Town of New Castle, NY Establishment of Districts

Said districts are bounded and defined as shown on a map entitled "Zoning Map, Town of New Castle, New York," adopted June 21, 1971, and certified by the Town Clerk, which map is located in the Town Clerk's office and which, with all explanatory matter thereon, is hereby made a part of this chapter.[1]

[1]

Editor's Note: The Zoning Map may be found in the pocket at the end of this chapter and is on file in the Town offices.

§ 60-320 Interpretation of district boundaries.

Where uncertainty exists as to the locations of any boundaries shown on the Zoning Map, the following rules shall apply:

District boundary lines follow streets, rights-of-way, watercourses, municipal boundaries or lot lines or are parallel or perpendicular thereto, unless such district boundary lines are fixed by dimensions as shown on the Zoning Map.

Where district boundaries are indicated as approximately following streets, rights-of-way or watercourses, the center lines thereof shall be construed to be such boundaries.

Where district boundaries are so indicated that they approximately follow municipal boundaries or lot lines, such lines shall be construed to be such boundaries.

If, after use of the above rules and the map, the district classification of any land is in question, it shall be deemed to be in the most restrictive of the adjoining districts.

§ 60-330 Lots in two or more districts or municipalities.

[Amended 5-23-1995 by L.L. No. 6-1995]

Where portions of a lot lie in two or more districts or municipalities and the area of the lot within any district or within the unincorporated area of the Town, as the case may be, does not comply with the provisions of this chapter, the Building Inspector shall nevertheless issue a building permit, provided that the total area of the lot and the proposed setbacks, building coverage and development coverage comply with the most stringent zoning provisions applying to any part of the lot. However, where the total area, setbacks, building coverage and/or development coverage do not so comply, the Zoning Board of Appeals, on direct application to it, may, after a public hearing, modify such requirements for the portion of such lot within the jurisdiction of the Board in such fashion and to such degree that the zoning requirements shall be reduced the least practicable degree necessary to achieve a reasonable solution, but in no event lower than the requirements of the least restrictive of the districts or municipalities in which the lot lies. Notice of any such hearing affecting another municipality shall be given to the board having jurisdiction of zoning appeals therein, unless it or the municipal officer having functions similar to the Building Inspector shall have previously authorized a building permit.

§ 60-340 Order of restrictiveness of districts.

For purposes of this chapter, the terms "more restrictive" and "less restrictive" refer to the order in which the districts are listed in § 60-300, the first named being the most restrictive.

§ 60-350 Millwood Center Area Design Plan Overlay District.

[Added 6-22-1999 by L.L. No. 10-1999]

Findings; purpose and intent.

(1)

The Town Board of the Town of New Castle hereby finds that it is in the long-term interests of the Town to encourage the orderly and attractive development of the Millwood Hamlet Business Center by establishing supplementary design guidelines that are intended to strengthen and improve the functioning of that center. The Town Board further finds that it is desirable to establish such guidelines for the purposes of enhancing the visual character of the Millwood Hamlet Business Center and developing a coordinated, unified appearance within it. Pursuant to the general authority granted under § 261 of the Town Law, the Town Board hereby finds that it is necessary and appropriate to establish an overlay district in order to implement such goals.

(2)

It is further declared to be the purpose of this subsection to implement the design guidelines that are incorporated by reference in the Millwood Center Area Design Plan adopted by the Town of New Castle Planning Board on May 18, 1993, as further amended on March 2, 1999, which plan sets forth the following specific objectives:

(a)

To maintain a small scale of commercial development, which exhibits a residential character.

(b)

To introduce pedestrian-scale elements and emphasize features that encourage walking within the hamlet center, while still accommodating necessary vehicular circulation functions.

(c)

To orient buildings toward the street side of a property, with rear entrances to be used only for service and safety purposes.

(d)

To encourage irregular building forms and the creation of pedestrian walkways and courtyards to avoid the creation of unimaginative strip development.

(e)

To emphasize landscaping elements in site design.

(f)

To improve signage and encourage harmonious design treatments.

Applicability.

(1)

Regulated activities.

(a)

Except as set forth in § 60-350B(2) hereof, it shall be unlawful to undertake new construction or to modify existing site, structural or building features on any lot located within the Millwood Center Area Design Plan Overlay District, unless plans describing such new construction or modifications have been reviewed by the approving authority in accordance with the provisions of the adopted Millwood Center Area Design Plan in addition to any other applicable provisions of this chapter, and approval for such construction or modifications has been issued by the approving authority.

(b)

The specific provisions of the adopted Millwood Center Area Design Plan shall be applicable to the extent set forth below:

[1]

Proposals for new site work and/or new construction of buildings and structures, including the erection of signs, on an undeveloped lot shall comply with all provisions of the adopted Millwood Center Area Design Plan.

[2]

Proposals for modification to existing site features, excluding buildings but including freestanding signs, on a developed or partially developed lot shall comply with those provisions of the adopted Millwood Center Area Design Plan that apply to the particular feature(s) of the site that are proposed to be modified.

[3]

Proposals for modification to existing buildings on a developed or partially developed lot that would increase the building coverage of such building(s) by 50% or more shall comply with all provisions of the adopted Millwood Center Area Design Plan that are applicable to buildings. If such modification would increase the building coverage of such building(s) by less than 50%, compliance with all provisions that are applicable to buildings, excluding the building frontage zone requirement, the building location requirement and the building wall length requirement, as those terms are defined in the adopted Millwood Center Area Design Plan, shall be required.

[4]

Proposals for modification to existing wall-mounted signs on a developed or partially developed lot shall comply with all provisions of the adopted Millwood Center Area Design Plan that are applicable to signage.

(2)

Exempt activities. Notwithstanding any other provisions of this section to the contrary, the following activities shall be exempt from compliance with the provisions of this section:

(a)

Any development, alteration or improvement of lots located within the Millwood Center Area Design Plan Overlay District for which final approval has been obtained and not expired and for which the approved work has not yet been completed prior to the effective date of this section. As used herein, the term "final approval" shall have the following meaning:

[1]

In the case of an application for site plan approval, adoption by the Planning Board of a resolution granting approval or conditional approval.

[2]

In the case of an application for special permit approval, adoption by the Planning Board or the Zoning Board of Appeals of a resolution granting approval or conditional approval.

[3]

In those cases not covered by Subsection B(2)(a)[1] or [2] above, the prior issuance of a building permit, driveway permit or other authorization for the commencement of the development, alteration or improvement of property; or for those developments, alterations or improvements for which the Town of New Castle does not require such permits, the actual commencement of the development, alteration or improvement.

(b)

Any development, alteration or improvement of lots located within the Millwood Center Area Design Plan Overlay District that are used exclusively for residential purposes and on which no nonresidential use is proposed to be established.

(3)

Conflicts with other zoning requirements. Where the provisions of the adopted Millwood Center Area Design Plan Overlay District are in conflict with any other requirement of this chapter, the provisions of the Millwood Center Area Design Plan Overlay District shall supersede those other requirements to the extent of such inconsistency.

Procedures and powers.

(1)

Approving authority. The approving authority for all applications required to be submitted pursuant to this section shall be as follows:

(a)

Notwithstanding any provisions of § 60-440 of this chapter to the contrary and except as set forth in Subsections (3) and (4) below, any regulated activity proposed on a lot in the Millwood Center Area Design Plan Overlay District shall require site plan approval from the Planning Board.

(b)

Any regulated activity involving new building construction shall also require review and approval by the Board of Architectural Review.

(c)

Any regulated activity involving modification of existing buildings shall also require review and approval by the Board of Architectural Review. Where these activities would not result in a change to the existing building footprint or the need for any site work, site plan approval from the Planning Board shall not be required.

(d)

Any regulated activity involving erection of new wall-mounted signs, modification of existing wall-mounted signs and/or modification of existing freestanding signs that does not include a change in the location of the freestanding sign or an increase in its dimensions shall require review and approval by the Board of Architectural Review only.

(e)

On applications on which both the Planning Board and Board of Architectural Review are approving authorities, the Planning Board will be the approving authority for determining compliance with the Streetscape Guidelines and the Site Design Guidelines, and the Board of Architectural Review will be the approving authority for determining compliance with the Signage Guidelines and the Architectural Guidelines.

(2)

Application procedures.

(a)

Upon receipt of a complete application involving a regulated activity on a lot in the Millwood Center Business Center Overlay District, the Building Department shall refer said application to the Planning Board and/or Board of Architectural Review as required. When review of both boards is required, such referral shall be made simultaneously.

(b)

When review of an application by the Planning Board and the Board of Architectural Review is required in accordance with the provisions of this section, such review shall be coordinated to the maximum extent practicable in accordance with the provisions of § 60-550H of this chapter.

(c)

In addition to any other plans and materials required to be submitted in connection with an application for site plan approval or an application for building permit approval, applications affecting lots in the Millwood Center Area Design Plan Overlay District shall also be accompanied by plans, elevations and/or any other information deemed necessary, in the opinion of the approving authority, to enable it to render a decision on the conformity of the proposed regulated activity with the provisions of the adopted Millwood Center Area Design Plan.

(d)

The application and any documents accompanying the application shall also be submitted in an electronic file format.

[Added 3-27-2012 by L.L. No. 1-2012]

Modification of requirements. Where the approving authority finds that, because of the special circumstances of a particular case, extraordinary hardship may result from strict compliance with the provisions of this subsection, it may modify such provisions, provided that any such modification is consistent with the spirit and intent of the Millwood Center Area Design Plan Overlay District, all Town ordinances, the Town Development Plan and the Official Map. In permitting any such modification, the approving authority shall attach such conditions as are, in its judgment, necessary to secure substantial compliance with the objective of the provision so modified.

Coordination with Zoning Board of Appeals. If the approving authority does not modify the provisions of this section as requested by or to the satisfaction of the applicant, the applicant may appeal to the Zoning Board of Appeals in accordance with the procedures contained in Town Code § 60-540. In the event that an application for an interpretation or variance is made in connection with a regulated activity as defined in this section, the Board of Appeals shall, within five days of receipt of such application, transmit a copy of the application to the approving authority for such regulated activity and shall notify said approving authority of the date on which a public hearing on such application for an interpretation or variance has been scheduled. Said approving authority may submit to the Board of Appeals an advisory opinion on such application.

§ 60-360 Office Park Retail Overlay District.

[Added 12-18-2014 by L.L. No. 2-2015; amended 6-14-2016 by L.L. No. 5-2016]

This Office Park Retail Overlay District zoning is intended to provide the opportunity for the development of a retail zoning district on a planned basis in the Town's only mapped B-R0-20 Research and Office Business District, ("Office Park District"), to be anchored by a full-service grocery store. Subject to the provisions of § 60-360.8.4B, the retail zoning district also shall include a fitness-related use or uses, together with retail uses that provide a complementary and mutually sustaining tenant mix, that are appropriate for the comfort and convenience of occupants in the underlying Office Park District and occupants and residents in the community, that will facilitate provision of daily needs, products and services such as groceries and basic retail in an otherwise underserved market area and that will support and enhance the Town's commercial real estate tax base. To further this intent with proper protection for existing development in the community, Office Park Retail Overlay Districts shall be established within Office Park Districts on a floating zone basis, subject to approval by the Town Board in each case, and in accordance with an approved preliminary development concept plan, as described and defined herein.

§ 60-360.1 Approval procedure.

[Added 12-18-2014 by L.L. No. 2-2015]

The zoning and planning approval of any Office Park Retail Overlay District and related project improvements shall involve a two-stage review process as follows:

Action by the Town Board either on its own initiative or on an application by or authorized by the owner(s) of the property as set forth in § 60-360.10:

(1)

Approval of a preliminary development concept plan.

(2)

Rezoning of a specific portion of the underlying Office Park District for development in accordance with that preliminary development concept plan.

Action by the Planning Board.

(1)

Approval of a final, detailed site development plan in accordance with an approved preliminary development concept plan.

(2)

If a part of the application and appropriate, approval of a subdivision plat and issuance of any environmental permit.

(3)

If determined to be appropriate by the Planning Board on its own initiative or on an application, approval of an integrated operations plan for the Office Park Retail Overlay District and the underlying Office Park District.

§ 60-360.2 Application to Town Board for zoning approval.

[Added 12-18-2014 by L.L. No. 2-2015]

Application by or authorized by the owner(s) for the establishment of an Office Park Retail Overlay District shall be submitted to the Town Board in 15 copies at a regularly scheduled meeting of Town Board. The application shall include at least the following items of information:

The names and addresses of the property owner(s), of the applicant (if other than the owner), and of the planner, engineer, architect, surveyor and/or other professionals engaged to work on the project.

If the applicant is not the owner of the property, authorization from the owner(s) to make the application as set forth in § 60-360.10.

A written statement (i) describing the nature of the proposed Office Park Retail Overlay District and project improvements, (ii) describing how the proposed district and improvements are designed to serve the purposes of this chapter, (iii) describing how the proposed district and improvements are consistent with or vary from the Town Development Plan, (iv) analyzing the relationship of the proposed district and improvements with immediately adjoining properties, other uses and improvements in the underlying Office Park District and the broader community, (v) analyzing the availability and adequacy of utilities to serve the proposed district, (vi) analyzing the safety and capacity of the street system in the area in relation to the anticipated traffic generation, and (vii) presenting such other information as may be required by law or determined necessary by the Town Board or Planning Board to properly enable them to review and decide upon the application.

A written statement of the proposed method of ownership and maintenance of all common utilities, facilities, and developed and unimproved lands within the proposed Office Park Retail Overlay District.

A preliminary development concept plan for the proposed Office Park Retail Overlay District and project improvements, drawn to a convenient scale and including the following items of information:

(1)

The area of the property in both acres and square feet in the proposed Office Park Retail Overlay District and in the underlying Office Park District.

(2)

The floor area in square feet of each floor in each building proposed in the proposed Office Park Retail Overlay District and of each building proposed or existing in the underlying Office Park District.

(3)

A map of existing terrain conditions in the proposed Office Park Retail Overlay District, including topography with a vertical contour interval of no more than two feet, identification of soil types (including wetlands), existing drainage features, major rock outcroppings, the extent of existing wooded areas and other significant vegetation, existing stone walls, etc.

(4)

A site location sketch indicating the location of the proposed Office Park Retail Overlay District and project improvements with respect to neighboring streets and properties, including the names of all owners of property within 500 feet of the underlying Office Park District, showing the existing zoning of the property, and showing the location of all zoning district boundaries in the surrounding area.

(5)

A preliminary site development plan for the proposed Office Park Retail Overlay District and project improvements indicating the approximate location, footprint, height, and design of all buildings, the approximate floor plate of each retail use, the arrangement of parking areas and access drives, and the general nature and location of other proposed site improvements, including landscaping and screening, the storm drainage system, water and sewer connections, etc.

(6)

A description of the retail uses proposed for the Office Park Retail Overlay District, their complementary and mutually sustaining characteristics, their appropriateness for the comfort and convenience of occupants in the underlying Office Park District and occupants and residents in the community, and the manner in which they will provide products and services in an otherwise underserved market area.

(7)

A generalized time schedule for the staging and completion of the proposed project improvements.

(8)

An application fee in an amount as set forth by resolution of the Town Board in the Master Fee Schedule, which may be amended.

If required by the Town Board or the Planning Board, as the case may be, for purposes of better illustrating or understanding the applicant's proposal, a three-dimensional scale model of the proposed Office Park Retail Overlay District's terrain and proposed improvements, in part or in its entirety, at a scale acceptable to the Board.

§ 60-360.3 Referral to Planning Board and Architectural Board of Review.

[Added 12-18-2014 by L.L. No. 2-2015]

Upon receipt of a properly completed application for establishment of an Office Park Retail Overlay District, eight copies of the application shall be referred to the Planning Board for review and report and five copies of the application shall be referred to the Architectural Board of Review for review and report. Within 65 days of the date of the Planning Board meeting at which such referral is received, the Planning Board shall make its report to the Town Board, and within 65 days of the date on which such referral is filed with the Secretary of the Architectural Board of Review, the Architectural Board of Review shall make its report to the Town Board. No action shall be taken by the Town Board until the later of (i) the earlier of the Town Board's receipt of the Planning Board report or the expiration of the Planning Board sixty-five-day review period, or (ii) the earlier of the Town Board's receipt of the Architectural Board of Review report or the expiration of the Architectural Board of Review sixty-five-day review period. Either or both of said review periods may be extended by resolution of the Town Board. Notwithstanding the foregoing, in the event that the Town Board has, prior to the effective date of this section, (i) referred a proposed preliminary development concept plan for the establishment of an Office Park Retail Overlay District to the Planning Board and Architectural Board of Review for review and report by those respective boards pursuant to § 60-600 or otherwise, (ii) received and duly considered the comments and recommendations in such reports, and (iii) determined, in its sole discretion, that the applicant's preliminary development concept plan is satisfactory in form and content, then the Town Board may resolve to waive further referrals to said boards pursuant to this § 60-360.3.

§ 60-360.4 Planning Board and Architectural Board of Review reports.

[Added 12-18-2014 by L.L. No. 2-2015]

Planning Board report. The Planning Board, in its report to the Town Board, shall take into consideration the policies of the Town Development Plan, the existing nature and arrangement of land uses in the area, the relationship of the proposed design and location of improvements in the proposed Office Park Retail Overlay District to one another and to any proposed and existing improvements in the underlying Office Park District, traffic circulation into, out of, and within the proposed Office Park Retail Overlay District and into, out of, and within the underlying Office Park District, the adequacy of available utilities to service the proposed development, compliance of the proposed project improvements with the standards and requirements of this chapter without regard to this section, as well as existing land use and environmental regulations in the Town Code, including but not limited to wetlands and steep slope protection and tree removal, the then current need for such retail uses to serve the uses and occupants of the underlying Office Park District and the uses and occupants and residents of the existing nearby neighborhoods and in the target market area, the relationship of the project to the community character of the Town of New Castle, and other factors appropriately related to the purpose and intent of this section and the Town Code.

Architectural Board of Review report. The Architectural Board of Review, in its report to the Town Board, shall take into consideration the relationship of the proposed architectural design and location of improvements in the proposed Office Park Retail Overlay District to one another, to any proposed and existing improvements in the underlying Office Park District, and to any existing improvements in the area, the purposes and criteria set forth in § 60-550 of this chapter, the Design Guidelines set forth in § 60-360.8.5 of this chapter, and other factors appropriately related to the purpose and intent of this section and the Town Code.

§ 60-360.5 Town Board public hearing.

[Added 12-18-2014 by L.L. No. 2-2015]

Within 45 days of the later of (i) the earlier of the Town Board's receipt of the Planning Board report or the expiration of the Planning Board sixty-five-day review period or (ii) the earlier of the Town Board's receipt of the Architectural Board of Review report or the expiration of the Architectural Board of Review sixty-five-day review period, the Town Board shall schedule and open a public hearing on the Office Park Retail Overlay District application with the same notice as prescribed by law for zoning amendments.

§ 60-360.6 Town Board action.

[Added 12-18-2014 by L.L. No. 2-2015]

Within 45 days of the later of the date that the public hearing is closed or that all action required under the State Environmental Quality Review Act as a prerequisite to Town Board action has been taken, the Town Board shall act to approve, approve with modifications, or disapprove the preliminary development concept plan and the establishment of the Office Park Retail Overlay District. Said period may be extended by resolution of the Town Board. Approval or approval with modifications is required for and shall be deemed to authorize the applicant to proceed with the detailed design of the proposed project improvements in accordance with such concept plan and the subsequent procedures and requirements of this section. A copy of the resolution containing the Town Board's decision shall be forwarded to the Planning Board and to the applicant. A copy shall also be placed on file in the office of the Town Clerk and, if in the form of an approval, the official copy of the Town Zoning Map shall be amended accordingly.

Approval of establishment of an Office Park Retail Overlay District shall expire within 12 months of the date of Town Board approval if the applicant has not applied for and received site development plan approval and final subdivision plat approval, if appropriate, from the Planning Board in accordance with the requirements of this chapter and unless work on the site is begun within 18 months of Town Board approval and is being prosecuted to conclusion with reasonable diligence. The Town Board, upon request of the applicant, may extend either or both of the above time periods by resolution in increments of not more than six months each time that an extension is granted.

In the event of an expiration of approval, the Office Park Retail Overlay District shall automatically be removed from the subject property, such property shall revert to its underlying Office Park District zoning classification, and the Town Clerk shall amend the official copy of the Zoning Map accordingly.

§ 60-360.7 Final site development plan approval by Planning Board.

[Added 12-18-2014 by L.L. No. 2-2015]

No earthwork, land clearing, construction, or development shall take place within an Office Park Retail Overlay District except in accordance with a site development plan approved by the Planning Board in accordance with this chapter and with the procedures and standards for site development plan approval as set forth in § 60-440 of this chapter.

Where a proposed Office Park Retail Overlay District development also involves any subdivision or resubdivision of land, no development may proceed until the Planning Board has granted final subdivision approval in accordance with the standards and procedures of the Land Subdivision Regulations, Chapter 113 of this Code, and the final plat has been filed in the Westchester County Clerk's Office, Land Records Division.

§ 60-360.8 Development standards.

[Added 12-18-2014 by L.L. No. 2-2015]

Development within an Office Park Retail Overlay District shall be governed by the same standards as apply to development in the underlying Office Park District without regard to the Office Park Retail Overlay District, except as modified below.

§ 60-360.8.1 Location.

[Added 12-18-2014 by L.L. No. 2-2015]

The establishment of an Office Park Retail Overlay District shall be permitted only within an Office Park District.

§ 60-360.8.2 Maximum size.

[Added 12-18-2014 by L.L. No. 2-2015]

The maximum site size of an Office Park Retail Overlay District shall be 35% of the size of the underlying Office Park District.

§ 60-360.8.3 Floor areas.

[Added 12-18-2014 by L.L. No. 2-2015; amended 12-15-2015 by L.L. No. 14-2015; 6-14-2016 by L.L. No. 5-2016; 12-17-2019 by L.L. No. 15-2019]

The maximum aggregate floor area in an Office Park Retail Overlay District shall not exceed 120,000 square feet, and the maximum occupied aggregate floor area in the nonoverlay portion of the Office Park District for all uses other than AFFH model ordinance[1] units shall not exceed 500,000 square feet.

[1]

Editor's Note: See § 60-220.

The floor area of accessory structures used by a full-service grocery store, as required by § 60-360.8.4, and other retail uses, including but not limited to a shed or other structure, shall be counted toward the maximum aggregate floor area permitted in the Office Park Retail Overlay District.

The minimum floor area occupied by a single use in an Office Park Retail Overlay District shall be 1,500 square feet, except that no more than three tenants will be permitted to occupy more than 1,000 square feet, but less than 1,500 square feet. Other than the full-service grocery store required by § 60-360.8.4 and indoor fitness-related use(s), the maximum floor area occupied by a single use in the Office Park Retail Overlay District shall not exceed 18,000 square feet.

§ 60-360.8.4 Required uses.

[Added 12-18-2014 by L.L. No. 2-2015; amended 6-14-2016 by L.L. No. 5-2016]

Any Office Park Retail Overlay District must provide space for (i) a full-service grocery store occupying at least 30,000 square feet but not more than 45,000 square feet, and (ii) an indoor health- or fitness-related use or uses, such as an athletic, tennis, squash, swim, health or fitness club; yoga, dance, Pilates, CrossFit, cycling or other exercise studio, wellness center or day spa; or similar commercial health-, recreation- or fitness-related use or uses, occupying at least 25,000 square feet.

Notwithstanding the provisions set forth in §§ 60-360 and 60-360.8.4A(ii) establishing a minimum occupancy requirement of 25,000 square feet for indoor health or fitness uses, this square footage requirement shall be reduced upon a showing to the Town Board's reasonable satisfaction, no earlier than three years after issuance of a certificate of occupancy for 25,000 square feet of health or fitness uses, that any single fitness tenant occupying such required minimum 25,000 square feet ("single fitness tenant") has ceased operating said fitness use due to its inability to maintain an economically sustainable business and thereafter has made a good faith effort for not less than six months after said three-year period to re-lease such space to other health or fitness tenants in an effort to meet the minimum occupancy requirement of 25,000 square feet, with such reduction being in the minimum amount shown to be warranted by the aforementioned good faith effort to meet the minimum occupancy requirement of 25,000 square feet, and with such reduction, not to include any existing and operational health or fitness tenant occupying less than 25,000 square feet.

For any application made pursuant to § 60-360.8.4B seeking a reduction of the minimum occupancy requirement of 25,000 square feet for indoor health or fitness uses, the following procedures and requirements shall apply:

(1)

The applicant shall demonstrate that it engaged a licensed real estate brokerage firm with (a) a national footprint of locations, (b) a local office within 50 miles of New Castle, and (c) at least 50 licensed brokers under its employ, to undertake the requisite good faith effort continuing for not less than six months to re-lease, in whole or in part, the space vacated by the single fitness tenant;

(2)

The applicant shall demonstrate that it implemented a marketing and leasing campaign for a continuous period of not less than six months, which campaign included, without limitation, (a) advertising in both print and online media, (b) attending industry trade shows, (c) signage (subject to applicable law), and (d) mailings;

(3)

The applicant shall furnish verifiable proof that it contacted all health and/or fitness operators with multistate locations, as well as locations occupying more than 5,000 square feet and situated within 10 miles of the OPROD, regarding the availability of the space vacated by the single fitness tenant and provided said operators with marketing materials relating to the space;

(4)

The applicant shall demonstrate that throughout the aforementioned six-month marketing and leasing campaign, the asking rent for the space vacated by the single fitness tenant was not greater than rent charged by comparable premises within 10 miles of the space in question, and in no event greater than the current rent obligation set forth in the lease of the single fitness tenant; and

(5)

The applicant must agree to pay any financial obligations arising from the sublease of the space vacated by the single fitness tenant, including but not limited to brokerage commissions, and any free rent or tenant improvement allowance(s).

§ 60-360.8.5 Site planning and design guidelines.

[Added 12-18-2014 by L.L. No. 2-2015]

Site planning. Where an Office Park Retail Overlay District is sought to be established on property presently used or approved for a mix of office and residential uses, a site plan for the proposed future mixed use of the entire property shall be submitted and approved as a condition of preliminary development concept plan approval. Such site plan shall conform with the design and conditions, if any, of the approved PDCP and, to the greatest extent practicable, incorporate Traditional Neighborhood Design (TND) principles and standards intended to diversify and integrate land uses within close proximity to each other, and provide for recreational and shopping needs of the community. TND elements include, but are not limited to:

(1)

A mix of uses that could include residential, retail, commercial, civic, and open spaces uses in close proximity to one another, jointed together as a two-sided "main street" environment, with open store fronts onto the "main street" and located in close proximity to adjacent residential development. Such a "main street" is to be a two-lane limited distance thoroughfare, providing for such uses as mixed-use retail, commercial and civic. Sidewalks should include street trees, pedestrian scale lighting and "main street" amenities such as benches and bicycle racks.

(2)

A system of relatively narrow, interconnected streets, roads, drives, and other thoroughfare types with sidewalks and bikeways, that offer multiple routes for motorists, pedestrians, and bicyclists and provides for the connections of those thoroughfare types to existing and future development.

(3)

Compatibility of buildings and other improvements as determined by their arrangement, bulk, form, character and landscaping to establish a harmonious environment.

(4)

Coordination of transportation systems with a hierarchy of appropriately designed facilities for pedestrians, bicycles, and vehicles.

(5)

Well-configured squares, plazas, greens, landscaped streets, preserves, greenbelts and parks woven into the pattern of the neighborhood which are landscaped and furnished to serve the public's active and passive recreation needs.

(6)

Architecture, landscape, lighting and signage that respond to the unique character of the site.

(7)

Parallel parking may be placed on the "main street." Parking lots placed directly fronting a street should be avoided. If unavoidable, they should be screened. Off-street parking between building fronts and the street should be avoided.

The preliminary location and design of buildings and improvements in the Office Park Retail Overlay District shall be included as part of the preliminary development concept plan for the Office Park Retail Overlay District and approved by the Town Board as part of its approval of the preliminary development concept plan.

Design of buildings and other improvements and architecture in an Office Park Retail Overlay District shall be consistent with and complement one another and the design of the other buildings and improvements in the balance of the underlying Office Park District and otherwise consistent with the following guidelines:

(1)

The historic architectural character and iconic features of existing buildings should be preserved and/or respected in any proposed adaptive re-use.

(2)

Visual harmony and unity should be achieved by the use of similar building materials, forms, colors, and scale in the Office Park Retail Overlay District as are found in the underlying Office Park District.

(a)

Standard brick, as opposed to concrete block or siding, should be used.

(b)

Large areas of unbroken materials such as stucco, paneling, stone, glass, or plastic should not be used generally.

(c)

Windows generally should be broken into smaller elements by vertical and horizontal mullions.

(d)

Window awnings and trim should be of the same or complementary color to visually unify the buildings and uses.

(3)

Mechanical equipment such as condensers, satellite dishes and other antennas, and solar energy collector panels should be mounted or screened in such a way as to conceal them from view at the street level.

(4)

Utility service lines should be underground to all buildings and decorative street lights, and vaults for underground utilities should be installed as part of any sidewalk construction, even if the vaults are not to be used initially.

(5)

All dumpster and trash storage areas should be enclosed or screened from view with a fence and secure gate.

§ 60-360.8.6 Signage.

[Added 12-18-2014 by L.L. No. 2-2015]

Signage in an Office Park Retail Overlay District shall:

(1)

Further the objectives set forth in § 60-410D(1) through (8) of this chapter, and comply with the standards of general applicability within § 60-410D of this chapter, unless otherwise provided herein, but shall not be subject to the standards set forth in § 60-410D(13) of this chapter.

(2)

Be consistent with the design and presentation of the buildings and improvements in the Office Park Retail Overlay District and in the underlying Office Park District and with the following guidelines:

(a)

Relationship to buildings:

[1]

Signs should be designed in careful consideration of their architectural context. They should relate in color and style to the others in the Office Park Retail Overlay District and in the underlying Office Park District. They should not cover architectural features such as columns, cornices, decorative elements, or windows.

[2]

The location for display of signs should be an integral part of the architecture of a building.

(b)

Signs should be of a scale that gives due regard to the character of the surrounding neighborhoods and still is in keeping with the visual environment of the underlying Office Park District and the Office Park Retail Overlay District.

(c)

The color intensity of all signs should be consistent with the colors used in the Office Park Retail Overlay District and the underlying Office Park Retail Overlay District.

(d)

Illumination of signs in the Office Park Retail Overlay District shall be permitted subject to the following:

[1]

Signage visible to or adjoining residential areas to be designed with directional lighting, so as not to shed light on residential properties.

[2]

No flashing, rotating, or intermittent illumination shall be permitted.

[3]

Hours of illumination of signage adjoining residential areas shall be limited to not later than the close of business for the establishment displaying the illuminated sign.

[4]

Interior illumination of a sign shall not be permitted unless such illumination is confined to the sign's lettering and/or symbols, except that the illumination of the background area of a sign with interior illumination may be permitted, provided that the applicant can demonstrate to the satisfaction of the approving authority that such lighting will not result in a level of illumination or glare such that the sign may cause a distraction to motorists or negatively impact surrounding properties. Where interior illumination of a sign's background materials is sought, the applicant shall bear the burden of proof of demonstrating compliance with the above standards.

[5]

Illuminated sign bands, and illuminated traffic directional signs with retail tenant names within parking lots and internal drives, shall be permitted where conceptually approved by the Town Board in the preliminary development concept plan or by separate resolution, or by the Planning Board in its site development plan approval.

(e)

Sign types:

[1]

All uses should be required to display a sign identifying the name of their business.

[2]

Signs depicting types of use(s) in graphic form are encouraged and should be either affixed to or hung on the buildings to add visual interest to the shopping environment.

[3]

Either a bracket sign or a wall sign should be permitted for any use.

(3)

A conceptual signage plan shall be part of the preliminary development concept plan for the Office Park Retail Overlay District, but final approval of signage shall be part of the Planning Board's site development plan approval.

(4)

After the Planning Board's approval of signage as part its site development plan approval, changes in sign design, color, and style in the Office Park Retail Overlay District shall be subject to review and approval by the Board of Architectural Review in accordance with this section, the preliminary development concept plan, and the procedures and standards set forth in § 60-550 of this chapter.

§ 60-360.8.7 Parking and loading standards.

[Added 12-18-2014 by L.L. No. 2-2015]

Except as otherwise set forth below, the standards of § 60-420F(3) of this chapter shall apply to each improvement and use in an Office Park Retail Overlay District.

The otherwise applicable requirements of § 60-420F(3) of this chapter may be reduced by the Town Board as part of the preliminary development concept plan for the Office Park Retail Overlay District if the Town Board finds and determines that the capacity of on-site parking is sufficient to meet the demands of the retail uses or that it will be sufficient by reason of the provision of nonreserved parking spaces and variation in the probable time of maximum use by visitors, patrons, and employees of such use(s) and the availability of other parking spaces in the balance of the underlying Office Park District, but:

(1)

The Town Board may require a parking accumulation study to be prepared to demonstrate that sufficient parking spaces exist so that no overflow parking is likely to occur in any street, or to support any reduction in parking granted by the Town Board below the otherwise applicable requirements of § 60-420F(3) of this chapter.

(2)

At no time shall the aggregate parking requirement for the Office Park Retail Overlay District be reduced to less than five parking spaces per 1,000 square feet of floor area.

Any change in use of more than 10,000 square feet of floor area in an Office Park Retail Overlay District shall require:

(1)

If land banked parking spaces are available, either:

(a)

Submission of a parking accumulation study to the Planning Board, and if the Planning Board determines on the basis thereof that additional parking spaces are required to accommodate the demand of the new use, then land banked spaces must be made available for use.

(b)

Amendment or reapproval of the preliminary development concept plan by the Town Board in accordance with this section.

(2)

If land banked parking spaces are not available, amendment of the preliminary development concept plan by the Town Board in accordance with this section.

(3)

If determined to be necessary by the Town Board or Planning Board, as applicable, an owners' agreement for the integrated operation of the site, or an amendment to such existing owners' agreement, shall be required and shall be in writing in recordable form satisfactory to the Town Attorney.

§ 60-360.8.8 Site characteristics.

[Added 12-18-2014 by L.L. No. 2-2015]

The shape, dimension, topography, and location of any Office Park Retail Overlay District must allow for an appropriate and attractive development with building placements and site amenities that encourage pedestrian movement between buildings and uses. Robust and substantial screening and buffer areas shall be created and maintained to ensure a harmonious relationship with adjoining land uses and the natural physical terrain. The Planning Board shall require measures that advance these goals to the greatest extent practicable during the site plan process.

§ 60-360.9 Operational characteristics.

[Added 12-18-2014 by L.L. No. 2-2015]

Hours of operation of the uses in an Office Park Retail Overlay District, as well as illumination of buildings, signs, parking lots, and other exterior features in an Office Park Retail Overlay District may be fixed by the Planning Board during its review and approval of the site development plan.

§ 60-360.10 Ownership.

[Added 12-18-2014 by L.L. No. 2-2015]

The property in a proposed Office Park Retail Overlay District may be owned by one or more persons, organizations, or entities but shall be presented as a single parcel of land with integrated site operations at the time application for rezoning is made. The application shall be jointly authorized or filed by all owners and, if approved, shall be jointly binding on them. An owners' agreement for integrated operation of the site shall be confirmed by written agreement, in recordable form satisfactory to the Town Attorney.

§ 60-360.11 Conflicts with other zoning requirements.

[Added 12-18-2014 by L.L. No. 2-2015]

In approval of a preliminary development concept plan under § 60-360 et seq., the Town Board may vary the bulk and area zoning requirements that would otherwise apply under any other provision of this chapter.

If any provision of § 60-360 et seq., Office Park Retail Overlay District, conflicts with any other requirement of this chapter, the Office Park Retail Overlay District provision shall supersede that other requirement to the extent of such inconsistency.

§ 60-360.12 Green building standards.

[Added 12-18-2014 by L.L. No. 2-2015]

The provisions set forth in Chapter 74 of the Town Code relating to the incorporation of green building measures in the design, construction and maintenance of buildings that minimize short-term and long-term negative impacts on the environment shall be applicable within an Office Park Retail Overlay District.