to authorize issuance of a permit.
[2]
Affirmative action by the Planning Board shall be construed
as permitting subdivision, construction, or development in a planned
district only in substantial conformity with the plan approved by
the Board; the applicant shall not amend the plan nor have the right
to request a variance therefrom except upon application to the Planning
Board for such amendment or variance. The Board of Appeals is not
authorized to grant a variance from the plan approved by the Town
Board.
(d)
The approved plan shall run with the land and continue to control
development and shall not lapse or be waived as a result of any change
in tenancy or ownership of any or all of the designated districts.
(e)
If construction in accordance with the approved plan has not
started within one year after the date of the Planning Board resolution
authorizing issuance of the permit, the permit shall become null and
void, and the plan approval shall be deemed revoked and vacated, except
that such time period may be extended upon application to and authorization
by the Planning Board. If no construction has commenced within two
years after the date of the Planning Board resolution authorizing
issuance of the permit, the Town Board may elect to conduct a public
hearing and otherwise consider and act upon amendment of the zoning
of the land from planned district to its former zoning district status.
C.
Standards applicable to planned districts. The following planned
districts may be considered according to the requirements stipulated
for each:
(1)
Planned Residential (P-R) District.
(a)
Permitted uses. Uses include, but are not limited to:
[1]
Any types of one-family, two-family and multiple-family dwellings,
or a combination thereof.
[2]
Park, playground, swimming pool, golf course, and other developed
or natural recreation areas and facilities.
[3]
Accessory uses customarily incidental and subordinate to the
foregoing uses.
[4]
Limited commercial uses compatible with and supportive of the
residential uses within the district, and otherwise clearly appropriate
to surrounding uses and to the location within the Town, may be permitted.
[5]
All dwelling units within a P-R District shall be served by
public water and sewer systems or by other water and sewer systems
meeting the requirements of the Town Sanitary Code and the New York
State Department of Health.
(b)
Area of district. A P-R District shall be at least five acres
in area.
(c)
Density/clustering permitted.
[1]
The maximum density of dwelling development of land within a
district shall generally conform to the maximum density permitted
in the zoning district existing prior to establishment of the district,
measured in terms of minimum lot area requirements per dwelling. The
Planning Board may permit increases in density up to 25% above the
maximum density otherwise permitted where it is demonstrated to the
satisfaction of the Board that the particular location and site can
reasonably sustain such increased density and that the average density
of the general area, including surrounding areas, will not exceed
average density requirements of the Adirondack Park Plan.
[2]
Detached and attached one-family dwellings and other dwellings
may be developed on single ownership or common ownership lots smaller
than required in the existing district and may be otherwise clustered
or grouped without regard for minimum lot areas and widths and minimum
yard dimensions, except as noted elsewhere.
[3]
In addition, a lot or portion of a lot allocated to multiple-family
dwellings shall provide an average lot area of 8,000 square feet for
each dwelling. A minimum lot area of 4,000 square feet shall be provided
for each such dwelling when land is subdivided for attached dwellings
such as townhouses.
[4]
In order to encourage clustering of buildings and the maintenance
of undeveloped shorelines, as an alternative to minimum lot widths,
shoreline dwelling development may be clustered based upon the following
approximate maximum number of principal buildings (other than boathouses)
per linear mile of shoreline or proportionate fraction thereof:
|
District
|
Principal Buildings Per Linear Mile
| |
|---|---|---|
|
RV, CB
|
106
| |
|
RS
|
53
| |
|
RS-1, RS-2
|
42
| |
|
RR
|
36
| |
|
OS
|
26
|
[5]
Cluster development within a district in both shoreline and
nonshoreline areas requires that land used to determine density of
development but which is not developed shall be preserved and maintained
as open land, and upon request by the Town, all development rights
thereto shall be conveyed to the Town for as long as these structures
shall exist. Where groups of landowners are acting together to employ
cluster development, approval of such development may also require
such conveyance of development rights, or such other provisions, whether
by deed restriction, restrictive covenant or other appropriate means,
to insure the permanent retention in open space of the undeveloped
portions of land developed on a cluster basis instead of on the basis
of minimum individual lot area and width requirements.
[6]
Conversion and subdivision, and any expansion and improvement of existing resort club, lodge facilities and lots for one-family or other dwellings, may be permitted through establishment of a planned district, and minimum lot areas and widths, minimum yard dimensions, and other requirements of the existing zoning district(s) may be waived. Maximum permitted density may be increased up to 25% as noted above. See also Subsection D, Waiver of nonapplicability, herein for an alternative procedure for conversion of existing resort club, lodge facilities for one-family dwellings.
(d)
Other requirements and standards.
[1]
All yards shall be as large as possible. Streetfront and shoreline
yards shall not be less than those required in the zoning district(s)
existing prior to establishment of the planned district. Side and
rear yards in any part of the district shall not be less than those
required for lots immediately adjoining that part of the district;
if necessary, yards shall vary to correspond to such adjoining yard
requirements.
[2]
Building coverage of the lot shall generally not exceed the
average coverage required in the zoning district(s) existing prior
to establishment of the district.
[3]
Building height shall generally not exceed 35 feet, provided
that greater height may be approved by the Planning Board.
[4]
Circulation system and other facility design standards shall
include:
[a]
Adequate, safe and convenient arrangement of roadways,
driveways, off-street parking and loading space, and pedestrian circulation
facilities.
[b]
Roads, pedestrian walks and open space designed
as integral parts of an overall site design, properly related to existing
and proposed buildings, and appropriately landscaped.
[c]
Buildings, vehicular circulation and open spaces
arranged so that pedestrians moving between buildings are not unnecessarily
exposed to vehicular traffic.
[d]
Landscaped, paved and comfortably graded pedestrian
walks provided along the lines of most intense use, particularly from
building entrances to streets, parking areas and adjacent buildings.
[e]
Materials and design of street and other paving, and all curbs, gutters, sidewalks, walls, lighting, and other street appurtenances, whether or not to be offered for cession to the Town, constructed in accordance with applicable Town standards as set forth in Chapter 410, Subdivision of Land, of the Code of the Town of Webb and any additional requirements or stipulations deemed necessary by the Town Highway Superintendent.
[f]
Sewer, water, and drainage systems constructed
in accordance with applicable Town and New York State Health Department
standards, whether or not to be offered for cession to the Town. Such
utility systems shall be ceded to the Town where streets are to be
ceded to the Town. Nothing herein shall require the Town to accept
such streets and utility systems.
[5]
Off-street parking spaces:
[a]
At least 1 1/2 spaces per dwelling unit.
[b]
As otherwise required in this chapter for permitted
commercial uses, plus additional spaces, if any, required by the Planning
Board, depending on the type(s) of uses, to insure that the site is
reasonably self-sustaining in meeting off-street parking needs without
relying on parking spaces required for dwelling units.
[c]
Landscaped and screened from external and interior
view to the extent necessary to reduce visual impact and monotony
of parked cars.
[d]
Designed with careful regard to orderly arrangement,
topography, landscaping, and ease of access and developed as an integral
part of the overall site plan design.
[e]
Any above-grade loading facility screened from
external and interior view to the extent necessary to reduce visual
impact.
[6]
Open space recreation areas:
[a]
Suitable and satisfactorily located lands comprising
at least 5% of the area of the district designated and reserved for
open space recreation purposes and improved in a manner acceptable
to the Town.
[b]
Area and facilities may be offered for cession
to the Town or retained in private ownership under an agreement for
permanent maintenance satisfactory to the Town. In the instance where
satisfactory accommodation of open space recreation needs cannot be
reasonably accomplished, the Town may, at its discretion, accept a
payment in lieu of, and comparable to the value of, such land and
its improvement to a recreation fund for the explicit purpose of future
acquisition or improvement of recreational lands and facilities in
the Town to reasonably serve the needs of the planned district residents.
[c]
Such open space recreation area shall be in addition
to lands otherwise reserved for minimum required setbacks, buffer
areas and preservation of unique or outstanding natural site features.
[7]
Landscape design standards.
[a]
Landscape treatment for roads, sidewalks, and service
and parking areas shall be designed as an integral part of a coordinated
landscape design for the entire district.
[b]
Natural landscape features shall be preserved and
integrated into the design as much as possible, supplemented with
new plantings appropriate to the site and environmental characteristics,
combined with appropriate paving and other treatment to provide an
attractive development pattern.
[c]
All streets bordering the district shall be planted
at appropriate intervals with street trees as required to supplement
natural tree cover.
[8]
General requirements:
[a]
Consistent quality of architectural treatment of
all sides of all buildings within a residential group.
[b]
Design of all facilities to conform to and take
advantage of natural topography of the project site wherever feasible
and appropriate, avoiding excessive topographic alteration and disturbance
of natural conditions or intensification of surface runoff rates or
volumes which would cause erosion, flooding, or otherwise adversely
affect downstream conditions.
[c]
Buildings spaced and oriented to insure adequate
light and air.
[d]
Buildings arranged to avoid undue exposure to concentrated
loading or parking facilities wherever possible and oriented to preserve
visual and audible privacy between adjacent buildings.
[e]
All buildings arranged to insure access by emergency
vehicles.
(2)
Planned Recreation (P-Rec) District.
(a)
Permitted uses. Uses include, but are not limited to:
(b)
Area of district. Any P-Rec District shall be at least 10 acres
in area, but not less than the minimum lot area required for the proposed
principal use in the zoning district existing prior to establishment
of the district.
(c)
Density/clustering permitted. Several principal uses may be
combined or clustered on a lot which is smaller than the aggregate
lot area required for the individual uses, provided that the proposed
density of such combined or clustered uses is able to be accommodated
without adverse impact on the capacity or integrity of land, water
and other natural resources and features or on the capacity of Town
services and other public systems.
(d)
Other requirements and standards:
[1]
Same as other requirements and standards for P-R Districts,
except as indicated below:
[2]
In all cases, Planning Board and Town Board consideration of
waivers or adjustments of permitted uses, density, and development
standards for a P-Rec District shall take into consideration the effective
accommodation of such use and development on the land without adverse
environmental impacts where such a district can also be shown to result
in favorable long-term preservation of natural resources.
(3)
Planned Commercial/Industrial (P-C/I District).
(a)
Permitted uses. Uses include, but are not limited to:
[1]
Retail sales.
[2]
Personal service.
[3]
Shopping center.
[4]
Office.
[5]
Bank, financial institution.
[6]
Lodging facility, hotel/motel.
[7]
Eating/drinking establishment, restaurant.
[8]
Commercial recreation.
[9]
Research/scientific/technological facility.
[10]
Light manufacturing/assembly.
[11]
Accessory uses as are customarily incidental and subordinate
to the above uses.
(b)
Area of district. Any P-C/I District shall be at least 10 acres
in area, except that in a CB District served by public sewer and water
systems, a P-C/I District shall be at least five acres in area.
(c)
Density/clustering permitted. Several principal uses may be
combined or clustered on a lot which is smaller than the aggregate
lot area required for the individual uses, provided that the proposed
density of such combined or clustered uses is able to be accommodated
without adverse impact on the capacity or integrity of land, water
and other natural resources and features or on the capacity of Town
services and other public systems.
(d)
Other requirements and standards. Same as other requirements
and standards for P-R Districts, except as indicated below:
[1]
Off-street parking.
[a]
Off-street parking for all uses, except research/scientific/technological
facility and light manufacturing/assembly uses, shall provide one
space per individual customer, guest, or other patron to be accommodated
at peak use, but not less than one space for each 200 square feet
of building floor area, plus employee parking and loading and service
areas as necessary.
[b]
Off-street parking for the above-excepted uses
shall provide parking space for each employee at peak shift, plus
an additional 10% of such spaces for visitors, plus loading and service
areas as necessary.
[2]
Open space recreation areas: not applicable.
D.
Waiver of nonapplicability; conversion of resort club, lodge use
to one-family dwelling use.
(1)
As an alternative to establishment of a planned district for conversion
and subdivision of all or a portion of resort club, lodge lot and
facilities for detached and attached one-family dwellings, the Planning
Board, consistent with the provisions of § 278 of the Town
Law and § 811 of the Adirondack Park Agency Act, may consider
an application for a waiver of nonapplicability of minimum lot area
and width and minimum yard dimension standards and shoreline requirements
of this chapter applicable to individual dwellings resulting from
the conversion and subdivision. The Planning Board may permit increases
in density up to 25% above the maximum density which would otherwise
be permitted on the basis of minimum lot area required for each dwelling,
where it is demonstrated to the satisfaction of the Board that the
particular location and site can reasonably sustain such increased
density and that the average density of the general area, including
surrounding areas, will not exceed average density requirements of
the Adirondack Park Plan.[4]
(2)
Said application shall include submission of applicable site plan
information required in Appendix B of this chapter.[5] Subject to any conditions established by the Board, issuance
of such a waiver shall release the applicant from compliance with
all or some of the above standards and requirements.
[5]
Editor's Note: Appendix B is included as an attachment to this chapter.
(3)
In making its determination, the Planning Board shall conduct a public
hearing in accordance with public hearing procedures herein for conditional
uses and shall consider said application in accordance with all requirements
and standards herein applicable to a Planned Residential District.
