[Added 11-3-2004 by L.L. No. 48-2004]
The intent of the Downtown Center 4: Office/Residential Transition
(DC-4) Zoning Use District is to allow, maintain, and foster a downtown
neighborhood of homes and offices that is less intensive than the
Downtown Center 1: Main Street (DC-1) and Downtown Center 3: Office
(DC-3) Zoning Use Districts. The DC-4 Zoning Use District does not
allow for any retail or personal services.
In the DC-4 Zoning Use District, no building, structure, or
premises shall be used or arranged or designed to be used, and no
building or structure shall be hereafter erected, reconstructed, or
altered, unless otherwise provided in this chapter, except for the
following permitted uses or specially permitted uses and their customary
accessory uses:
A.
No buildings shall be erected nor any lot or land area utilized unless
in conformity with the Zoning Schedule[1] incorporated into this chapter by reference and made a
part hereof with the same force and effect as if such requirements
were herein set forth in full as specified in said schedule, except
as may be hereafter specifically modified.
[1]
Editor's Note: The Zoning Schedule is included as an attachment to this chapter.
B.
New buildings in the Downtown Center Zoning Use Districts shall comply
with the lot, yard, bulk, and height requirements of the Zoning Schedule.
However, the Town Board shall have discretion during site plan approval
to increase front yard setbacks based on the existing setbacks of
adjacent structures, so as to maintain a unified street wall pattern.
C.
Exemptions. Bay windows, unenclosed porches, and other front and
side projections shall be exempt from the calculation of building
area, so as to encourage a variety in facade design. However, such
projections shall be required to meet the setback requirements of
the Zoning Schedule.
[Amended 5-5-2009 by L.L. No. 24-2009]
The design standards and parking standards listed in the provisions
below (Subsections A and B of this section) are intended as a guide
or measure for improvements in parcels in this zoning district, and
the word "shall" recited in the provisions below, with the exception
of Subsection B(1) which requires adherence to the Parking Schedule,
is intended to obtain compliance with the provisions to the extent
practicable as determined by the Board responsible for review.
A.
Design standards.
(1)
The principal building entrance and front shall face the primary
street frontage and sidewalk.
(2)
Building shape, massing, and siting should reflect the prevalent
character of surrounding buildings on the block, while allowing for
freedom of architectural style.
(3)
Where shade is desired for commercial buildings, awnings are
encouraged. Windows may not be obscured more than 20% by opaque banners,
or either permanent or temporary advertisements or signs.
(4)
Front porches are encouraged for all entries. Porches, where
provided, shall have minimum dimensions of eight feet in depth and
15 feet in width.
(5)
Signage in the DC-4 Zoning Use District shall be provided in accordance with Article XLVIII, Signs, of this chapter.
(6)
Buffering and transitions.
(a)
Trash and/or dumpster areas shall be screened by wood fences or landscaping, or a combination thereof, pursuant to § 245-8.
(b)
Buffer plantings or landscaping or opaque fences, preferably
wood fences, shall be provided between commercial businesses and adjoining
residential uses.
(c)
Deliveries and loading activities shall, to the extent possible,
be restricted to the hours between 8:00 a.m. and 5:00 p.m. on weekdays.
B.
Parking standards.
(1)
The number of off-street parking spaces in the DC-4 Zoning Use District shall be provided in accordance with § 301-231, Off-street parking.
(2)
Where credible evidence is provided by traffic counts or data
by a licensed traffic engineer, up to a twenty-percent reduction in
off-street parking may be permitted for shared parking, where the
peak parking of two or more uses occurs at different times.
(3)
The parking requirement may be reduced with payment of a fee in lieu of providing off-street parking as provided for in § 301-231.
(4)
Structured parking is prohibited in the DC-4 Zoning Use District.
Attached or freestanding garages are permitted for residential use.
(5)
Off-street parking shall not be permitted in the front yard.
Parking shall be sited to the rear of buildings, away from street
frontage(s) when possible, or to the side of buildings. In all cases,
garages and parking areas shall be recessed at least five feet from
the primary front facade plane of the main building, and at least
15 feet back from the front property line.
(6)
Curb cuts to parking lots shall be minimized by sharing driveways
for access to adjacent parking lots. However, curb cuts and driveways
are prohibited along the front property line for properties less than
30 feet in width; in these situations, parking must be accessed from
a rear alley, side street, or shared rear lot.
(7)
In order to soften the appearance of parking lots, parking lots
shall be landscaped with ground cover, grasses or low shrubs for at
least 15% of their land area.
(8)
In order to provide shade, parking lots with 21 or more spaces
shall have "orchard" planting: one tree per 10 off-street spaces.
Such trees shall be spread throughout the parking lot and along the
edges.
(9)
In order to provide recharge of the groundwater basin and minimize
runoff into water bodies, at least one of the following stormwater
management techniques shall be used in parking lots where underlying
soils support infiltration of precipitation to the groundwater:
(a)
Where sanding and salting are not used in the winter, low-traffic
or seasonal parking overflow areas of the parking lot shall be surfaced
with porous pavement or gravel.
(b)
Landscaped areas of parking lots shall be planted, situated
and graded in a manner to provide infiltration and detention of runoff
from paved areas.
