[Added 11-24-2003 by L.L. No. 6-2003]
A.
In accordance with the goals and objectives of the
Town of Tonawanda, the 2002 Waterfront Land Use Plan and the Town's
Local Waterfront Revitalization Program, this overlay district is
designed to better manage and accommodate business growth along the
River Road corridor through the implementation of guidelines to regulate
development and redevelopment. This overlay is also intended to encourage
the development and redevelopment of uses that are in harmony with
the surrounding area, improve the visual character of the area, protect
adjoining environmental resources and enhance the character of the
area as an important gateway to the Town of Tonawanda and its waterfront.
B.
This overlay will act to regulate the River Road corridor
as a growing business district, with three distinct areas that possess
unique characteristics, as follows:
(1)
The area situated generally between the City
of Tonawanda and the northern property line of the Seaway landfill,
herein referred to as the "business transitional area," should support
uses that provide high quality commercial development. Development
in this area should support the establishment of a gateway entrance
from the City of Tonawanda and complement views of the Niagara River.
(2)
The area situated generally between the northern
boundary of the Seaway Landfill and the northern boundary of the parcel
known as Niagara River World, herein referred to as the "Thruway impact
area," is a mixed-use area comprised of commercial and industrial
development and proposed parklands that is influenced by entrances
and exits associated with the NYS Thruway system. These exits also
serve as an important gateway to the Town's waterfront. While more
intense uses are allowed in portions of this area, development should
not degrade adjoining uses, particularly in areas characterized by
parklands or important views.
(3)
The area from the northern boundary of Niagara
River World to the northern boundary of the Huntley Power Station
property, herein referred to as the "light industrial corridor area,"
is characterized by a mix of heavy and light industrial uses and serves
as a transition area to the heavily industrial area to the south.
C.
The River Road Overlay District regulations will supplement
the underlying zoning requirements and provide for safe and orderly
development within all three portions of the defined section of River
Road. These overlay requirements are to be used in conjunction with
the zoning regulations and other performance regulations in the code.
Where conflicting requirements are encountered, the overlay requirements
shall supersede any other regulations.
This overlay district shall encompass the corridor
of River Road, including the three areas outlined above, extending
from the border between the Town and the City of Tonawanda to the
northern boundary of the Huntley Power Station. The overlay district
shall extend into all properties on the waterfront side of River Road
to a depth of 500 feet from the western right-of-way of River Road
or to the Niagara River, whichever is less. It shall also extend into
all parcels on the inland side of River Road to a depth of 500 feet
from the eastern right-of-way of River Road.
The special regulations contained herein, which
govern all proposed development and redevelopment within the boundaries
of the River Road Overlay District, shall be founded upon the following
objectives.
A.
Business transitional area.
(1)
Being a transitional area between the Town and
the City of Tonawanda, care shall be taken to minimize impacts to
the city's resources.
(2)
The intent of this area of the overlay is to
provide for a higher quality of development, focusing on a Class A
office image and public parkland. All buildings that are visible from
River Road should present a high-quality image. Architectural designs
should complement land uses in the area, particularly Isle View Park,
and provide for a positive image in the area. Appropriate facade designs
and building materials that complement and improve the character of
the area shall be required.
(3)
To promote more efficient traffic flow and traffic
safety, every effort shall be made to provide shared means of ingress
and egress to developed and developing properties. Where applicable,
reference should be made to the New York State Department of Transportation
Access Management Guidelines and regulations.
(4)
Landscaping, setback, signage and lighting standards
shall be implemented to improve the visual quality of the area and
buffer development and redevelopment from adjoining sensitive land
uses. Emphasis should be placed on preserving existing vegetation
and important natural resources to the extent feasible in site design.
Designs shall take into consideration the views of the river, as well
as the views from River Road.
(5)
The Town shall encourage and assist with economic
development efforts, including promotion and marketing, in this area.
B.
Thruway impact area.
(1)
This is an area of mixed-use developments, and
attention should be given to the compatibility of proposed projects
with adjoining uses when reviewing project proposals. While more intensive
uses are allowed in this area, development should provide for a positive
image.
(2)
This area services the traveling public. Access
to the Thruway and the management of traffic on River Road are a primary
concern. At the same time, provisions for pedestrian and bicyclist
access should be accommodated in site design.
(3)
Architectural designs should complement surrounding
land uses and provide for an improved and positive image of the area.
Appropriate facade designs that complement and improve the character
of the area shall be required. Views from River Road shall be of primary
concern.
(4)
Landscaping and setback standards should be
utilized to improve visual characteristics and buffer development
and redevelopment from adjoining sensitive land uses.
C.
Light industrial corridor area.
(1)
This is an area of mixed commercial, light industrial
and heavier industrial uses, and redeveloping parcels. While heavier
industrial uses may be allowed, it is important to minimize the visual
impacts, particularly from River Road and from the Niagara River.
(2)
Water-dependent or water-enhanced uses are the
preferred uses for property along the Niagara River.
(3)
Landscaping, building and setback standards
should improve the visual quality of the area and buffer heavier industrial
uses from River Road and from the Niagara River.
(4)
Emphasis shall be placed upon redevelopment
of existing properties and the infill development of available vacant
parcels.
(5)
As redevelopment takes place, emphasis should
be placed on improving the aesthetics of the region, especially as
it relates to the views from River Road and the Niagara River.
A.
The uses permitted in the River Road Overlay District
shall be as prescribed in the underlying zoning. This overlay does
not restrict or prohibit any use that is allowable in the applicable
underlying zoning.
B.
The accessory uses permitted in the River Road Overlay
District shall be the same as the accessory uses permitted in the
underlying zoning districts, although there may be modified bulk requirements
or additional performance standards for these accessory uses.
A.
General (applies to all three areas).
(1)
Proposed elevations, preliminary floor plans
and perspective drawings shall be submitted at the time of site plan
application. In addition, information shall be provided on proposed
facade treatments and building materials.
(2)
All existing trees larger than six inches in
diameter as measured three feet above grade, groups of trees and other
natural vegetation shall be incorporated into the landscape plan to
provide natural buffering from adjacent properties. These features
shall be preserved to the greatest extent feasible, especially along
lot lines.
(3)
For all areas, deciduous trees that are planted
shall have a minimum caliper of three inches, measured two feet above
grade. All planted coniferous trees shall have a minimum height of
six feet above finished grade. Trees shall be planted along property
frontage with a minimum of one deciduous tree for each 30 feet of
frontage on River Road.
(4)
All required vegetative plantings shall be maintained
in a healthy and productive condition and shall be routinely examined.
Plant materials shall be replaced, as necessary or as directed by
the Town. The Town Building Department shall enforce the upkeep of
landscaped areas through periodic inspections in response to complaints.
(5)
Refuse storage (dumpster) locations shall be
depicted on the plans and shall not be located near or adjacent to
River Road and shall not be visible from the road. Where this is not
feasible, such facilities shall be completely screened by opaque wooden,
brick or masonry fences.
(6)
No outdoor speakers or other noise-producing
devices shall be permitted.
(7)
If required, plans must include underground
stormwater storage or, if it is to be located above ground, it must
be located in the rear of the lot, if feasible. Aboveground stormwater
storage (retention ponds) shall be screened with landscaping or other
appropriate buffer.
(8)
Plans must indicate all access points to River
Road. Consideration shall be given to the consolidation of access
and removal of unnecessary roadway connections to River Road wherever
feasible. All plans shall include provisions for pedestrians, and
bicyclists, rollerbladers, and other nonvehicular traffic, and minimize
vehicular crossings over the Riverwalk.
(9)
Plans shall show the location of the Riverwalk,
other existing trails and parks in relation to proposed development.
Connections to the Riverwalk and other trails and parks in the area
are encouraged. Where appropriate, site plans shall be sent to Erie
County for review to ensure no negative impacts to the Riverwalk.
B.
Business transitional area.
(1)
Parking area lighting fixtures shall be reduced
in intensity after 11:00 p.m. and shall be designed to illuminate
the parking area only. Lighting plans shall be submitted and must
include illumination footprints for review by the Town. Security lighting
and other building lighting will be allowed to operate in accordance
with Town requirements.
(2)
A landscaped area not less than five feet in
width shall separate parking areas located on different parcels. Any
amount over this will be credited to the parking interior landscaping
requirement.
(3)
Each interior landscape island, median or divider
area in parking lots shall be not less than 100 square feet in area
and shall have an approved tree planted at the minimum ratio of one
tree per 100 square feet of interior landscape island.
(4)
Spacing of curb cuts along River Road shall
meet the requirements of the NYSDOT Access Management Guidelines.
Site plan design must make every effort to provide for shared access
or cross-easement agreements to adjacent properties to minimize curb
cuts and to control turning movements onto River Road and other collector
streets.
(5)
On-site circulation shall take into consideration
pedestrian and bicyclist traffic. Conflicts between vehicular and
nonvehicular traffic shall be minimized through separated circulation
paths where practicable. Clear identification of biking and walking
paths through striping and/or signage shall be provided within parking
areas and at driveways and road crossings.
(6)
All signage and lighting fixtures shall be of
an appropriate size and scale, and aesthetically designed, so as to
improve the overall quality of the area. No signage shall be permitted
on any lot unless it is either attached to a building or placed in
a location which has been approved through the site plan process.
Signs attached to the sides of buildings may not project more than
five feet above the roof. No roof signs, billboards or portable signs
shall be allowed in the Overlay District.
(7)
Signage shall not include pylon signs or any
form of flashing lights or animation. Signage shall be designed at
ground level, typically not exceeding 12 feet in height, and should
contain components such as brick.
(8)
Redevelopment of existing properties in this
area must meet the standards of this district.
(9)
A concept sketch shall be presented to the Planning
Board for its review, with a rendering of how the building will appear
from River Road. Architectural guidelines are as follows:
(a)
Diversity of architectural design, variation
in building footprint, facade textures and treatments shall be encouraged
to create a visually interesting design, but multiple buildings on
the same site shall be designed to create a cohesive visual relationship
between buildings.
(b)
Buildings that are stylized in an attempt to
use the building itself as advertising shall be discouraged, particularly
where the proposed architecture is the prototypical corporate or franchise
design style.
(c)
The visibility of rooftop equipment should be
minimized by grouping this equipment away from the public view from
River Road.
(d)
The sides of all buildings shall have an equivalent
level of quality of materials, detailing and window placement. Abrupt
ending of architectural details shall be avoided with no radical changes
in details, features or materials.
(e)
Buildings with long, uninterrupted blank walls
shall be avoided, and shall not be permitted on facades that are visible
from River Road.
(f)
Modulation (defined as a measured setback or
offset in a building face) shall be incorporated to reduce overall
bulk and mass of buildings.
(g)
Building designs shall incorporate traditional
building materials such as masonry, stone, brick, finish grade wood
(such as clapboard or shingle) and other natural-appearing materials.
All buildings shall have durable exterior finish materials that cover
all exterior walls. The most stringent design standards shall apply
to buildings in locations most visible from public spaces.
(h)
Buildings colors should accent, blend with or
complement the surrounding environment. Bright or brilliant colors
should be reserved for trim and accents.
(i)
Facades of buildings facing public open space
or pedestrian/bicycle pathways shall include design features such
as building entries, windows, arcades, overhangs, canopies and related
elements that create visual interest.
C.
Thruway impact area.
(1)
Although the focus of this area is on the traveling
public, the site elements relating to this transportation emphasis
should be modulated to minimize negative impacts. For example, parking
areas shall be landscaped. Warehousing/truck loading areas and similar
types of support areas shall be located towards the rear of the properties
and shall not be visible from River Road, if feasible. If the area
is visible from River Road, it shall be completely screened by opaque
materials.
(2)
In areas where the underlying zoning district
is G-I, the Town shall require a landscaping plan, prepared by a licensed
landscape architect or arborist. The landscaping shall be in the form
of appropriate shrub and tree plant materials arranged in rows or
clusters and designed as buffers, screens or hedges, which give attractive
definition to the street edges or other areas of the lot. All plants,
trees and shrubs shall be planted in accordance with a planting schedule
provided by the applicant and approved by the Town. Landscape materials
selected shall be appropriate to the growing conditions of this climatic
zone. In areas where the underlying district is not G-I, the landscaping
standards of the underlying district shall apply.
(3)
Consideration should be given to the design,
placement and height of lighting fixtures and signage. Such appurtenances
shall be of an appropriate size and scale so as to reduce adverse
effects and improve the character of the area.
(4)
Signage, although important in this area, will
not be in competition to see whose sign can be best seen from the
highway. Pole-mounted signs over 15 feet in height shall be discouraged,
and flashing lights will not be allowed.
(5)
A concept sketch shall be presented to the Planning
Board for its review, with a rendering of how the building will appear
from River Road. Architectural guidelines are as follows:
(a)
Diversity of architectural design shall be encouraged,
but multiple buildings on the same site shall be designed to create
a cohesive visual relationship between buildings.
(b)
Buildings that are stylized in an attempt to
use the building itself as advertising shall be discouraged, particularly
where the proposed architecture is the prototypical corporate or franchise
design style.
(c)
Large buildings should have height variations
to give the appearance of distinct elements.
(d)
Building designs shall incorporate traditional
building materials such as masonry, stone, brick and other natural-appearing
materials.
(e)
Building colors should accent, blend with or
complement the surrounding environment. Bright or brilliant colors
should be reserved for trim and accents.
(f)
For all office and light industrial buildings,
the outside face of walls exposed to the street shall be finished
with face brick, its equivalent or better. The outside faces of walls
abutting such walls exposed to the public street shall be finished
in the same material to a minimum depth of 15 feet.
(6)
Each application shall include a traffic control
plan, access management components, and a review of the guidelines
as they relate to entrance roads, curb cuts and access management.
(7)
Redevelopment projects, requiring site plan approval, shall include plans for renovating the facade and the sides of the building and to meet other architectural requirements of this section [see Subsection C(5)].
(8)
Structures to be located on the river side of
River Road shall be placed to minimize loss of views to the river.
D.
Light industrial corridor area.
(1)
In areas where the underlying zoning district
is G-I, the Town shall require a landscape plan, prepared by a licensed
landscape architect or arborist. The landscaping shall be in the form
of appropriate shrub and tree plant materials arranged in rows or
clusters and designed as buffers, screens or hedges, which give attractive
definition to the street edges or other areas of the lot. All plants,
trees and shrubs shall be planted in accordance with a planting schedule
provided by the applicant and approved by the Town. Landscape materials
selected shall be appropriate to the growing conditions of this climatic
zone. In areas where the underlying district is not G-I, the landscaping
standards of the underlying district shall apply.
(2)
Consideration shall be given to the location, design and placement of all signage and lighting fixtures. Signage shall conform to the regulations set forth in Article XXII (Sign Ordinance) of this chapter.
(3)
Signage shall be unobtrusive and be compatible
with Town standards. Freestanding signs shall not be installed on
pylons or greater than eight feet in height. Signs attached on the
building shall meet all Town standards.
(4)
Architectural standards:
(a)
Diversity of architectural design shall be encouraged,
but multiple buildings on the same site shall be designed to create
a cohesive visual relationship between buildings.
(b)
Buildings that are stylized in an attempt to
use the building itself as advertising shall be discouraged, particularly
where the proposed architecture is the prototypical corporate or franchise
design style.
(c)
Large buildings should have height variations
to give the appearance of distinct elements.
(d)
Building designs shall incorporate traditional
building materials such as masonry, stone, brick and other natural-appearing
materials.
(e)
Building colors should accent, blend with or
complement the surrounding environment. Bright or brilliant colors
should be reserved for trim and accents.
(f)
For all office and light industrial buildings,
the outside face of walls exposed to the street shall be finished
with face brick, its equivalent or better. The outside faces of walls
abutting such walls exposed to the public street shall be finished
in the same material to a minimum depth of 15 feet.
