[Added 2-13-2023 by L.L. No. 3-2023]
A. 
The Inlet Valley area has an important role in the regional tourism economy. The Overlay District is designed to achieve the Town's vision for economic development in the Inlet Valley through:
(1) 
Encouraging the ongoing establishment and growth of outdoor recreation, tourism and agriculture-culinary related uses,
(2) 
Recognizing the importance of existing commercial and light industrial uses, and
(3) 
Providing a broader mix of residential and other appropriate land uses.
B. 
The Overlay District aims to preserve and build upon the most appealing aspects of the Inlet Valley's rural and agricultural character, and enhance the area's appeal as a recreational destination among residents and visitors.
C. 
The outcome of development under these provisions will add to the area's tourism and transportation assets, enhance the synergistic relationship between the area's businesses and attractions, and reinforce its sense of place.
The Inlet Valley Overlay District includes two overlay zones.
A. 
IV-C: Inlet Valley Center. This overlay zone intends to foster a compact mix of destinations. It is centered generally around the existing light industrial, neighborhood commercial and planned development zones.
B. 
IV-T Inlet Valley Transition. This overlay zone provides a transition from the IV-C overlay zone to surrounding lower density residential and agricultural zones.
A. 
How the Overlay District works.
(1) 
The Inlet Valley Overlay District is superimposed on underlying (base) zones. The Overlay District identifies requirements that apply in addition to (or instead of) those in the base zone. This includes requirements for:
(a) 
Lot area (§ 270-171.4).
(b) 
Area, mass, bulk, and siting of structures (§§ 270-171.4, 270-171.6).
(c) 
Permitted uses (§ 270-171.5).
(d) 
Physical design (§ 270-171.6), including:
[1] 
Architectural design.
[2] 
General site planning.
[3] 
Pedestrian and vehicle circulation.
[4] 
Parking and service area location and design.
[5] 
Landscaping, screening, site lighting, and pedestrian amenities.
[6] 
Signs.
(2) 
Regulations for the overlay zone apply if overlay and base zone regulations conflict.
B. 
Review process.
(1) 
Uses and development projects in the Inlet Valley Overlay District must follow the review and approval procedures in Article XXIII Site Plan Review and Approval Procedures when § 270-184 requires such procedures.
A. 
Area and bulk requirements for 1) nonagricultural/residential sites and uses, and 2) sites and uses with both residential and nonagricultural/residential uses, are in the following table.
B. 
Area and bulk requirements in the base zone apply to agricultural and residential sites and uses.
Area and Bulk Requirements: Nonagricultural/Nonresidential
Overlay zone
Lot size
Front/street fronting side setback*
Interior side setback
Rear setback
Building height (max)**
Lot building coverage (max)
Lot landscape/open area coverage ***
IV-C
> 30,000'2
> 30'
> 20'
> 40'
< 40'
< 30%
> 30%
IV-T
> 30,000'2
> 40'
> 40'
> 50'
< 38'
< 20%
> 50%
*
Exceptions for yard encroachments in § 270-224 apply.
**
Building height is the vertical distance from the average ground level of the building to the highest roofline point. Building height does not include chimneys, steeples, cupolas, parapet or equipment screening structures, solar panels, stair enclosures, rooftop patios, antennas, or other similar features that project above the roofline. Maximum height requirements do not apply to buildings and other structures used for agriculture.
***
Remaining lot area outside the footprint of all buildings and structures; parking areas and driveways/drive aisles; outdoor storage; service and utility areas; decks, patios and pads; and similar areas.
A. 
Permitted uses in general.
(1) 
Permitted uses and structures in the Inlet Valley overlay zones are in the following tables. These tables supersede lists of permitted principal and accessory uses in the base zones. Where the base zone is the Conservation Zone, permitted uses and structures are those permitted in the Conservation Zone.
(2) 
A 270 Checkmark.tiff symbol in a column means the overlay zone allows the base zone use.
(3) 
A • symbol means the overlay zone does not allow the base zone use.
(4) 
A 270 Circle S.tiff symbol identifies uses that need special permit approval by the Planning Board (See Chapter 270 Article XXIV: Special Permits and Special Approvals). Special permit approval criteria in Chapter 270 apply. The Planning Board may impose reasonable conditions on a use, as part of its findings during special permit review.
(5) 
If a use is not in any of these tables, the overlay zone does not allow the use, even if the base zone normally allows it.
(6) 
If a use in the following tables does not have a definition, the definition for that use elsewhere in Chapter 270 (if any) applies.
(7) 
Uses are mutually exclusive. A use with a broader scope does not include a more specific use type that the table also lists or describes, unless provisions in this section note otherwise.
(8) 
These provisions consider each principal use as if it stands alone, even if that use is functionally integrated with other defined uses. Example: if a place of worship has an elementary school, overlay provisions consider the place of worship and school as separate uses.
B. 
Agricultural principal uses.
(1) 
Agricultural and agritourism-related uses that a base zone allows are also allowed in the same zone in the Inlet Valley Overlay District, under the same conditions and limitations, unless provisions in this section note otherwise.
C. 
Residential principal uses.
(1) 
Residential uses that a base zone allows are also allowed in the same zone in the Inlet Valley Overlay District, under the same conditions and limitations, unless provisions in this section note otherwise.
D. 
Lodging principal uses.
270 Checkmark.tiff = permitted use
• = use not allowed
270 Circle S.tiff = needs special permit approval
IV-C overlay
IV-T overlay
LDR
NC
LI
AG
LDR
1) Bed-and-breakfast
(See definition in § 270-5).
Conditions:
• Requirements for the use in the base zone apply.
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2) Hotel/motel/inn
Facility with > 4 guest rooms for overnight stays by paying guests.
Conditions:
• Requirements for the use in the base zone apply.
• Guest rooms in the IV-C overlay: < 60.
• * Guest rooms in the IV-T overlay: < 10.
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E. 
Commercial principal uses.
270 Checkmark.tiff = permitted use
• = use not allowed
270 Circle S.tiff = needs special permit approval
IV-C overlay
IV-T overlay
LDR
NC
LI
AG
LDR
1) Adult entertainment business
(See definition in Town Code Chapter 100: Adult Uses.)
Conditions:
• Must meet all applicable requirements of § 270-145, including location criteria.
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2) Companion animal services
Any of these uses.
• Veterinarian or animal physical therapy.
• Dog/cat/small animal grooming.
• Dog/cat/small animal day care.
• Dog obedience, behavioral, conformation, or agility/sports training.
Conditions:
• Gross floor area in the LDR zone: < 5,000'2, with special permit approval.
• * Gross floor area in the NC and LI zones: < 5,000'2; or < 7,500'2 with special permit approval.
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3) Day care center
Any of these services to unrelated children or adults in a protective setting.
• Child day care (18 NYCRR Subpart 418-1), small day care (18 NYCRR Subpart 418-2), school-aged child care (18 NYCRR Part 414).
• Adult day health care (10 NYCRR Part 425), social adult day care (9 NYCRR § 6654.20).
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4) Personal services: health/fitness
Facility and equipment for exercise and physical fitness. (Examples: health/fitness club, gymnasium, cycling/circuit training studio, personal trainer, yoga studio, day spa, martial arts studio.)
Conditions:
• Gross floor area: < 5,000'2 in the IV-C overlay, and < 2,500'2 in the IV-T overlay.
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5) Professional office
Professional, administrative, clerical, outpatient medical or allied health care, design, or technical service. Includes government offices.
Conditions:
• Gross floor area: < 2,500'2.
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6) Restaurant/cafe/bar
Preparing or serving meals or drinks to customers onsite or delivery offsite.
Conditions:
• Gross floor area: < 5,000'2
• Must not have a drive-through window.
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7) Retail and service: general●
Sale or rental of a physical product to the public, or providing a service to customers onsite. It does NOT include display, sale, lease, rental, servicing, repair, cleaning, fueling, or modification of:
270 Circle with slash.tiff Motor vehicles, trailers, motorcycles, powersports equipment, recreational vehicles, utility vehicles, or similar items; or related parts or accessories.
270 Circle with slash.tiffHome spas, hot tubs, saunas, or swimming pools.
270 Circle with slash.tiff Bulk or loose lumber, bricks, cladding, mulch, soil, gravel, and similar raw or finished materials.
270 Circle with slash.tiff Movable or pre-fabricated buildings, sheds, gazebos, decks, or other structures.
270 Circle with slash.tiff Equipment or machinery designed to be towed by a vehicle.
270 Circle with slash.tiff Light and heavy construction, earthmoving, or demolition equipment.
270 Circle with slash.tiff Air compressors, generators, mobile pumps, or similar items.
270 Circle with slash.tiffAccessories related to the items above.
It also does NOT include
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270 Circle with slash.tiff Trade uses (examples: HVAC or plumbing service, machine shop).
270 Circle with slash.tiff Wholesale businesses not catering to the public.
270 Circle with slash.tiff Vending machines, automated teller machines, unattended sales, or storage as a principal use.
270 Circle with slash.tiff Businesses where > 20% of the use area is outdoors or not in a fully enclosed building.
This use does not exclude uses allowed as small scale commercial uses (see 8 below).
Conditions:
• Gross floor area in the LDR zone: < 5,000'2, with special permit approval.
• * Gross floor area in the NC and LI zones: < 5,000'2; or > 7,500'2 with special permit approval.
• Must not have a drive-through window.
8) Small scale commercial
Specific retail or service use that help shape and reinforce the Comprehensive Plan's vision for the Inlet Valley area. These uses are:
270 Square bullet.tiff Arts and crafts studio.
270 Square bullet.tiff Industrial arts studio, where people make art or artisanal products by hand; using handheld or tabletop/benchtop tools, or similar small footprint machine tools or 3D printers; and display and sell it onsite. (Examples: metal and wood sculptures, glass blowing, ceramics. Machine shops, and uses related to building or mechanical trades, are NOT industrial arts studios.)
270 Square bullet.tiff Outdoor outfitting, sporting goods, ski, and/or bicycle sales or rental.
270 Square bullet.tiff Restaurant, cafe, or bakery, with no drive-through..
(Note: the IV-C overlay allows these uses under the restaurant/cafe/bar or retail and service: general categories.)
Conditions:
270 Square bullet.tiff A lot may have only one small scale commercial use.
270 Square bullet.tiff Gross floor area: < 1,500'2.
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270 Square bullet.tiff Off-street parking spaces: < 8.
270 Square bullet.tiff Outdoor service and storage areas related to the use: < 500'2. Siting and screening must comply with 270-171.6J.
9) Retail plant nursery
Retail sale of plants, and related home garden equipment supplies and accessories, to the general public.
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10) Retreat/event venue
Use of land and designated structures for gatherings or events (examples: wedding, private party, fundraiser event, training event, conference reception).
Conditions:
• Indoor event space gross floor area: < 6,000'2.
• This use needs site plan and special permit review. (Site plan and special permit review are not needed for each event.)
• * In the IV-T overlay zone, this use is allowed only on a site that is listed or eligible for listing in a national or state registry of historical building, with frontage and access on Elmira Road. Any new buildings or structures for the use must be contextually compatible with and subordinate to existing listed or eligible buildings on the site.
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11) Winery/distillery/brewery/cidery
Winery, distillery, brewery, or cidery, sales of product made onsite, and related tasting rooms.
Conditions:
• Gross floor area: < 10,000'2.
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F. 
Industrial and semi-industrial principal uses.
270 Checkmark.tiff = permitted use
• = use not allowed
270 Circle S.tiff = needs special permit approval
IV-C overlay
IV-T overlay
LDR
NC
LI
AG
LDR
1) Industrial use: low impact
Manufacture mostly from previously prepared materials, preparation, processing, or repair of products for distribution or sale; with no detectable offsite impacts.
Conditions:
• Gross floor area: < 5,000'2.
• * Gross floor area may be 5,000'2 to 15,000'2 with special permit approval.
270 Checkmark.tiff*
G. 
Civic principal uses.
270 Checkmark.tiff = permitted use
• = use not allowed
270 Circle S.tiff = needs special permit approval
IV-C overlay
IV-T overlay
LDR
NC
LI
AG
LDR
1) Community workshop
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Facility for people to learn, experiment, invent, or make things using shared tools and resources, in a collaborative setting. (Examples: makerspace, hackerspace, community kitchen.)
Conditions:
• Gross floor area: < 10,000'2.
2) Cultural facility
Facility for display, performance, or enjoyment of heritage, history, arts, or sciences. (Examples: museum, gallery, library, visitor center, arts performance venue by a public or private entity.)
Conditions:
• Gross floor area: < 10,000'2.
• * In the NC and LI zone in the IV-C overlay, gross floor area may be 10,000'2 to 20,000'2 with special permit approval.
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3) Farmer's market
Retail marketplace, mostly under an unenclosed structure, where merchants sell their products directly to consumers. It does not include grocery or convenience stores, or resellers.
Conditions:
• Needs special permit and site plan review approval by the Planning Board.
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4) Gallery: specialty vintage
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Museum open to the general public, displaying a collection of antique or vintage items, including farm equipment, tractors, cars, boats, bicycles, steam engines, textiles, glassware, wines, or similar items of interest.
Conditions:
• Gross floor area: < 20,000'2
• May include sales or restoration/repair of showcased items only as an ancillary use.
• Outdoor display and storage area of collection items: < 200'2.
270 Circle with slash.tiff This use doesn't allow uses that are expressly not allowed as a "Retail and service: general" use in the commercial principal use category (table E).
5) Park, playground, community garden+nLand used for a park, playground, community garden, garden plots, a nature preserve, or a similar purpose.
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6) Place of assembly
Facility used for public/resident assembly for worship, meeting, government, or community purposes. (Examples: religious or secular congregation, community center, common house, amenity center.) This includes typical ancillary uses. (Examples: meeting room, kitchen, exercise room, laundry room, workshop, day care center, offices.)
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7) Private club/lodge
Facility of a private club or organization, mostly open only to club members and their guests. (Examples: service or lodge-based organization, social club, veterans' club, labor union.)
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8) Public safety
Police or fire station, ambulance service, or other public safety service,
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9) School: primary/secondary
NYS recognized school for primary or secondary (K-12) education.
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H. 
Utility and communication uses.
270 Checkmark.tiff = permitted use
• = use not allowed
270 Circle S.tiff = needs special permit approval
IV-C overlay
IV-T overlay
LDR
NC
LI
AG
LDR
1) Solar energy system (as a principal use)
2) (See § 270-219.1)
2) Utility: municipal or public
Facility for collecting, processing, or distributing a public utility commodity.
(Examples: electrical substation, water tank and pumps, lift station, telephone switch.)
Conditions:
270 Square bullet.tiff Landscaping requirements in § 270-171.6 E also apply to utility facilities.
270 Square bullet.tiff A utility facility that is not in an enclosed building (example: open air electrical substation) must meet these requirements.
270 Small circle.tiff Siting must be as unnoticeable from the public realm and residential uses as possible.
270 Small circle.tiff Screening:
- Height: tall enough to conceal the equipment, up to 12'.
- Materials: brick or stone (real or simulated/precast); split face block.
- Opacity: wall 100% opaque, gates > 75% opaque.
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3) Wind energy facility, small (as a principal use)
(See § 270-219.1)
4) Wireless facility
Equipment, structures, and site or designated area used to transmit or relay commercial or broadcast wireless services. (Examples: personal wireless service, fixed wireless Internet, broadcast or television transmitter and antenna.)
Conditions:
• Zoning Code review process and requirements for personal wireless service facilities in § 270-219 apply.
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I. 
Accessory uses.
270 Checkmark.tiff = permitted use
• = use not allowed
270 Circle S.tiff = needs special permit approval
IV-C overlay
IV-T overlay
LDR
NC
LI
AG
LDR
1) Antenna: radio hobbyist
Outdoor antenna, and tower or supporting structure (if any), for amateur radio or other radio hobby use.
Conditions:
• Requirements for amateur radio facilities in the base zone (§ 270-219.3) apply.
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2) Day care: home
Group family day care (18 NYCRR Part 416) or family day care (18 NYCRR Part 417) in a protective setting, in a dwelling unit.
Conditions:
• Ownership: The operator must live in the dwelling unit as their primary home.
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3) Donation collection box
Outdoor container for collecting donations of clothes and nonperishable items.
4) Home occupation
Business activity subordinate to a residential use in a dwelling unit.
Conditions:
• Requirements for a home occupation in the base zone (§ 270-219.2) apply.
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5) Outdoor entertainment
Performing arts event or activity that takes place in the open, outside of the enclosed structure that has the principal use.
Conditions:
• Outdoor entertainment must be subordinate and incidental to the principal use.
• Time: Outdoor entertainment may take place only between 12:00 p.m. and 9:00 p.m. on Sunday through Thursday, and 12:00 p.m. to 11:00 p.m. on Friday and Saturday.
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6) Roadside stand
Sale of produce or value added farm or food products (NY AGM § 282.2), largely outdoors, in a farm setting.
Conditions:
• A roadside stand may be an accessory use only to a working farm.
• The majority of the products sold at a roadside stand must be from (or derived from products from) the farm at the stand location.
• Roadside stand setback from public right of way: > 30'.
Parking at a roadside stand must allow safe vehicle access. A roadside stand must meet parking and vehicle circulation requirements of this section (§ 270-171.6 F).
• Total footprint of structures for a farm stand: < 500'2 in the LDR, NC, and LI zones, < 30002 in AG zone.
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7) Solar energy system
(See § 270-219.1)
Conditions:
• Requirements for solar energy systems as an accessory use in the base zone (§ 270-219.1) apply.
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8) Wind energy facility, small
(See § 270-219.4)
Conditions:
• Requirements for small wind energy facilities as an accessory use in the base zone (§ 270-219.4) apply.
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A. 
Intent. Design standards and guidelines promote these aims.
(1) 
A distinct identity and sense of place for the Inlet Valley corridor.
(2) 
Ecological and aesthetic qualities of the area.
(3) 
Development in the context of a verdant, semirural setting by two state parks.
(4) 
Creative yet context-sensitive architectural design and site planning.
(5) 
Building for the long term, with design that imparts human scale, visual harmony, and permanence.
(6) 
Use of building materials that are durable, natural, traditional, and sustainable.
(7) 
A comfortable relationship between people, and the surrounding built and natural environment.
B. 
Applicability.
(1) 
Development and improvements on a lot with, or developed for, a lodging, commercial, industrial and semi-industrial, or civic use (after the effective date of the Inlet Valley overlay), must meet the requirements of this section.
C. 
Guidelines vs. requirements. Some design provisions are recommendations, while others are requirements. The term "should" expresses a recommended guideline. "Must" expresses a requirement or duty. "May" expresses permission. "May" with a number expresses permission to a limit.
D. 
Building design.
(1) 
Style neutrality.
(a) 
These architectural design standards are style neutral. They establish a design language of appropriate forms and materials for the Inlet Valley Overlay District.
(2) 
Elevation and wall form.
(a) 
All building elevations must have a distinct base, middle, and top.
(b) 
Scale, proportions, massing, articulation, and design features of street and public facing elevations should enhance the pedestrian and vehicular experience, and emphasize human scale.
(3) 
Wall articulation.
(a) 
An elevation > 100 feet long must have wall plane projections or recesses with a depth of > 5% of the facade length, extending > 20% of the facade length. Example: 100-foot long elevation, > 20 feet of its length must be set > five feet back or forward from the main facade plane.
(b) 
An elevation must not have a blank, uninterrupted length of > 25 feet without having > two of these features on each story:
[1] 
> 0.5 foot change in plane.
[2] 
Change in texture or masonry pattern.
[3] 
Fifteen-square-foot window area.
[4] 
Door opening.
[5] 
Other equivalent element(s) that visually divides the wall into human scale proportions.
(c) 
Side or rear walls may have false windows and door openings defined by frames, sills and lintels, or similarly proportioned modulations, only when actual doors and windows are not possible because of the building use.
(4) 
Consistent design on visible elevations.
(a) 
Elevations on a building that are visible from or facing a street must have a similar style and quality of materials, windows, doors, trim, decorative moldings, and wall articulation.
(5) 
Building construction.
(a) 
A principal or accessory building fronting on Elmira Road (NY 13), Five Mile Drive (NY 13A), Seven Mile Drive, or Calkins Road, must not be a prefabricated or preengineered metal structure.
(6) 
Roof form.
(a) 
Buildings visible from the street should have a sloping roof.
(b) 
Sloping primary rooflines (not including dormers, entry canopies, or similar accessory elements) must have a roof pitch between 5:12 and 12:12.
(c) 
Sloping roofs must have eaves that overhang walls by > 1.5 feet (perpendicular distance).
(d) 
Roof forms must correspond to building elements and functions such as entrances, arcades, and porches. Roof forms should relate to other buildings on the same lot. A building may have fake dormers, gables, or other roof projections only to hide mechanical or telecommunications equipment.
(e) 
Continuous plane of any roof line must be < 100 feet long.
(f) 
Roofline orientation should accommodate solar panels with southern exposure that are parallel to the roofline slope.
(7) 
Roof materials. These materials are allowed for a sloping roof.
(a) 
Architectural shingles: multitone.
(b) 
Wood shakes or shingles.
(c) 
Slate shingles: natural or synthetic.
(d) 
Standing seam metal or copper roofing.
(e) 
Copper or colored anodized metal roof flashing.
(f) 
Solar shingles.
(8) 
Cladding materials.
(a) 
Primary cladding materials: One or more of these materials must cover 60% to 100% of cladding area on any outside wall. An asterisk (*) identifies materials that are most appropriate for the Inlet Valley corridor.
[1] 
Brick: individual bricks, veneer, or masonry panels; integral color; nominal size > three units per square foot (utility size or smaller).
[2] 
* Stone: individual stone, veneer, or masonry panels; natural or manufactured.
[3] 
* Clapboard/lap siding: stained/painted wood, fiber cement, composite.
[4] 
* Shingle/shake siding: stained/painted wood, fiber cement, composite.
[5] 
* Board and batten siding: stained/painted wood, fiber cement, composite.
(b) 
Secondary cladding materials: 0% to 40% of the cladding area on any outside wall may use one or a combination of these materials.
[1] 
Metal architectural wall panels.
[2] 
Corrugated or standing seam metal: made for architectural use.
[3] 
Precast masonry, ceramic, or cement based trim and cornice features.
[4] 
Precast concrete panels.
[5] 
Concrete masonry units (CMU): integral dye or pigment color (not "natural gray" or "cinder block" with no integral color); decorative, textured, or split face.
[6] 
Stucco.
[7] 
Logs (wood) or log siding (wood, fiber cement).
[8] 
Shingle/shake siding: vinyl.
[9] 
Board and batten siding: vinyl.
(9) 
Cladding material and building color in general.
(a) 
Cladding must have a matte or nonreflective finish.
(b) 
Building colors should be from a palette of natural earth tones, desaturated colors, white, or shades of gray, that complement natural surroundings. Any colors with higher saturation or chroma should only be used on building trim and accents. Buildings must not have fluorescent colors.
(c) 
If a building elevation has multiple facade materials or colors, one or two materials should set a dominant architectural theme, with others used more sparingly as accents. A building should not have a color scheme with random distribution, a chaotic arrangement of contrasting materials or colors (based on established concepts of color theory and visual harmony), or patterns of contrasting stripes or geometric shapes.
(10) 
Change of cladding or color on an outside wall.
(a) 
Cladding material or color on an outside wall may only change:
[1] 
At an inside corner;
[2] 
At a return > two feet from an outside corner;
[3] 
At a horizontal plane; or
[4] 
Where a projecting feature or pilaster vertically divides a facade, and separates the different cladding areas.
(b) 
A sill, cap, or > five-inch-high trim border must define material changes on a horizontal plane.
(11) 
Trim.
(a) 
Outside walls with siding must have the following trim.
[1] 
Doors and windows: surround > 3.5 inches wide.
[2] 
Outside corners: 1) corner board > 3.5 inches wide, or 2) mitered edges that align materials on each wall.
[3] 
Roof overhangs and eaves: frieze > 3.5 inches wide.
(12) 
Window and door area.
(a) 
Elevations of a principal building (not including garage doors or bays) must have the following window and door opening area (glazing):
[1] 
Front, street fronting side, and public area-facing elevations: 15% to 40% on each story.
[2] 
Interior side elevations: 10% to 40% on each story. Where internal arrangement or use of a nonresidential building makes it impossible to provide windows or doors along part of a wall, a fake window may substitute for < 50% of required transparent areas.
(13) 
Window and door design.
(a) 
Windows on a building must be relatively consistent in height and design, and consistent in design with doors on street facing facades, to create a cohesive and harmonious fenestration pattern.
(b) 
Windows and doors should have a vertical orientation. Large display windows with a horizontal orientation should be divided into smaller vertical units or elements.
(c) 
Window and door openings on a masonry clad wall should have a decorative or functional lintel above the opening, that looks like it carries the weight above.
(d) 
A building must not have a storefront curtain wall system. A window curtain wall unit may only be on an interior side or rear elevation.
(e) 
Windows and doors must be recessed into a wall. Buildings must not have flush or surface mounted windows. This does not apply to storm windows or doors.
(14) 
Building entrance orientation and design.
(a) 
A principal commercial or industrial building, and > 25% of the tenant spaces in a multitenant commercial or industrial building, must have a public entrance with > one of these features.
[1] 
Vertically defined bay with different cladding or fenestration than other bays.
[2] 
Integral turret, peaked roof form, tower, or (at a corner entrance) a chamfered edge.
[3] 
Architecturally integral vestibule with > 64 square feet GFA, projecting > three feet from the building wall.
[4] 
Architecturally integral roof, portico, or porte-cochere that covers > 64 square feet with support columns > 10 inches wide.
[5] 
Architecturally integrated porch or landing with > 64 square feet of floor area.
(b) 
The main public entry of a principal building with street frontage must face that street. A building with one occupant or tenant sited at an intersection of two streets must face the busiest street.
(15) 
Formula architecture.
(a) 
A building or structure must not have standardized nonfunctional elements that:
[1] 
Inherently associates the overall building design with a specific brand, business, chain, or corporation; or
[2] 
Function as an integral sign, regardless of whether it has or doesn't have words or logos.
(16) 
Rooftop and building mounted equipment.
(a) 
Rooftop utility, HVAC, and mechanical equipment, ducts, or related elements must have screening of the same height or higher, to hide them from view. Screening must be 1) opaque, and 2) integral with the building form (examples: roof well, parapet wall, fake dormer, purpose-built screen or enclosure matching building colors and materials). A plumbing or exhaust vent, pipe, or flue that penetrates a roof must match the roof color.
(b) 
Wall-mounted utility, HVAC, and mechanical equipment, ducts, or related elements may only be on an interior side or rear elevation, with siting or screening that hides those features from the street and neighboring lots as much as possible.
E. 
Landscaping.
(1) 
Groundcover.
(a) 
Unsurfaced areas (surfaces with no buildings, structures, or pavement) on a developed lot must have maintained groundcover, with one or more of these features.
[1] 
Turf or ornamental grass.
[2] 
Perennial groundcover plants.
[3] 
Planting beds for trees, shrubs, and flowers, with a base of mulch, granular stone, or similar nonliving material.
[4] 
Pond or water feature.
(b) 
These areas do not need maintained groundcover.
[1] 
Farm field or pasture.
[2] 
Stream setback area.
[3] 
Natural feature that normally lacks vegetation, or where maintenance is impractical (example: steep slope area, rock outcrop).
(2) 
Tree preservation.
(a) 
Mature native and adapted trees should be kept and incorporated into the site where possible.
(3) 
Foundation planting.
(a) 
A new building or addition to an existing building must have foundation planting beds parallel to the full length of the front, street fronting side, and interior side elevations (not including building entrances and doors, and perpendicular walkways and garage door entries).
(b) 
Foundation planting area width must be:
[1] 
> five feet next to building walls with a < twenty-foot eave height.
[2] 
> 10 feet next to building walls with a > twenty-foot eave height.
(c) 
A foundation planting area must include > one shrub with a potential > three-inch mature height for every 25 square feet of planting area. A tree with a potential > eight-inch mature height may substitute for a required shrub. Shrubs may have regular spacing, or be clustered in more naturalistic groups.
(d) 
As an alternative to foundation planting, the area next to a building may be in the form of a functional pedestrian plaza, with landscape planters or beds, modular pavers, art, fountains or water features, benches and tables, pergolas or arbors, life-sized games, small performance spaces, or other amenities, that meet the intent of these standards according to the Planning Board.
(4) 
Parking lot landscaping.
(a) 
Requirements for parking lot internal and perimeter landscaping are in the next Subsection F, Parking and vehicle circulation.
F. 
Parking and vehicle circulation.
(1) 
Size and visibility in general.
(a) 
Parking lots and driveways may only be as large as needed to meet 1) reasonable everyday demand for number of parking spaces, considering allowed uses and the building; and 2) dimensional requirements for parking spaces, driveways and drive aisles, and internal landscaping.
(2) 
Parking lot siting.
(a) 
Any off-street parking areas of buildings fronting on Elmira Road (NY 13), Five Mile Drive (NY 13A), Seven Mile Drive, or Calkins Road, must be in the rear or side yard.
(b) 
A parking lot may only be in front of a principal street-fronting building and the street if 1) the building is preexisting, and 2) the Planning Board finds that existing site conditions make siting a parking area to the side or rear impractical or impossible. If this is this case, any parking in front of the principal building must:
[1] 
Be > 20 feet from the public right of way line, and
[2] 
Have only one drive aisle, with a single row of parking.
(3) 
Parking surface materials.
(a) 
Parking lot and driveway surfaces should be context sensitive. The Planning Board may stipulate materiality.
(b) 
Any aggregate parking surface must be built in a way that prevents ponding, aggregate loss or spillage, or track-out onto public streets.
(c) 
A parking lot surface must have a visually distinct edge.
(4) 
Circulation.
(a) 
Parking lot layout must allow a vehicle to enter from and exit to the street driving forward.
(b) 
A parking row with only one way in and out must have a turnaround area or space at the end.
(c) 
Parking lot layout must allow service vehicles to access loading, service, or trash enclosure areas, with as little disruption to circulation and parking space access as >possible.
(5) 
Access management.
(a) 
Off-street parking may have one vehicle access point on a street frontage. A lot or building site may have an additional access point only if the Uniform Code requires it for fire apparatus access.
(b) 
For a corner lot, vehicle access to off-street parking may only be from the secondary street, not the principal street.
(c) 
An access point must be as far from a street intersection and other curb cuts as possible.
(d) 
A one-way access driveway and approach must be 12 feet to 14 feet wide. A two-way access driveway and approach must be 16 feet to 20 feet wide. Access driveway corner radius where it meets a roadway must be < 15 feet.
(e) 
Continuous curb cuts or driveways, and parking lots that use a fronting street as a drive aisle to access parking spaces, are prohibited.
(f) 
If these requirements conflict with New York State DOT access management requirements, the more restrictive requirement applies.
(6) 
Lot-to-lot connection.
(a) 
Parking lots for nonresidential uses on neighboring lots should have cross-access driveways connecting them, or provisions for future connection. Property owners must not block cross-access connections or provisions.
(7) 
Internal landscaping.
(a) 
The following applies to parking lots constructed of solid pavement.
(b) 
A row of parking spaces must have a landscape island, > nine inches wide and extending the full depth of the row, 1) at each end; and 2) at an interval of < 10 spaces or < 90 inches in a row.
(c) 
A landscape island must have 1) maintained groundcover [see Subsection E(1)]; and > one deciduous tree (> 2.5 inches diameter at breast height (DBH) at planting, > 30 feet height at maturity) for each row it is next to. Two deciduous trees with a DBH of > 2 inches at planting, and a potential mature height of 20 feet to 30 feet may substitute for one taller required tree.
(8) 
Perimeter landscaping and buffering.
(a) 
A new or expanded parking lot, or an existing parking area that is improved with solid or segmental paving, open cell or grid paving, or a similar hard pervious or impervious surface, must have a > ten-foot-wide landscape buffer between the parking lot surface and the side or rear lot lines.
(b) 
An opaque fence, wall, berm, or hedgerow, four feet to six feet tall (three feet tall in the minimum principal building front setback area), must screen a parking lot for a hotel/motel, or commercial or industrial building or use, from any neighboring residential lot or use. Street facing sides of a parking lot that front on a street must have plantings with an average of > one shrub, with a potential > three-foot mature height, for every five feet of parking lot frontage.
(9) 
Stormwater.
(a) 
Parking lots, driveways, and drive aisles must be built or graded in a way that prevents surface ponding, or sediment or aggregate collection.
(b) 
Parking lot landscape islands and perimeter areas must allow decentralized stormwater runoff capture and infiltration where possible.
G. 
Pedestrian and bicycle facilities.
(1) 
Pedestrian connectivity.
(a) 
In the IV-C overlay zone, a principal building must have a paved > five-foot-wide walkway connecting its main entrance to the public sidewalk along the fronting street, or public right of way line if there is no sidewalk.
(b) 
A parking lot must have a > five-foot-wide walkway connecting it to the main entrance of the principal building.
(c) 
Parking lot spaces, driveways, and drive aisles are not walkways.
(2) 
Bicycle parking.
(a) 
A use must have > one dedicated bicycle parking space (bike rack space, bike locker, etc.) for every five required vehicle parking spaces.
H. 
Fences and walls.
(1) 
Permitted fence and wall materials.
(a) 
A permanent fence or wall may only use these materials, in a way that is customary for fence or wall construction.
[1] 
Brick, stone, or cast brick or stone.
[2] 
Wood, or a synthetic material that looks like wood.
[3] 
Hog wire, sheet or corrugated metal with a matte or nonreflective finish, bamboo, or a similar material, in a board frame structure.
[4] 
Welded wire with vinyl coating.
[5] 
Gabion.
(b) 
Chain link fencing may only be at 1) an ancillary use (examples: athletic/ball field, backyard chicken area), or 2) a construction or short term event site. Chain link fencing for an ancillary use must have a supporting top rail, and knuckle selvage ends.
(c) 
A fence or wall must not have:
[1] 
Sharp or unfinished wires or edges.
[2] 
Barbed, razor, or concertina wire (except for agricultural uses, active construction sites, or where law requires it).
[3] 
Electrification (except for agricultural uses).
[4] 
Materials or design features that are hazardous to nearby pedestrians or residents.
(d) 
A deer fence may not be used as a permanent yard or boundary fence or wall.
(2) 
Finished side out.
(a) 
Fences should have a "good neighbor" design, where both sides look the same.
(b) 
A fence or wall with finished and unfinished sides must have its finished or "good" side facing outward, towards bordering lots or thoroughfares [see Town Code § 270-223A(9): Zoning - fences and wall].
(3) 
Height and location.
(a) 
Maximum fence height is:
[1] 
Front yard, street fronting side yard: < three feet.
[2] 
Rear yard, street fronting side yard behind principal building front elevation, street fronting side yard behind principal building rear elevation: < six feet.
(b) 
Outside of a clear sight triangle (an area within 30 feet of the intersection of front and street fronting side property lines at a street intersection, or 20 feet of where a driveway meets the street), these fence or wall elements may be taller than the maximum fence or wall height.
[1] 
Post, pole, or another supporting member.
[2] 
Pillar or column.
[3] 
Arbor at an opening or gate.
[4] 
Fences for athletic or ball fields.
I. 
Service and equipment areas.
(1) 
Siting.
(a) 
A loading, service, dumpster/waste collection, or outdoor storage area may only be in a rear yard.
(b) 
Dumpsters or outdoor storage may only be in a dumpster/waste collection or outdoor storage area.
(c) 
A dumpster/waste collection or outdoor storage area may only be 1) integral to a principal or accessory building, or 2) in a separate accessory structure.
(d) 
Ground-mounted mechanical or utility equipment ancillary to a principal structure may only be in a 1) rear yard, or 2) interior side yard, behind the front elevation.
(2) 
Screening.
(a) 
A 1) loading, service, dumpster/waste collection, or outdoor storage area; or 2) ground-mounted mechanical or utility equipment area, must have siting and screening that hides it from the street and any neighboring residential uses as much as possible.
(b) 
Service, dumpster/waste collection, and outdoor storage area screening height must be six feet to eight feet. Screening materials should match or complement cladding on the principal building, but must be:
[1] 
Brick or stone (real or simulated/precast);
[2] 
Split face block;
[3] 
Vinyl (coextruded, > 0.150 inch thick); or
[4] 
Wood or composite material in a full steel frame.
(c) 
Gate materials must be:
[1] 
Metal;
[2] 
Vinyl (co-extruded, > 0.150 inch thick); or
[3] 
Wood or composite material in a full steel frame.
(d) 
Screening and gates > 0.5 foot above the ground must be 100% opaque.
J. 
Utilities.
(1) 
Underground utilities.
(a) 
All new utility lines must be underground.
K. 
Outdoor lighting.
(1) 
Performance standards.
(a) 
Outdoor lighting must meet outdoor lighting performance standards in the Town outdoor lighting law (Town Code Chapter 173), along with the following requirements.
(b) 
These requirements do not apply to temporary use of decorative lights for holidays or special events.
(2) 
Freestanding light height.
(a) 
Freestanding lighting height (ground to luminaire) must be:
[1] 
Sports fields or courts; outdoor stages: < 25 feet.
[2] 
Parking lot: < 18 feet.
[3] 
All other areas: < 15 feet.
(3) 
Freestanding light siting.
(a) 
A light pole must not block a walkway, sidewalk, or curb ramp.
(4) 
Facade lighting.
(a) 
Building mounted lighting may only direct light downward.
(5) 
Under canopy lighting.
(a) 
Light fixtures on the underside of canopies, porches, or similar exterior roof areas must be fully recessed or flush with the underside surface.
(6) 
Security lighting.
(a) 
Security lighting must be motion activated, to limit nighttime light pollution and glare.
(7) 
Lighting style.
(a) 
Light poles and fixture style should be consistent with style and period of architecture on the site.
(b) 
Sconces or gooseneck lighting fixtures may be used to illuminate areas near building walls, directing light downward against the building wall and areas next to the wall.
(c) 
Wall packs may only be used as security lighting on the rear wall of a building. Wall packs must not provide general building or site lighting.
(d) 
Light poles must have a distinctive base, middle and top. Cobra head lights and bare metal light poles are not allowed.
(e) 
Exposed concrete from concrete form (sonotube) bases may only be < one foot above grade.
(8) 
Color temperature.
(a) 
Outdoor lighting color temperature must be < 3000K (warm white).
(b) 
This does not apply to:
[1] 
Decorative lighting using < 25 lumen lights.
[2] 
Nonfixed or temporary lights.
[3] 
Sports fields or courts.
L. 
Signs.
(1) 
General requirements.
(a) 
Zoning Code regulations for signs in the base zone apply in the Inlet Valley Overlay District. (See Chapter 270 Article XXIX: Signs.) in an overlay zone, special requirements for attached and freestanding signs in this subsection also apply.
(2) 
Freestanding sign special requirements.
(a) 
Height. Where Zoning Code regulations for signs allow a freestanding sign height of > five feet, the maximum freestanding sign height in an overlay zone is six feet for a sign for a single tenant, and eight feet for a multitenant sign. (See Chapter 270 Article XXIX Signs.)
(b) 
Setback. Freestanding sign setback must be > five feet from the public right-of-way edge.
(c) 
Any freestanding sign must be outside of a clear sight triangle area formed by:
[1] 
Lines following intersecting public right of way lines for 30 feet from their intersection; or
[2] 
Lines following a public right of way line, and a driveway edge or alley right-of-way line, for 15 feet from their intersection.
(d) 
Face area.
[1] 
Maximum single tenant freestanding sign face area is 32 square feet in areas where Zoning Code sign regulations would normally allow a face area that is > 32 square feet.
[2] 
Maximum multitenant freestanding sign face area is 50 square feet in areas where Zoning Code sign regulations would normally allow a face area that is > 50 square feet.
(e) 
Sign structure.
[1] 
A freestanding sign base should use natural materials, or materials that complement the main principal building on the site.
[2] 
Sign base and frame colors must be from a palette of muted colors in this Munsell color system range.
[a] 
Hue: red, yellow-red, yellow, green-yellow, green, blue-green, blue, purple-blue.
[b] 
Value: 3/ to 10/.
[c] 
Chroma: /0 to /6.
(3) 
Building mounted sign special requirements.
(a) 
Building mounted signs include wall signs, canopy signs, awning signs, projecting signs, and window signs.
(b) 
Sign area. Maximum building mounted sign area is 50% of the default maximum sign area for the base zone.
(c) 
Coordinated design for multitenant buildings. A multitenant building must have a coordinated sign plan, with standards that ensure a consistent theme and visual harmony for all attached signs. Planning staff will determine if a sign plan meets this requirement.
(4) 
Sign legibility.
(a) 
Sign faces should be simple, uncluttered, and easily readable.
(5) 
Sign design: lighting.
(a) 
Sign lighting may only use 1) internally illuminated or backlit letters or logos; or 2) exterior fixtures mounted above the sign.
(b) 
Sign lighting fixtures must be fully shielded, with the bulb not visible from a street or sidewalk.
(c) 
Sign lighting must meet outdoor lighting performance standards in the Town outdoor lighting law (Town Code Chapter 173). Sign lighting color temperature must be < 3000K (warm white).
(6) 
Wayfinding signs and kiosks.
(a) 
A group of property or business owners who want to start a wayfinding program in the Inlet Valley Overlay District may request a wayfinding plan and signage program, in coordination with the Town Board. Wayfinding signs and structures must follow a Town Board-approved design scheme, template, or pattern book that meets the spirit and intent of the Inlet Valley Overlay District design standards.
(7) 
Additional prohibited signs.
(a) 
These types of signs are prohibited in the Inlet Valley Overlay District, in addition to prohibited signs in Chapter 270 Article XXIX.
[1] 
Light box or sign cabinet signs.
[2] 
Signs on dome, waterfall, bullnose, and bubble style awnings.
(8) 
Nonconforming signs.
(a) 
Preexisiting commercial signs that do not comply with this section must be removed, or renovated or replaced to comply, by December 31, 2030.