[Added 2-28-2022 by L.L.
No. 2-2022]
The Transit-Oriented (TO) District is hereby established with
potential applicability to any property which is wholly zoned Industrial
District as of the date of adoption of this article, and generally
within the area bounded by Sterling Place on the north, West Oak Street
on the south, Broadway on the east and County Line Road on the west.
No property within such general area which is currently wholly within
the B Residence District, or partially within the B Residence District
and partially within the Industrial District, shall be eligible for
inclusion in the TO District. The subject property shall also meet
the lot, bulk, design and other requirements contained in this article,
as determined by the Board of Trustees.
In the TO Zoning District, no building or premises shall be
used and no building shall hereafter be erected or altered, unless
otherwise provided for in this article, except for one or more of
the following uses:
A.
Multiple dwellings.
B.
Accessory uses:
(1)
Off-street parking and loading, including parking structures.
(2)
Open space or plaza areas accessible to the general public.
(4)
Courtyard areas, including amenities such as a swimming pool,
gazebo, seating areas for use of the residents of the development.
(5)
Other customary accessory uses and buildings, provided that
such uses are incidental to the principal use.
C.
Offices, personal service shops, retail stores and restaurants, in
an existing building, which are deemed to be complementary to the
transit-oriented use.
All development in the TO Zoning District shall meet or exceed
the minimum standards contained herein.
A.
Building height. In a TO Zoning District, no building or structure
hereafter erected or altered shall exceed 38 feet in height. The following
exceptions are permitted:
(1)
Parapets, not exceeding three feet in vertical distance from
the base to the highest point.
(2)
Stairwell or elevator bulkheads, water tanks, chimneys, heating
and air-conditioning apparatus, or other mechanical equipment projections
occupying less than 10% of the area of the roof and not exceeding
12 feet in vertical distance from base to the highest point.
(3)
Decorative turrets or similar structures consistent with the
architectural character of the building.
(4)
Safety railings or walls required by the New York State Uniform
Fire Prevention and Building Code to enclose outdoor living space
or decks, not exceeding the minimum height required by the State Code
for such railings or walls.
B.
Lot area. In the TO Zoning District, no building shall be erected
on a lot having an area of less than 1.5 acres.
C.
Lot width. In the TO Zoning District, no building shall be erected
on a lot having a width of less than 150 feet at the front street
line.
D.
Front yards. In the TO Zoning District, no front yard shall be required.
To the extent practicable, buildings should be constructed to the
front lot line.
E.
Side yards. In the TO Zoning District, no side yard shall be required.
To the extent practicable, buildings should be constructed to the
side lot line.
F.
Rear yards. In the TO Zoning District, there shall be a rear yard
having a minimum depth of 15 feet.
G.
Building area. In the TO Zoning District, the total building area
shall not exceed 80% of the lot area.
H.
Residential density. In the TO Zoning District, the maximum residential
density shall be 35 dwelling units per acre.
I.
Dwelling unit size. In the TO Zoning District, the minimum dwelling
unit size shall be 550 square feet.
J.
Floor area ratio (FAR). In the TO Zoning District, the maximum FAR
shall be 1.5.
A.
Application to Board of Trustees. An application to amend the Village Building Zone Map to apply the TO District shall be submitted to the Village Clerk, in accordance with the application procedures and requirements of this article. Any application to request incentive bonuses as promulgated in § 183-66.10 may also be considered by the Board of Trustees concurrent with the review of an application to amend the Village Building Zone Map. The applicant shall pay a filing fee established by the Board of Trustees and shall reimburse the Village for any expenses incurred by the Village to review said application and to comply with SEQRA, including the services of engineers, architects and environmental consultants.
B.
Re-use of existing buildings.
(1)
When the Board of Trustees finds that an existing building has cultural, historical or architectural significance to the Village, it may permit the repurposing of said building for one or more of the permitted uses listed in § 183-66.2. Said determination may be applied for, heard by the Board of Trustees and determined jointly with the application to amend the Village Building Zone Map to apply the TO District.
(2)
The Board of Trustees, at its discretion, may grant increased
FAR, increased height, reduced parking requirements and may modify
other land development standards or dimensional requirements of the
Code for such buildings.
C.
Site plan review. Upon approval of an amendment of the Village Building
Zone Map for the TO District, all development shall be subject to
site plan review by the Planning Board.
A.
Design review procedures. The Planning Board shall also review the architectural design of structures and buildings, pursuant to the design considerations listed in Subsection C.
B.
Such application shall include at least one colored rendering. The
Planning Board, as part of its review, may require an applicant to
provide additional architectural design, elevation drawings, samples
of materials or other information, as it shall determine.
C.
Design considerations. The objective of the design considerations
for the TO Zoning District is to provide high-quality and complementary
design of buildings, landscaping, parking, and other site and building
design characteristics consistent with the Bay Village architectural
theme and in view of the railroad station as a "Village Gateway."
Special emphasis is placed upon methods that reduce the large-scale
visual impact of buildings and encourage tasteful innovative design
for individual buildings. The design considerations are as follows:
(1)
The principal building entrance and front should face the primary
street frontage and sidewalk, or the Amityville LIRR train station,
as appropriate.
(2)
Building design and landscaping should serve to reinforce and
announce the main pedestrian building entrances and streetscape frontage.
Any proposed building that includes ground-level parking or partially
subsurface-level parking located under a building shall include an
architectural and landscape treatment to screen the parking from the
street.
(3)
Parking should be placed in the rear of lots, whenever possible,
and should be adequately planted and landscaped in order to create
an attractive point of arrival.
(4)
Walkways should be provided for safe and convenient pedestrian
access to mass transportation.
(5)
Special materials, such as brick or cobblestones and picket
fences, shall be used for walkways.
(6)
The exteriors of buildings shall utilize natural cladding materials
such as wood, brick, stucco, stone, or a combination of such materials
or their equivalent. The use of imitation, synthetic, metallic, and
reflective materials shall be avoided, including, but not limited
to, aluminum or vinyl siding, imitation brick or stone, or plastic.
(7)
Building shape, proportions, massing, and design should be appropriate
to the historic character of downtown Amityville. Architectural features
such as porches, porticoes, shutters, decorative door and window frames,
balconies, cornices, dormers, chimneys, turrets, and spires should
be used to reinforce a pedestrian scale and create interest and variety
in the facade.
(8)
All signs shall be in accordance with § 144-6E, which establishes the regulations for signs within the TO Zoning District as follows: No sign shall be erected in the TO Zoning District except one wall sign and one freestanding sign. Said freestanding sign shall not be higher than 10 feet above ground level and shall not exceed 20 square feet, and shall contain only the name of the complex.
D.
When the Board of Trustees has determined that an existing building may be repurposed pursuant to § 183-66.4B, then the Planning Board shall be guided by the standards and goals of this article, but shall, in its review, give due consideration to the preexisting status of the building. Consideration shall be given to shared parking and complementary parking arrangements with other uses on the same or adjoining lots.
Any development within the TO Zoning District shall comply with the provisions of Article I of Chapter 116, and this section. All parking areas, entries, walkways, corridors, passages, utility areas and front landscaping must be provided with adequate lighting, for safety purposes. Lights shall be adjusted or shielded so as not to shine into adjacent properties.
A.
Trash/Dumpster areas shall be screened by an enclosure (such as wood
fences, chain-link fences, vinyl fences, or masonry enclosures), as
well as sufficient landscaping. Such screening shall be aesthetically
pleasing, as well as durable to the satisfaction of the Planning Board.
B.
Wherever a TO-zoned parcel abuts upon a single-family residential
parcel or building, there shall be suitable screening, fencing, landscaping,
or buffer plantings, as determined by the Planning Board.
C.
The type, location, and extent of screening or fencing shall be determined
by the Planning Board.
Any project with five or more residential units shall comply
with the requirements of Article 16-A, the Long Island Workforce Housing
Act, of the New York General Municipal Law.
In the TO Zoning District, the following off-street parking
requirements shall apply:
B.
Shared parking.
(1)
The minimum required quantity of parking may be reduced when
shared parking is used. Where credible evidence is provided that parking
could be shared by the proposed uses with nearby uses, as provided
by a traffic study, parking study, traffic counts, or data by a licensed
traffic engineer, up to a 20% reduction in off-street parking may
be permitted for shared parking. Shared parking shall be located within
500 feet of each use and may include on-street parking, off-street
parking, and commuter parking areas. Such determination shall be at
the discretion of the Planning Board and determined during the site
plan approval process.
(2)
Shared parking lots with cross-access agreements are encouraged
so as to allow drivers to park in one lot and walk to other properties
without moving their cars, or to drive from one lot to another without
returning to the street.
C.
Parking demand reduction. Given the transit-oriented nature of the
area, as part of site plan review, applicants will be encouraged to
explore techniques to reduce parking demand. Techniques may include,
but are not limited to: parking management programs, promotion of
and priority to car-sharing and ride sharing, parking cash-out programs,
unbundled parking, provision of free or discounted transit passes,
provision of bicycle parking facilities.
D.
Buffering. In order to soften the appearance of parking lots, parking
lots shall be landscaped with ground cover, grasses, or low shrubs.
A.
In order to encourage development in accordance with this article
and in accordance with the Village Law, the Board of Trustees is empowered
to provide for a system of zoning incentives or bonuses in exchange
for specific physical, social, or cultural benefits or amenities,
as the Board deems necessary and appropriate, consistent with the
purposes and conditions set forth herein.
B.
Community benefits or amenities.
(1)
The following community benefits or amenities may, at the discretion of the Board of Trustees, be accepted in exchange for one or more incentives, as provided in Subsection C:
(a)
Public parking: municipal or public parking provided in addition
to the minimum required on-site parking. Alternatively, monetary contribution
to the creation or improvement of public parking elsewhere in the
community.
(b)
Open or park space: additional or passive open or park space
available to the public. Alternatively, monetary contribution to the
creation or improvement of open or park space elsewhere in the community.
(c)
Infrastructure improvements: infrastructure improvements above
and beyond minimum requirements in the form of street furniture, lighting,
pavers, plazas, and related public amenities, as well as improvements
to sewer and water systems. Alternatively, monetary contribution to
the creation or enhancement of similar improvements elsewhere in the
community.
(d)
Other facilities or benefits to the residents of the community,
as determined by the Board of Trustees.
(e)
Any combination of the above-listed community benefits or amenities.
(2)
These community benefits or amenities shall be in addition to
any mandated requirements pursuant to other provisions in this article.
(3)
These community benefits or amenities may be either on or off
the site of the subject application and may involve one or more parcels
of land.
C.
Insentives or bonuses. The Board of Trustees may grant the following
specific incentives:
(1)
Increased residential density. The Board of Trustees may grant
an increased residential density of up to 48 units per acre. The highest
density shall be reserved for applications that include substantial
community benefits or amenities and have a total lot area greater
than two acres.
(2)
Increased FAR. The Board of Trustees may grant an increased
FAR of up to 1.75. The highest FAR shall be reserved for applications
that include substantial community benefits or amenities and have
a total lot area greater than two acres.
(3)
Increased height. The Board of Trustees may grant an increased
building height of up to four stories or 48 feet in height. Increased
height shall be reserved for applications that include substantial
community benefits or amenities and have a total lot area greater
than two acres.
(4)
Reduced parking requirements. The Board of Trustees may reduce
the parking requirements for applications that demonstrate elevated
transit usage, significant pedestrian and walkability amenities, and
have a total lot area greater than two acres.
(5)
Modifications to other land development standards or dimensional
requirements. The Board of Trustees, at its discretion, may modify
other land development standards or dimensional requirements of the
Code.
D.
Criteria and procedure for approval. Authorization of zoning incentives
is subject to approval by the Board of Trustees upon referral from
the Planning Board prior to the grant of site plan approval. The following
procedures shall be followed for the approval of any incentive or
bonus:
(1)
Submission of application. Applications for incentives in exchange
for amenities shall be submitted to the Board of Trustees. In order
to preliminarily evaluate the adequacy of the community benefit or
amenity to be accepted in exchange for the requested incentive or
bonus, the following information shall be provided by the applicant
in addition to the information required as part of the site plan review:
(a)
A description of the incentive being requested.
(b)
A description of the proposed community benefit or amenity.
(c)
An estimate of the economic value of the proposed benefit or
amenity to the public.
(d)
A narrative statement which:
[1]
Describes the benefits to be provided to the community
by the proposed amenity.
[2]
Demonstrates that adequate services and facilities
exist in the community that could accommodate the additional demand
that would be generated by granting the incentive or bonus.
[3]
Explains how the proposed amenity promotes implementation
of physical, social, or cultural policies.
(e)
Any additional information, as may be requested by the Board
of Trustees.
(2)
Procedure.
(a)
Application completeness. The Code Enforcement Officer shall
review any application for its compliance and completeness with the
requirements of this article.
(b)
Planning Board review. Once the incentive and site plan application
has been determined to be complete by the Code Enforcement Officer,
the Planning Board shall begin its site plan review of the incentives
and the overall site plan.
(c)
Planning Board hearing. The Planning Board shall then hold a
public hearing on the incentives and site plan application.
(d)
Planning Board recommendation. The Planning Board shall then
report to the Board of Trustees with its evaluation of the adequacy
with which the amenity(s)/incentive(s) fits the site and how it relates
to adjacent uses and structures upon completion of their proceeding
with regard to the same, along with any general site plan comments.
Site plan approval shall be subsequent to any approval of the incentives
by the Board of Trustees.
(3)
Compliance with SEQRA. Every decision by the Board of Trustees
concerning the application for use of incentive zoning on a particu
