Proposed Zoning Ordinance Town of Allegany Proposed Zoning Ordinance Zoning ordinance changes consists of changes to both the text and the zoning map. Several reasons for updating the Zoning Ordinance. The current ordinance was adopted in 2000, 15 years ago, and some provisions were outdated. Some updates were made to reflect current best practices and to reflect new types of activities that were not anticipated in 2000, such as the resurgence in brew pubs and micro-breweries. Some revisions were made to remove inconsistencies in the ordinance, and to improve clarity and for ease of use by Town staff, officials, and the public. Another reason for the revisions is to bring the Zoning Ordinance into compliance with recommendations in the Town's 2011 Comprehensive Plan. I want to briefly summarize some of the major substantive changes.

Zoning Districts R-1 Single Family Residential A-F Agricultural Forestry C-1 Local Commercial C-2 Highway Commercial I-1 Light Industrial I-2 Heavy Industrial C-F Community Facilities The Ordinance establishes several zoning districts, which are intended to allow compatible uses to be located in the same district. The proposed ordinance maintains the same Zoning districts as the current law, except that R-2 multiple family district that is proposed to be eliminated. Areas now within R-2 will be zoned R-1.

Zoning Districts F-O Floodplain Overlay District CO-1 Rte. 417 East Corridor Overlay District CO-2 Rte. 417 West Corridor Overlay District P-D Planned Development District 3 overlay districts: areas where there are 2 zoning districts. the basic regulations are governed by the underlying district (such as the C-1) commercial district, but there are some special regulations that apply throughout the overlay district. pD district is a flexible zoning district that allows for a mix of uses that might otherwise not be allowed in the same district, requires town board approval.

Article IV. Use Regulations Schedule A: Land Uses Lists all land uses that are permitted or permitted with a Special Use Permit, in each zoning district. If a land use is not listed in Schedule A, it is not permitted in the Town [Section 4.02(B)] Article 4 contains zoning regulations that apply to all new development in the Town. The zoning map designates areas of the town by zoning district and Article 4 lists the land use and dimensional regulations that apply in each zoning district. Schedule A is a table that lists the land uses that are allowed in each district. The Table has been completed reviewed and reorganized. Ordered by type of land use for ease of use. List of uses is intended to be very inclusive, and also to allow some room for interpretation by ZBA.

Article IV. Use Regulations Schedule B: Dimensional Regulations Lists minimum dimensional regulations, such as setbacks from property lines for buildings, minimum lot size, and maximum height, for each zoning district. No major substantive changes were made to the dimensional regulations, except that height limit in the C-f district was increased from 45 feet to 60 ft.

Article II. Definitions Contains a definition for all the land uses listed in Schedule A Contains definitions for other, non-common terms used in the ordinance. Definitions were updated. Were extensively revised to ensure that all terms used in Schedule A were defined, and that the term used was the same in both places.

Article V. Supplementary Regulations Regulations for specific types of land uses, in addition to the general standards in Article IV, such as Telecommunications Facilities, Mining and Home Occupations. Parking standards Sign Regulations Additional dimensional regulations This chapter contains a variety of regulations, some of which only apply to for specific types of land uses, such as cell towers (Telecommunications Facilities). Other standards, such as parking and signs, apply throughout the town. The chapter also includes additional dimensional regulations, such as exceptions to the maximum height standards for certain types of land uses, such as spires and cupolas

Home Occupations Proposes a two-tiered system, in which home occupations with minor impacts are permitted, while those with potentially greater impacts are allowed with a special use permit. Allows the home occupation to be conducted either in an accessory building or in the residence. Limits Home Occupations to 2 per lot, not to exceed 25% of the gross floor area of the home. Home occupations are commercial enterprises that are conducted for profit from one’s home. This is a new section in the zoning ordinance. Current regulations for home occupations are only located in the definition, and are not very clear. Also currently home occupations are permitted in the A-F district, but they require a special use permit, issued by the planning board, in the R-1 district. This does not take into consideration the potential impact of the types of home occupations. Proposed zoning ordinance proposes a 2 tiered system, whereby home occupations with minor impacts are allowed ; others require a special use permit. Implements a goal of the comprehensive plan, to allow more small-scale economic activity, that is compatible with residential use of the property. As more and more people use computers, and work from home, need to update these regulations.

On-Premises Sign Regulations Calculation of the maximum size for wall signs was changed to allow larger signs on larger buildings, without the need to obtain variances. More than one wall sign on a building façade will be allowed, provided the overall sign area is not exceeded. Sign regulations were extensively revised. Contains a list of signs that are exempt from the regulations, such as temporary signs that are 24 sq. feet or less in size. Includes measurement rules. New schedule C for on-premises signs, which are signs that advertize a business or other location on the same site that the sign is located.

Electronic Graphic Display Signs New regulations were added to address this type of sign. Provides regulations on brightness Provides regulations on how often signs can change. Video signs (constantly moving) are not allowed. Electronic displays limited to 50% of sign area. Electronic billboards would be allowed.

Off-Premises Signs Two types of off-premises signs would be allowed. Outdoor advertizing signs, up to 40 sq. feet in area, allowed in A-F and C-1 zoning district. Billboards, over 40 sq. feet in area, allowed in A-F zoning district. Off-premises signs are those that advertize activities or businesses not on the same site as the sign. Two types are distinguished by their size.

Telecommunications Facilities New exemption added for changes to antennas and other equipment on existing cell towers, in accordance with recent federal legislation.

Townhouses and Multiple Dwellings Maximum of 6 units per acre Requirement that the development must be connected to municipal water supply and sanitary sewage disposal systems. Requires a minimum lot size of two acres for any development. New section- pulls together some existing standards into one location.

Commercial WECS Standard for the maximum allowable increase in sound level was changed to a standard not to exceed 40 decibels, measured at the exterior of residences and other noise sensitive properties. Maximum allowable height increased from 497 feet to 500 feet. Wind Energy Conversion Systems, or wind turbines. The noise standard would apply town wide, where the current standard only applies within 2500 feet of the wind turbine. The Changes in audible sound standards also made in non-commercial WECS.

Article VI. Non-Conforming Uses Proposed regulations, if adopted, will only apply to new development. If any current use of a property becomes non-conforming, it is “grandfathered.” Allows buildings that are damaged to be replaced/repaired within one year. Allows replacement of a non-conforming mobile home with another non-conforming home. Article 6 addresses non-conforming uses, lots and buildings Grandfathered means that it is allowed to continue, provided it was legally created. Article 6 addresses these legal, non-conforming uses. These provisions were liberalized; ie.e made less restrictive. Currently the section on “restoration” in the current law requires that building that is damaged by more than 75 % of its value to only be rebuilt if it becomes conforming—i.e. to the setbacks now in existence. The proposal would allow the restoration of any building, regardless of the amount of the damage, in the same footprint. Mobile home replacement- provided new home is the same size or larger and meets current building code requirements.

Administrative Chapters Article VII. Administration Article VIII. Special Use Permits Article IX. Site Plan Review Article X. Enforcement, Penalties and other Remedies Article XI. Amendments Administration, currently Administration and Enforcement. The enforcement provisions were moved to Article X, Administration and enforcement. Process for site plan and special use laid out in state law. Also amendment process. Not changed materially, but reorganized to hopefully make it easier to understand. Definitions were completely reviewed and revised.

Next Steps Planning Board will recommend the draft Zoning Ordinance to the Town Board. Town Board will hold a public hearing. Town Board conducts SEQR review on the draft Ordinance. Town Board makes the determination whether to adopt the revised Zoning Ordinance.