[Added 6-20-2011 by L.L. No. 3-2011]
A.
Purpose. In accordance with the goals and objectives of the Town
of Tonawanda Comprehensive Plan and the Delaware Avenue Corridor Redevelopment
Study, the NB Neighborhood Business District is created to facilitate
growth and redevelopment of commercial properties along the Delaware
Avenue Redevelopment Corridor. The intent of the NB Neighborhood Business
District is to implement a series of regulations and guidelines that
standardize the physical changes associated with redevelopment activities.
The District is also intended to encourage the establishment of uses
compatible with the surrounding residential neighborhood, provide
adequate buffering, landscaping, parking and circulation, and improve
the aesthetic character of the corridor, as a primary arterial linking
the Town with the Village of Kenmore.
B.
District characterization. The NB Neighborhood Business District
will act to regulate the Delaware Avenue Redevelopment Corridor as
an evolving commercial corridor, having the unique characteristics
that distinguish it from the other commercial areas in the Town that
share the same underlying zoning. The enhanced land use controls offered
by the specific regulations of the overlay district target the typical
lot size, lot configuration, age of buildings and traffic patterns
within the corridor.
C.
General objectives. The regulations applicable within the NB Neighborhood
Business Zoning District, which govern all proposed changes in use
and redevelopment, are based on the following objectives:
(1)
To create a coherent and consistent public landscape along the
length of the Delaware Avenue Redevelopment Corridor to provide a
visually attractive environment.
(2)
To promote optimal utilization of properties along Delaware
Avenue and to minimize vacancies in existing buildings.
(3)
To promote pedestrian improvements through site design for the
provision of safe and convenient access by reducing potential conflicts
between motor vehicles and pedestrians.
(4)
To ensure adequate parking, circulation and access to meet demand,
without creating an oversupply of parking to the detriment of green
spaces and good urban design.
(5)
To preserve future opportunities for economic development by
enhancing the functional and financial viability of the commercial
corridor.
(6)
To provide design guidance for private development and public
investment along the Delaware Corridor that creates a consistent character
and scale appropriate to the Delaware Avenue Redevelopment Corridor.
The boundary of the NB Neighborhood Business Zoning District shall encompass a corridor along Delaware Avenue extending from the Village of Kenmore to the south side of Brighton Road, exclusive of Mt. Olivet Cemetery. The boundary of this district shall follow property lines to include the entirety of all tax map parcels that front Delaware Avenue within the district including adjoining lots under contiguous ownership. The district shall also extend to all "business lots" as defined and limited by § 215-44, where Delaware Avenue is the "business street."
A.
In an NB Neighborhood Business District, no building, structure or
lands shall be used, structurally altered or erected which are intended,
arranged or designed to be used for other than the permitted uses
in a residential district, M-F Multifamily Dwelling District, C-1
Restricted Business District or the C-General Business District, or
for one or more of the following:
C.
All activities, except automobile parking, shall be conducted wholly within an enclosed structure erected in conformance with § 215-39 of this chapter. The displaying, storing and selling of seasonal-type merchandise and products which are related to the retail activities carried on in the structure erected in conformance with § 215-39 of this chapter, except as described in Subsection D hereof, are permitted outside of an enclosed structure, provided that said merchandise and products are neither subject to harm by exposure to the elements nor hazardous, harmful or injurious to abutting premises.
E.
Residential uses in the NB Neighborhood Business District must comply
with residential property line setback restrictions and applicable
restrictions.
A.
Gasoline filling stations and convenience stores with gasoline filling
facilities shall not be permitted.
B.
The keeping, storing and/or parking of a vehicle or trailer with
an unladen weight of 10,000 pounds or more is prohibited in an NB
Neighborhood Business District, except for those vehicles used for
delivery purposes where the vehicle is removed from the property within
each 24 hours.
A.
The business of selling, dealing in, detailing or repairing new or used vehicles, whether such vehicles are owned by the business establishment or owned by individuals, shall not be carried on and conducted in the NB Neighborhood Business District, except that a dealer in new vehicles having and maintaining a permanent vehicle showroom in an NB Neighborhood Business District may, in connection therewith and as an accessory use thereto, sell and deal in secondhand or used vehicles, provided that the same shall at all times be in good state and condition, can be operated under their own power and shall comply with all of the requirements of the Vehicle and Traffic Law of the State of New York for operation thereof on the public highways. In an NB Neighborhood Business District, the premises on which such secondhand or used vehicles are located must be on or immediately adjacent to the premises upon which the new vehicle dealership is located. No more than three such secondhand or used vehicles shall be allowed on any adjacent used vehicle lot for each such new vehicle on the premises occupied by the facility dealing in new vehicles. Notwithstanding the above, a New-York-State-registered auto repair shop may apply for a special use permit pursuant to Article XIV of this chapter for permission to sell secondhand or used vehicles in connection with the operation of a New-York-State-registered auto repair shop and accessory thereto.
B.
In all cases where auto repair is an activity upon the premises of
a permitted establishment, no more than five unlicensed vehicles being
repaired on the premises, or more than 10% of the total vehicle storage
and repair capacity of the entire premises, whichever is less, shall
be kept, stored or worked upon in any way within the outdoor portions
of the premises at any one time, and no unlicensed vehicle shall be
allowed to remain on an outdoor portion of the premises for longer
than two weeks at any one time. Portions of sites used for this purpose
shall be screened from public view through fencing and landscaping.
For the purpose of this chapter, the 1/2 of a dedicated right-of-way
abutting the plot, lot or lots zoned for C-1 Restricted Business,
Neighborhood Business, or C General Business shall be considered and
hereinafter defined as a "business street." This shall apply to both
a restricted business street and a general business street.
Any lot facing on a business street is a business lot. If the
owner of the business lot shall own or acquire property abutting the
rear of said business lot, the property so owned or acquired may be
used for business purposes in conjunction with the lot or lots of
said owner facing on said business street, but not otherwise; provided,
however, that the combined total depth that may be used for business
purposes, which shall include the business lot and the property abutting
the rear thereof, shall not exceed 200 feet, measured from the nearest
line of the business street on which such business lot faces. Any
building or accessory structure placed on said business frontage,
as hereinbefore extended, shall not be placed closer than 10 feet
from any residential street line of said business lot as so extended
by such addition thereto or as shown on Plate E.[1]
[1]
Editor's Note: Said Plate E is included at the end of this chapter.
When a street designated as a business street shall have lots
running parallel thereto and facing intersecting residential streets,
the lots adjacent to the business street shall be deemed business
lots, and business uses shall be allowed to a depth from the business
street of not over 200 feet and only when utilized as an accessory
use to the current business occupying the lot bordering on the business
street. On Delaware Avenue, a building constructed thereon shall not
be located less than 15 feet from the adjacent lot line, as shown
on Plate E, and not less than 10 feet from the residential street
lot line and the required distance from the business street, as established
by this chapter according to the width of the business street, provided
that in the case of corner lots having frontage on Delaware Avenue,
the business depth shall be interpreted as 200 feet.
A.
Architectural design standards.
(1)
Scale and design. Any new proposed uses must be appropriate
to the scale and character of the Delaware Avenue corridor. Architectural
designs should complement land uses in the area and provide a positive
image. Appropriate facade designs and building materials that complement
and improve the character of the area shall be required. As such,
buildings shall meet the following requirements:
(a)
No structure shall exceed two stories or 35 feet in height,
except that chimneys, towers or similar structures, whether located
upon and constituted as an integral part of a principal structure
or erected separately, may be erected above the height limit specified,
but are limited to, a height not exceeding 45 feet above the average
finish grade. Mechanical space for building equipment placed on the
building roof may be permitted above the maximum height specified,
provided that such mechanical space is set back a minimum of 15 feet
from any exterior walls, does not exceed 10 feet in height (above
the finish roof line of the building upon which it is installed) and
is adequately screened from view.
(c)
Buildings with long, unbroken, unfenestrated walls should be
avoided. No building facade along a public right-of-way shall have
an uninterrupted wall of more than 30°. This can be achieved through
a combination of divisions or breaks in exterior materials, entrances,
windows or other visual design elements. Variation in building footprint,
exterior wall offsets, and rooflines are encouraged.
(d)
Multistory buildings shall incorporate an exterior design that
provides an architectural break or other distinguishing characteristic
that visually separates the ground floor from the floor(s) above.
This can be achieved through a combination of an intermediate cornice
line, a difference in building materials or architectural detailing,
an awning or distinctive window lintels.
(2)
Transparency.
(a)
A minimum of 15% of a building's ground floor facade facing
a public right-of-way must be comprised of a combination of transparent
windows and doors that allow views of indoor space, in accordance
with the New York State Building Code.
(3)
Exterior materials.
(a)
Unless otherwise approved by the Planning Board, exterior materials
of new buildings, additions and substantial exterior renovations shall
be constructed of the following classes of materials:
[1]
Brick;
[2]
Natural stone;
[3]
Finish-grade wood;
[4]
Architecturally precast textured concrete panels;
[5]
Specialty concrete block such as textured, burnished block,
split faced block, other finished masonry block;
[6]
Glass (no more than 60% of any facade);
[7]
Metal (for beams and/or accent purposes only).
(b)
The same exterior treatment provided to the building front shall
also be provided to any side and rear wall facing a public right-of-way
or residential district.
(c)
No fewer than two and no more than three exterior materials
(excluding trim) shall be utilized on any one facade.
(d)
Materials such as vinyl, aluminum siding, plastic panels, stucco,
steel panels, "T-111" or similar sheet goods, or asbestos finishes
shall be prohibited in the NB Neighborhood Business District, unless
otherwise approved by the Planning Board.
(e)
The use of Dryvit® or equal exterior insulation and finish
systems (EIFS) material as an exterior material shall be reviewed
by the Planning Board on a case-by-case basis, where the proposed
pattern, area (volume) of material and its application in the context
of the overall design will be considered.
(f)
All buildings shall have durable exterior finish materials that
cover all exterior walls.
B.
Screening and outdoor storage.
(1)
Mechanical and processing equipment as well as outdoor storage
areas associated with any building shall be screened from public view
and adjoining residential properties as much as practical with materials
matching the design of the building and/or landscaping elements.
(2)
Rooftop screening shall be incorporated in the design of buildings
to shield vents, solar panels, roof mounted mechanical and HVAC equipment
from view from the public right-of-way and adjoining residential properties.
C.
Lighting.
(1)
Lighting plans are required and shall be submitted to the Planning
Board as part of the site plan review process. Lighting plans must
include illumination footprints within parking lots and along pedestrian
walkways.
(2)
Parking area lighting fixtures shall be reduced in intensity after 11:00 p.m. and shall be designed to adhere to the requirements set forth in § 215-70.25C(10). Security lighting and other building lighting will be allowed to operate with Town requirements.
(3)
All lighting fixtures shall be of an appropriate size and scale,
as determined by the Planning Board, and aesthetically designed, so
as to improve the overall quality of the area.
(4)
Lighting poles shall not exceed 20 feet in height.
A.
Minimum front yard setback.
(1)
The minimum front yard setback for structures fronting on Delaware
Avenue within the NB Neighborhood Business District shall be eight
feet, or otherwise prescribed by Plate G.[1] On corner lots, all buildings, structures, signs, and
landscaping shall provide a minimum of 15 feet of visual clearance
from the street line.
[1]
Editor's Note: Said Plate G is included at the end of this chapter.
B.
Maximum front yard setback.
(1)
The Planning Board may allow a forty-six-foot maximum front yard setback to accommodate a single row of nineteen-foot parking stalls, a twelve-foot single-loaded one-way aisle, and a five-foot sidewalk along the building. A setback of 10 feet from the right-of-way to any front-side parking shall be required; this area must be landscaped according to the provisions established in § 215-70.51.
C.
The front yard may be used to accommodate outdoor dining uses provided the primary business has a valid outdoor dining permit issued by the Building Department in accordance with § 215-164. A maximum depth and total area allocated for these uses shall be subject to review and approval by the Planning Board.
A.
For interior lot lines in an NB Neighborhood Business District, no
side yard shall be required for principal structures that utilize
a front setback of 10 feet or less.
B.
Structures having a front yard setback deeper than 10 feet shall
have a minimum ten-foot side yard setback between principal and accessory
uses and any portion adjoining residential parcels.
C.
For corner lots, a side yard of variable width shall be required
as shown on Plate G[1]; except, however, that where the building is set back
from the front street line 65 feet or more, the minimum side yard
shall be three feet and shall comply with Plate I.[2]
[1]
Editor's Note: Said Plate G is included at the end of this chapter.
[2]
Editor's Note: Said Plate I is included at the end of this chapter.
D.
The side yards for accessory structures on a corner lot in an NB
Neighborhood Business District shall be all on the street side; that
is, the accessory structures shall be built on the lot line away from
the street, as shown on Plate F.[3] The side yard for an interior lot abutting the ends of
lots facing another street shall be as shown on Plate G under Column
D.
[3]
Editor's Note: Said Plate F is included at the end of this chapter.
A.
In an NB Neighborhood Business District, steps may project into a
front or side yard on a corner lot or into the front yard of an interior
lot.
B.
A vestibule may project into a required front yard only. A vestibule
may project ahead of the front building line six feet, provided that
the total width of such shall not exceed 25% of the total frontage
of the building.
C.
A canopy or cornice, constructed of noncombustible material, may
project into a required front yard and may also project into a required
side yard of a corner lot on the intersecting street side where there
is a minimum eight-foot side yard.
D.
A canopy or cornice, constructed of noncombustible material, may
project ahead of the building line six feet, provided that there is
a height of not less than eight feet from the grade.
The rear yard depths shall be governed by the following conditions:
A.
Principal and accessory uses (including parking) shall be located
a minimum of 15 feet from an adjoining residential property.
B.
The rear yard shall be landscaped and shall include an opaque fence
having a height of between six feet and 10 feet above grade as a visual
screen between the commercial uses and adjoining residential properties.
[Amended 2-23-2015 by L.L. No. 1-2015]
When new construction or substantial alteration, modification or expansion of existing structures is proposed on a nonresidential property in the NBD - Neighborhood Business District, the maximum building coverage shall be 55% and the maximum coverage of the lot with total impervious or paved surfaces (buildings, parking, storage or sidewalks) shall be 90%. The remaining 10% of the lot (green space) shall be landscaped according to the provisions established in § 215-70.51.
A.
All buildings (except one- and two-family dwellings), yards, sidewalks,
open spaces, parking areas, storage areas and service areas shall
be landscaped in a manner which will harmonize with the proposed buildings
and the surrounding commercial area.
B.
The Town shall require landscaping 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 a lot, or to screen a lot along
its lot lines with adjacent properties, or to screen utility buildings,
refuse collection areas, storage areas, cooling systems or other similar
structures, and other similar installations and features, or to provide
landscaped islands or planted sub-areas which punctuate otherwise
developed internal portions of a site, in conjunction with appropriate
combinations of decorative fences, walls and berms. Landscaping shall
be used to give relief and natural beauty to sites within the NB Neighborhood
Business District. Emphasis shall be given to landscaped treatments
along the principal street edges of a site.
C.
Areas between street curbing or the edge of rights-of-way and sidewalks
on Town-owned streets shall be landscaped. Erie County and New York
State rights-of-way may be improved with stamped colored concrete,
brick payers, or other approved material.
D.
The minimum ten-foot yard area between the parking lot and right-of-way
shall be landscaped with turf, ground cover or low shrubbery (less
than three feet and street trees having branches no lower than 12
feet above grade at maturity.
E.
Tree planting spacing patterns of one tree for no less than every 30 linear feet of distance in a regular pattern along site edges adjoining principal business streets is required. Landscaping patterns along street right-of-way lines shall be consistent with the unobstructed view corridor standards established by § 215-8, entitled "Sight obstructions," which requires that shrubs and similar materials generally not be higher than three feet above adjacent street grade and that street trees have branches generally no lower than 12 feet above adjacent street grade in order that views not be obstructed for approaching or departing vehicles.
F.
NB Neighborhood Business District properties which immediately abut
residential properties or uses shall install a combination of opaque
fencing between six-foot and 10 feet high and tree plantings spaced
no farther than 30 feet center to center, or shrub plantings located
no farther than five feet center to center, along all property lines
abutting residential uses.
G.
Within large off-street parking areas measuring 25,000 square feet
or more in area, the paved area for parking shall be interrupted by
landscaped islands or divider strips placed within rows of parking
spaces so that no row of parking exceeds 15 spaces without being interrupted
by a landscaped island (a mid-row island). The landscaped islands
shall have a minimum width of eight feet and minimum length of nineteen
feet and shall be planted with a minimum of one deciduous tree for
each landscaped island. The islands shall be curbed or provided with
an acceptable alternative edge definition material.
H.
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. All trees shall be plant species
having a minimum height of six feet at planting and a caliper of three
inches measured two feet above ground level at the time of planting,
an average crown spread of greater than 15 feet at maturity and trunks
which can be maintained in a clean condition, free of branches from
grade to generally 12 feet above grade along principal street edges
and 10 feet above grade elsewhere. Trees having an average mature
spread of less than 15 feet may be substituted by grouping the same
so as to create the equivalent of a fifteen-foot crown. Shrubs shall
be a minimum of two feet in height when measured immediately after
planting. Hedges, when measured, shall be planted and maintained so
as to form a continuous visual screen within two years after time
of planting.
I.
The side and rear yard areas shall be landscaped with turf and vegetation
to provide visual and aesthetic buffers. Hedges, bushes, and evergreen
trees may be used to provide screening, but shall not replace fencing
along residential property lines.
In an NB Neighborhood Business District, the percentage of the
lot area which may be occupied by multiple dwellings shall not exceed
50%, and the number of square feet of the lot area per dwelling unit
shall not be less than 1,100 square feet. Apartment hotels, motels,
transient dwellings, motor hotels, motor courts and no-bedroom or
so-called one-bedroom efficiency apartments are exempt from this regulation.
[Amended 6-17-2013 by L.L. No. 1-2013]
A.
Planning Board jurisdiction. All projects located within the NB Neighborhood Business District shall be subject to site plan review per Article XXIII of Chapter 215 of this Town Code. The Town's Planning and Development Department shall provide the Town Planning Board with the completed preliminary site plan for the NB Neighborhood Business District projects. The Town Planning Board is authorized to review and approve, approve with modifications or disapprove site plans under the provisions of Article XXIII.
[Amended 8-29-2016 by L.L. No. 1-2016]
B.
Applicability. Site plan review is required for all new land use activities, including changes in land use, new structures, significant alteration or expansion of existing structures, excavation operations, new special uses and legal conversions of existing buildings to other uses, except those specifically exempted in § 215-151.
C.
Required application content. Any person, before applying for a building permit, change of use, special use permit, or before undertaking any new land use activity within the NB Neighborhood Business District, shall submit a preliminary site plan together with appropriate supporting information to the Town's Planning and Development Department for review and referral to the Town Planning Board in meeting the content requirements of § 215-152D. In addition, the following shall be included with the site plan review applications.
[Amended 8-29-2016 by L.L. No. 1-2016]
D.
Site design standards.
(1)
Building and lot orientation. All structures shall be oriented
to Delaware Avenue. Loading docks, building mechanicals or waste receptacles
shall not be located so as to be visible from the facade view of the
building.
(2)
Parking and circulation.
(a)
Pedestrian access. Pedestrian access shall be provided through
parking lot(s) between the public sidewalk along Delaware Avenue and
the primary structure. Pedestrian access may be in the form of a marked
"crosswalk," stamped pavement, or sidewalk. Sidewalks shall be provided
along the full length of all facades which face a public street, include
a customer entrance, and/or are adjacent to a parking area.
(b)
Shared parking and shared access.
[1]
Where the Planning Board determines it is appropriate,
an applicant may request the Zoning Board of Appeals to authorize
the joint use of the required parking spaces for two or more uses
located on the same parcel or adjacent parcels. The Planning Board
shall take into consideration hours of operation and parking demand.
Shared parking arrangements shall be depicted on a site plan approved
by the Town Planning Board, and guaranteed by a legal instrument such
as an easement, contract, agreement, or deed restriction that is approved
by all involved owners. The number of parking spaces to be shared
is at the discretion of the Zoning Board of Appeals.
[2]
Prior to making application to the Planning Board, the property owner may apply to the Zoning Board of Appeals for an area variance to reduce the minimum number of off-street parking spaces required by § 215-83J, but by not more than 25% in order to provide additional landscaping. However, the parking area removed shall not be used to meet the minimum green space area required in this zoning district. This area shall be used exclusively for landscaping in accordance with the standards and criteria of this district.
[3]
Spacing of curb cuts along Delaware Avenue shall
meet the requirements set forth in the NYSDOT Access Management Guidelines.
In order to facilitate improved circulation, the Planning Board shall
encourage site design that provides for shared access or cross-easement
agreements to adjacent properties which minimize curb cuts along Delaware
Avenue.
(c)
Landscaping. A landscape plan in the form of a colored rendering,
prepared by a registered landscape architect or other design professional
authorized to prepare plans, shall be submitted as part of the site
plan application materials. The landscape plan shall incorporate a
species list which includes a size, height and caliper list.
Should the principal structure on a lot not occupy the entire area outside of the front, side or rear yards, accessory structures shall be permitted to occupy the balance of the lot allowed to be occupied, except that such accessory structures shall not occupy the area provided for parking of vehicles in accordance with the off-street parking requirements as provided in Article XIII.
