Local Law No. ___ of 2015
TOWN BOARD OF THE TOWN OF NEW CASTLE
A Local Law to Amend Chapter 60
of the New Castle Town Code
Regarding Permitted Uses in the BRO-20 Zoning District, Floor Area
in the Office Park Retail Overlay
District and Affordable AFFH
Model Ordinance Units.
BE IT ENACTED, by the Town Board of the Town of New Castle, as follows:
Section 1.
Chapter 60, Section 410, Subsection B of the New Castle Town Code,
“Schedule of regulations for business and industrial districts,” is hereby amended at 60
Attachment 4:1 Ҥ60-410B. Schedule of regulations for business and industrial districts. Use
Regulations – Part 1,” to amend the uses permitted in the B-RO-20 District as follows:
[CHART TO FOLLOW ON PAGE 2]
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TOWN OF NEW CASTLE
§ 60-410B. Schedule of regulations for business and industrial districts. Use Regulations --Part 1
District
B-RO-20
Research
and Office
Business
(20 acres)
The following are the only uses permitted in business or industrial districts. All uses not listed shall be deemed to be
prohibited. Permitted uses are subject to any notes where indicated, and no use shall have any of the characteristics
prohibited by § 60-420B(3). Restaurants and Carry-Out Restaurants shall not be subject to the approval procedure
set forth in § 60-430. A use marked with a # is subject to development plan approval procedure set forth in § 60-440.
Permitted Accessory Uses (only
in conjunction with a permitted
Permitted Principal Uses
principal use)
#1. Business and professional offices, including administrative, scientific, medical,
#1. Buildings and uses immediately
engineering, training, statistical, financial and similar activities in connection with
and exclusively accessory to the
such use. [See § 60-430O(3).]
principal uses permitted on the site,
#2. Research and development laboratories, provided that there shall be no
including automobile parking
manufacturing or fabrication of products for sale, except for a small number of plot
facilities, storage and maintenance
or experimental models. [See § 60-430O(3).]
of motor vehicles and other
#3. Utility structures for the transmission, storage and/or treatment of water and
equipment, central heating and
sewage. For aboveground structures the minimum setback from all property lines
power plant, solar energy
shall be 50 feet. The Planning Board may increase or decrease such setback
collectors, storage of documents
requirements on individual properties by up to 50% based upon consideration of
and other properties, training
topographic conditions, the nature of adjoining uses, existing vegetation and other
schools for employees, guest
screening. Buffer screening shall be provided in accordance with § 60-420D(2).
lodges for transient accommodation
# 4. Structurally mounted wireless telecommunications services facility (minor). [See
of guest and visitors of the
§60-430O(14).]
occupants of the building, living
*5. Structurally mounted wireless communication services facility (major), monopole
quarters for a custodial or caretaker
and tower, subject to issuance of a special permit by the Planning Board in
of the building or buildings and the
accordance with the provisions of § 60-430O(14).
following uses where necessary for
6. The adaptive reuse of the two uppermost floors of commercial buildings in existence the comfort, convenience and
as of January 1, 1942 for residential use in accordance with § 60-220 or its
exclusive use of the building
successor, provided the following requirements are satisfied: (a) one off-street
occupants:
parking space shall be provided per dwelling unit no greater than 250 feet from the (a) Clinics, cafeterias, banks, post
building in which the dwelling units are located and if such parking area is not
offices, retail trade and service
located on the same parcel an easement or other recordable document securing the
uses, when conducted within a
parking area for such use shall be submitted in a form satisfactory to the Town
principal building.
Attorney. If any spaces are grouped together, the nearest one shall be located no
(b) Recreation facilities, provided
greater than 250 feet from the building; (b) X square feet of open space, which
that all such necessary buildings
shall include a patio, courtyard, playground or similar amenity, no great than 100
and uses shall be planned as an
feet from the building in which the dwelling units are located; (c) the building shall integral part of the building
have a central location for mailboxes; and (d) refuse and recycling receptacles
development and located on the
shall be located within a building with proper ventilation and odor control, or
same lot with the building or
within outdoor enclosures screened with fencing or vegetation.3
buildings to which they are
accessory; provided, however, that
nothing herein shall be construed to
permit the erection of multiple
dwellings within the district.
(c) Radio or television towers, dish
antennas or radar screens,
excluding wireless
telecommunication services
facilities.
2. The following signs, as
permitted by § 60-410D(13):
(a) 1 Type (c) sign for each
principal building.
(b) 1 Type (d) sign for each street
frontage where there is an active
entrance drive.
(bc) Type (f) signs.
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NOTES:
1.
2.
3.
Former B-2 Zoning District Map.
Editor’s Note: Former accessory use (b), Type (j) sign for a service station, was repealed 6-22-1983 by L.L. No. 5-1983, which
local law also redesignated former use (c) and use (b).
Subject to referral to the Planning Board by the Building Inspector. Within 30 days after referral by the Building Inspector to the
Planning Board, the Planning Board shall render a report to the Building Inspector with its recommendations regarding planning
considerations associated with such use and the Building Inspector, at his sole discretion, may require the Applicant to incorporate
the recommendations into the proposed plans either prior to the issuance of a Building Permit or prior to the issuance of a
Certificate of Occupancy as such timing may be appropriate based on the recommendation(s).
60 Attachment 4:1
Section 2. Chapter 60, Section 360.8.3, Subsection A entitled, “Floor areas,” is hereby
amended as follows:
§60-360.8.3. Floor areas.
A. The maximum aggregate floor area in an Office Park Retail Overlay District shall not
exceed 120,000 square feet, and the maximum occupied aggregate research and office
business floor area in the non-overlay portion of the Office Park District for all uses shall
not exceed 500,000 square feet.
B. 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.
C. The minimum floor area occupied by a single use in an Office Park Retail Overlay
District shall be 1,500 square feet. Other than the full-service grocery store required by § 60360.8.4 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.
Section 3. Chapter 60, Section 220, Subsection E, entitled “Unit appearance and
integration,” is hereby amended as follows:
E. Unit appearance, integration and aggregation.
(1) Within a single-family residential development, a model ordinance provisions affordable
AFFH unit may be a single-family home or incorporated in a two-family home.
(a) A single-family model ordinance provisions affordable AFFH unit may be located
on a lot meeting 75% of the minimum lot area for a single-family residence in the
residential development.
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(b) A two-family home incorporating a model ordinance provisions affordable AFFH
unit may be located on a lot meeting the minimum lot area for a single-family
residence in the residential development.
(c) All model ordinance provisions affordable AFFH units shall be indistinguishable
in appearance, siting and exterior design from the other single-family residences in
the residential development, to the furthest extent possible. Interior finishes and
furnishings may be reduced in quality and cost to assist in the lowering of the cost of
the model ordinance provisions affordable AFFH units.
(2) Within a multifamily residential development, all model ordinance provisions affordable
AFFH units shall be physically integrated into the design of the multifamily development
and shall be distributed among various sizes (efficiency, one-, two-, three-, and fourbedroom units) in the same proportion as all other units in the multifamily development.
(a) The model ordinance provisions affordable AFFH units shall not be
distinguishable from other units from the outside or building exteriors.
(b) Interior finishes and furnishings may be reduced in quality and cost to assist in the
lowering of the cost of the model ordinance provisions affordable AFFH units.
(3) (a) Notwithstanding anything to the contrary contained in this Chapter, where a
commercial building in existence as of January 1, 1942 is adaptively reused for residential use
in the B-RO-20 District and such adaptive reuse is part of a multifamily development
component of a larger development in a campus-like setting, (i) model ordinance provisions
affordable AFFH units are not required to be physically integrated with market rate units
and (ii) the affordable AFFH units may be located on a separate parcel from the market rate
units provided such parcel is within 750 feet from the market rate units.
(b) Under such circumstances, (i) the number of market rate units and model ordinance
provisions affordable AFFH units for the entire development may be aggregated for
purposes of determining compliance with the requirement that no less than 10% of the
residential units in a multifamily development of ten or more units must be created as model
ordinance provisions affordable AFFH units; (ii) the exterior of the model ordinance
provisions affordable AFFH units are not required to match the exterior of the residential
dwelling units located in the larger development; (iii) the model ordinance provisions
affordable AFFH units are not required to be at least 80% of the average floor area of units
or match the bedroom distribution of the larger residential development so long as the size
of the model ordinance provision affordable AFFH units are no less than the minimum
gross floor area set forth in section F below.
Section 4. Severability. The invalidity of any work, section, clause, paragraph, sentence,
part or provision of this local law shall not affect the validity of any other part of this local
law that can be given effect without such invalid part or parts.
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Section 5. Effective Date. This local law shall take effect immediately upon filing in the
office of the Secretary of State of New York in accordance with the provisions of the
Municipal Home Rule Law.
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