[Added 10-1-2008 by L.L.
No. 5-2008[1]]
[1]
Editor's Note: This local law also repealed former Art. VIII,
Commercial Zone, as amended.
The Neighborhood Commercial (C-1) District is intended to provide
a commercial zoning district that meets the daily needs of adjacent
residential neighborhoods without affecting the character of the surrounding
residential area. This district's regulations allow for the establishment
of minor commercial uses in structures consisting of a footprint of
no larger than 3,000 square feet, with the total area of the structure
not to exceed 6,000 square feet, that complement surrounding neighborhoods.
Preserving the character of the neighborhood through aesthetics and
buffering as well as protecting the public safety and welfare is a
high priority and is encouraged.
A.
No person, firm, or corporation, not already using buildings for
business purposes, shall use any existing buildings or lands for any
use, other than for normal farming purposes, without first procuring
a permit for such use from the Town Board of the Town of Elma, which
said permit shall only be issued after a hearing before the Town Board.
The Town Board may refuse any such permit after such hearing if it
appears to violate the Zoning Ordinance or if said proposed business
or industrial use constitutes a nuisance or will imperil the health
and well-being of any of the citizens of the Town.
B.
If such use is proposed for a building to be erected, the Town Board, after hearing held before it, may grant a preliminary use permit for a use described in § 144-74, and thereafter the Building Inspector may issue a building permit for such building in the manner provided in the Elma Code. When the building is completed, a formal use permit, to be issued after application therefor and a hearing before said Town Board, shall be required before a certificate of occupancy is issued by the Building Inspector.
Where the standards of the C-1 District conflict with other
regulations of the Town of Elma Code, the more restrictive standards
shall apply.
The following is a list of uses that are permitted within the
C-1 District. The maximum building footprint shall be 3,000 square
feet, with the total area of the building not to exceed 6,000 square
feet (two-story maximum).
A.
Principal.
(1)
Agriculture.
(2)
Single-family residential.
(3)
Two-family residential.
(4)
Residential on the upper floors of an approved commercial use, limited
to two dwelling units.
[Amended 2-4-2015 by L.L.
No. 1-2015]
(5)
Home occupations.
(6)
Government and community facilities.
(7)
Churches.
(8)
Meeting rooms for private clubs and assembly halls.
(9)
Child-care centers.
(10)
Personal service establishments, including but not limited to
beauty salons, barbershops, and minor appliance/electronic repair.
(11)
Professional and medical offices.
(12)
Art, music, or photography studios.
(13)
Minor retail sales.
(14)
Bakery and confectionary shops, including the manufacture of
baked and confectionary goods primarily for on-site sale.
(15)
Food and convenience stores (no drive-through facilities).
(16)
Restaurant, with indoor or outdoor seating (no drive-through
facilities).
For the purposes of considering uses that may not have been specifically listed as a permitted use nor prohibited within the C-1 District, but that warrant consideration because the Town feels that the use may comply with the intent of the C-1 District, the Town Board, following a public hearing, may issue a special use permit, subject to § 144-135, so long as the use is not permitted in the C-2, C-3, or Industrial Zoning District, in which a special use permit shall not be granted. In granting a special use permit, the maximum building footprint shall not exceed 3,000 square feet, with the total area of the building not to exceed 6,000 square feet (two-story maximum).
A.
The maximum building footprint size for a new building in the C-1
District is 3,000 square feet. Any existing building within the C-1
District (as of the date of the first adoption of the new C-1 District,
October 1, 2008) may expand by up to 50% over its current size. These
expansions, up to 4,500 square feet, are permitted as of right through
site plan approval.
B.
Buildings that are currently less than 3,000 square feet (maximum
building footprint for a new one-story building) may expand up to
a total footprint size of 4,500 square feet (150% of the maximum building
footprint) as of right through site plan approval.
C.
Multiple expansions to a building may occur, so long as the cumulative
size of expansions does not exceed the maximum expansion that would
have been permitted on the building at the time of adoption of the
C-1 District.
D.
If this allowable expansion (up to 50%) results in a building over
a footprint of 4,500 square feet (150% of the allowable building size),
the expansion will require a special use permit from the Elma Town
Board.
E.
As with new buildings, these permitted existing building expansions
will also allow second stories.
F.
Building expansions in excess of any of those permitted above can
only be granted by issuance of a variance by the Zoning Board of Appeals.
G.
Any and all building expansions are subject to the requirements of
site plan approval.
To ensure that certain undesirable uses are not allowed in the
C-1 District, in the case that there is some indecision on a permitted
use or to ensure that a special use permit is not granted, the following
is a list of uses that are specifically prohibited within the C-1
District:
A.
Principal.
(1)
Any use or structure with vehicle drive-through facilities.
(2)
Parking lots built to serve a use on another property.
(3)
Truck terminals, wholesale or retail distribution centers, and all
automobile service stations, including gas stations.
(4)
Marine or other vehicle sales and service.
(5)
Tattoo or piercing parlors.
(6)
Self-storage facilities.
(7)
Outdoor storage.
(8)
Building equipment and contractor supply yards.
(9)
Warehouses or wholesale centers.
(10)
Any industrial or manufacturing use.
(11)
Junk or salvage yard.
(12)
Adult entertainment.
The minimum lot dimensions for permitted uses and structures
in the C-1 District shall be as follows:
B.
Maximum lot coverage. All buildings, structures, and impervious surfaces
(parking areas, driveways, other paved surfaces) contained on a lot
shall have a maximum combined lot coverage of 70%.
C.
Maximum height. The height regulations herein shall supersede § 144-95, Building height, for structures in the C-1 District only and shall constitute the maximum height for any new structure in the C-1 District:
D.
Required yards. The following table identifies the minimum setbacks required for new structures within the C-1 District. Refer to Article XVI, Multiple Dwellings, for required yards of multiple-family developments.
|
Use
|
Yards
|
From an Abutting Residential Zoning District
or an Abutting Existing Residential Use
(regardless of zoning district)
(Refer to § 144-79D(2) for additional standards)
| ||
|---|---|---|---|---|
|
Front
|
Rear
|
Side
| ||
|
Residential uses
|
50 feet
|
Principal uses: 10 feet
|
Principal uses: 10 feet on each side
|
No additional setbacks required
|
|
Accessory uses: 10 feet
|
Accessory uses: 10 feet on each side
| |||
|
All other uses
|
50 feet
|
Principal uses: 10 feet
|
Principal uses: 10 feet on each side
|
Principal uses: 30-foot rear setback abutting such
and 20-foot setback on each side abutting such
|
|
Accessory uses: 10 feet
|
Accessory uses: 10 feet on each side
|
Accessory uses: 20-foot rear setback abutting such
and 10-foot setback on each side abutting such
| ||
In addition to the general standards outlined in this section,
all development within the C-1 District, with the exception of single-
and two-family residential and agricultural structures, shall conform
to the Town's design guidelines, where applicable (copy to be obtained
from the Town).
A.
Architecture; general design.
(1)
The architecture, design, and layout of the site is subject to review
by the Planning Board and generally should retain and enhance the
small-scale mixed residential and commercial character of the neighborhood
and complement adjacent residential uses.
(2)
The applicant shall submit building plans and elevations showing
how any proposed structure conforms to and enhances the character
of the neighborhood and, if applicable, meets the specific requirements
of any overlay district.
(3)
Buildings that are designed around a corporate image or franchise
design are discouraged. The architecture and design of buildings shall
take on a character unique to the Town of Elma.
(4)
Buildings intended for use by multiple tenants should be designed
in such a way as to avoid the appearance of a long strip plaza and
should contain features such as variations in scale and design and
should incorporate breaks in the building that contain landscaped
areas, gathering spaces, or architectural amenities.
(5)
Buildings developed within the C-1 District shall take on a design
similar to a residential structure that would meet the neighborhood
character intent.
(6)
All rooftop HVAC units, communications equipment, or other rooftop
equipment shall be screened from view at ground level by use of building
and/or roof features compatible with the design of the building.
(7)
In general, at least 35% of any side of a nonresidential building
that faces the street shall consist of windows.
B.
Site layout.
(1)
For lots that are developed with a single building, the building
shall be oriented towards, and have a front entrance facing, the street
on which the building fronts. When a building fronts more than one
street, the building should be oriented towards, and have a front
entrance facing, the street on which adjacent buildings with similar
uses front.
(2)
Lots developed with multiple buildings or intended for multiple tenants
shall be well planned to create interconnection and unity of the site
and avoid the scattered, disconnect layout of buildings.
(3)
Pedestrian walkways shall be installed between principal buildings,
or in the case of a multitenant building, between leasable entrances,
on a single site and shall be constructed of concrete, decorative
brick, or other material approved by the Planning Board.
C.
Parking, driveway, and loading areas. In addition to the regulations defined in Article IV, Off-Street Parking, any parking and/or loading area within the C-1 District shall meet the following:
(1)
Parking and loading areas shall not be located within the street
right-of-way and, where practicable, shall be set back from the street
right-of-way a minimum of 10 feet.
(2)
Parking and loading areas shall not encroach upon any required side
or rear setback.
(3)
Parking and loading areas shall be screened according to § 144-44E(3).
(4)
Driveways providing ingress and egress from parking and/or loading areas are subject to §§ 144-33 and 144-44E(4).
D.
Landscaping/screening. Any permitted use developed within the C-1
District shall conform to the following:
(1)
Existing natural vegetation and trees shall be preserved to the greatest
extent practicable. Other landscaping treatments such as trees and
shrubbery shall be located as directed by the Planning Board through
site plan review to achieve the desired character and conformance
with the surrounding properties.
(2)
The required yard for any use abutting a Residential A, Residential B, or Residential C and Agricultural Zone, or any use abutting an existing residential use, shall be as identified in § 144-78D. Required yards shall consist of natural vegetation and undisturbed greenspace. If the Planning Board determines that the natural vegetation within the required yard does not provide a sufficient buffer, it may require additional screening by earthen berm, landscaping, masonry wall, fence, or other screening.
(3)
A minimum of 10% of the area devoted to the parking of 10 vehicles
or more shall consist of landscaping, subject to the approval of the
Planning Board.
(4)
The placement of landscaping is encouraged within islands and along
the periphery of the parking areas, within the front and side yards,
and around the building.
(5)
Trash containers, dumpsters, storage areas, and HVAC and mechanical
equipment shall not be located within the required front, side, or
rear setback and shall be screened from public view by fencing or
continuous landscaping.
E.
Signage. In addition to the regulations defined in § 144-102.1, Signs, any permitted use developed within a C-1 District shall conform to the following:
(1)
Signage shall be constructed of neutral materials and colors, be
complementary to the building and site, and enhance the streetscape
and neighborhood visual character.
(2)
Signs shall not be placed within the public right-of-way, unless
approved by the Planning Board.
(3)
Signs shall not be placed in a way that restricts visibility or causes
a traffic hazard.
(4)
Each building shall be permitted one building sign and one freestanding
sign.
(5)
Individual building signs shall not be larger than 20 square feet.
(6)
In the case of multitenant buildings, each tenant shall be permitted
one building sign, affixed to the portion of the building in which
they lease, of no larger than six square feet, that shall be counted
towards the overall 20 square feet of building signage permitted for
the building. Multitenant buildings are still restricted to one freestanding
sign.
(7)
Building signage shall not be placed on the roof or above the roofline
of a building, and shall not extend beyond the building, block windows,
or obstruct other architectural elements.
(8)
Building signs shall be completely affixed to a building and shall
not protrude from the building greater than six inches.
(9)
Freestanding signs shall not project higher than four feet above
the existing grade and shall be constructed of an enclosed base with
stone, brick, or other masonry or wood materials. The use of pylon
or pole signs is not permitted. The use of landscaping to enhance
the appearance of signage is encouraged.
(10)
Freestanding signs are limited to no more than 20 square feet
of signage per side, and no more than 40 square feet of total signage.
(11)
The use of digital signage or flashing signage is not permitted.
(12)
Temporary signs, banners, or other promotional signage shall
not be permitted to exist on the site for longer than seven days unless
granted by the Planning Board.
(13)
No digital signs other than static images.
[Added 10-19-2011]
F.
Access management. The objective of access management is to reduce
the number of conflict points and to ensure vehicular and pedestrian
safety.
(1)
Shared access and cross access of adjacent lots is encouraged, subject
to Planning Board review, to reduce the number of curb cuts and provide
access control.
(2)
The location and number of access points are subject to the review
and approval of the Planning Board, Town Engineer and, when appropriate,
the Town Highway Superintendent.
(3)
Access driveways shall conform to §§ 144-33 and 144-44E(4).
(4)
Access management should reference the NYSDOT Best Practices in Arterial
Management.
G.
Other. Any permitted use developed within the C-1 District shall
conform to the following additional provisions:
(1)
The placement of lighting on the site shall be subject to review
of the Planning Board to ensure site lighting is directed away from
adjacent properties.
(2)
Site lighting shall consist of cut-off, shielded, or directional
lighting fixtures. The use of LED lighting is encouraged.
(3)
The intensity of light at the perimeter of the site shall not exceed
0.1 footcandle.
The Planning Board will require, as a condition of site plan
approval, that the applicant file a two-year maintenance bond, in
such amount as determined by the Town Planning Board, to insure that
the proposed development's required landscaping is maintained in compliance
with approved plans. An estimate of the value of the landscaping will
be required as part of the site plan approval so that an amount can
be determined for the bond.
