A. Pre-application meeting. All mixed-use proposals require a pre-application meeting with the Town prior to their formal consideration before any board of the Town.
B. Application. Applications for proposed mixed-use development and redevelopment within the mixed-use overlay districts shall be submitted to the Director of Engineering and Planning for distribution for review by the appropriate boards.
C. Special permit required. No mixed use shall be constructed or altered until a special permit has been granted by the Town Board for such mixed use after a public hearing in accordance with the procedures set forth in this article and in Article
XII of this chapter. The special use permit shall be approved based upon a concept plan. The mixed use shall be developed in accord with, and shall not be developed in a manner materially inconsistent with, the concept plan submitted with the special use permit application. Should the mixed use be proposed to be developed in a manner inconsistent with the concept plan, it shall be required to first obtain an amendment to or new approval of its special use permit. Moreover, where a component use is indicated as requiring a special permit, it, too, shall require a special permit distinct from the mixed-use special permit.
D. Site plan review required. All mixed uses shall be required to obtain site plan approval by the Planning Board pursuant to the provisions at §
295-60 of this chapter and any additional applicable provisions herein, except that site plan review shall not be required for alterations or redevelopment that do not require a building permit or do not result in a change in use (but shall nonetheless be required where there is a change in the component use category of a use or where a building permit is required for such alterations or redevelopment). No site plan approval shall be issued until a special permit for the mixed use is approved. The site plan shall be consistent with the special permit, including with the concept plan submitted as part of the special use permit. If the site plan proposed is inconsistent with the special permit, including the concept plan, the Planning Board shall require the applicant to amend or apply anew for a mixed-use special permit.
E. Underlying district applicability. Mixed-use overlay districts are superimposed over the existing underlying zoning districts and do not replace the underlying zoning districts. Instead, both the overlay districts and the underlying zoning districts exist and apply simultaneously to the lands over which they are zoned. A parcel within a mixed-use overlay district may be developed either as a mixed use in accordance with this article, or otherwise in accordance with the underlying zoning district regulations, but not both.
F. Alterations to mixed uses. In addition to new construction, the standards herein shall also apply to existing mixed uses upon either construction of a new building a part of an existing mixed use or upon alteration or redevelopment of an existing mixed use requiring a building permit or resulting in changes in the component use category of a use.
G. Conversions. Conversions of existing buildings, such as former hotels, motels, industrial buildings, schools and retail establishments, into mixed-use buildings shall require full review under this chapter. Development plans for such conversions shall require certification by a licensed professional engineer that such buildings and utilities are structurally sound and of sufficient size and capacity, and safety and security will not be impaired by conversion. Any such conversions shall require both site plan and special use permit review pursuant to this article.
H. Multiple-dwelling requirements. Where a component of a mixed use includes multiple dwellings, such multiple-dwelling use shall be additionally subject to the multiple-dwelling requirements a part of this article, but not subject to the Article
V requirements relating to multiple dwellings. Where a multiple dwelling is sought outside of a mixed-use project (in an underlying zoning district), it shall be subject to the Article
V requirements but not the multiple-dwelling requirements in this article.
I. Mixed-use project and site design guidelines further articulate the intended design for specific areas of the Town contained within the boundaries of the mixed-use overlay districts. Such guidelines shall be assessed and applied by the Planning Board during its site plan review, and also by the Town Board during its special use permit review where relevant, and shall be complied with to the maximum extent feasible.
J. Conflicts. This article applies to mixed uses proposed in a mixed-use overlay district. If a proposal is for a non-mixed use in an underlying district, even if a mixed-use overlay is present, the underlying district regulations shall apply. If a conflict still exists between this article and any other article or section of the Henrietta Town Code or this chapter, the requirements which are more restrictive on development shall take precedence and be applied.
K. Multiple parcels. Where multiple parcels are proposed as part of a single mixed-use proposal, it is preferred that they be combined into a single parcel. Otherwise, multiple parcels a part of a single mixed use shall be treated as a single parcel (referred to as a "composite mixed-use parcel") for purposes of zoning, and together shall be required to obtain a single special use permit for the proposed mixed use, which shall bind all parcels as part of such single mixed use. Even though it comprises distinct parcels, said composite mixed-use parcel shall be treated as a single parcel for purposes of zoning and specifically for purposes of comprising a mixed use. As such, setbacks and buffers to the internal lot lines of the subparcels a part of the composite mixed-use parcel shall not apply. Cross easements and other such agreements may be required in the case of a composite mixed-use parcel.
L. Subdivision of a mixed use. A mixed use (whether fully or partially constructed) may only be subdivided where the resulting subdivided parcels are Code-compliant and would comprise either i) permissible and Code-compliant uses pursuant to the underlying zoning district and/or ii) permissible and Code-compliant mixed uses per this article, and/or iii) in the case of a composite mixed-use parcel, the resulting parcels would together comprise a Code-compliant mixed use.
M. Phasing. The development and construction of a mixed use may be phased, but only pursuant to a phasing plan approved as part of the special use permit process. The phasing plan shall detail the proposed timing and dates of construction of utilities, buildings, each component use and infrastructure, and shall also detail site work, stripping, seeding, etc., and protect against removing vegetation and/or leaving land bare for lands that will not be immediately developed. Failure to complete construction consistent with the phasing plan shall be a violation of this chapter, subject to fines and enforcement, unless the owner/applicant can provide to the Town Board justification for any delay. Upon such justification, the Town Board may approve an extension.
N. Security. Pursuant to the Town Code at Chapter 245, Subdivision of Land, §
245-3F, a letter of credit or other security acceptable to the Town Engineer shall be provided to secure the construction of all facilities to be dedicated to the Town, including but not limited to sewer, water and roads.
O. Composite mixed-use parcels. Any material alterations, changes or development to a subparcel a part of a composite mixed-use parcel shall require the consent of all other parcels a part of the composite mixed-use parcel, particularly if it changes the nature of the mixed use or if it changes the percentages of mixed-use components. Subparcels a part of a composite mixed-use parcel may only be altered, changed or developed in a manner such that:
(1) The composite mixed-use parcel continues to comprise a Code-compliant mixed use; or
(2) If a change would render the composite mixed-use parcel no longer a mixed use, all of the subparcels a part of the composite mixed-use parcel stand on their own as either:
