§ 331-79. INST Institutional Floating Zone.

See § 331-28D(2).

A. 

Purpose. The intent of this district is to ensure the comprehensive and planned future growth and orderly development of the major educational institutions within the City.

B. 

Eligibility. INST District zoning for eligible parcels may be approved and applied by the City Council on petition of the property owner. (See Subsection E.) The following are the minimum requirements for establishing the eligibility of any property for Institutional District zoning (INST):

(1) 

The institution shall be a not-for-profit corporation.

(2) 

The institution shall be chartered by the Board of Regents of the State of New York and be operated in accordance with the requirements of the New York State Education Department.

(3) 

All the properties which are owned by the institution in the City, which are integral to the educational function of the institution, and which consist of and/or are related to the campus of such institution, shall be included in the proposed Institutional District designation.

(4) 

The minimum parcel size shall be five acres.

C. 

Permitted uses.

(1) 

Permitted principal uses:

(a) 

Universities, colleges and private schools.

(2) 

Permitted accessory uses:

(a) 

Uses and structures which are clearly incidental and customarily accessory to the permitted principal use on the lot on which it is located.

(b) 

Business and professional offices.

(c) 

Indoor and outdoor recreation facilities.

D. 

Development standards. The following standards are hereby established as the minimum/maximum requirements, as the case may be, but may be made more restrictive, where such act is determined appropriate, based upon consideration of the particular circumstances of the individual application and its ability to satisfy the purposes of the INST District, as set forth in § 331-79A hereof.

(1) 

Maximum dimensional requirements:

(a) 

The maximum permitted floor area ratio shall be 0.70 for the entire campus, of which not more than 0.30 shall be allowed for residential use.

(b) 

The maximum building height shall be the same as the underlying zoning district. Additional building height may be allowed, but in no case shall the maximum height exceed the distance from such proposed building to the nearest perimeter lot line, as indicated on the master site plan.

(c) 

The maximum lot coverage shall be 25% for buildings, and 40% for all impervious surfaces.

(2) 

Minimum dimensional requirements:

(a) 

Outdoor playing fields shall be set back from neighboring streets and property lines a minimum of 50 feet and shall be screened from public view with fencing and/or buffer landscaping, all in accordance with a plan as determined adequate by the approving agency.

(b) 

The minimum yard setbacks for nonresidential uses from all perimeter residential lot lines shall be 60 feet.

(c) 

The minimum distance between buildings shall be determined as part of the application review process. In no case shall such spacing be less than 25 feet or the average height of the two buildings, whichever requirement is more restrictive.

(d) 

Parking and loading. The minimum off-street parking and loading space requirements shall be determined by the approving agency based on consideration of at least the following: gross floor area; expected number of students and staff; capacity of classrooms, laboratories and places of public assembly; scheduling of classes; availability of public transit; availability of public parking in the immediate area; and expected number of students to reside on campus.

E. 

Procedure. INST District zoning for eligible parcels (See Subsection B.) may be approved and applied by the City Council on petition of the property owner. The City Council will be designated as the lead agency for compliance with the New York State Environmental Quality Review Act (SEQRA).

(1) 

Preliminary master site plan. In the case of an application of a property owner requesting the establishment of an INST District, the applicant shall submit a preliminary master site plan of the proposed development concept showing all proposed buildings and uses on the site, proposed building spacing and yard setbacks, the proposed location and design of all streets, driveways, parking lots, screening, landscaping, open spaces and recreation areas, proposed architectural features of all buildings, the relationship of the proposed development to adjacent land uses, and such other information as the City Council may determine to be reasonably related to the health, safety and general welfare of the community. Such plans shall be accompanied by a brief analysis, in written form, explaining the proposed development concept, and the planning purposes of Subsection A. The written analysis shall address how the proposal benefits the City and how the development will impact the surrounding neighborhood.

(2) 

Planning Board referral. The City Council may refer any such application to the Planning Board which shall report to it as to whether the establishment of such a zone would be in accordance with the standards contained herein and would be of benefit to the City by satisfying the intent and purposes as set forth in Article I hereof. Upon receipt, the Planning Board shall refer a copy of the proposal to other City boards, agencies, and departments as it determines to be appropriate for their review and comment. A notice of the proposal shall also be mailed to all neighborhood associations within the City, which are currently on file in the Office of the City Clerk.

(3) 

Preliminary meeting. The applicant and the licensed professional preparing the preliminary master site plan shall attend a preliminary, informal meeting with the Planning Board for the purpose of presenting and discussing this proposal. All neighborhood associations, as defined in Subsection E(2) above, and all property owners within 250 feet shall be notified of such meeting by the applicant at least 10 days in advance.

(4) 

Report and recommendation. Following completion of its review, the Planning Board shall prepare and submit its report and recommendations to the City Council on at least the following:

(a) 

The establishment of such a zone would be in accordance with the standards contained herein; and

(b) 

Would be of benefit to the City by satisfying the intent and purposes of this chapter as set forth in Article I hereof.

(5) 

Public hearing. Upon receipt of the report and recommendations of the Planning Board, the City Council shall schedule and hold a public hearing to solicit public input. Notice of the public hearing shall be published on at least two different dates in the City's official newspaper, the first publication to be not less than five nor more than 30 days prior to the date of the hearing. In addition, the neighborhood association(s) shall be notified as required in Subsection E(5). A copy of such notice, with proof of mailing, shall be filed in the City Clerk's office by the applicant on or before the date of the public hearing.

(6) 

Council action. Following the close of the public hearing and completion of the SEQRA process, the City Council shall act to approve the proposed rezoning in conformance with the proposed preliminary master site plan, either with or without modifications, or shall disapprove the application. In the event of its approval, notification of the action taken and copies of all application materials shall be forwarded to the Planning Board for its further review and action, as appropriate.

(7) 

Any amendment to the approved preliminary master site plan shall follow the same procedure as set forth above.

F. 

Site plan approval. Prior to any construction within an INST District, application shall be made for site plan approval by the Planning Board for all or portions of the approved preliminary master site plan.

(1) 

Referrals for review and report. The Planning Board shall refer the site plan application for review and report to other boards, agencies and officials of the City which it deems appropriate.

(2) 

Public meeting. The Planning Board shall schedule a public meeting on the proposed site plan within 62 days of the date of its receipt of a complete application in proper form and in compliance with all SEQRA requirements. Notice of the public meeting shall be as required by local law.

(3) 

Planning Board action. Within 62 days of the close of the public meeting, the Planning Board shall act either to approve, with or without modifications, or disapprove the proposed site plan. The Planning Board decision shall be based upon the requirements of the City Council rezoning approval, the purposes, standards and regulations of the INST District and the requirements of SEQRA. Approval shall be required prior to the issuance of any building permit or certificate of occupancy within the INST District.

(4) 

Any amendment to the approved site plan shall follow the same procedure as set forth above.