§ 331-85.1. Fifth Avenue Overlay Zone (FA).

A. 

Purpose. The Fifth Avenue Overlay Zone is established to improve the function, aesthetics, and accessibility of Fifth Avenue, Potter Avenue, Pleasant Avenue, Plain Avenue, and other streets contained within the area bounded to the north by Fifth Avenue, to the east by the City limit line, to the south by the New York State Thruway, and to the west by Potter Avenue, so as to phase out nonconforming buildings and uses and to promote attractive commercial, light industrial, and mixed-use residential development, which will complement and be compatible with City Park. Specifically the following objectives are encouraged:

[Amended 11-15-2016 by Ord. No. 233-2016]

(1) 

Phase-out of incompatible, nonconforming uses:

(2) 

Assembly of existing smaller lots into larger lots to create full-depth commercial and light industrial parcels between Fifth and Plain Avenues and between Plain Avenue and Pleasant Street.

(3) 

Construction of attractive building facades along Fifth and Potter Avenues with off-street rear parking lots.

(4) 

Development of mixed commercial uses on ground and upper floors of buildings, such as but not limited to artisans, trades, workshops, and showrooms.

(5) 

Creation of off-street parking lots for shared parking between adjoining and neighboring principal uses.

(6) 

Elimination of curb cuts and driveways to Fifth and Potter Avenues.

(7) 

Application of enhanced street access, building design, off-street parking, landscaping, and buffering controls by the Planning Board to enhance the physical appearance of properties in the Fifth Avenue Overlay Zone.

(8) 

Creation of a mixed-use district that includes live-work space in accordance with § 331-72C and small-scale manufacturers.

(9) 

Development of multifamily residential uses not to exceed three stories.

B. 

Permitted uses. In addition to those uses permitted by right in the underlying LI Light Industrial District, the following use shall be permitted by right in the Fifth Avenue Overlay Zone:

(1) 

Self-storage facility, only if totally new construction.

C. 

Permitted uses on Fifth Avenue. In addition to those uses permitted by right in the underlying LI Light Industrial District, the following uses shall be permitted by right in the Fifth Avenue Overlay Zone, provided they front on Fifth Avenue or are located within 200 feet of the intersections of Fifth Avenue with Portman Road or Valley Place, respectively:

[Amended 11-15-2016 by Ord. No. 233-2016]

(1) 

Restaurants.

(2) 

Restaurants, carry-out.

(3) 

Banks.

(4) 

Health clubs.

(5) 

Self-service laundromats.

(6) 

Dry cleaners where no dry cleaning is performed on the premises.

(7) 

Multifamily apartment buildings.

(8) 

Mixed-use commercial/residential with dwelling units located on the second floor and above.

(9) 

Live-work units.

(10) 

Retail sales and service establishments.

D. 

Special permit uses. All the uses allowed as special permit uses in the underlying LI Light Industrial District shall be allowed as special permit uses in the Fifth Avenue Overlay Zone.

E. 

Street access, building design, off-street parking, landscaping, and buffering guidelines. The Planning Board shall, in its site plan review of applications, consider street access, building design, off-street parking, landscaping and buffering for all new construction and expansion of existing buildings in the Fifth Avenue Overlay Zone. In accordance with existing regulations, site plan approval is required prior to the issuance of a building permit for the construction or enlargement of any principal use and prior to the issuance of a certificate of occupancy for any change of use or occupancy, which would result in an increase in the requirement for off-street parking or loading spaces and for any parking lot created or altered in accordance with the provisions of Article XIV of this chapter. The Planning Board is authorized, in its sole discretion in exercising site plan approval authority, to require that buildings not be set back greater than five feet from front property lines along Fifth and Potter Avenues; to prohibit curb cuts and driveways and to require the underground siting of on-site utilities of all properties fronting on Fifth and Potter Avenues; to require additional buffering, landscaping, and screening for all properties in the Fifth Avenue Overlay Zone; to require additional architectural detailing, mansard roofs, and fenestration (albeit faux) of building facades that front Fifth and Potter Avenues; to restrict loading and delivery areas along Fifth and Potter Avenues; and to permit alternate locations for required off-street parking facilities in accordance with § 331-126E(3) herein. The Planning Board may also reduce the total number of off-street parking and loading spaces required for all properties in the Fifth Avenue Overlay Zone, where the applicant demonstrates to the satisfaction of the Board that the capacity of a shared-use facility will satisfy the purposes of this zoning ordinance by reason of variation in the probable time of maximum use by visitors, patrons, deliverers and/or employees.

F. 

Planning Board development incentives. In conjunction with site plan review of an application in the Fifth Avenue Overlay Zone located on a parcel of land containing not less than 10,000 square feet in gross site area, the Planning Board may, in its sole discretion, waive the front yard requirement on one of the two required streets for a through lot where the main entrance of the lot fronts on the street where the required front yard has been provided; increase the allowable floor area ratio (FAR) for such development from 1.0 to a maximum FAR of 3.25; increase the allowable building coverage from 60% to a maximum of 80%; increase the allowable impervious surface coverage from 90% to 100%; increase the allowable building height of two stories or 40 feet to a maximum of four stories or 55 feet in the underlying LI Light Industrial District, provided the proposed development shall achieve one or more of the following:

[Amended 5-20-2015 by Ord. No. 117-2015]

(1) 

Phase out nonconforming uses;

(2) 

Develop mixed commercial uses on ground and upper floors of buildings, such as but not limited to artisans, trades, workshops, and showrooms;

(3) 

Create off-street rear parking lots behind the buildings fronting onto Fifth and Potter Avenues;

(4) 

Create uses and structures that significantly increase the property and/or sales tax revenues benefiting the City and/or contribute to the creation of additional jobs, as compared to the existing uses and buildings on the site;

(5) 

Assemble existing smaller lots into larger lots to create full-depth commercial and light industrial parcels between Fifth and Plain Avenues and between Plain Avenue and Pleasant Street; and

(6) 

Provide other on-site or off-site public amenities and benefits which, in the opinion of the Planning Board, enhance the project or the neighborhood and outweigh any negative impacts created by the more permissive dimensional standards that may be granted by the Board.

G. 

Conflicts between the Fifth Avenue Overlay Zone and the LI Light Industrial District. In the event of conflict between the requirements of the Fifth Avenue Overlay Zone and the LI Light Industrial District, the requirements of the Fifth Avenue Overlay Zone shall control.

H. 

Mixed-use, multifamily residential, and live-work space in accordance with § 331-72C. To promote creation of a mixed-use district, mixed-use buildings, multifamily residential, and live-work space shall be permitted in the Fifth Avenue Overlay District. The following dimensional requirements apply to new construction of buildings that include commercial uses on the ground floor, such as, but not limited to, artisans, trades, workshops, and showrooms. Upper floors should include multifamily residential units and/or live-work space for artisans.

[Added 11-15-2016 by Ord. No. 233-2016]

(1) 

Dimensional Requirements.

(a) 

The maximum building height shall be 35 feet or three stories.

(b) 

The maximum permitted floor area ratio (FAR) shall be 1.0.

(c) 

The maximum permitted lot coverage shall be 35% for all buildings and 65% for all impervious surfaces.

(d) 

Minimum floor area per dwelling unit shall be 400 square feet plus 200 square feet per bedroom.

(e) 

Front yard setbacks shall be a minimum of 10 feet and a maximum of 25 feet.

(f) 

Rear yard setbacks shall be a minimum of 30 feet.

(g) 

Usable open space per dwelling unit shall be a minimum of 100 square feet.

Added 12-10-2002 by Ord. No. 229-2002