[HISTORY: Adopted by the Board of Trustees of the Village
of Williamsville 10-24-2011 by L.L. No. 3-2011.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Fences — See Ch. 25.
Fire prevention and building code administration — See
Ch. 28.
Flood damage prevention — See Ch. 31.
Historic preservation — See Ch. 47.
Landscaping — See Ch. 57.
Signs — See Ch. 84.
Swimming pools and hot tubs — See Ch. 93.
Trees — See Ch. 101.
Attachment 1 - R-3M District Design Standards
Attachment 2 - Mixed Use District Design StandardsAttachment 3 - NMU District Design StandardsAttachment 4 - Sample Storm Control Facility Maintenance Agreement
Attachment 2 - Mixed Use District Design StandardsAttachment 3 - NMU District Design StandardsAttachment 4 - Sample Storm Control Facility Maintenance Agreement[1]
Editor's Note: This local law also repealed former Ch. 112,
Zoning, adopted 6-25-1990 by L.L. No. 12-1990, as amended.
The comprehensive zoning plan set forth in the text and maps
which constitute this chapter is adopted in order to promote and protect
public health, safety, comfort, convenience, prosperity and other
aspects of the general welfare by providing adequate light, air and
convenience of access; preventing undue concentration of population
and overcrowding of land; preventing congestion in the streets; securing
safety from fire, flood, panic and other dangers; and facilitating
adequate provision for transportation, water, sewerage, schools, parks
and other public requirements. These regulations are made with reasonable
consideration, among other things, to the peculiar suitability of
each district for particular uses, with a view to encouraging the
most appropriate use of land throughout the Village and conserving
the value of buildings and lands therein.
As used in this chapter, the following terms shall have the
meanings indicated:
A dwelling unit that is self-contained, including separate
kitchen facilities, incorporated within an existing one- or two-family
dwelling.
The activity of an active farm, including grazing and watering
livestock, irrigating crops, harvesting crops, using land for growing
agricultural products, and cutting timber for sale, but shall not
include the operation of a dude ranch or similar operation, or the
construction of new structures associated with agricultural activities.
An air-supported structure of plastic or other material of
rigid or nonrigid construction, whether or not the same is permanently
affixed or anchored to the ground or some other permanent base.
Narrow supplementary public thoroughfare for the use of vehicles
or pedestrians, affording access to abutting property.
See § 15-2.
[Amended 6-28-2021 by L.L. No. 1-2021]
Includes dogs and cats, as well as other common household
pets, such as fish, hamsters, gerbils and birds, which are maintained
indoors.
A property owner or agent of a property owner who has filed
an application for a land development activity.
The Planning/Architectural Review Board and the Zoning Board
of Appeals shall determine appropriateness based on the consistency
of the proposed action with the spirit and intent of the Zoning Code,
and substantive compliance with all relevant chapters of the Village
Code.
A room, building, or group of buildings where art is produced
or studied.
A roof-like protective cover of canvas or other flexible
material over a door, entrance, window or outdoor service area that
projects from the facade of a structure.
An establishment primarily engaged in the sale and service
of alcoholic beverages for on-premises consumption as permitted by
the New York State Liquor Authority. The incidental sale or provision
of food or snacks shall not entitle such a use to be considered a
restaurant under other provisions of this code. Synonyms include:
tavern; saloon; barroom; pub; watering hole; drinking hole; gin mill;
tap room.
An owner-occupied residence in which rooms are rented to
transient, paying customers, for a period of four or fewer continuous
days, with no more than four guest rooms, with a maximum occupancy
of two persons per room, without cooking facilities in guest-occupied
rooms and without food service, except meals served before 12:00 p.m.
A mound of earth, artificially created as part of a landscaping
or architectural scheme, rising significantly above the surrounding
natural terrain.
A building, other than a motel or hotel, wherein fewer than
three unrelated persons are located for compensation, either transiently
or as permanent residents.
A combination of physical space and vertical elements, such
as vegetation, berms, fences or walls used to visually and physically
separate and screen incompatible land uses from each other and/or
to protect significant environmental features. See "screen."
See § 15-2.
[Amended 6-28-2021 by L.L. No. 1-2021]
See § 15-2.
[Amended 6-28-2021 by L.L. No. 1-2021]
A structural expansion of the footprint or height of an existing
building.
The entire area contained within a building, inclusive of
nonleaseable or utility space. Essentially, the footprint of the building
on the building lot, measured in square feet.
The area of a building directly above grade to a line typically
at or below three feet above grade. The delineation of this interface
assists in anchoring the building facade to the ground plane, and
provides an orderly transition of building components.
An inward-projecting corner where two walls meet.
An outward-projecting corner where two walls meet.
The primary location from which patrons, tenants, visitors
and the general public may enter or exit the building or, in the case
of multitenant buildings, each separate ground floor space that fronts
a public street. Utility and loading doors shall not be constituted
as principal entrances unless they serve a dual purpose as such.
[Amended 12-12-2016 by L.L. No. 8-2016]
A building entry primarily utilized on commercial building
storefronts which steps a portion of the building storefront into
the structure a distance typically ranging from two feet to six feet,
thereby creating a small and noticeable void along the building frontage
and a pronounced and well-defined space outside of the principal building
entry.
Any entry point with restricted access and not utilized as
a primary means to access habitable or leasable space within a building.
An entrance utilized by multiple building tenants or occupants
to access common areas and internal corridors within the building.
Any building frontage:
All other building frontages not defined as a primary building
facade.
That portion of a building facing a property boundary. The
terms "frontage," "fronting," and "façade" shall be considered
synonymous.
Glass windows that provide transparency into the building
or structure.
Any building in which more than one use classification is
incorporated.
A permanent component of the building facade which extends
beyond the plane of the building, typically to provide shelter for
entrances, dining areas, or windows. A building overhang differs from
an awning (defined herein), in that overhangs are typically clad in
solid surface materials.
See § 15-2.
[Amended 6-28-2021 by L.L. No. 1-2021]
Any building or structure used for municipal, civic, community,
ecclesiastical, recreational or other public purposes not associated
with for-profit commercial enterprise.
The investment in and the physical upgrading of a structure
to improve its appearance or usefulness.
A change in the interior layout, exterior appearance, or
footprint of any structure.
The area of commercial building facades between grade level
and the lowest portion of the second story for multistory buildings,
or the area of commercial building facades between grade level and
the lowest portion of the roof structure for single-story buildings.
The ability to see into or out of a structure through glazings.
A roof-like covering of metal or other rigid material over
a door, entrance or outdoor service area that projects from the facade
of a structure.
A professional having achieved and holding a certification
from the International Society of Arborculture as an ISA Certified
Arborist.
A natural or artificial watercourse, with a definite bed
and banks, that conducts continuously or periodically flowing water.
A structure where hens are kept for noncommercial purposes
as an accessory use to a single-family, two-family or multifamily
dwelling.
[Added 6-25-2018 by L.L.
No. 10-2018]
Any activity that removes the vegetative surface cover.
An organization catering to members and their guests for
recreational, athletic or social purposes.
A nonprofit social organization whose premises are restricted
to its members and their guests.
The person designated pursuant to § 15-3 of this Code.
[Amended 6-28-2021 by L.L. No. 1-2021]
A building where lodging for three or more unrelated persons
is provided for compensation, whether transient or permanent occupancy.
A commercially licensed vehicle used primarily for purposes
other than passenger transportation or designed, used or maintained
primarily for the transportation of property.
A sidewalk which connects primary building entrances, public
or semipublic spaces with an Americans-With-Disabilities-Act-compliant
accessible route or accessible parking spaces. Communicating sidewalks
must be six feet or greater in width.
The Community Plan as adopted by the Village Board in accordance
with § 7-722 of the Village Law, and all amendments thereto.
The uppermost section of moldings along the top of a wall
or just below a roof.
Any building, room or area with a minimum area designed or
utilized primarily for the presentation to the general public of live
theater, dance performances, musical concerts, cinema, lectures, exhibits
of various art forms or exhibits of cultural, historic, academic or
scientific material.
Fixtures, appurtenances and design and installation practices
that adhere to the International Dark-Sky Associations' Model Lighting
Ordinance recommendations for Type 2 lighting zones.
A place, person, association, corporation, institution or
agency which provides day care for three or more children for more
than three hours and less than 24 hours per day per child and in which
parents, guardians or others responsible for care place children.
The deliberate appropriation of property by its owner for
general public use.
The New York State Department of Environmental Conservation.
The New York State Stormwater Management Design Manual (New
York State Department of Environmental Conservation), most recent
version or its successor, including applicable updates, which serves
as the official guide for stormwater management principles, methods
and practices.
A person who undertakes land development activities.
Any man-made change to improved or unimproved real estate,
including but not limited to buildings or other structures, clearing,
mining, dredging, filling, paving, excavation or drilling operations.
The lands required for the installation of stormwater sewers,
drainage ditches or field tiles along a natural stream or watercourse
for preserving the channel and providing for the flow of water therein
to safeguard the public against flood damage.
An establishment which includes provision for a customer
to conduct business or secure consumer goods while remaining within
a motor vehicle. Also commonly referred to as a "drive through" or
"drive-thru," such uses include, but are not limited to, windows or
similar features that allow customers to order and/or pick up goods
such as food, beverages and prescription drugs, conduct banking services
or operate an automatic teller machine while remaining within a motor
vehicle.
[Amended 10-26-2015 by L.L. No. 12-2015]
Any entrance or exit used by vehicular traffic to or from
lands or buildings abutting a street or alley.
An establishment used to collect, distribute and process
articles made of fabric through dry cleaning, pressing, dyeing or
stain removal.
An establishment used primarily to collect and distribute
articles to a dry-cleaning facility.
An accessory use involving a separate and complete dwelling
unit either in or added to an existing single-family dwelling, or
a separate accessory building on the same lot as the principal building
with separate bathing, housekeeping and cooking facilities, intended
to provide supplementary housing and not to exceed 35% of the primary
structure or occupancy of more than two persons.
A group of two or more dwellings located on the same lot
and having any yard or open space in common.
A building or portion thereof containing three or more dwelling
units designed or used for occupancy by three or more families living
independently of each other, with separate bathing, housekeeping and
cooking facilities.
One or more rooms with provision for living, cooking, sanitary
and sleeping facilities arranged for the use of one family.
A dwelling unit designed for or occupied exclusively by one
or more persons living as a single, nonprofit housekeeping unit. The
dwelling must consist of a permanent structure placed on a permanent
foundation, cellar, or basement.
A building containing two dwelling units and used or intended
to be used exclusively for occupancy by two families living independently
of each other, or two single-family dwellings having a party wall
in common with separate bathing, housekeeping and cooking facilities.
A person licensed as a professional engineer by the State
of New York.
The New York Standards and Specifications for Erosion and
Sediment Control (Empire State Chapter of the Soil and Water Conservation
Society, 2004), most current version or its successor, commonly known
as the "Blue Book."
One or more persons occupying a premises and living together
as a single housekeeping unit, subject to a limit of not more than
three unrelated persons 18 years of age or over.
See § 15-2.
[Added 6-28-2021 by L.L. No. 1-2021]
The sum of the horizontal area of all floors of a building,
excluding the basement (unless used and habitable in conjunction with
the building function), stairway, permanent corridors, attic storage
and toilet areas. All dimensions shall be measured between the interior
faces of walls.
A building used for the preparation of the deceased for burial
and the display of the deceased and ceremonies connected therewith.
A building or enclosed space not available to the public
that is used primarily for the storage of vehicles, provided that
no business, occupation or service is conducted for profit therein.
A place for the sale at retail of gasoline and/or other petroleum
products which may or may not include facilities for the servicing
of vehicles or the sale of convenience goods.
Excavation or fill of material, including the resulting conditions
thereof.
A parcel of land located in a central position in the neighborhood
and surrounded by streets and/or building lots on at least three sides.
It is designed and landscaped as a space for common neighborhood use.
Those infrastructure elements, materials and construction
practices designed in accordance with the most current version of
the New York State Storm Water Management Design Manual, which facilitate
the evaporation, transpiration and infiltration of stormwater runoff
and minimize the flow of such runoff into the municipal separate storm
sewer system.
Any nonimpervious vegetated surface.
A place and/or domicile occupied by two or more persons wherein
the residential quarters are considered an integral component of a
recognized program of rehabilitation, custodial supervision or care,
together with required supervisory personnel living in a family-type
setting. Said residence shall not be institutional in character or
scale and shall maintain a resident count compatible with the character
of the neighborhood.
Areas within a property or public right-of-way that are paved
with durable, hard surface materials, typically poured concrete, brick
or concrete pavers. These areas typically form plazas, patios and
other outdoor pedestrian-oriented spaces. Parking lots are not considered
hardscape for the purposes of these design standards.
Any row of closely planted shrubs or bushes forming a boundary
or serving as a fence or barrier which limits or prevents clear vision
through or around its foliage or limb structure.
[Added 6-28-2021 by L.L. No. 1-2021]
The vertical distance measured from the finished grade level
at the sides of the building or structure to the highest level of
a flat or mansard roof, to the average height of a pitched, gabled,
hip or gambrel roof (excluding spires, chimneys, stairwell housings
and other similar structures) or to the highest elevation of structures
not containing a roof.
Any use for personal gain conducted entirely on a residential
premises by the residents thereof and which use is clearly incidental
and secondary to the residential purposes and does not change the
character thereof.
A building which contains 15 or more living and sleeping
accommodations for transient occupancy and which may or may not include
dining facilities. The word "hotel" includes the word "motel," "motor
lodge," "motor hotel," "motor court," "tourist court" or similar names.
A facility providing inpatient medical treatment and care.
Those surfaces, improvements and structures that cannot effectively
infiltrate rainfall, snowmelt and water (e.g., building rooftops,
pavement, sidewalks, driveways, etc.).
The use, design or construction of land or any structure
thereon deemed by the Planning/Architectural Review Board and/or the
Zoning Board of Appeals to be inconsistent with the spirit and intent
of Sections 101 and 105 of the Design Standards, or that which fails
to substantially achieve the standards outlined in Sections 300 through
1000.
A State Pollutant Discharge Elimination System (SPDES) permit,
issued to a commercial industry or group of industries, which regulates
the pollutant levels associated with industrial stormwater discharges
or specifies on-site pollution control strategies.
New development on vacant or unimproved land that is located
directly adjacent to existing developed sites.
The process of percolating stormwater into the subsoil.
A commercial facility for the housing and feeding of transients,
containing more than four rooms and less than 15 rooms. The facility
may have accessory uses such as a restaurant or a bar.
A right-of-way for pedestrian use extending from a street
into a structure or across a structure to another street.
An activity characterized by the storage, sale or dismantling
of discarded machinery equipment, paper, rags, scrap, vehicles and
similar materials.
An area that is inundated or saturated by surface water or
groundwater at a frequency and duration sufficient to support a prevalence
of vegetation typically adapted for life in saturated soil conditions,
commonly known as "hydrophytic vegetation."
Any premises that:
The legal or beneficial owner of land, including those holding
the right to purchase or lease the land, or any other person holding
proprietary rights in the land.
That area of a site plan or development not consisting of
structures or pavement. Landscaped area shall consist of those areas
on a site plan that are planted, seeded or provide similar vegetative
or landscaped cover. Landscaped area does not include man-made stormwater
retention ponds, but may include other green infrastructure.
An individual holding a valid license as a registered landscape
architect in New York State.
An area of a commercial property utilized for the loading,
unloading, staging and standing of commercial delivery vehicles.
A parcel of land that is described on a subdivision map or
defined by a survey.
The total horizontal area included within lot lines, expressed
in square units.
A lot at the junction of and abutting two or more intersecting
streets.
That percentage of the lot area covered by the combined area
of all principal and accessory buildings and structures on the lot.
The mean horizontal distance between the front and rear lot
lines.
A lot on a corner.
A lot other than a corner lot.
The legally defined boundary or limit of a parcel of land.
A lot line coincidental with the line of the public right-of-way,
except that where such line is described as being within the boundaries
of a public right-of-way, then the most interior boundary of such
rights-of-way shall be construed to be the front lot line. Where two
public rights-of-way intersect, a lot line coincidental with the boundary
line of either may be selected as the front lot line, as long as no
nonconforming elements are thereby created.
A lot line generally parallel to or directly opposite a front
lot line.
A lot line extending between a front and rear lot line.
A lot in which both the front lot line and rear lot line
abut a street or alley.
The mean horizontal distance between side lot lines.
A legally recorded document that acts as a property deed
restriction, and which provides for long-term maintenance of stormwater
management practices.
A business activity characterized by the transformation of
raw materials or the fabrication of new products, as well as transportation
facilities, storage facilities, truck terminals and similar facilities.
A manufacturing use involving small-scale production or assembly
of products conducted in connection with on-site retail sales and/or
restaurant use. The manufacturing component of such uses shall not
exceed 5,000 square feet and may not generate noxious by-products
or employ processes or equipment that creates noise, heat, glare,
dust, smoke, fumes, odors, or vibration detectable off the property.
Deliveries or pickups in connection with such uses are limited to
parcel and small freight carriers.
[Added 1-27-2014 by L.L.
No. 1-2014]
The sense of bulk, size and shape of a structure, usually
perceived by reference to the surrounding space, nearby structures
and natural features such as trees.
A facility providing outpatient medical treatment and care.
Occupancy of a building in part for one use and in part for
some other use not accessory thereto. See "building, mixed use."
A transportable dwelling unit that is designed for year-round
occupancy and connected to utilities.
See "hotel."
The on-premises repair, maintenance and general servicing
of motor vehicles.
An area of the Village where the primary use as a percentage
of total gross building area is residential housing.
Any room, space, or premises operated as a commercial establishment
in which eating and/or drinking takes place, where alcoholic beverages
are served subject to the regulatory authority of the New York State
Liquor Authority, and where the provision of entertainment is the
primary activity. Entertainment includes music by a live musician
or musicians, or any mechanical, electronic, or other means such as
records, laserdiscs, audio, video, or other audio or audio-visual
means, including operation as a motion-picture theater; acting, play
performances, theater performances, dinner theater, burlesque shows,
revue pantomime, scene, dance, act, or song-and-dance act participated
in by one or more employees, guests, customers, or other person or
persons; or dancing by guests, customers, or any other person or persons.
Any lawful building, use of a building or use of land existing
at the time of enactment of this chapter or any amendments thereto
which does not conform to the regulations of this chapter or to the
regulations of the zoning district in which it is located.
Pollution from any source other than from any discernible,
confined, and discrete conveyances, and shall include, but not be
limited to, pollutants from agricultural, silvicultural, mining, construction,
subsurface disposal and urban runoff sources.
Any facility in which consulting, recordkeeping or clerical
work is conducted and no retail product is offered.
Dedicated parkland and other undeveloped public or private
properties, excluding highway and utility rights-of-way.
A parcel of land, generally located on the perimeter of a
larger parcel of commercial land that is subordinate to the larger
parcel for access, parking and drainage purposes.
A low wall projecting from the edge of a platform, terrace,
or roof. Parapets may rise above the cornice of a building or form
the upper portion of a screen wall to hide rooftop equipment.
Any place, lot, parcel, or yard used in whole or in part
for the storage or parking of motor vehicles.
A garage, in which licensed motor vehicles used for personal
conveyance or conveyance of passengers are parked.
An enclosed and typically curbed area of vegetation that
is formed parallel to, within, or at the end of a row of parking to
separate parked cars from vehicular drive aisles within a parking
lot.
An enclosed and typically curbed area of vegetation that
is formed parallel to parking lot drive aisles and separates vehicles
from pedestrian and vehicular circulation routes.
Parking that is located behind the principal structure and
outside of front yards and side yards.
An arrangement that utilizes parking lot medians to break
up the massing of parking lots into smaller components with no more
than 50 parking spaces each.
Parking that is located between the principal structure and
the side yard property boundary.
A space used for the temporary location of one motor vehicle,
not including an access driveway, and having direct access to a street
or alley.
A parking space not located in the public right-of-way.
A parking space located in the public right-of-way.
An improved pathway at least five feet in width devoid of
obstructions or hazards and intended for use by pedestrians to commute
between destinations, including but not limited to buildings, structures,
parks and open spaces, parking areas, the sidewalk system or other
walkways.
Clearing a parcel of land in distinct pieces or parts, with
the stabilization of each piece completed before the clearing of the
next.
A building and its accessory buildings where people regularly
assemble for religious worship, maintained and controlled by a religious
organization.
The unit of measure, based upon gross building square footage
and the lot line distance along public streets, utilized to determine
the amount of plant material required for development applications
in the Mixed Use Zoning District.
Sediment or a water quality measurement that addresses sediment
(such as total suspended solids, turbidity or siltation) and any other
pollutant that has been identified as a cause of impairment of any
water body that will receive a discharge from the land development
activity.
Any movable container with a capacity of greater than 300
cubic feet designed for the storage of materials.
[Added 1-23-2012 by L.L. No. 2-2012]
A dwelling in a residentially zoned district containing the
office of a health-care practitioner, architect, engineer, accountant,
attorney or similar professional.
Land development activity.
See "bar."
All areas legally open to public use, such as public streets,
sidewalks, roadways, highways, parkways, alleys and parks, as well
as the interior and areas surrounding public buildings.
Structures or improvements open to the general public and
intended to strengthen the urban fabric and enhance the pedestrian
experience, such as, but not limited to, sidewalks, landscaped open
spaces, public seating, public art and crossing aids.
See § 15-2. For the purpose of this Chapter, that part between the curbline or outer pavement edge and the outer edge of the public sidewalk shall be the Public Right-Of-Way; where no curb and/or sidewalk exists, the area within eight feet of the outer pavement edge shall be the Public Right-Of-Way.
[Amended 6-28-2021 by L.L. No. 1-2021]
Any one or more of the following uses, including grounds
and accessory buildings necessary for their use:
Places of worship, cemeteries, parish houses and convents.
Public parks, playgrounds and recreational areas when authorized
or operated by governmental authority.
Nursery schools, elementary schools, high schools, colleges
or universities having curriculum approved by the Board of Regents
of the State of New York.
Public libraries and museums.
Nonprofit fire, ambulance and public safety buildings.
The replenishment of underground water reserves.
A space designed and used for active and passive participatory
athletic and general recreation activities.
A privately operated establishment providing facilities or
recreational athletics, exercise or physical therapy.
A screened and enclosed area that is solely utilized for
the temporary staging and storage of refuse, and located on the same
parcel as the primary structure to which it services.
place of worship, together with such other structures and uses
as are normally incidental thereto.
A residential care facility operated exclusively for aged persons,
under the control and supervision of a religious or eleemosynary society
or agency, shall for the purposes of this chapter be deemed a religious
facility.
Any establishment, however designed, at which food and beverages
are sold for consumption on the premises to patrons seated within
a structure or otherwise enclosed within a building or elsewhere on
the premises. A snack bar or refreshment stand at a public, semipublic
or community swimming pool, playground, playfield or park, or an approved
vendor operating the recreational facilities for the convenience of
the patrons of the facility, shall not be deemed to be a restaurant.
Any retail use of a building or structure less than 8,000
square feet in gross building area in which a limited range of merchandise
or services are provided for sale, including, but not limited to,
salons, clothing and accessory stores, small-scale grocery or nutritional
goods stores, or proprietary goods manufactured or assembled within
the Village of Williamsville.
A commercial activity, including personal service establishments,
characterized by the direct on-premises sale of goods and services
to a consumer, generally involving stock-in-trade.
Small commercial establishments less than 3,000 square feet
in gross building area catering primarily to residents of nearby areas,
providing frequently needed retail goods and personal services, except
petroleum-based fuels and lubricants for motor vehicles.
Any retail use of a building or structure larger than 8,000
square feet in gross building area in which one or more articles of
general merchandise, commerce or services are provided, including,
but not limited to, department stores, banks, salons, insurance sales,
clothing and accessory stores, grocery stores and pharmacies. Such
uses may include an individual business, a building with multiple
businesses, or a parcel with multiple retail buildings.
A small retail establishment not to exceed 8,000 square feet
in gross building area, specializing in the sale of articles such
as food products, over-the-counter drugs, tobacco products, magazines,
candy, beverages and similar convenience items.
A lot extending between and having frontage on a collector
or arterial traffic street and a local street, and with vehicular
access solely from the latter.
The exterior covering on the uppermost part of a building,
with the primary purpose to protect the building and its contents
from the effects of weather.
The extension of the roof beyond the structural building
wall.
A structure utilized to screen the appearance of rooftop
mechanical equipment, having the appearance of a roof structure that
is integrated and appropriate to the architecture of the building.
A roof section with a single break at the center of the roof
structure which creates a triangular portion of wall below the sloping
roof.
A usually symmetrical two-sided roof with two slopes of either
side, with the upper slope positioned at a shallow angle, and the
lower slope having the steeper pitch.
A roof where all sides slope downwards to the walls, usually
with a fairly gentle slope.
A roof with a double pitch on all four sides, the lower slope
having the steeper pitch.
A roof that slopes only in one direction, having a side wall
that is higher than the other.
Any parabolic dish or other antenna apparatus or device which
is designed to receive television, radio, microwave or other electronic
signals or combinations thereof from a transmitter or transmitter
relay located in outer space.
An institution providing instruction on a regular basis.
A method of reducing the impact of noise, glare and unsightly
visual intrusions with less offensive or more harmonious elements,
such as vegetation, berms, fences, walls or any appropriate combination
thereof. See "buffer."
The temporary installation or location of removable tables and chairs on any public sidewalk or other outdoor area within the Village for the purpose of serving patrons in connection with the operation of a restaurant or other commercial establishment serving food or beverages, except that special event outdoor seating, as regulated under Chapter 73, shall not constitute seasonal outdoor seating.
[Amended 4-23-2012 by L.L. No. 6-2012; 5-28-2013 by L.L. No.
4-2013]
Measures that prevent eroded sediment from leaving the site.
A business establishment providing clothes washers and dryers
for hire to be used by customers on the premises and may also include
washing and folding service for a fee.
Cold-water fisheries, shellfish beds, swimming beaches, groundwater
recharge areas, water supply reservoirs, or habitats for threatened,
endangered or special-concern species.
A canopy utilized to protect drive-through areas, drop-off
zones and gas station fuel pumps.
Uses which provide skilled professional labor to consumers
including insurance offices, restaurants, financial services, business-to-business
consulting and other similar services.
The distance between a lot or street line and a building,
structure or portion thereof.
The horizontal distance between the front lot line and the
principal building measured at the shortest point.
The horizontal distance between the rear lot line and the
principal building measured at the closest point.
The horizontal distance between the side lot line and the
principal building measured at the closest point.
A grouping of retail and service establishments providing
a range of uses on a single lot or adjacent lots under common ownership.
The rental of a dwelling unit for a time period of between
one and 30 days.
[Added 11-25-2019 by L.L.
No. 8-2019]
A woody plant, smaller than a tree, consisting of several
stems from the ground or small branches near the ground, may be deciduous
or evergreen.
See § 112-23 of the Village Code.
The proportion of wall surface area to window and door openings
in the exterior wall of a building.
Privately held space that is only accessible to the public
upon invitation or upon the granting of permission to enter the space.
A publicly controlled space that is typically available and
open to the public.
A privately held space that is made available to the public
for public and private use, such as parking lots, interior and exterior
circulation spaces and common areas.
A permit under the New York State Pollutant Discharge Elimination
System (SPDES) issued to developers of construction activities to
regulate disturbance of one or more acres of land.
A permit under the New York State Pollutant Discharge Elimination
System (SPDES) issued to municipalities to regulate discharges from
municipal separate storm sewers for compliance with EPA-established
water quality standards and/or to specify stormwater control standards.
Authority to use property in a manner which is otherwise
prohibited by this chapter.
The use of practices that prevent exposed soil from eroding.
An order issued pursuant to § 15-12 of this Code which requires that all construction activity on a site be stopped.
[Amended 6-28-2021 by L.L. No. 1-2021]
The location for the long-term or permanent storage of materials
and equipment required to sustain a commercial enterprise.
The location for the temporary storage or staging of refuse,
recyclable, hazardous, or spent materials prior to pickup by a sanitation
company.
Rainwater, surface runoff, snowmelt and drainage.
A land use or activity that generates higher concentrations
of hydrocarbons, trace metals or toxicants than are found in typical
stormwater runoff, based on monitoring studies.
The use of structural or nonstructural practices that are
designed to reduce stormwater runoff and mitigate its adverse impacts
on property, natural resources and the environment.
One or a series of stormwater management practices installed,
stabilized and operating for the purpose of controlling stormwater
runoff.
An employee or officer designated by the Board of Trustees
to accept and review stormwater pollution prevention plans (SWPPPs),
forward the plans to such agency, committee, employee, or board of
the Village of Williamsville which may be reviewing any application
for a construction activity requiring submission of a SWPPP, and inspect
stormwater management practices. The Board of Trustees shall appoint
such employee or officer to act as the SMO by resolution.
Measures, either structural or nonstructural, that are determined
to be the most effective, practical means of preventing flood damage
and preventing or reducing point source or nonpoint source pollution
inputs to stormwater runoff and water bodies.
A plan for controlling stormwater runoff and pollutants from
a site during and after construction activities prepared and sealed
by New York State Professional Engineer.
[Amended 11-26-2018 by L.L. No. 13-2018]
Flow on the surface of the ground, resulting from precipitation.
That portion of a building which is between one floor level
and the next higher floor level or the roof.
A thoroughfare, publicly or privately owned, other than a
driveway, designed for vehicular use.
The right-of-way or established property line of a street
as indicated by dedication, deed of record or by a filed subdivision
plan.
New York State Route 5, also known as Main Street, and all
intersecting streets.
All streets not defined as primary streets.
The perceived visual boundary of the Main Street corridor
created by building frontages for individual lots.
A horizontal band (such as bricks) in a building forming
a part of the design.
See § 15-2.
[Amended 6-28-2021 by L.L. No. 1-2021]
See § 15-2.
[Amended 6-28-2021 by L.L. No. 1-2021]
Lakes, bays, sounds, ponds, impounding reservoirs, springs,
wells, rivers, streams, creeks, estuaries, marshes, inlets, canals,
the Atlantic Ocean within the territorial seas of the State of New
York and all other bodies of surface water, natural or artificial,
inland or coastal, fresh or salt, public or private (except those
private waters that do not combine or effect a junction with natural
surface or underground waters), which are wholly or partially within
or bordering the state or within its jurisdiction. Storm sewers and
waste treatment systems, including treatment ponds or lagoons which
also meet the criteria of this definition, are not waters of the state.
This exclusion applies only to man-made bodies of water which neither
were originally created in waters of the state (such as a disposal
area in wetlands) nor resulted from impoundment of waters of the state.
A structure intended for bathing, swimming or diving purposes,
either permanently or temporarily installed, whether above or below
the ground.
See "Bar."
A multifamily project of single-family dwelling units, which
may consist of one or more buildings, attached or detached, wherein
the real property title and ownership are vested in an owner having
an undivided interest with others in the common usage areas and facilities
which serve the project. Administration and maintenance of common
usage areas and facilities must be provided. Although units may share
party walls, each unit is situated on a different parcel of land.
A lot which is subdivided into privately owned parcels to
create a project of townhouse or townhome units, which may consist
of one or more buildings, attached or detached.
Architectural designs and styles which were commonly utilized
in the Village of Williamsville and throughout Western New York State
prior to the 1950's. Traditional architectural styles often include
locally driven design elements, materials, and conventions utilized
during the 19th and 20th centuries.
A development pattern that caters to the pedestrian, requiring
a walkable scale and a mix of residential and commercial uses similar
to a traditional village.
A vehicle with two or more wheels designed to be towed by
another motor vehicle, but not including trailers used for the general
hauling of freight.
A trailer used for the purpose of transporting a boat.
A transportable camping unit designed to be towed by another
vehicle, suitable for temporary shelter but not equipped with permanent
services for water, waste disposal or electricity.
A trailer used for the purpose of transporting a hot tub
specifically designed for temporary use out-of-doors.
A transportable dwelling unit, either self-propelled or designed
to be towed, suitable for year-round occupancy.
The area between the edge of a sidewalk and the curbline
of a street, typically within the public right-of-way.
A small deciduous tree (rarely, evergreen), typically less
than 35 feet in height when mature, that is utilized and valued for
the aesthetic appearance, color and/or texture of its flowers, fruits,
foliage, bark, form or habit.
A large deciduous tree (rarely, evergreen), typically greater
than 35 feet in height when mature, that is utilized for its broad
leaf canopy and ability to cast a shadow upon a large area.
In the case of a television antenna, a satellite signal which,
when viewed on a conventional television set, is at least equal in
picture quality to that received from a local commercial television
channel or by way of cable television.
The specific purpose for which land, a building or a structure
is designed, arranged or intended or for which it is or may be occupied
or maintained.
An activity which is incidental, subordinate to and which
may not be carried on independently of a principal use.
An activity which may be carried on independently of any
other activity and which generally characterizes the primary purpose
for which land, buildings or structures thereon are intended and designed.
Those architectural styles and building forms determined
valuable and of historic and aesthetic importance by the Village of
Williamsville Historic Preservation Commission.
The use of locally available resources, materials and traditions,
typically developed over many generations within a limited geography.
Any establishment dedicated primarily to the sale or rental
of video cassette recordings.
See § 15-2.
[Added 6-28-2021 by L.L. No. 1-2021]
A permanent or intermittent stream or other body of water,
either natural or man-made, which gathers or carries surface water.
A channel that directs surface runoff to a watercourse or
to the public storm drain.
A commercial activity characterized by the sale, storage
or distribution of merchandise in quantity to retail establishments.
The total area of any single windowpane or series of windowpanes
separated by mullions.
That portion of a building plot not occupied by a building,
extending open and unobstructed from the ground upward.
The lot area bounded by the front and side lot lines and
front building line, open and unoccupied.
That portion of a rear yard of a through lot extending along
a street and from the street line for a depth equal to a required
front yard.
The lot area bounded by the rear and side lot lines and rear
building line, open and unoccupied.
The lot area between the side lot line and side building
line further bounded by the front and rear yards, open and unoccupied.
A side yard abutting on a street line.
A side yard abutting on a lot line of an adjoining lot.
The person designated pursuant to § 112-5 of this chapter.
[Added 6-12-2023 by L.L. No. 4-2023]
A.
Except as hereinafter provided:
(1)
No building, structure or land shall hereafter be used or occupied
and no building or structure or part thereof shall hereafter be erected,
constructed, reconstructed, moved or structurally altered unless in
conformity with all of the provisions of this chapter and the Code
Enforcement Officer has issued an approved building permit.
(2)
No building or structure shall hereafter be erected or altered except
in compliance with all applicable provisions of this chapter.
(3)
Except as expressly provided for in this chapter, no part of a yard
or open space required about any building or structure for the purpose
of complying with this chapter shall be included as part of a yard
or open space similarly required for another building or structure.
(4)
All uses not specifically permitted in a district shall be deemed
prohibited.
(5)
This section shall not apply to existing buildings or structures,
nor to the existing use of any building, structure or land to the
extent that it was a legal use at the time of enactment of this chapter.
Hereafter, this chapter shall apply to any change in use, alteration,
extension or movement of a building or structure and to any change
in use of land.
B.
Certain public uses excluded. This chapter shall not be construed
to limit or interfere with the dedication, development or use of any
land or building as public parks, playgrounds or schools required
for compulsory education, or with the use of land or buildings owned
by the United States government, State of New York, County of Erie,
Village of Williamsville or the Town of Amherst and used for governmental
purposes, or with the construction, installation, operation and maintenance
for public utilities existing or hereafter authorized, and shall not
be interpreted to permit yards, garages or structures for service
or storage unless permitted within the district.
C.
Interpretation of permitted uses and boundaries.
(1)
If any use can be construed to be incorporated within a more general
use listing, the more specific listing, if any, shall control. Where
a use is first listed in a less restricted district, such use shall
not be construed to be permitted in a more restricted district.
(2)
No use shall be permitted in any zoning district unless stated to
be permitted in a specific or generally permitted use listing for
such zoning district.
D.
Temporary structures or uses.
(1)
Any contractor, engineer or architect may erect in any district(s)
an on-site temporary structure for use incidental to construction
work, for a period of time not to exceed one year. Such structure
shall be removed immediately upon the completion or abandonment of
the work.
(2)
The temporary use of a dwelling or dwelling unit as a sales model
shall be permitted in all districts.
The provisions of this chapter shall be considered to be the
minimum requirements to promote and protect public health, safety,
comfort, convenience, prosperity and other aspects of the general
welfare. Whenever any provision of this chapter is at variance or
conflict with any other provision of this chapter or of any other
statute, local law or regulation covering any of the same subject
matter, the most restrictive provision and the highest standard shall
apply.
[Amended 6-12-2023 by L.L. No. 4-2023]
A.
The office of Zoning Enforcement Officer is hereby created and, except
as otherwise provided, the provisions of this chapter shall be administered
by said Zoning Enforcement Officer and enforced by the Code Enforcement
Officer, in each case with the assistance of such persons as the Board
of Trustees may direct. The duties and powers of the Zoning Enforcement
Officer and Code Enforcement Officer may be invested in the same or
separate individuals as the Board of Trustees deems appropriate.
B.
The Zoning
Enforcement Officer is charged with the responsibility to interpret
this chapter for the purposes of New York State Village Law § 7-712-b
and shall have primary responsibility for administering this chapter,
including reviewing and processing applications for approvals required
under this chapter and providing support to the Planning and Architectural
Review Board, the Zoning Board of Appeals, the Historic Preservation
Board, and other such boards and commissions as the Board of Trustees
may designate.
C.
The Code Enforcement Officer may cause inspection of any building,
structure, land or use thereof. The Code Enforcement Officer shall
order, in writing, the correction of any violation of this chapter.
D.
A violation of this chapter shall be punishable by a fine not to
exceed $250 for each violation. Each day of continued violation shall
constitute a separate and additional violation.
[Amended 5-26-2015 by L.L. No. 7-2015]
The Village of Williamsville is hereby divided into the following
zoning districts:
|
R-1
|
Single-Family Residential District
|
|
R-2
|
Single-Family Residential District
|
|
R-3
|
Single-Family or Two-Family Residential District
|
|
R-3M
|
Multiple-Dwelling Residential District
|
|
MU
|
Mixed Use District
|
|
NMU
|
Neighborhood Mixed Use District
|
|
M-1
|
Light Manufacturing District
|
The location and boundaries of each zoning district are shown
on a map entitled "Zoning Map of the Village of Williamsville."[1]
[1]
Editor's Note: This Zoning Map is on file in the Village offices.
Where uncertainty exists with respect to the boundaries of any
district as shown on the Zoning Map, the following rules shall apply:
A.
Boundaries indicated as approximately following the center lines
of streets, alleys or highways shall be construed to follow such center
lines.
B.
Boundaries indicated as approximately following platted lot lines
shall be construed as following such lot lines.
C.
Boundaries indicated as approximately following the corporate boundaries
of the Village of Williamsville shall be construed as following such
corporate boundaries.
E.
Where a district boundary line divides an existing lot, zone standards
are applied separately to each portion of the lot.
[Amended 7-23-2018 by L.L. No. 11-2018]
The zoning classification of any area hereafter annexed shall
be established by the Board of Trustees at the time of annexation.
[Amended 5-26-2015 by L.L. No. 7-2015; 10-26-2015 by L.L. No. 13-2015]
A.
Except as otherwise provided herein or elsewhere in this Code, the
lawful use of land, buildings or structures existing at the date of
the adoption of this chapter, or any amendments thereto, may be continued
although such use, land, building or structure does not conform to
the regulations specified by this chapter for the zone in which such
land, building or structure is located.
B.
Any nonconforming use may be changed to any other use permitted in
the district in which it is first permitted. Once a nonconforming
use is changed to a conforming use or to a more restricted use, such
use thereafter shall not revert to a less restricted use.
C.
Enlargement.
[Amended 10-11-2016 by L.L. No. 6-2016]
(1)
A
nonconforming use shall not be enlarged or extended, except that in
any Mixed Use (MU and NMU) or Manufacturing (M-1) District, a nonconforming
building may be enlarged to an extent not exceeding 20%, in the aggregate,
of the floor area devoted to such nonconforming use. In no case shall
such enlargement extend beyond the lot occupied by the nonconforming
use or violate any height, yard, parking area or other open space
requirement of this chapter. When the total of all enlargements equals
20% of the floor area existing at the time the use became a nonconforming
use, no further enlargement shall be permitted.
(2)
A
nonconforming structure in any single- or two-family residential home
may be enlarged or extended up to 20% or 300 square feet, whichever
is lesser, provided that the enlargement does not increase the degree
of the existing nonconformity and the enlargement or extension does
not create a new nonconformity.
D.
Nothing herein shall be deemed to prevent normal maintenance or repair
of a nonconforming building or structure or use thereof.
E.
No alteration, either interior or exterior, shall be made to a nonconforming
building or structure except:
F.
Any nonconforming building or structure that has been destroyed or
damaged by any means, other than deliberate demolition, shall be allowed
to be rebuilt and shall maintain its nonconforming status, provided
that:
(1)
The total floor area is not increased from the total floor area of
the original nonconforming building or structure.
(2)
If any modification shall result in additional parking spaces being
required or proposed, provision for the installation and design of
such parking spaces shall be required by the Planning/Architectural
Review Board as a precondition to approval of reconstruction.
(3)
Reconstruction shall commence within six months of date of damage
or destruction.
H.
Nothing shall prevent the construction of a building or other structure
which is made nonconforming by this chapter or any amendment thereto,
provided that a building permit has been lawfully issued, and further
provided that:
(1)
Construction of the foundation shall have commenced prior to the
nonconforming date and completion shall have been diligently pursued.
(2)
The Board of Appeals determines that substantial expenditures have
been made or substantial financial obligations have been incurred
prior to the nonconforming date and completion has been diligently
prosecuted.
I.
Abandonment.
(1)
In any district, whenever a nonconforming use of land, building or
structure or any part or portion thereof has been discontinued for
a period of six months, such nonconforming use shall not thereafter
be reestablished, and all future uses shall be in conformity with
the provisions of this chapter. Such discontinuance of the active
and continuous operation of such nonconforming use or part or portion
thereof for such period of six months is hereby construed and considered
to be an abandonment of such nonconforming use, regardless of any
reservation of an intent not to abandon the same or of an intent to
resume active operations. If actual abandonment of the nonconforming
use of land and/or buildings is in fact evidenced by the removal of
buildings, structures, machinery, equipment or other evidences of
such nonconforming use, the abandonment shall be construed to be completed,
and all rights to reestablish or continue such nonconforming use shall
be terminated immediately.
(2)
In addition to the requirements of § 112-10I(1), the use of any property or portion thereof to operate a drive-in service facility shall be deemed abandoned upon the change in the entity or individual owning, leasing or operating such property or drive-in service facility, regardless of any interruption in the operation of such drive-in service facility.
In all zoning districts, no dwelling or principal building shall
be erected on a lot which does not have frontage on a street or alley.
A.
Permitted uses. The following uses shall be permitted in an R-1 Single-Family
Residence District:
(1)
Principal uses.
(a)
One single-family dwelling.
(b)
Religious facility.
(c)
A private, nonprofit elementary or secondary school accredited
by the New York State Department of Education.
(d)
Boarding/rooming house.
(e)
A day-care facility which is accessory to a school or religious
facility.
(f)
Fire station without club facilities.
(2)
Accessory uses. Accessory uses may be permitted in an R-1 Single-Family
Residence District as follows:
(a)
A single accessory apartment, subject to the following:
[1]
Approval of a special permit, granted by the Zoning Board of
Appeals under this chapter.
[2]
The owner(s) of the dwelling unit in which the accessory apartment
is located shall occupy at least one of the dwelling units on the
premises, except for bona fide absences, for a period of five years
prior to applying for the special permit, and said accessory apartment
shall be clearly a subordinate part of the dwelling units.
[3]
No rent shall be received for the accessory apartment, and such
unit shall be occupied only by persons related by blood or marriage
to the family occupying the dwelling or by not more than one employee
of that family.
[4]
The accessory apartment may be created only through conversion
of a dwelling unit. Garage space shall not be converted.
[5]
No exterior changes shall be made which, in the opinion of the
Board of Appeals, do not conform to the visual character of the one-
or two-family neighborhood.
[6]
Any new entrances shall be located on the side or in the rear
of the dwelling unit. In no case shall an accessory apartment be greater
in floor area than 500 square feet.
[7]
At least three off-street parking spaces shall be available
for use by the owner-occupant(s) and tenant(s).
[8]
In order to encourage the development of dwelling units for
disabled and handicapped individuals and persons with limited mobility,
the Board of Appeals may allow reasonable deviation from these stated
conditions where necessary to install features that facilitate access
and mobility for disabled persons.
[9]
Any other appropriate or more stringent conditions deemed necessary
by the Board of Appeals to protect public health, safety and the character
of the residential neighborhood.
[10]
Purchasers of a dwelling that has been previously
granted a special permit for an accessory apartment, who desire to
continue the accessory apartment, shall reapply for a permit and must
demonstrate that all conditions prerequisite to granting of the original
permit have been met.
(b)
Short-term rental, subject to the following:
[Added 11-25-2019 by L.L.
No. 8-2019[1]]
[1]
Approval of a special use permit granted by the Zoning Board
of Appeals under this chapter. An application for a special use permit
shall be on a form provided by the Building Department and shall be
accompanied by an application fee as established by the Board of Trustees
from time to time. Such special use permit shall remain in effect
unless revoked by the Code Enforcement Officer for noncompliance with
the terms of the permit or any of the following conditions, or the
property is transferred to a new owner.
[Amended 6-12-2023 by L.L. No. 4-2023]
[2]
Before such special use permit may be granted, the premises
must be inspected by the Code Enforcement Officer or his/her designee
to ensure that the premises is in substantial compliance with these
regulations and the New York State Uniform Fire Prevention and Building
Codes. By applying for a special use permit, the owner consents to
biennial inspections of the premises for the duration of the permit,
unless more frequent inspections are deemed necessary by the Code
Enforcement Officer or his/her designee.
[3]
The short-term rental dwelling unit may be, but is not limited
to, an attached or detached accessory apartment or whole house property.
[4]
The owner of the premises in which the short-term rental dwelling
unit is located shall continuously occupy the premises throughout
the operation of the short-term rental units unless the Zoning Board
of Appeals finds that such non-owner-occupied short-term rental dwelling
unit will not adversely affect the overall character of the neighborhood
and would not violate the intent of this chapter.
[5]
No fewer than two off-street parking spaces shall be provided
for the premises in which the short-term rental dwelling unit is located.
[6]
No two short-term rental dwelling units shall be located on
the same residential block without a finding by the Zoning Board of
Appeals that such short-term rental dwelling unit(s) in excess of
such limitation will not adversely affect the overall character of
the neighborhood and would not violate the intent of this chapter.
[7]
No exterior display or signage related to the use of the premises
for short-term rental shall be permitted.
[1]
Editor's Note: This local law also renumbered former Subsection
A(2)(b) through (d) as Subsection A(2)(c) through (e), respectively.
(c)
Home occupation, subject to the following:
[1]
The home occupation is clearly incidental and secondary to the
use of the dwelling for living purposes and does not change the character
thereof.
[2]
Employment or participation of occupants shall not exceed two
persons, and of nonoccupants, one person.
[3]
No exterior display or indication of the activity shall be visible
to the general public.
[4]
Outdoor sales or display of items for sale is prohibited.
[5]
Signs, except for professional identification signs, are prohibited.
[6]
On-site parking of a commercial vehicle advertising the home
occupation is prohibited unless housed in an enclosed residential
garage whenever the vehicle is on the premises.
[7]
Any variation in the residential character of the property,
such as construction of a separate entrance, other exterior structural
alteration or addition of paved areas, is prohibited.
[8]
Outdoor storage of any materials or goods associated with the
home occupation is prohibited.
[9]
The home occupation is confined to the principal structure and
no accessory structure or yard is used in conjunction therewith, except
for required parking spaces.
[10]
The floor area within a principal building used
or occupied in conjunction with the home occupation, inclusive of
basements, attics, cellars and similar areas, shall not involve more
than 25% of any one story or exceed a cumulative total of 500 square
feet.
[11]
The following uses are expressly prohibited: a
barbershop, a beauty parlor, a restaurant or tavern, a funeral home,
a dance studio, a printing/copy service, a product/component manufacture
or fabrication company, all motor vehicle repair or dismantling and
small-engine repair.
[12]
The on-premises sale of merchandise is prohibited
except where clearly incidental and secondary to the home occupation,
limited in scope, and items for sale are not displayed in any configuration
resembling a retail store.
[13]
The home occupation shall not create any hazards
to neighboring persons or property and shall not cause any electronic
interference, excessive noise, vibration, smoke, dust, odors, heat
or glare on surrounding properties.
[14]
Students receiving instruction in visual or performing
arts, including but not limited to music, dance, fine arts or crafts,
within any common period of time shall not exceed two.
(d)
A single chicken coop, subject to the following:
[1]
Approval of a permit granted by the Code Enforcement Officer
under this chapter. An application for a permit shall be on a form
provided by the Code Enforcement Officer and shall be accompanied
by an application fee as established by the Board of Trustees from
time to time.
[2]
The raising of chickens shall be conducted as an accessory use
on the same premises associated with an occupied single-family detached
dwelling as the principal use;
[3]
The chickens shall be raised for noncommercial purposes;
[4]
The number of chickens shall be limited to a maximum of six;
[5]
Roosters shall not be allowed. Breeding of chickens on-site
shall not be allowed;
[6]
The permit shall be limited to the applicant and shall not be
transferable;
[7]
The raising of the chickens shall be subject to all applicable
sanitary, noise and property maintenance regulations, ordinances and
laws. Chicken waste shall not be composted or mulched on-site. Chicken
waste shall be stored in appropriate containers that do not create
any nuisance;
[8]
Any odor associated with the raising of the chickens shall not
be perceptible beyond the property line of the premises where the
chickens are being raised;
[9]
The chickens shall not be allowed to roam freely beyond the
property lines of the premises associated with the special use permit
application and, unless the chickens have had their wings clipped
so as to prevent flight, must be kept within the coop of other enclosed
area to prevent escape from said property;
[10]
Feed for the chickens must be stored in secure,
rodent proof containers. Unsecured excess feed shall not be allowed;
[11]
Chickens shall not be allowed in the front yard
between the principal structure and a public or private street;
[12]
Chicken coops shall be located at least 15 feet
from any property line.
[13]
The Code Enforcement Officer may require screening
of the chicken coop as deemed appropriate.
[14]
The permit shall be valid for a maximum of two
years. Additional consecutive or non-consecutive permits may be granted
by the Code Enforcement Officer upon the filing of each new application.
[15]
The applicant shall provide proof that he or she
has notified, in person or in writing, all property owners within
100 feet of the applicant's property that the applicant has applied
for a special use permit to maintain a chicken coop and informing
such property owners of the date and time of the public hearing on
the application. Prior to the issuance of a permit hereunder, the
Code Enforcement Officer shall conduct an inspection of the premises
associated with application and prepare a report concerning the suitability
of the property to house a chicken coop without causing unreasonable
interference with the use and enjoyment of neighboring properties
and without posing a threat to public health and safety. Any property
maintenance issues noted in such inspection must be corrected prior
to any application hereunder being deemed complete and a public hearing
scheduled.
[16]
The Code Enforcement Officer may revoke any permit
granted hereunder if, upon inspection of the premises, he or she determines
that the permit holder is not in compliance with the requirements
of this subsection or the permit.
[17]
Any person aggrieved by the issuance, denial or
revocation of a permit granted hereunder may appeal such determination
or action by the Code Enforcement Officer to the Zoning Board of Appeals
as provided for and governed by New York Village Law §§ 7-712-a
and 7-712-b(1). In deciding such appeal, the Board of Appeals shall
consider the requirements and intent of this subsection and shall
set forth the basis for its determination in writing. Any person aggrieved
by the decision of the Board of Appeals may seek judicial review of
such determination as provided for and governed by New York Village
Law § 7-712-c.
[2]
Editor's Note: This ordinance also redesignated former Subsection
A(2)(c) as Subsection A(2)(d).
(e)
Other customary accessory uses, but not including any use conducted
for gain.
B.
Prohibited uses. Uses prohibited shall be all other uses not enumerated
above.
C.
Lot and structural requirements. The following lot and structural
requirements shall apply in an R-1 Single-Family Residence District:
(2)
Principal building.
(a)
Minimum floor area.
|
Building Type
|
Square Feet
|
|---|---|
|
One-story
|
1,200
|
|
Two-story
|
1,500
|
(b)
Front yard setback: twenty-five-foot minimum and fifty-foot
maximum or an average of existing principal buildings within 150 feet
on either side.
(c)
Side yard setback: five-foot minimum on each of two required
side yards, and where a side yard is used for vehicle ingress or egress,
such side yard shall be at least 12 feet in width.
(d)
Side yard setback, corner lots. An exterior side yard (corner
lot) shall have a width at least equal to 15% of the lot width but
need not exceed the front yard requirement along the street on which
the exterior yard abuts. In no event shall an exterior side yard be
less than 10 feet.
(e)
Rear yard setback: 25% of the lot depth, but not less than 25
feet.
(f)
Rear yard setback, through lot. On a through lot where the rear
lot line coincides with a street line, a front yard equivalent shall
be provided and shall take precedence over rear yard setbacks.
(g)
Maximum height: 30 feet.
(h)
In no case shall a principal building or any addition thereto
be located within 10 feet of any other building or structure unless
the building or addition thereto is constructed with materials that
will afford one hour of fire protection, in accordance with the New
York State Uniform Building and Fire Safety Code.[3] In no event, however, shall the distance between buildings
and structures be less than eight feet.
[3]
Editor's Note: See Ch. 28, Fire Prevention and Building Code
Administration.
(3)
Accessory buildings/structures.
(a)
Front yard setback: not permitted in front yard.
(b)
Side yard setback: not permitted in side yard, except that an
attached one-story garage not over 12 feet in height may extend into
a required side yard not more than three feet. In no case shall any
part of an accessory building be located within 10 feet of any other
building or structure unless the accessory building is constructed
with materials that will afford one hour of fire protection, in accordance
with the New York State Uniform Building and Fire Safety Code. In
no event, however, shall the distance between buildings and structures
be less than eight feet.
(c)
Rear yard setback. No part shall be closer than two feet to
a lot line and in no case within 10 feet of any other building or
structure unless the building or structure is constructed with materials
that will afford one hour of fire protection, in accordance with the
New York State Uniform Building and Fire Safety Code. In no event,
however, shall the distance between buildings and structures be less
than eight feet. In the case of a corner lot, no accessory building
or structure shall be closer than 10 feet to a rear lot line, nor
shall it be closer to the exterior side lot line than an average of
existing buildings within 150 feet on either side. Playsets and treehouses
shall not be closer than five feet to a lot line.
[Amended 6-28-2021 by L.L. No. 1-2021]
(d)
Maximum height: 14 feet.
(4)
Required open area. Access drives, walks, unenclosed steps or terraces
not extending more than one foot above the adjoining finished grade
level may be located in any required open area.
(5)
Storage of firewood. No person shall store firewood or maintain a
woodpile unless it is kept stacked and reasonably secure, it is raised
at least three inches off the ground and it is stored in such a manner
as to protect against infestation by rodents, insects or other pests.
(6)
Berms. No berm shall be constructed, the height of which exceeds
more than 36 inches above the natural surface of the surrounding terrain.
B.
Prohibited uses: as regulated in an R-1 District.
C.
Lot and structural requirements. The following lot and structural
requirements shall apply in an R-2 Single-Family Residence District:
(2)
Principal building.
(a)
Minimum floor area.
|
Building Type
|
Square Feet
|
|---|---|
|
One-story
|
1,000
|
|
Two-story
|
1,250
|
(b)
All setbacks and height: as permitted and regulated in an R-1
District.
(c)
In no case shall a principal building or any addition thereto
be located within 10 feet of any other building or structure unless
the building or addition thereto is constructed with materials that
will afford one hour of fire protection, in accordance with the New
York State Uniform Building and Fire Safety Code.[1] In no event, however, shall the distance between buildings
and structures be less than eight feet.
[1]
Editor's Note: See Ch. 28, Fire Prevention and Building Code
Administration.
(3)
Accessory buildings/structures: as permitted and regulated in an
R-1 District.
(4)
Required open area: as permitted and regulated in an R-1 District.
(5)
Storage of firewood: as permitted and regulated in an R-1 District.
(6)
Berms: as permitted and regulated in an R-1 District.
B.
Prohibited uses: as regulated in R-1 and R-2 Districts.
C.
Lot and structural requirements. The following lot and structural
requirements shall apply in an R-3 Single-Family or Two-Family Residence
District:
(2)
Principal building.
(a)
Minimum floor area.
|
Building Type
|
Square Feet
|
|---|---|
|
One-story
|
800
|
|
Two-story
|
1,000
|
(b)
Setbacks and height: as permitted and regulated in R-1 and R-2
Districts.
(c)
In no case shall a principal building or any addition thereto
be located within 10 feet of any other building or structure unless
the building or structure is constructed with materials that will
afford one hour of fire protection, in accordance with the New York
State Uniform Building and Fire Safety Code.[1] In no event, however, shall the distance between buildings
and structures be less than eight feet.
[1]
Editor's Note: See Ch. 28, Fire Prevention and Building Code
Administration.
(3)
Accessory buildings/structures: as permitted and regulated in R-1
and R-2 Districts.
(4)
Required open area: as permitted and regulated in R-1 and R-2 Districts.
(5)
Storage of firewood: as permitted and regulated in R-1 and R-2 Districts.
(6)
Berms: as permitted and regulated in R-1 and R-2 Districts.
[Amended 5-26-2015 by L.L. No. 7-2015; 6-25-2018 by L.L. No. 10-2018]
The permitted uses and regulations governing the R-3M District
are set forth in Attachment 1, "R-3M Multiple-Dwelling Residential
District Design Standards," expressly incorporated herein.[1]
[1]
Editor's Note: The R-3M Multiple Dwelling Residential District
Design Standards are available in the Village offices or through the
online version of the Code (eCode 360®).
[Amended 5-26-2015 by L.L. No. 7-2015; 6-25-2018 by L.L. No. 10-2018]
The permitted uses and regulations governing the MU District
are set forth in Attachment 2, "Mixed Use District Design Standards,"
expressly incorporated herein.[1]
[1]
Editor's Note: The Mixed Use District Design Standards are
available in the Village offices or through the online version of
the Code (eCode 360®).
The permitted uses and regulations governing the NMU District
are set forth in Attachment 3, "NMU Neighborhood Mixed Use District
Design Standards," expressly incorporated herein.[2]
[1]
Editor's Note: Former § 112-18, C-2 Restricted Commercial
District, and § 112-19, C-3 General Commercial District, were
repealed 5-26-2015 by L.L. No. 7-2015.
[Amended 5-26-2015 by L.L. No. 7-2015]
A.
B.
Prohibited uses.
(1)
Uses prohibited shall be all other uses not previously enumerated.
(2)
No use of land, buildings or structures shall be permitted if the
operation normally results in any fire or explosive hazard or dissemination
of atmospheric pollutant, noise, glare or odor beyond the boundaries
of the premises on which such use is located.
C.
Lot and structural requirements. The following lot and structural
requirements shall apply in an M-1 Light Manufacturing District.
(2)
Principal building.
(a)
Minimum floor area: no restriction.
(b)
Front yard setback: as regulated by landscaping and off-street
parking requirements.
(c)
Side yard setback: 10 feet for each side yard, except that where
a side lot line abuts a lot in an R District, its width shall be not
less than 20 feet.
(d)
Rear yard setback: minimum of 12 feet.
(e)
Height: as permitted and regulated by landscape and off-street
parking requirements.
(3)
Accessory buildings/structures: shall not be greater than 18 feet
in height and shall be set back from any property line abutting a
residential district boundary a distance at least equal to the height
of the structure.
(4)
Required open area: as permitted and regulated by landscaping and
off-street parking requirements.
[Amended 5-26-2015 by L.L. No. 7-2015]
A.
Off-street parking requirements. In the R-1, R-2, R-3 and M-1 Districts,
the following off-street parking requirements shall apply:
(1)
One- and two-family dwelling: minimum of two spaces per dwelling
unit, but in no event more than four for a single-family dwelling
and six for a two-family dwelling.
(2)
Home occupation: one additional space for the nonresident employee.
(3)
Religious facility: one space for each five linear feet of bench
seating, or in the case of chair seating, one space for each two seats,
plus 10 spaces.
(4)
School (elementary or secondary): one space for each classroom, plus
one space for each 250 square feet of office space.
(5)
Day-care facility: two spaces for each four children.
(6)
Boarding/rooming house: minimum of two spaces, plus one space for
each room to let.
(7)
Manufacturing, industrial or other commercial use permitted within
the M-1 District: minimum of one space for every 1,000 square feet
of occupied or usable space.
B.
Residential parking area design standards.
(1)
It shall be unlawful for any owner or occupant of any premises to
permit the placement or storage of any unlicensed or unregistered
vehicle or any vehicle without a valid inspection sticker, unless
the vehicle is stored within a wholly enclosed building.
(2)
No premises shall provide outside parking for more than one commercially
licensed vehicle or more than 5,000 pounds in weight, as indicated
on currently valid registration, owned and/or regularly used by a
resident of the premises where the vehicle is parked, nor provide
parking, storage or a base of operations for construction equipment
and/or their support equipment.
(3)
A trailer, boat trailer, camp trailer, recreational vehicle trailer
or portable hot tub trailer shall be parked or stored only in a rear
yard. Any trailer in excess of 26 feet in length shall be stored only
within a wholly enclosed building.
(4)
No off-street parking shall be permitted in any front or exterior
side yard or within five feet of any side or rear lot line, except
in an established driveway. In no event shall any motor vehicle be
parked on the landscaped portion of a yard.
(5)
A driveway may extend from the front edge of the property through
the front yard to the side or rear yard of a residence. The maximum
width of the driveway at the street line and within the front yard
shall be 18 feet. In no event shall more than 25% of any front yard
area be paved or used for a driveway or off-street parking.
(6)
No parking shall be permitted in the public right-of-way except on
the paved portion of a street or alley.
(7)
The use of any camp trailer, recreational vehicle trailer or mobile
home as temporary living quarters, for hire or otherwise, is prohibited.
C.
Mixed Use (MU and NMU) and Manufacturing (M-1) parking area standards.
In addition to the requirements contained in the applicable design
standards governing the MU and NMU Districts, the following standards
apply to all parking areas located in any Mixed Use (MU and NMU) and
Manufacturing (M-1) District:
(1)
Parking spaces may not be located in any existing front yard or in
any required buffer areas.
(2)
It shall be unlawful for any owner or occupant of any premises to
permit the placement or storage of any unlicensed or unregistered
motor vehicle or any vehicle without a valid inspection sticker on
the premises, unless stored within a wholly enclosed building.
(3)
No premises shall provide outside parking for more than one commercially
licensed vehicle of more than 5,000 pounds in weight, as indicated
on currently valid registration, owned and/or regularly used by the
occupant or tenant where the vehicle is parked, nor provide parking,
storage or a base of operations for construction equipment or their
support equipment.
(4)
The use of any camp trailer, recreational vehicle trailer or mobile
home as temporary living quarters, for hire or otherwise, is prohibited.
(5)
Parking shall not be permitted in the public right-of-way nor within
five feet of the public right-of-way in a rear yard. The land within
the area of prohibited parking shall be delineated at its inner line
or edge by a permanent continuous curb, and said area shall be landscaped
or planted with appropriate ground cover.
(6)
The curb cut, driveway and parking area shall be designed so that
all vehicle movements to and from the public right-of-way are in a
forward direction. The design of the parking area shall permit entry
and exit without the necessity of moving any vehicle(s) parked in
another space.
(7)
The location, number and width of each curb cut providing access
to and from a public road shall be specified by the Planning/Architectural
Review Board. A curb cut shall not be located within 20 feet of the
nearest curb cut located on the same site or on any adjoining property.
A property less than 60 feet in width may be exempt from compliance
with this twenty-foot limitation.
(8)
Landscaping, snow storage and drainage shall be provided as required
by the applicable design standards or, with respect to the M-1 District,
as determined by the Planning/Architectural Review Board.
(9)
Each parking area shall provide for a system of drainage and, where
possible, shall be connected to the public storm sewer. Such system
of drainage shall comply with any SWPPP submitted pursuant to any
provision of the Village Code.
(10)
All off-street parking areas and driveways shall be paved and
striped to delineate parking spaces. A permanent concrete curb shall
be provided to protect buffers, lighting standards, signs and other
installations.
A.
Residential districts. A fence or wall may be erected in any residentially zoned district (R-1, R-2, R-3, R-3M), after securing a permit therefore pursuant to Chapter 15, as follows:
(1)
In any rear yard or interior side yard, provided that the fence,
wall or hedge does not exceed six feet in height.
(2)
In any front yard, as follows:
(a)
A fence or wall intended for decorative purposes may be erected
as part of a landscape plan in a front yard, along, next to or in
connection with an entrance to a residence or along or next to a driveway
or corner of a front yard or at the juncture of a driveway and a public
sidewalk.
(b)
Such fence or wall shall be erected wholly within the lot line
of the property and at least three feet inside of the interior edge
of the public sidewalk.
(c)
Such fence or wall or hedge shall in no event enclose a front
yard; nor shall it exceed three feet in height. A fence shall be of
open, decorative design and permit clear visibility through at least
80% of its vertical area.
(d)
On any lot fronting two or more public streets, each and every
yard fronting such street shall be considered a front yard for the
purposes of this section.
(3)
Enclosing a tennis court, provided that the fence does not exceed
12 feet in height.
(4)
Enclosing a swimming pool, subject to the requirements of Chapter 93, Swimming Pools and Hot Tubs and the Uniform Code.
(5)
A hedge planted in a district zoned residential shall, if planted
in an interior side yard or rear yard, an exterior side yard or any
front yard, be subject to the same limitations and restrictions, including
height, as a fence or wall if the hedge is planted at or near the
property line and is designed to serve the function of a fence or
wall but shall not require a permit.
(6)
For a lot whose rear lot line abuts the New York State Thruway, fences
and walls in a rear yard shall be permitted to be erected to a height
of 10 feet.
B.
Mixed-use and nonresidential districts.
(1)
No fence, wall or hedge shall be erected on any premises zoned other
than residential (i.e., MU, NMU or M-1) until a permit has been issued
by the Code Enforcement Officer after approval by the Planning and
Architectural Review Board. The Planning and Architectural Review
Board shall grant approval only after a determination that the proposed
fence, wall or hedge will afford adjoining premises an environment
reasonably free of offensive noise, smell, dust and debris and will
be of quality design and construction.
(2)
No permit shall be issued for the erection of a fence, wall or hedge
on premises abutting a residentially zoned property where the proposed
fence, wall or hedge exceeds eight feet in height.
C.
Visibility at intersections. Nothing herein shall be construed to limit or modify in any way the existing sections of the Village Code relating to visibility at intersections. The provisions of § 103-20E shall control in any conflict with the provisions of this chapter.
D.
Prohibited fences, walls and hedges. The following types of fences,
walls and hedges are specifically prohibited anywhere in the Village:
(1)
Barbed wire.
(2)
Short, pointed fences.
(3)
Electrically charged fences or walls.
(4)
Temporary fences, such as snow fences, except by express permission
of the Village Board upon good cause shown.
(5)
Chain link fences in a front yard.
(6)
Canvas or cloth fences.
(7)
Cinderblock walls.
(8)
A fence, wall or hedge constructed within the right-of-way of any
public street.
E.
Miscellaneous provisions.
(1)
A fence, whether of wood, chain link, stockade or any other type,
shall be erected so that the smooth or finished side shall face to
the outside of premises. All fence posts shall be placed on the inside
of the fence.
(2)
Painted fences and walls shall be of one color only.
(3)
No fence or wall shall be erected in such manner as to inhibit or
divert the natural drainage flow or to cause the blockage or damming
of surface water, creating ponding.
(4)
No fence or wall shall be erected which may create a fire hazard
or other dangerous condition or which may result in obstruction to
the effective combat of fire.
(5)
All existing fences, walls, hedges and other barriers which do not
conform to the provisions of this chapter may be continued as they
presently exist, as long as the same are not altered, extended or
modified.
[1]
Editor's Note: Former § 112-22, Commercial and light
manufacturing parking, was repealed 5-26-2015 by L.L. No. 7-2015.
[Amended 10-15-2013 by L.L. No. 8-2013; 5-26-2015 by L.L. No. 7-2015]
A.
Purpose and intent.
(1)
It is the purpose of this chapter to:
(a)
Preserve and promote the character and appearances and conserve
the property values of the Village, the attractiveness of whose residential
and business areas is the economic mainstay of the community, by providing
procedures for a site plan and architectural review of structures
henceforth erected, reconstructed or altered in any MU, NMU, R-3M
and M-1 District, as well as any proposed subdivision of land into
four or more buildable lots within any district;
(b)
Encourage good qualities of exterior design and appearances
and to relate such design and appearances to the sites and surroundings;
(c)
Permit originality and resourcefulness in building design and
appearances which are appropriate to the sites and surroundings;
(d)
Prevent such designs and appearances as are unnecessarily offensive
to visual sensibilities or out of character with the valued historic
building forms within the Village;
(e)
Foster the attractiveness and functional utility of the community
as a place to live and work;
(f)
Encourage, where appropriate, a mix of uses within permissible
use zones;
(g)
Raise the level of community expectations for the quality of
its built environment; and
(h)
Promote the Village Land Use Vision as adopted in the Village
Community Plan.
(2)
The Village Board shall hereby concur that any building or structure
found by the Planning/Architectural Review Board to be visually offensive
or inappropriate by reason of poor quality of exterior design, by
excessive similarity or striking visual discord in relation to its
site or surroundings mars the appearance of its area; is detrimental
to the character of its neighborhood; prevents the most appropriate
use and development of land; and therefore adversely affects the economic
stability, prosperity, health, safety and general welfare of the entire
community.
(3)
This
section is enacted under the authority of Subparagraphs (a)(12) and
(d)(3) of the New York State Village Law § 7-718, Municipal Home
Rule Law § 10(1)(ii) and Municipal Home Rule Law § 22, and
it further is the expressed intent of the Village Board of Trustees
to change and supersede New York State Village Law § 7-718(4)
in relation to the length of terms of the members of the Planning/Architectural
Review Board such that those terms shall be of such duration as the
Village Board may establish by local law or resolution.
[Added 5-26-2020 by L.L. No. 5-2020]
B.
Creation of the Planning/Architectural Review Board. There is hereby
created a Planning/Architectural Review Board, which shall consist
of seven members appointed by the Board of Trustees to serve such
terms established by the Board of Trustees. Alternate members shall
be appointed by the Board of Trustees, to serve for such terms established
by the Board of Trustees. All members shall be residents of the Village.
The Board of Trustees shall annually choose one member to serve as
Chairperson. The Board of Trustees shall have the power to remove
any member for cause. Vacancies shall be filled for the unexpired
term of any member whose place has become vacant. The Building and
Zoning Clerk or other Board of Trustees designee shall serve as the
Secretary to the Board.
[Amended 5-26-2020 by L.L. No. 5-2020]
(1)
Alternate Planning/Architectural Review Board member. The position
of alternate Planning/Architectural Review Board member is hereby
created for purposes of substituting for Board members in the event
that a Board member is unable to serve because of a conflict of interest
or for any other reason. The Village Board shall have the power to
appoint up to two alternates. The Planning/Architectural Review Board
Chairperson may designate an alternate or alternate member(s) when
such member(s) is/are unable to participate for the reasons set forth
herein. Such alternate member(s) shall have all the powers and responsibilities
of such member(s) of the Planning/Architectural Review Board. Such
designation shall be entered into the minutes of the initial Planning/Architectural
Review Board meeting at which the designation(s) occurred.
(2)
Effective date. This subsection shall take effect immediately upon
its filing with the New York State Department of State.
C.
Referrals. The Planning/Architectural Review Board shall review all
applications in the following categories:
(1)
R-3M and Mixed Use Districts:
(a)
For lots zoned R-3M, any proposed action described in § 112-15A(4);
(b)
For lots zoned MU, any proposed action described in § 112-16A(4);
(c)
For lots zoned NMU, any proposed action described in § 112-17A(4).
(d)
For all lots, a redevelopment plan or interim landscaping plan
required under § 12-4.
[Added 11-25-2019 by L.L.
No. 7-2019]
(2)
For lots zoned M-1:
(a)
All applications for the construction or reconstruction of any
building or structure.
(b)
All plans for any exterior alteration or addition to any building
or structure or for which the Code Enforcement Officer estimates the
cost to be in excess of $10,000.
(c)
All plans for the erection of a permanent sign as required under Chapter 84, Signs, of the Village Code.]
(d)
For all lots, a redevelopment plan or interim landscaping plan
required under § 12-4.
[Added 11-25-2019 by L.L.
No. 7-2019]
(3)
For lots in any district:
(a)
All proposals involving the subdivision of land into four or
more buildable lots.
(b)
All plans or proposals which, in the opinion of the Zoning Enforcement
Officer, violate the intent of this chapter.
[Amended 6-12-2023 by L.L. No. 4-2023]
(c)
All proposals by the Village Board for revisions of the Comprehensive
Plan, Zoning Map and zoning of specific land areas.
D.
Permit required.
(1)
No activity subject to site plan or architectural review shall be
undertaken, or a permit issued therefor, without approval from the
Planning/Architectural Review Board.
(2)
Prior to the Planning/Architectural Review Board making a determination
on any application subject to site plan and/or architectural review,
the applicant may request, or the Planning/Architectural Review Board
may, at its discretion, require, a preliminary sketch plan conference
to review basic design concepts and generally determine the information
to be required for the Board to make its determination on the application.
At any such sketch plan conference, the applicant shall provide a
statement of rough sketch describing what is proposed, as well as
an area map depicting the lot under consideration and all properties,
streets and easements within 200 feet of the boundaries thereof.
(3)
Upon a finding by the Planning/Architectural Review Board that, due
to special conditions peculiar to a site, certain information normally
required as part of the application for site plan and/or architectural
review, as specified below, is inappropriate, unnecessary or may cause
extraordinary or unnecessary hardship, the Board may waive the provision
of such information, provided that such waiver will not impair the
ability of the Board to fully review such application or have the
effect of nullifying the intent and purpose of these procedures.
E.
Site plan approval.
(1)
Any application requiring site plan approval shall be accompanied
by the following information:
(a)
Proposed use.
(b)
Cost of project.
(c)
Current survey showing all existing buildings, lot lines and
fences sealed by a licensed surveyor.
[Amended 11-26-2018 by L.L. No. 13-2018]
(d)
Site plan, to scale, showing all properties, structures, streets
and easements within 500 feet of the applicant's property and location
of all proposed structures.
(e)
Parking, including number of spaces, ingress, egress, buffers,
drainage, lighting and lot surface.
(f)
Proposed site improvements, including fences, culverts, retaining
wall, etc.
(g)
Compliance with Uniform Code regarding handicapped access and
parking.
(h)
Access for firefighting.
(i)
Recommendation from the Traffic and Safety Committee, if the
application involves any planned alteration in movement of vehicular
traffic on the property, the addition or subtraction of on-site parking
or the addition or elimination of any curb cut on the property.
(j)
Recommendation from the Environmental Advisory Council, if a landscape plan is required pursuant to § 57-3 of this Code.
(k)
SWPPP, if required for the proposed land development activity under § 112-28 of this chapter, together with the recommendation of the SMO to approve, approve with modifications, or disapprove the SWPPP pursuant to § 112-28D of this chapter. If a SWPPP is submitted pursuant to this section, the site plan and SWPPP shall meet with the requirements of § 112-28 of this chapter.
(2)
A plan for the location and removal of snow during snowfall events.
(3)
In acting on any proposed site plan development, the Planning/Architectural
Review Board shall take into consideration the following:
(a)
The requirements of any Village Development Plan, Comprehensive
Plan and/or the Official Map as the same may have been adopted.
(b)
The proposed location of principal and accessory buildings and
any other site improvements.
(c)
The relation to one another of traffic circulation within the
site, height and bulk of buildings, provisions for off-street parking
space, provision of buffer areas and other open spaces on the site
so that any development will adequately handle pedestrian and vehicle
traffic within the site and in relation to the street system adjoining.
(d)
Snow removal provisions.
(e)
Location of permanent signage.
(f)
Adequate off-street parking, where applicable.
(g)
Proper drainage and stormwater management pursuant to § 112-28 of this Code, road alignment, and other aspects which may require review by engineering authorities.
[Amended 11-26-2018 by L.L. No. 13-2018]
(h)
Lighting.
(i)
Lot surface.
(k)
Landscaping.
(m)
With respect to any application relating to a lot or lots within the R-3M District, conformance with the applicable Multiple-Dwelling Residential District design standards set forth in § 112-15.
F.
Architectural review.
(1)
Any application involving the proposed construction or exterior alteration
of a building or structure shall be accompanied by the following information:
(a)
Elevations of exterior design fronting on any public street.
(b)
Samples of exterior colors, materials, roofing, window and door
design.
(c)
All anticipated signage and location of all existing and proposed
signage.
(d)
Cost of the project.
(e)
Landscaping.
(f)
Sealed drawing if project value is in excess of $50,000.
(2)
In acting on any proposed project under architectural review, the
Planning/Architectural Review Board shall take into consideration
the following:
(a)
The natural features of the site and its surroundings, exterior
design and appearances of existing structures and the character of
the district and its peculiar suitability for particular purposes,
with a view to conserving the values of property and encouraging the
most appropriate use of land.
(b)
The building, if erected or altered, would be in harmony with
the purpose of this chapter; would not be visually offensive or inappropriate
by reason of poor quality of exterior design, excessive similarity
or striking visual discord in relation to the site or surroundings;
would not impair the use, enjoyment and desirability and reduce the
values of properties in the area; would not be detrimental to the
character of the neighborhood; would not prevent the most appropriate
development and utilization of the site or of adjacent lands; and
would not adversely affect the functioning, economic stability, prosperity,
health, safety and general welfare of the community.
(c)
Excessive similarity or striking dissimilarity to any other
structure or structures located or proposed to be located on the same
street or within 150 feet of the site would, if erected, provoke one
or more of the following effects:
(d)
Visual offensiveness or other poor qualities of exterior design
with respect to signs, harmony and discord of colors or incompatibility
of the proposed structure with the terrain on which it is to be located,
such as divergences of the height or levels of any part of the structure
from the finished grade level.
(e)
With respect to any application relating to a lot or lots within the R-3M District, conformance with the applicable Multiple-Dwelling Residential District design standards set forth in § 112-15.
G.
Hearing; notice; decision.
(1)
The Planning/Architectural Review Board may, at its discretion, hold
a public hearing on any application reviewed hereunder. If the Board
elects to hold such hearing, it shall be scheduled within 62 days
from the date of the submission of said application, and notice thereof
shall be published in the official Village newspaper at least 10 days
prior to the date thereof. Notice of the public hearing shall also
be posted by the Code Enforcement Officer on the property that is
subject to the hearing in a manner such that the notice can be viewed
from a public street.
(2)
The Planning/Architectural Review Board shall render its decision
on an application within 62 days after either the public hearing,
or, if no such hearing is held, the submission of a complete application;
provided that the time within which the Board must render its decision
may be extended by mutual consent of the applicant and the Board.
(3)
The Planning/Architectural Review Board shall approve, approve with
modification(s) or disapprove an application; provided that, prior
to disapproval, the applicant has been afforded an opportunity to
confer upon suggestions for any change(s) to the proposed action.
(4)
Approval of any application hereunder shall be by a majority vote
of the Planning/Architectural Review Board's members.
(5)
The decision of the Planning/Architectural Review Board shall be
filed in the office of the Village Clerk within five business days
of the vote thereon and a copy mailed to the applicant.
H.
Waivers or deviation from requirements.
(1)
Except as provided herein, whenever the Planning/Architectural Review
Board shall determine, pursuant to evidence and documentation submitted
by an applicant, that strict conformance to the design standards governing
such application is impractical or impossible, the Planning/Architectural
Review Board may, in its discretion, waive or vary the provisions
set forth in such design standards provided that the applicant shall,
to the maximum extent practicable, mitigate any adverse consequences
associated with such failure to adhere to said design standards.
(2)
In exercising its authority hereunder, under no circumstances shall
the Planning/Architectural Review Board grant any waiver or deviation
from any applicable dimensional requirement by more than 50%.
(3)
The authority granted under this section is not be mandatory on the Planning/Architectural Review Board, and if the Planning/Architectural Review Board shall not allow such deviation, the sole remedy of the applicant shall be pursuit of a variance, if otherwise available pursuant to § 112-24 of the Code and/or New York State Village Law Section 7-712-b, by the Zoning Board of Appeals.
(4)
Notwithstanding the provisions of Subsection H(1) above or any other provision herein, the Planning/Architectural Review Board is not authorized to grant such a waiver or deviation from any dimensional requirement related to the overall height, or minimum or maximum number of stories, of any building or structure; the minimum number of parking spaces required; or the location of parking lots or spaces in relation to any buildings or structures. Any such request to deviate from such dimensional requirement(s) may only be granted by the Zoning Board of Appeals pursuant to the standards governing area variances under § 112-24 of the Code and New York State Village Law Section 7-712-b.[3]
I.
Compliance required; amendments.
No permit shall be issued, nor any work performed, with respect to
a site except in conformance with the site plan, architectural or
other applicable approval granted hereunder. Any material deviation
from any site plan, architectural or other approval granted hereunder
shall require approval by the Planning/Architectural Review Board
pursuant to such procedures as the Planning/Architectural Review Board,
in consultation with the Code Enforcement Officer and/or Zoning Enforcement
Officer, deems appropriate given the nature of the proposed modifications.
[Added 12-11-2023 by L.L. No. 5-2023]
A.
Creation, appointment and organization.
(1)
A Zoning Board of Appeals is hereby created and its Chairperson shall
be designated by the Board of Trustees. The Board shall consist of
five members appointed by the Board of Trustees in accordance with
§ 7-712 of the Village Law of New York State.
(2)
Consistent with Village Law, the Board of Appeals shall determine
its own rules of procedure, and all of its deliberations, resolutions
and orders shall be in accordance therewith.
(3)
Alternate Zoning Board of Appeals member. The position of alternate
Zoning Board of Appeals member is hereby created for purposes of substituting
for Board members in the event that a Board member is unable to serve
because of a conflict of interest or for any other reason. The Village
Board shall have the power to appoint up to two alternates. The Zoning
Board of Appeals Chairperson may designate an alternate or alternate
member(s) when such member(s) is/are unable to participate for the
reasons set forth herein. Such alternate member(s) shall have all
the powers and responsibilities of such member(s) of the Zoning Board
of Appeals. Such designation shall be entered into the minutes of
the initial Zoning Board of Appeals meeting at which the designation(s)
occurred.
B.
Powers and duties. The Board of Appeals shall hear and decide appeals
from and review any order, requirement, decision or determination
made by an administrative official or board charged with the enforcement
of any local laws adopted pursuant to this chapter. It shall also
hear and decide all matters referred to it upon which it is required
to pass under any such local law.
C.
Appeals for variance.
(1)
AREA VARIANCE
USE VARIANCE
Definitions. As used in this section, the following terms shall have
the meanings indicated:
The authorization by the Zoning Board of Appeals for the
use of land in a manner which is not allowed by the dimensional or
physical requirements of the applicable zoning regulations.
The authorization by the Zoning Board of Appeals for the
use of land for a purpose which is otherwise not allowed or is prohibited
by the applicable zoning regulations.
(2)
Use variances.
(a)
The Board of Appeals, on appeal from the decision or determination
of the administrative officer charged with the enforcement of such
local law, shall have the power to grant use variances as defined
above.
(b)
No such use variance shall be granted by the Board of Appeals
without a showing by the applicant that applicable zoning regulations
and restrictions have caused unnecessary hardship. In order to prove
such unnecessary hardship, the applicant shall demonstrate to the
Board of Appeals that for each and every permitted use under the zoning
regulations for the particular district where the property is located:
[1]
The applicant cannot realize a reasonable return, provided that
lack of return is substantial as demonstrated by competent financial
evidence.
[2]
That the alleged hardship relating to the property in question
is unique and does not apply to a substantial portion of the district
or neighborhood.
[3]
That the requested use variance, if granted, will not alter
the essential character of the neighborhood.
[4]
That the alleged hardship has not been self-created.
(c)
The Board of Appeals, in the granting of use variances, shall
grant the minimum variance that it shall deem necessary and adequate
to address the unnecessary hardship proved by the applicant and at
the same time preserve and protect the character of the neighborhood
and the health, safety and welfare of the community.
(3)
Area variance.
(a)
The Zoning Board of Appeals shall have the power, upon an appeal
from a decision or determination of the administrative official charged
with the enforcement of such local law, to grant area variances as
defined above.
(b)
In making its determination, the Zoning Board of Appeals shall
take into consideration the benefit to the applicant if the variance
is granted as weighed against the detriment to the health, safety
and welfare of the neighborhood or community by such grant. In making
such determination the Board shall also consider:
[1]
Whether an undesirable change will be produced in the character
of the neighborhood or a detriment to nearby properties will be created
by the granting of the area variance.
[2]
Whether the benefit sought by the applicant can be achieved
by some method feasible for the applicant to pursue, other than an
area variance.
[3]
Whether the requested area variance is substantial.
[4]
Whether the proposed variance will have an adverse effect or
impact on the physical or environmental conditions in the neighborhood
or district.
[5]
Whether the alleged difficulty was self-created; which consideration
shall be relevant to the decision of the Board of Appeals, but shall
not necessarily preclude the granting of the area variance.
(c)
The Board of Appeals, in the granting of area variances, shall
grant the minimum variance that it shall deem necessary and adequate
and at the same time preserve and protect the character of the neighborhood
and the health, safety and welfare of the community.
(4)
Imposition of conditions. The Board of Appeals shall, in the granting
of both use variances and area variances, have the authority to impose
such reasonable conditions and restrictions as are directly related
to and incidental to the proposed use of the property. Such conditions
shall be consistent with the spirit and intent of the Zoning Local
Law and shall be imposed for the purpose of minimizing any adverse
impact such variance may have on the neighborhood or community.
D.
Procedure.
(1)
The Board of Appeals shall act in strict accordance with the procedures
specified by Village Law and by this chapter. All appeals and applications
made to the Board shall be in writing as prescribed by the Board.
Every application for an appeal for a variance shall:
(2)
Every decision of the Board of Appeals shall be by resolution and
by a majority vote of the Board. Each resolution shall contain a full
record of the findings of the Board.
(3)
Meetings of the Board of Appeals shall be held at the call of the
Chairperson. All meetings shall be open to the public, and public
notice shall be given thereof by publication in the official Village
publication at least 10 days prior to the date of the hearing. At
least 10 days before the hearing, notices thereof shall be mailed
to the parties involved, including the record owner of all properties
within 150 feet of the affected premises.
(4)
The Board of Appeals shall keep minutes of its proceedings, showing
the vote of each member upon every resolution, or if absent or failing
to vote, indicating such fact, and shall keep records of its examinations
and other official actions.
(5)
The Chairperson or Acting Chairperson may administer oaths and compel
the attendance of witnesses.
(6)
Every rule, regulation, amendment or repeal thereof and every order,
requirement, decision or determination of the Board shall immediately
be filed in the office of the Village Clerk and shall be a public
record.
(7)
Any appeal to the Board of Appeals shall stay all proceedings in
furtherance of the action appealed from, except as otherwise provided
in Village Law.
E.
Special Use Permits.
[Amended 1-27-2014 by L.L. No. 1-2014]
(1)
The Board of Appeals shall hear and decide all applications for the
following Special Use Permits:
[Amended 6-25-2018 by L.L. No. 10-2018; 6-24-2019 by L.L. No. 5-2019]
(2)
In considering a special permit application, after notice and public
hearing, the Board of Appeals shall determine:
(a)
That the permit will not prevent reasonable use of adjacent
properties or of properties in adjacent districts.
(b)
That the permit will not prevent the reasonable use of permitted
or legally established uses in the district wherein the proposed use
is to be located or in adjacent districts.
(c)
That the safety, health and welfare of the Village will not
be adversely affected by the proposed permit.
(d)
That the permit will be in harmony with the intent of this chapter.
(e)
That the proposed special use conforms to all applicable requirements,
conditions or restrictions provided in this chapter with respect to
such special use.
[Added 11-25-2019 by L.L.
No. 8-2019]
(3)
The Board, in granting a special permit, shall prescribe conditions
it deems reasonable and necessary in order that the results of its
action may be as nearly as possible in accordance with the intent
of this chapter and the zoning district in which the property is located.
(4)
If, for any reason, the practice of the use authorized under a special
permit shall fall into disuse or cease for more than six months, the
permit shall expire and shall be restored only upon the granting of
a new special permit.
H.
Violation of conditions or restrictions. Failure to comply with any
condition or restriction established by the Board of Appeals in approving
any variance or granting of a special permit or a modification of
regulations shall constitute a violation. Such violation may constitute
the basis for revocation of a variance, special permit or modification
or for the imposition of further penalties.
[Added 2-28-2022 by L.L. No. 1-2022[1]]
A.
Any approval or authorization issued pursuant to this chapter shall lapse within 18 months of the date of approval unless, prior to that date, a building permit or certificate of occupancy has been issued or an extension as provided in Subsection B has been requested.
B.
Prior to the expiration of the period of authorization provided for in Subsection A, an applicant may request that such period be extended for a period of 12 months from the date of expiration or extension thereof. Absent a material change in relevant conditions surrounding the original approval, the authorizing board shall grant such extension. Any further extension may only be granted upon a showing of good cause by the applicant, which good cause may include a continued absence of material changes surrounding the original approval and/or factors beyond control of the applicant. Any further extension shall be for such duration as deemed appropriate by the approving board but shall not exceed 12 months.
A.
An accessory structure, as defined in § 112-2 of the Village Code, shall be deemed to include a satellite antenna, unless attached to the principal building.
B.
For purposes of compliance with all setback requirements contained
in the Village Zoning Code, a satellite antenna shall be deemed to
include all cables, guide wires, supports and any other aboveground
appurtenances necessary for proper construction and maintenance of
the satellite antenna.
C.
No satellite antenna shall be constructed without a building permit.
Application for a building permit shall be made by the owner of the
affected premises. The application shall include a survey of the property,
showing the location of all physical improvements on premises as well
as the proposed location of the satellite antenna and any proposed
fencing or landscaping to be used to screen the antenna. Lot measurements
and distances between all lot lines and structures shall be clearly
set out.
(1)
Any application for erection of a satellite antenna on the roof of
a principal building must be accompanied by a set of plans detailing
the necessary construction particulars and sealed by an architect
or engineer.
(2)
When attached to the roof of a principal building, a satellite antenna
shall be located as follows:
D.
The diameter of a satellite antenna shall not exceed eight feet along
its longest axis, and the maximum height above ground level shall
not exceed 14 feet when located on the ground.
E.
The color of any satellite antenna shall be of solid earth tones
in beige, brown, black, gray or green, and the original color shall
be maintained at all times.
F.
Consistent with the ability to receive a usable satellite signal,
a satellite antenna shall be so located and designed as to reduce
or eliminate its visibility from surrounding properties at street
level and from the public streets. The construction of any fence or
other screening structure shall be consistent with existing Village
codes regulating fencing and other types of screening.
G.
The construction of any satellite antenna shall be accomplished in
a good, workmanlike manner, and installation shall be in such manner
as to give reasonable assurance of the absence of potential hazard
resulting from wind, electrical or other elements affecting the safety
of individuals on property. Every satellite antenna must be adequately
grounded for protection against a direct strike by lightning. An antenna
may not be located on any trailer or any other portable device.
H.
All lettering, symbols or other pictorial matter displayed on any
part of a satellite antenna or supporting structures may consist only
of the manufacturer's identification and shall not exceed in size
a total area of two square feet.
I.
Not more than one satellite antenna shall be erected on any individual
premises, except that in any district zoned R-3M or in any mixed use
or manufacturing district a maximum of two satellite antennas may
be permitted.
[Amended 5-26-2015 by L.L. No. 7-2015]
J.
A satellite antenna may be mounted on, or attached to or adjacent
to, a building in a district zoned mixed use (MU or NMU) or manufacturing
(M-1), but the maximum height thereof may not exceed 15 feet above
the highest point of the building roof.
[Amended 5-26-2015 by L.L. No. 7-2015]
A.
Purpose.
(1)
It is recognized that buildings and establishments operated as adult
uses have serious objectionable operational characteristics. In order
to promote the health, safety and general welfare of the residents
of the Village of Williamsville, this part of the Zoning Code is intended
to restrict adult uses to certain nonresidential areas of the Village
of Williamsville and otherwise regulate their operation. This part
of the Zoning Code is intended to promote the health, safety and general
welfare of the residents of the Village of Williamsville by regulating
the concentration of such uses.
(2)
The Constitution and laws of the State of New York grant to the Village
of Williamsville powers, especially police power, to enact reasonable
legislation and measures to regulate and supervise adult entertainment
establishments in order to protect the public health, safety and welfare.
(3)
It is not the intent of the Village of Williamsville in enacting
this section to deny to any person rights to speech protected by the
United States and/or State Constitutions, nor is it the intent of
the Village of Williamsville to impose any additional limitations
or restrictions on the contents of any communicative materials, including
sexually oriented films, video tapes, books and/or other materials.
Further, by enacting this section, the Village of Williamsville does
not intend to deny or restrict the rights of any adult to obtain and/or
view any sexually oriented materials protected by the United States
and/or State Constitutions, nor does it intend to restrict or deny
any constitutionally protected rights that distributors or exhibitors
of such sexually oriented materials may have.
B.
ADULT BOOKSTORE
ADULT CABARET
ADULT ENTERTAINMENT CABARET
ADULT MOTION-PICTURE THEATER
ADULT USE
BODY-RUB ESTABLISHMENT
MASSAGE ESTABLISHMENT
PEEP SHOWS
SPECIFIED ANATOMICAL AREAS
SPECIFIED SEXUAL ACTIVITIES
SUBSTANTIAL CONNECTION
(1)
(2)
(3)
(4)
(5)
Definitions. As used in this section, the following terms shall have
the meanings indicated:
An establishment or business, whether retail or wholesale,
having as a substantial or significant portion of its stock-in-trade
books, magazines and other periodicals, films and viewing materials
for sale or viewing on premises by use of motion-picture devices or
any coin-operated means, including video tapes and props and toys,
which are distinguished or characterized by their emphasis on matter
depicting, describing or relating to specified sexual activities or
specified anatomical areas or an establishment or business containing
a segment or section devoted to the sale or display of such material.
A business enterprise which serves food or beverage for consumption
on the premises, with or without carry-out service, which features
entertainers or waiters and/or waitresses who display any specified
anatomical area or who depict, describe or simulate specified sexual
activities.
A public or private establishment which presents topless
dancers, strippers, exotic dancers, or other similar entertainments.
[Amended 3-27-2023 by L.L. No. 2-2023]
An enclosed building or structure or portion of a building
or structure used for presenting materials having as a dominant theme
material distinguished or characterized by an emphasis on matter depicting,
describing or relating to specified sexual activities or specified
anatomical areas for observation by patrons therein.
An adult bookstore, adult cabaret, adult entertainment cabaret,
adult motion-picture theater, massage establishment, body-rub establishment,
peep show or any other business(es) where specified anatomical areas
are displayed or specified sexual activities are encountered.
Any establishment having a fixed place of business where
body rubs are administered for pay.
Any establishment having a fixed place of business where
massages are administered for pay, including but not limited to massage
parlors, sauna baths and steam baths. This definition shall not be
construed to include a hospital, nursing home or medical clinic or
the office of a physician, surgeon, chiropractor, osteopath or duly
licensed physical therapist or barbershops or beauty salons in which
massages are administered only to the scalp, face, neck or shoulders.
This definition also shall exclude health clubs which have facilities
for physical exercise, such as tennis courts, racquetball courts or
exercise rooms, and which do not receive their primary source of revenue
through the administration of massages. Such establishments are not
prohibited, provided that they have a duly licensed massage therapist
on the premises.
A theater which presents material in the form of live shows,
films or videotapes viewed from an individual enclosure for which
a fee is charged and which is not open to the public generally.
In a sole proprietorship, an individual who owns, operates,
controls or conducts, directly or indirectly, any premises, building
or location upon which any adult use takes place.
In a partnership, limited or general, an individual who shares
in any potential profits or losses of the business or who shares in
the ownership of any of the assets of the partnership business.
In a corporation, an individual who is an officer, director
or a holder, either directly, indirectly or beneficially, of more
than 20% of any class of stock.
Any person who furnishes more than 20% of the capital of the
financing or assets of such business, whether in cash, goods or services.
These definitions are to include any type of business(es) or
combination of business(es) where specified anatomical areas are displayed
or specified sexual activities are encountered.
C.
Restrictions affecting adult uses.
(1)
The adult bookstores, adult cabarets, adult entertainment cabarets,
adult motion-pictures theaters, adult motels, massage establishments,
body-rub establishments and peep shows or any other adult use governed
by these provisions shall be allowable only for properties located
in the manufacturing districts and subject to the requirements herein
established.
(2)
Not more than one of the uses governed by these provisions shall
be permitted on any single lot in the Village of Williamsville.
(3)
None of the uses governed by these provisions shall be allowed:
(a)
Within 250 feet of the boundary of any residential zoning district.
(b)
Within 1,000 feet of the property line of a public or private
school, hospital, synagogue, church or other religious institution,
day-care center, youth center, park or playground, public library
or areas where minors congregate.
(c)
Within 500 feet of the property line of another lot containing
an adult use.
(4)
All adult uses, adult bookstores, adult cabarets, adult entertainment
cabarets, adult motion-picture theaters, adult motels, massage establishments,
body-rub establishments and peep shows, with the exception of their
permitted signs, landscaping and off-street parking, shall be conducted
in an enclosed building. Regardless of location or distance, no one
who is passing by an enclosed building having a use governed by these
provisions shall be able to see any specified anatomical area or any
specified sexual activity by virtue of any act or display which depicts
or shows anatomical area or any specified sexual activity by virtue
of any act or display which depicts or shows said area or activity.
This requirement shall apply to any display, decoration, sign, window
or other opening.
(5)
A person who knowingly owns, manages, operates, conducts or maintains
any of the uses governed by these provisions in any way which is contrary
to these regulations shall be subject to prosecution under this code.
(6)
No such establishment as defined in this section shall employ any
individual below the age of 18 years.
D.
Registration.
(1)
No person, firm, corporation or other entity shall lease, rent, maintain,
operate, use or allow to be operated or used any business or establishment,
any part of which contains an adult use, without first complying with
the provisions of this part of the Zoning Code as set forth below.
(2)
In addition to any and all other necessary licenses and permits,
no form of adult use shall be allowed to operate or continue to operate
until a certificate of registration is filed with the Village Clerk
containing:
(a)
The name and address of the business or the establishment subject
to the provisions of this part of the Zoning Code.
(b)
The names, business and home addresses and business or home
phone numbers of all owners of the business or establishment subject
to the provisions of this part of the Zoning Code.
(c)
The names, business and home addresses and business or home
phone numbers of all those persons having a substantial connection
with the business or establishment subject to the provisions of this
part of the Zoning Code.
(d)
The date of the initiation of the adult use.
(e)
The exact nature of the adult use.
(f)
If the premises or the building in which the business containing
the adult use is located is leased, a copy of the lease, name of the
tenant and name, address and telephone numbers of the landlord.
(g)
The applicant shall also submit a plan drawn to appropriate
scale of the premises proposed for registration indicating the areas
to be covered by the registration, all windows, doors, entrances and
exits and the fixed features of the proposed registered premises.
The term "fixed features" shall include walls, stages, immovable partitions,
projection booths, admission booths, concession booths and stands,
immovable counters and similar appurtenances that are intended to
be permanent.
(h)
The applicant shall state all criminal convictions, the nature
of this conviction and location.
(3)
If there occurs any change in the information required for the information
of registration or the certification of registration, the Village
Clerk shall be notified of such change and a new or amended certificate
filed within 30 days of such change.
(4)
The processing fee for such certificate of registration or amendment
thereto shall be $250.
(5)
No certificate of registration issued under the provisions of this
part of the Zoning Code shall be transferable to any person other
than the registrant, nor shall a certificate of registration be transferable
for use at any premises, building or location other than stated in
the certificate of registration.
(6)
Change of name. A registrant may not move the registered adult use
to a new location without first following the same procedure for the
issuance of a new registration and the payment of an application fee
of $250. The registrant shall submit to the Village Clerk an application
for a change of location, accompanied by the application fee of $250.
(7)
The owner, manager or agent of any adult use shall cause a copy of
the certificate of registration issued under the provisions of this
part of the Zoning Code to be prominently displayed on the premises,
building or location for which it is issued.
(8)
Any knowingly false statement or any statement which the registrant
or applicant should reasonably have known to be false which is provided
in the certificate of registration or any document or information
supplied therewith shall be grounds for denial, rejection, suspension
or revocation of the certificate of registration.
(9)
It is a violation of this part of the Zoning Code for the owner or
person in control of any property to establish or operate thereon
or to permit an adult use without having in force a certificate of
registration complying with this subsection.
(10)
No adult use shall be conducted in any manner that permits the
observation of any material depicting, describing or relating to specified
sexual activities or specified anatomical areas from any public way
or from any property not registered as an adult use. This provision
shall apply to any display, decoration, sign, show window, screen
or other opening.
E.
Issuance.
(1)
Upon the completion of the investigation of an application by the
Department of Building and the Chief of Police, the Building Department
shall submit a recommendation for approval or disapproval of the application
to the Village Clerk. If approved, the Village Clerk shall issue the
registration upon the payment of the appropriate registration fee.
(2)
If the Building Department recommends disapproval, that person shall
indicate the reason for the disapproval on the application or in a
separate writing. The Village Clerk shall inform the applicant of
approval or disapproval. A notice of disapproval shall state the reason
thereof. Notification of disapproval shall be by certified mail and
shall be sent to the address on the registration application, which
shall be considered to be the correct address.
F.
Term of registration.
(1)
All registrations issued under this part of this Zoning Code shall
be classified as annual registrations which shall be paid for on or
before June 1 and shall expire on May 31; a new registration may be
obtained upon application therefor and the payment of the appropriate
annual registration fee, and such registration shall expire on May
31 of the same year. The provisions of this subsection shall not affect
any other provisions of this part of the Zoning Code.
(2)
A registrant under this section shall be entitled to a renewal of
his or her annual registration from year to year, as a matter of course,
on or before June 1, by presenting the registration for the previous
year or satisfactory evidence of its loss or destruction to the Village
Clerk and by paying the appropriate registration fee.
G.
Denial. A new or renewal application for registration shall be denied:
(1)
When the applicant or any of the other individuals listed pursuant
to this part of the Zoning Code have had their registration previously
suspended or revoked or have been a partner in a partnership or an
officer, director or principal stockholder of a corporation whose
registration under this part of the Zoning Code has previously been
suspended or revoked.
(2)
When any false statement is made on the application for registration.
(3)
When the applicant or partner in a partnership or an officer, director
or principal stockholder of a former or existing corporation or the
corporation itself has been convicted of a criminal act in this state
or any other state within five years immediately preceding the date
of the application.
(4)
Any new corporation formed by an officer, directors or principal
shareholders of a corporation which has been convicted of a criminal
act in this state or any other state within five years immediately
preceding the date of the application.
H.
Revocation. The registration issued under this part of this Zoning
Code shall be revoked immediately if the applicant or partner, officer
or principal stockholder of a former or existing corporation or the
corporation itself is convicted of a criminal act in this state or
any other state.
I.
Amortization. In all districts, except as provided in this part of
the Zoning Code, any adult use shall terminate not later than one
year after the effective date of this part of the Zoning Code, and
thereafter, the space or premises or building formerly occupied by
such use shall be used only for a conforming use.
A.
Findings. It is hereby determined that:
(1)
Land development activities and associated increases in site impervious
cover often alter the hydrologic response of local watersheds and
increase stormwater runoff rates and volumes, flooding, stream channel
erosion, or sediment transport and deposition.
(2)
This stormwater runoff contributes to increased quantities of water-borne
pollutants, including siltation of aquatic habitat for fish and other
desirable species.
(3)
Clearing and grading during construction tends to increase soil erosion
and add to the loss of native vegetation necessary for terrestrial
and aquatic habitats.
(4)
Improper design and construction of stormwater management practices
can increase the velocity of stormwater runoff thereby increasing
stream bank erosion and sedimentation.
(5)
Impervious surfaces allow less water to percolate into the soil,
thereby decreasing groundwater recharge and stream baseflow.
(6)
Substantial economic losses can result from these adverse impacts
on the waters of the Village.
(7)
Stormwater runoff, soil erosion and nonpoint source pollution can
be controlled and minimized through the regulation of stormwater runoff
from land development activities.
(8)
The regulation of stormwater runoff discharges from land development
activities in order to control and minimize increases in stormwater
runoff rates and volumes, soil erosion, stream channel erosion, and
nonpoint source pollution associated with stormwater runoff is in
the public interest and will minimize threats to public health and
safety.
(9)
Regulation of land development activities by means of performance
standards governing stormwater management and site design will produce
development compatible with the natural functions of a particular
site or an entire watershed and thereby mitigate the adverse effects
of erosion and sedimentation from development.
B.
Purpose. The purpose of this section is to establish minimum stormwater management requirements and controls to protect and safeguard the general health, safety, and welfare of the public residing within this jurisdiction and to address the findings of fact in § 112-28A of this chapter. This section seeks to meet those purposes by achieving the following objectives:
(1)
Meet the requirements of minimum measures 4 and 5 of the New York
State Department of Environmental Conservation State Pollutant Discharge
Elimination System (SPDES) General Permit for Stormwater Discharges
from Municipal Separate Stormwater Sewer Systems (MS4s), Permit No.
GP-0-15-003, as amended or revised;
[Amended 11-26-2018 by L.L. No. 13-2018]
(2)
Require land development activities to conform to the substantive
requirements of the New York State Department of Environmental Conservation
State Pollutant Discharge Elimination System (SPDES) General Permit
for Construction Activities, Permit No. GP-0-15-003, as amended or
revised;
[Amended 11-26-2018 by L.L. No. 13-2018]
(3)
Minimize increases in stormwater runoff from land development activities
in order to reduce flooding, siltation, increases in stream temperature,
and stream bank erosion and maintain the integrity of stream channels;
(4)
Minimize increases in pollution caused by stormwater runoff from
land development activities which would otherwise degrade local water
quality;
(5)
Minimize the total annual volume of stormwater runoff which flows
from any specific site during and following development to the maximum
extent practicable; and
(6)
Reduce stormwater runoff rates and volumes, soil erosion and nonpoint
source pollution, wherever possible, through stormwater management
practices and ensure that these management practices are properly
maintained and eliminate threats to public safety.
C.
General provisions.
(1)
Applicability. This section shall be applicable to all land development
activities.
(2)
Exemptions. The following activities shall be exempt from review
under this section:
(a)
Agricultural activity.
(b)
Silvicultural activity, except that landing areas and log haul
roads are subject to this section.
(c)
Routine maintenance activities that disturb less than five acres
and are performed to maintain the original line and grade, hydraulic
capacity or original purpose of a facility.
(d)
Repairs to any stormwater management practice or facility deemed
necessary by the Stormwater Management Officer.
(e)
Any part of a subdivision if a plat for the subdivision has
been approved by the Village of Williamsville on or before the effective
date of this section.
(f)
Land development activities for which a building permit has
been approved on or before the effective date of this section.
(g)
Cemetery graves.
(h)
Installation of fence, sign, telephone, and electric poles and
other kinds of posts or poles.
(i)
Emergency activity immediately necessary to protect life, property
or natural resources.
(j)
Activities of an individual engaging in home gardening by growing
flowers, vegetables and other plants primarily for use by that person
and his or her family.
(k)
Landscaping and horticultural activities in connection with
an existing structure.
D.
Requirements.
(1)
The Village of Williamsville shall designate an SMO who shall accept
and review all SWPPPs. The SMO may:
(a)
Review the SWPPPs;
(b)
Upon approval by the Board of Trustees, engage the services
of a registered professional engineer to review the SWPPPs, specifications
and related documents at a cost not to exceed a fee schedule established
by the Board of Trustees; or
(c)
Accept the certification of a licensed professional that the
SWPPPs conform to the requirements of this section.
(2)
For all land development activities subject to review and approval
by any board, commission, agency or official of the Village under
this Code, the applicant or developer shall be required to submit
a SWPPP, prepared by licensed professional engineer, that complies
with the requirements of this section to the SMO, and the land development
activity shall be reviewed subject to the standards contained in this
section. Within 30 days of receipt of a SWPPP, the SMO shall forward
the SWPPP, together with his or her written recommendation to approve,
approve with modifications, or disapprove the SWPPP, to such board,
commission, agency or official of the Village which may be reviewing
the application for approval of a land development activity requiring
submission of a SWPPP. A recommendation of approval shall only be
given if the SWPPP complies with the requirements of this section.
In making a recommendation to approve with modifications or disapprove
the SWPPP, the SMO shall state the reasons for the decision in writing.
If the SMO recommends to approve with modifications or disapprove
the SWPPP, the applicant shall revise such SWPPP in accordance with
the recommendations of the SMO and shall submit the revised SWPPP
to the SMO for review. The board, commission, agency or official of
the Village reviewing the application for a land development activity
shall not approve such application unless the SWPPP complies with
the requirements of this section.
[Amended 11-26-2018 by L.L. No. 13-2018[1]]
[1]
Editor’s Note: This local law also repealed former Subsection
D(3), regarding the submission of a SWPPP.
E.
Stormwater pollution prevention plans.
(1)
Stormwater pollution prevention plan requirement. No application
for approval of a land development activity shall be reviewed until
the SMO or such agency, council, committee, employee, or board of
the Village of Williamsville which may be reviewing any application
for a land development activity requiring submission of a SWPPP has
received a SWPPP prepared in accordance with the specifications in
this section.
(2)
Contents of stormwater pollution prevention plans.
(a)
All SWPPPs shall provide the following background information
and erosion and sediment controls:
[1]
Background information about the scope of the project, including
location, type and size of project;
[2]
Site map/construction drawing(s) for the project, including
a general location map. The site map should be at a scale of no smaller
than one inch to 100 feet. At a minimum, the site map should show
the total site area; all improvements; areas of disturbance; areas
that will not be disturbed; existing vegetation; on-site and adjacent
off-site surface water(s); wetlands and drainage patterns that could
be affected by the land development activity; existing and final slopes;
locations of off-site material, waste, borrow or equipment storage
areas; and location(s) of the stormwater discharge(s);
[3]
Description of the soil(s) present at the site;
[4]
Construction phasing plan describing the intended sequence of
construction activities, including clearing and grubbing, excavation
and grading, utility and infrastructure installation and any other
activity at the site that results in soil disturbance. Consistent
with the Erosion Control Manual, not more than five acres shall be
disturbed at any one time unless pursuant to an approved SWPPP;
[5]
Description of the pollution prevention measures that will be
used to control litter, construction chemicals and construction debris
from becoming a pollutant source in stormwater runoff;
[6]
Description of construction and waste materials expected to
be stored on site, with updates as appropriate, and a description
of controls to reduce pollutants from these materials, including storage
practices to minimize exposure of the materials to stormwater, and
spill prevention and response;
[7]
Temporary and permanent structural and vegetative measures to
be used for soil stabilization, runoff control and sediment control
for each stage of the project from initial land clearing and grubbing
to project close-out;
[8]
A site map/construction drawing(s) specifying the location(s),
size(s) and length(s) of each erosion and sediment control practice;
[9]
Dimensions, material specifications and installation details
for all erosion and sediment control practices, including the siting
and sizing of any temporary sediment basins;
[10]
Temporary practices that will be converted to
permanent control measures;
[11]
Implementation schedule for staging temporary
erosion and sediment control practices, including the timing of initial
placement and duration that each practice should remain in place;
[12]
Maintenance schedule to ensure continuous and
effective operation of the erosion and sediment control practice;
[13]
Name(s) of the receiving water(s);
[14]
Delineation of SWPPP implementation responsibilities
for each part of the site;
[15]
Description of structural practices designed to
divert flows from exposed soils, store flows, or otherwise limit runoff
and the discharge of pollutants from exposed areas of the site to
the degree attainable; and
[16]
Any existing data that describes the stormwater
runoff at the site.
(b)
Land development activities meeting Condition A, B, C or D below shall also include water quantity and water quality controls (post-construction stormwater runoff controls) as set forth in § 112-28E(2)(c) of this chapter as applicable:
[Amended 11-26-2018 by L.L. No. 13-2018]
[1]
Condition A: stormwater runoff from land development activities
discharging a pollutant of concern to either an impaired water identified
on the Department's 303(d) list of impaired waters or a total maximum
daily load (TMDL) designated watershed for which pollutants in stormwater
have been identified as a source of the impairment.
[2]
Condition B: stormwater runoff from land development activities
disturbing five or more acres.
[3]
Condition C: stormwater runoff from land development activity
disturbing between one and five acres of land during the course of
the project, exclusive of the construction of single-family residences
and construction activities at agricultural properties.
[4]
Condition D: Stormwater runoff from land development activities
not meeting Condition A, B, or C, above, but involving soil disturbance
between one-quarter acre (10,890 square feet) and one acre of land
during the course of the project, or creation of 18 or more parking
spaces and associated driveways and aisles, exclusive of the construction
of single-family residences and construction activities at agricultural
properties, shall require water quantity controls only demonstrating
post-development peak flows during a twenty-five-year storm will be
less than pre-development peak flows during a ten-year storm.
(c)
SWPPP requirements for Conditions A, B, C or D.
[Amended 11-26-2018 by L.L. No. 13-2018]
[1]
All information in § 112-28E(2)(a) of this chapter;
[2]
Description of each post-construction stormwater management
practice;
[3]
Site map/construction drawing(s) showing the specific location(s)
and size(s) of each post-construction stormwater management practice;
[4]
Hydrologic and hydraulic analysis for all structural components
of the stormwater management system for the applicable design storms;
[5]
Comparison of post-development stormwater runoff conditions
with pre-development conditions;
[6]
Dimensions, material specifications and installation details
for each post-construction stormwater management practice;
[7]
Maintenance schedule to ensure continuous and effective operation
of each post-construction stormwater management practice;
[8]
Maintenance easements to ensure access to all stormwater management
practices at the site for the purpose of inspection and repair. Easements
shall be recorded on the plan and shall remain in effect with transfer
of title to the property; and
(d)
The SWPPP shall be prepared by a licensed professional and must
be signed by the professional preparing the plan, who shall certify
that the design of all stormwater management practices meets the requirements
in this section.
(3)
Other environmental permits. The applicant shall assure that all
other applicable environmental permits have been or will be acquired
for the land development activity prior to approval of the final stormwater
design plan.
(4)
Contractor certification.
(a)
Each contractor and subcontractor identified in the SWPPP who
will be involved in soil disturbance and/or stormwater management
practice installation shall sign and date a copy of the following
certification statement before undertaking any land development activity:
"I certify under penalty of law that I understand and agree to comply
with the terms and conditions of the stormwater pollution prevention
plan. I also understand that it is unlawful for any person to cause
or contribute to a violation of water quality standards."
(b)
The certification must include the name and title of the person
providing the signature, address and telephone number of the contracting
firm, the address (or other identifying description) of the site,
and the date the certification is made.
(c)
The certification statement(s) shall be included with and become
part of the SWPPP for the land development activity.
(5)
A copy of the SWPPP shall be retained at the site of the land development
activity during construction from the date of initiation of construction
activities to the date of final stabilization.
F.
Performance and design criteria for stormwater management and erosion
and sediment control. All land development activities shall be subject
to the following performance and design criteria:
(1)
Technical standards. For the purpose of this section, the following
documents shall serve as the official guides and specifications for
stormwater management. Stormwater management practices that are designed
and constructed in accordance with these technical documents shall
be presumed to meet the standards imposed by this section:
(2)
Equivalence to technical standards. Where stormwater management practices are not in accordance with technical standards, the applicant or developer must demonstrate equivalence to the technical standards set forth in § 112-28F(1) of this chapter.
(3)
Water quality standards. Any land development activity shall not
cause an increase in turbidity that will result in substantial visible
contrast to natural conditions in surface waters of the State of New
York.
G.
Maintenance, inspection and repair of stormwater facilities.
(1)
Maintenance and inspection during construction.
(a)
The applicant or developer of the land development activity
or his or her representative shall at all times properly operate and
maintain all facilities and systems of treatment and control (and
related appurtenances) which are installed or used by the applicant
or developer to achieve compliance with the conditions of this section.
Sediment shall be removed from sediment traps or sediment ponds whenever
their design capacity has been reduced by 50%.
(b)
For land development activities meeting Condition A, B or C in § 112-28E(2)(b) of the Village Code, the applicant shall have a qualified professional conduct site inspections and document the effectiveness of all erosion and sediment control practices every seven days and within 24 hours of any storm event producing 0.5 inch of precipitation or more. Inspection reports shall be maintained in a site log book.
(2)
Maintenance easement(s). Prior to the issuance of any approval that
has a stormwater management facility as one of the requirements, the
applicant or developer must execute a maintenance easement agreement
that shall be binding on all subsequent landowners served by the stormwater
management facility. The easement shall provide for access to the
facility at reasonable times for periodic inspection by the Village
of Williamsville to ensure that the facility is maintained in proper
working condition to meet design standards and any other provisions
established by this section. The easement shall be recorded by the
grantor in the office of the County Clerk after approval by the counsel
for the Village of Williamsville.
(3)
Maintenance after construction. The owner or operator of permanent
stormwater management practices installed in accordance with this
section shall ensure they are operated and maintained to achieve the
goals of this section. Proper operation and maintenance also includes,
as a minimum, the following:
(a)
A preventive/corrective maintenance program for all critical
facilities and systems of treatment and control (or related appurtenances)
which are installed or used by the owner or operator to achieve the
goals of this section.
(b)
Written procedures for operation and maintenance and training
new maintenance personnel.
(4)
Maintenance agreements. The Village of Williamsville shall approve
a formal maintenance agreement for stormwater management facilities
binding on all subsequent landowners and recorded in the office of
the County Clerk as a deed restriction on the property prior to final
plan approval. The maintenance agreement shall be consistent with
the terms and conditions of Schedule A of this chapter, entitled "Sample
Stormwater Control Facility Maintenance Agreement."[2] The Village of Williamsville, in lieu of a maintenance
agreement, at its sole discretion, may accept dedication of any existing
or future stormwater management facility, provided such facility meets
all the requirements of this section and includes adequate and perpetual
access and sufficient area, by easement or otherwise, for inspection
and regular maintenance.
[2]
Editor's Note: Schedule A is included at the end of this chapter.
H.
Administration and enforcement.
(1)
Construction inspection.
(a)
Erosion and sediment control inspection.
[1]
The SMO may require such inspections as necessary to determine
compliance with this section and may either approve that portion of
the work completed or notify the applicant wherein the work fails
to comply with the requirements of this section and the SWPPP as approved.
To obtain inspections, the applicant shall notify the SMO at least
48 hours before any of the following, as required by the SMO:
[a]
Start of construction;
[b]
Installation of sediment and erosion control measures;
[c]
Completion of site clearing;
[d]
Completion of rough grading;
[e]
Completion of final grading;
[f]
Close of the construction season;
[g]
Completion of final landscaping; or
[h]
Successful establishment of landscaping in public
areas.
[2]
If any violations are found, the applicant and developer shall
be notified, in writing, of the nature of the violation and the required
corrective actions. No further work shall be conducted except for
site stabilization until any violations are corrected and all work
previously completed has received approval by the SMO.
(b)
Stormwater management practice inspections. The SMO is responsible
for conducting inspections of SMPs. All applicants are required to
submit as-built plans for any SMPs located on site after final construction
is completed. The plan must show the final design specifications for
all stormwater management facilities and must be certified by a professional
engineer.
(c)
Inspection of stormwater facilities after project completion.
Inspection programs shall be established on any reasonable basis,
including but not limited to: routine inspections; random inspections;
inspections based upon complaints or other notice of possible violations;
inspection of drainage basins or areas identified as higher-than-typical
sources of sediment or other contaminants or pollutants; inspections
of businesses or industries of a type associated with higher-than-usual
discharges of contaminants or pollutants or with discharges of a type
which are more likely than the typical discharge to cause violations
of state or federal water or sediment quality standards or the SPDES
stormwater permit; and joint inspections with other agencies inspecting
under environmental or safety laws. Inspections may include, but are
not limited to: reviewing maintenance and repair records; sampling
discharges, surface water, groundwater, and material or water in drainage
control facilities; and evaluating the condition of drainage control
facilities and other stormwater management practices.
(d)
Submission of reports. The SMO may require monitoring and reporting
from entities subject to this section as are necessary to determine
compliance with this section.
(e)
Right-of-entry for inspection. When any new stormwater management facility is installed on private property or when any new connection is made between private property and the public stormwater system, the landowner shall grant to the Village of Williamsville the right to enter the property at reasonable times and in a reasonable manner for the purpose of inspection as specified in § 112-28H(1) of this chapter.
(2)
Performance guarantee.
(a)
Construction completion guarantee. In order to ensure the full
and faithful completion of all land development activities related
to compliance with all conditions set forth by the Village of Williamsville
in its approval of the SWPPP, the Village of Williamsville may require
the applicant or developer to provide, prior to construction, a performance
bond, cash escrow, or irrevocable letter of credit from an appropriate
financial or surety institution which guarantees satisfactory completion
of the project and names the Village of Williamsville as the beneficiary.
The security shall be in an amount to be determined by the Village
of Williamsville based on submission of final design plans, with reference
to actual construction and landscaping costs. The performance guarantee
shall remain in force until the surety is released from liability
by the Village of Williamsville, provided that such period shall not
be less than one year from the date of final acceptance or such other
certification that the facility(ies) has (have) been constructed in
accordance with the approved plans and specifications and that a one-year
inspection has been conducted and the facilities have been found to
be acceptable to Village of Williamsville. Per-annum interest on cash
escrow deposits shall be reinvested in the account until the surety
is released from liability.
(b)
Maintenance guarantee. Where stormwater management and erosion
and sediment control facilities are to be operated and maintained
by the developer or by a corporation that owns or manages a commercial
or industrial facility, the developer, prior to construction, may
be required to provide the Village of Williamsville with an irrevocable
letter of credit from an approved financial institution or surety
to ensure proper operation and maintenance of all stormwater management
and erosion control facilities both during and after construction
and until the facilities are removed from operation. If the developer
or landowner fails to properly operate and maintain stormwater management
and erosion and sediment control facilities, the Village of Williamsville
may draw upon the account to cover the costs of proper operation and
maintenance, including engineering and inspection costs.
(c)
Recordkeeping. The Village of Williamsville may require entities
subject to this section to maintain records demonstrating compliance
with this section.
(3)
Enforcement and penalties.
(a)
Notice of violation. When the Village of Williamsville determines
that a land development activity is not being carried out in accordance
with the requirements of this section, it may issue a written notice
of violation to the landowner, developer, and/or applicant. The notice
of violation shall contain:
[1]
The name and address of the landowner, developer and/or applicant;
[2]
The address, when available, or a description of the building,
structure or land upon which the violation is occurring;
[3]
A statement specifying the nature of the violation;
[4]
A description of the remedial measures necessary to bring the
land development activity into compliance with this section and a
time schedule for the completion of such remedial action;
[5]
A statement of the penalty or penalties that shall or may be
assessed against the person to whom the notice of violation is directed;
and
[6]
A statement that the determination of violation may be appealed
to the Village by filing a written notice of appeal within 15 days
of service of notice of violation.
(b)
Stop-work orders. The Village of Williamsville may issue a stop-work
order for violations of this section. Persons receiving a stop-work
order shall be required to halt all land development activities, except
those activities that address the violations leading to the stop-work
order. The stop-work order shall be in effect until the Village of
Williamsville confirms that the land development activity is in compliance
and the violation has been satisfactorily addressed. Failure to address
a stop-work order in a timely manner may result in civil, criminal,
or monetary penalties in accordance with the enforcement measures
authorized in this section.
(c)
Violations. Any land development activity that is commenced
or is conducted contrary to this section may be restrained by injunction
or otherwise abated in a manner provided by law.
(d)
Penalties. In addition to or as an alternative to any penalty
provided herein or by law, any person who violates the provisions
of this section shall be guilty of a violation punishable by a fine
not exceeding $350 or imprisonment for a period not to exceed six
months, or both, for conviction of a first offense; for conviction
of a second offense, both of which were committed within a period
of five years, punishable by a fine not less than $350 nor more than
$700 or imprisonment for a period not to exceed six months, or both;
and upon conviction for a third or subsequent offense, all of which
were committed within a period of five years, punishable by a fine
not less than $700 nor more than $1,000 or imprisonment for a period
not to exceed six months, or both. However, for the purposes of conferring
jurisdiction upon courts and judicial officers generally, violations
of this section shall be deemed misdemeanors, and for such purpose
only all provisions of law relating to misdemeanors shall apply to
such violations. Each week's continued violation shall constitute
a separate additional violation.
(e)
Withholding of certificate of occupancy. If any building or
land development activity is installed or conducted in violation of
this section, the SMO may prevent the occupancy of said building or
land.
(f)
Restoration of lands. Any violator may be required to restore
land to its undisturbed condition. In the event that restoration is
not undertaken within a reasonable time after notice, the Village
of Williamsville may take necessary corrective action, the cost of
which shall become a lien upon the property until paid.
(4)
Fees for services. The Village of Williamsville may require any person
undertaking land development activities regulated by this section
to pay reasonable costs at prevailing rates for review of SWPPPs,
inspections, or SMP maintenance performed by the Village of Williamsville
or performed by a third party for the Village of Williamsville.
[1]
Editor's Note: Former § 112-29, Seasonal outdoor
seating, was repealed 4-23-2012 by L.L. No. 6-2012. See now § 112-16J.
[Added 1-23-2012 by L.L. No. 2-2012]
A.
No portable storage container may be stored or placed on property in any residential (R-1, R-2, R-3 or R-3M) or mixed use (MU or NMU) for more than 14 days without obtaining a permit from the Building Department pursuant to Subsection C. Such portable storage containers may be used only to temporarily store equipment or material used in connection with work being performed on said property.
[Amended 5-26-2015 by L.L. No. 7-2015]
B.
Any portable
storage container must be placed in the rear of the property or, in
the case of residentially zoned properties with a driveway, in said
driveway and not closer than 15 feet from the street.
C.
Any property
owner wishing to store or place a portable storage container for more
than 14 days must, as soon as practicable but in no event prior to
the expiration of the 10th day, apply for a permit from the Code Enforcement
Officer to maintain the Portable Storage Container on the property
for a period not to exceed 30 days. The Code Enforcement Officer may
grant such application only upon a showing of substantial need and
impracticability of storing the materials contained in the Portable
Storage Container either within a permanent structure on the property
or off site. In granting any application hereunder, the Code Enforcement
Officer may impose such conditions as he or she deems necessary, including
conditions that adequately screen such Portable Storage Container
from view from the street or neighboring properties.
