TOWN OF COLESVILLE
LOCAL LAW NO. 1 OF THE YEAR 2024
A LOCAL LAW REPEALING LOCAL LAW NO. 1 OF THE YEAR 2020, AND AMENDING THE LAND USE LOCAL LAW OF THE TOWN OF COLESVILLE
(LL 2-1984, AS AMENDED) TO ALLOW FOR MULTIPLE-USE AND
MIXED-USE PROPERTIES IN CERTAIN ZONING DISTRICTS
BE IT ENACTED by the Town Board of the Town of Colesville, as follows:
SECTION 1. Legislative Purpose and Intent.
The purpose of this Local Law is to address the longstanding issue of abandoned, blighted, undeveloped and/or underdeveloped property throughout the Town of Colesville by providing for the establishment of mixed-use properties within the Rural Agricultural and Commercial Zoning Districts, and by further providing for the establishment of multiple use properties in the Commercial and Industrial Zoning Districts. In doing so, the Town Board intends to encourage attractive, responsible land development by providing property owners with greater flexibility in how their properties may be utilized, while ensuring that proposed mixed or multiple uses on a single parcel will not cause a detriment to nearby properties.
SECTION 2. Authority.
This Local Law is adopted pursuant to Town Law § 264, which expressly authorizes Towns to adopt and amend local zoning laws and regulations.
SECTION 3. Repeal.
Local Law No. 1 of the Year 2020, entitled “Multiuse Local Law” is hereby repealed in its entirety.
SECTION 4. Amendment: Mixed Uses
The Land Use Law of the Town of Colesville, Broome County, New York (LL 2-1984) is hereby amended to add a new section 9.2, as follows:
9.2 Mixed-Use Properties in the Rural/Agricultural and Commercial Districts
This special use permit allows for the development of individual properties to include appropriate, mixed residential and commercial uses within the Rural/Agricultural District and the Commercial District of the Town, provided as follows:
A. The proposed mixed use satisfies all of the general criteria for issuance of a special use permit as set forth in section 9 of this Land Use Law.
B. The maximum permitted sign for any commercial use on a mixed-use property shall not exceed sixteen (16) square feet.
C. Such mixed use shall not create excessive traffic, noise, odors, hazardous emissions or other nuisances detrimental to the character of the surrounding neighborhood.
D. The parcel sought to be developed as a mixed use property is suitable to support the proposed combination of residential and commercial uses, by virtue of the property’s location within the Town, its topography, the preexisting structures on the property, or any other factor that the Board of Appeals may find relevant.
E. In no event shall a mixed-use property in the Rural/Agricultural District include the following commercial uses:
1. Sawmills
2. Mineral Extraction
F. All proposed mixed-use properties are additionally subject to Planning Board site plan review and approval.
SECTION 5. Amendment: Multiple Uses
The Land Use Law of the Town of Colesville, Broome County, New York (LL 2-1984) is hereby amended to add a new section 9.3, as follows:
9.3 Multiple-Use Properties in the Commercial and Industrial Districts
This special use permit allows for the development of individual properties to include two or more allowable uses on a single parcel within the Commercial District or the Industrial District, provided as follows:
A. The proposed multiple uses satisfy all of the general criteria for issuance of a special use permit as set forth in section 9 of this Land Use Law.
B. The multiple uses proposed for an individual parcel are presently allowable uses in the Zoning District in which they are proposed.
C. The proposed multiple uses are clearly compatible. For purposes of this section 9.3, “clearly compatible uses” are uses that do not have potential negative impacts on public health and safety, the environment, or the use and quiet enjoyment of neighboring properties. Such potential negative impacts include, but are not limited to, excessive traffic, noise, odors, hazardous emissions, unreasonable hours of operation or other nuisances detrimental to the character of the surrounding neighborhood.
D. Compatible uses may be allowed within one building and/or in separate buildings on the property or parcel.
E. All proposed multiple-use properties are additionally subject to Planning Board site plan review and approval.
SECTION 6. Severability.
The provisions of this Local Law are severable and if any provision, clause, sentence, subsection, word or part thereof is held illegal, invalid, unconstitutional, or inapplicable to any person or circumstance, such illegality, invalidity or unconstitutionality, or inapplicability shall not affect or impair any of the remaining provisions, clauses, sentences, subsections, words, or parts of this local law or their application to other persons or circumstances. It is hereby declared to be the intent of the Town Board that this local law would have been adopted if such illegal, invalid, or unconstitutional provision, clause, sentence, subsection, word or part had not been included therein, and as if such person or circumstance, to which the local law or part thereof is held inapplicable, had been specifically exempt therefrom.
SECTION 7. Effective Date.
This Local Law shall take effect immediately upon filing with the New York State Secretary of State in accordance with Section 27 of the Municipal Home Rule Law.
