[Added 9-8-2008 by L.L. No. 4-2008]
The Town Council of the Town of Orangetown (hereinafter sometimes referred to as the "Town Board" or the "Town") determines that the title of this local law shall be "Article XIV: Sparkill Hamlet Center Overlay Zoning District."
This local law is designed to provide and to implement a zoning
and land use policy that harmonizes with the Town's overall Comprehensive/Master
Plan that furthers the purposes set forth in Article 16 of the Town
Law of the State of New York for the protection and promotion of the
health, safety, comfort, convenience, prosperity and general welfare
of the Town, while, at the same time, promoting orderly and controlled
development and land use within the Sparkill Hamlet Center Overlay
Zoning District (hereinafter sometimes referred to as "the Sparkill
Overlay District"), yet also preserving and enhancing the Sparkill
Overlay District's existing distinctive features, attributes and characteristics,
especially its uniqueness, charm, quaint character and scenic qualities,
including, but not limited to, the following legislative goals:
A.
Encouraging an orderly pattern of residential development around
and/or above existing or new businesses.
B.
Providing and/or facilitating adequate, safe and convenient access
to and provisions for motor vehicle parking, including the furnishing
of adequate off-street parking spaces.
C.
Protecting and conserving the value of land and the value of buildings
appropriate to the Sparkill Overlay District.
D.
Guiding future development in accordance with a plan of land use
that advances the economic, social, and aesthetic advantages of orderly
development through harmonious groupings of compatible and complementary
land uses and the application of appropriate development standards,
so that the Sparkill Overlay District may realize its potentialities
as a place to live and to work.
The Sparkill Overlay District is a zoning district, enumerated in § 2.1, Establishment of districts, of Chapter 43, Zoning, of the Code of the Town of Orangetown, which is a zoned district that overlays other zoning districts enumerated in the Zoning Code. The Sparkill Overlay District regulations apply to all land use applications for which any portion of the subject property is located within the Sparkill Overlay District as delineated on the Sparkill Overlay District Map and as described in § 2.2 (i.e., the Zoning Map) of Chapter 43, Zoning. Such properties are specifically designated on the Sparkill Overlay District Map attached to and made a part of this local law,[1] and are described in § 2.2 (i.e., the Zoning Map) of Chapter 43, Zoning, of the Code of the Town of Orangetown. The standards of the Sparkill Overlay District shall apply in addition to those of the underlying zoning district, which Sparkill Overlay District standards prescribe additional land development regulations that supplement the relevant provisions of the underlying zoning district. No building or structure shall be erected, enlarged, or relocated and no building, structure or premises shall be built in the Sparkill Overlay District except in compliance with the provisions of this article XIV and/or the underlying zoning district, and then only after securing all required permits and licenses.
[1]
Editor's Note: Said map is on file in the Town offices.
Any structure, legally preexisting as of the effective date of this local law and located within the Sparkill Overlay District, which shall be damaged or destroyed by flood, fire or other natural disaster shall not be held to the requirements of this article XIV, subject, however, to the provisions of Article IX, Nonconforming Use and Nonconforming Bulk Regulation, of this chapter 43. Any building, structure, or use which is lawfully existing within the Sparkill Overlay District at the time of passage of this article XIV of the Zoning Code, although not in compliance therewith, may be maintained as provided in Article IX, Nonconforming Use and Nonconforming Bulk Regulations, of this chapter 43.
A.
Permitted uses. In addition to all other permissible uses allowed
in the underlying zoning district, the following uses are permitted:
(1)
Dwelling units may only be located above a legally permissible
nonresidential unit (i.e., commercial or business).
B.
Unit design requirements.
(1)
No dwelling unit shall contain more than two bedrooms, and only
a bedroom shall be used for sleeping purposes. The maximum square
footage of any bedroom cannot exceed 150 square feet, excluding floor
area of closet space consisting entirely of and utilized exclusively
for the storage of clothing, apparel, linens, personal belongings
or household supplies and not containing any windows, sinks/basins
or toilets.
(2)
No other habitable space shall be converted or used for sleeping
purposes.
(3)
Efficiency dwelling units shall not be permitted. For purposes of this article XIV, "efficiency dwelling unit" shall mean a dwelling unit that has no floor-to-ceiling wall separations, with full operating doors, separating the different types of room areas functioning as a kitchen, dining room, living room and bedroom.
(4)
No dwelling unit shall be greater than 1,200 square feet in
total gross floor area.
(5)
A nonresidential use (e.g., commercial or business) is prohibited
above a floor or space containing a dwelling unit or residential use.
The main entrance for a nonresidential use shall face the street side
of the property.
(6)
Building height restrictions. A dwelling unit on an upper (e.g.,
third) floor may be located above another dwelling unit on a lower
(e.g., second) floor so long as the ground or street-level unit (e.g.,
first floor) is only occupied as a nonresidential use (i.e., commercial
or business). This shall only apply to existing structures that contain
an existing third story.
(7)
A separate, suitable, safe, direct and attractive means of access
shall be provided to each dwelling unit for pedestrian use. Said means
of access shall not pass through any other units (commercial/business
or residential) located in the same building.
(8)
Each dwelling unit shall be equipped with full kitchen facilities.
(9)
Balconies for dwelling units shall be permitted.
C.
Nonresidential use impacts. The nonresidential use on the ground
or street level of the building shall not create any odor, dust, fumes,
smoke, gas, vibration, light, noise or similar condition which is
deemed to be a hazard to the residential use located above.
D.
Bulk or area regulations and other conditions.
(1)
Setbacks. Designs and layouts must enhance the pedestrian atmosphere
of the Sparkill Overlay District and must be compatible with the building
context of the underlying zoning district and areas adjacent to the
proposed site, including building setbacks to maintain the contextual
streetscapes. Building context shall be determined by the Town Board
through the review of actual dimensions (lot and bulk) of adjacent
buildings and buildings across the street from the proposed special
permit use site. The scale of the building's height and mass shall
harmonize with the existing buildings within the Sparkill Overlay
District.
(2)
Parking. The Town Board, in its discretion, may modify the underlying
zoning district's (e.g., CS District's) off-street/on-site parking
requirements as part of its consideration of the special permit use
application, to ensure that suitable and adequate parking shall be
conveniently located and readily accessible to the occupants and visitors
of the proposed special permit use site. The availability of nearby
public parking areas may be taken into account by the Town Board in
its consideration of modifying the parking requirements. Parking shall
not be permitted between the front lot line and the building line
(facade) for new construction, which area, if any, shall be landscaped.
Existing off-street/on-site parking spaces between the special permit
use building and the front lot line shall be relocated wherever possible;
where not possible, said parking shall be separated from the street
by stone walls, opaque fencing and/or landscaped berms or hedges,
as determined by the Town Board.
(3)
Lighting. Artificial lighting of the proposed special permit
use site shall provide the minimum illumination necessary for the
convenience and safety of the occupants and visitors. A lighting plan
shall be submitted as part of the special use permit application.
This may be part of the conceptual site development plan or a separate
drawing or plan.
(4)
Signage. Signage shall comply with the regulations of the CS
Zoning District. The sign wall area shall constitute the commercial
wall area only for purposes of calculating sign area.
E.
Building type: mixed use consisting of dwelling/residential unit(s)
above nonresidential (i.e., commercial or business) use(s).
F.
Lot, bulk/area and parking requirements.
(1)
Minimum lot area: 2,500 square feet.
(2)
Maximum floor area ratio: 1.0.
(3)
Maximum building height: not to exceed two stories, and not
to exceed 30 feet to the roof ridge or parapet.
(4)
Minimum front yard setback: zero feet or 25 feet.
(5)
Minimum side yard setback (each side yard): zero feet or 15
feet. The Planning Board of the Town of Orangetown (hereinafter "Planning
Board"), in its discretion, may modify the minimum side yard setback
so long as and provided that any such modification does not compromise
and is consistent with advancing public safety, health and welfare,
including, but not limited to, ensuring emergency vehicular access.
(6)
Minimum total side yard: 15 feet. The Planning Board, in its
discretion, may modify the minimum total side yard setbacks so long
as and provided that any such modification does not compromise and
is consistent with advancing public safety, health and welfare, including,
but not limited to, ensuring emergency vehicular access.
(7)
Minimum rear yard setback: 25 feet.
(8)
Minimum street frontage: 25 feet.
(9)
Minimum off-street/on-site parking: 1 1/2 spaces per one-bedroom
dwelling unit; two spaces per two-bedroom dwelling unit; one space
per 300 square feet of retail, commercial or business space (except
for restaurants and food service establishments); one space per 200
square feet of restaurant space or food service establishment space.
G.
Application for Sparkill Overlay District special permit use. Application
for a Sparkill Overlay District special permit use shall be made to
the Town Board in a form sufficient to enable the Town to evaluate
the applicant's proposal and its consistency with the intent, purposes
and general design standards and regulations set forth herein, which
application, at minimum, shall include and be accompanied by the following:
(1)
A written description of the proposed development.
(2)
Photographs of the real property seeking the special permit
use, adjacent properties and properties across the street.
(3)
Conceptual architectural plans, including:
(a)
Delineation of residential areas indicating the number of dwelling
units.
(b)
Square footage and number of bedrooms, by each housing type.
(c)
Sample floor plans for each unit type.
(d)
Delineation of nonresidential areas and use.
(e)
Square footage for nonresidential uses.
(f)
Building height.
(g)
Signage (if applicable).
(4)
A conceptual site development plan showing parking areas, access
driveways, building setbacks, loading areas, dumpster locations, signage
and lighting fixtures.
H.
Town Board review. The Town Board may retain professional consultants
as it may deem necessary in order to review any proposed overlay district
special permit use application, which payment, remuneration and/or
funding for said consultants shall be the responsibility of the applicant
for the overlay district special permit use through the establishment
of an escrow account with the Town. The amount of said escrow shall
be determined by the Town Board in consultation with the applicant.
