[Added 10-1-2008 by L.L.
No. 5-2008]
In accordance with the Regional Comprehensive Plan, the Elma
Center Overlay is established to employ standards that improve the
quality of development for the Elma Center hamlet area that result
in the reuse and enhancement of existing structures, improvement in
the overall visual quality of the area, and promote the creation of
a unique, pedestrian-friendly district that focuses on the historic
foundations of the Town of Elma. The image of the Elma Center area
should reflect that of the older, more stately homes along Bowen Road
north of Bullis Road.
The boundaries of the Elma Center Overlay are as follows:
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Beginning at a point along the center line of Bullis Road, 300
feet west of the center line of Bowen Road, the Overlay boundary runs
parallel to Bowen Road at a distance of 300 feet from the center line
of Bowen Road south to the parcel that contains the Town of Elma Highway
Department garage. The boundary then runs east to the center line
of Bowen Road, then runs south to the center line of Woodard Road.
The boundary then follows the center line of Woodard Road east 100
feet, then runs northeast along a parcel line to a distance 300 feet
east of the center line of Bowen Road. The boundary then runs parallel
to Bowen Road, at a distance of 300 feet from the center line of Bowen
Road, north to the Pond Brook Homes parcel. The boundary then runs
west to the center line of Bowen Road, then runs north along the center
line of Bowen Road to the center line of Bullis Road. The boundary
then runs west along the center line of Bullis Road to meet up with
the starting point, 300 feet west of the center line of Bowen Road.
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The standards of the Elma Center Overlay shall be superimposed
over, and supplement, the underlying zoning standards. Each use must
conform to the standards of the underlying zoning district, as well
as the standards of this overlay district, and the more stringent
standards shall apply.
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 § 144-93.6, 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.
The standards contained herein, which govern all development
and redevelopment within the boundaries of the Elma Center Overlay,
are founded upon the following objectives:
A.
Establish criteria that promote the creation of a unique district
consisting of a character that complements the older, stately homes
in the area.
B.
Promote the reuse and enhancement of existing structures.
C.
Improve the overall visual quality of the Elma Center hamlet area.
D.
Promote a streetscape that is pedestrian-friendly and safe by promoting
small-scale buildings, encouraging buildings to orient and locate
close to the street, eliminating front yard parking, and restricting
the number of vehicle access points.
E.
Establish standards to ensure that new development or redevelopment
is in character in terms of scale, design, use, and layout with the
historic, pedestrian-scaled character envisioned for the hamlet.
F.
Access management practices should be employed to limit vehicular-pedestrian
conflict points and to improve vehicle safety and traffic flow.
G.
Establish standards that allow for a harmonious mix of uses.
H.
Reduce signage clutter by controlling the number and size of signs,
the placement of signs, and the appearance of signage. Signage should
be designed to complement the architecture of the building and promote
the character of the Elma Center hamlet area.
I.
Landscaping and other amenities should be incorporated into site
development to enhance the site and screen parking areas.
The uses that are permitted within the Elma Center Overlay shall
be determined by the underlying zoning district.
To ensure that certain undesirable uses are not allowed in the
Elma Center Overlay, in 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 Elma
Center Overlay:
A.
Principal.
(1)
Any establishment with vehicle drive-through facilities.
(2)
Tattoo or piercing parlors.
(3)
All automobile sale/service stations, including gas stations.
(4)
Marine or other vehicle sales and service.
(5)
Truck terminals and wholesale or retail distribution centers.
(6)
Self-storage facilities.
(7)
Outdoor storage.
(8)
Commercial car washes.
(9)
Building equipment and contractor supply yards.
(10)
Warehouses or wholesale centers.
(11)
Any industrial or manufacturing use.
(12)
Telecommunications facilities.
(13)
Junk or salvage yards.
(14)
Adult entertainment.
A.
The applicant shall meet all submission requirements of site plan
review.
B.
The applicant shall submit building plans and elevations indicating
the facade treatments and construction materials and colors of all
structures in compliance with the standards of the underlying zoning
district and Elma Center Overlay.
C.
The applicant shall submit a minimum of two different renderings
of the proposed structure(s) to be developed on the site to allow
the Planning Board to choose the alternative that it feels will best
comply with the overlay.
D.
The applicant shall submit a site plan that identifies all components
of the development and indicates compliance with all the requirements
of the Zoning Law and the Elma Center Overlay.
E.
The applicant shall submit a landscape plan identifying the location,
type, size, and planting specifications of all landscaping proposed
for the site. The landscape plan shall also identify, in general,
existing vegetation on the site.
F.
The applicant shall submit a signage plan that shows the size, type,
placement, lighting, design, and construction materials of each sign
proposed for the site comply with all the requirements of the Zoning
Law and the Elma Center Overlay.
In addition to the general standards outlined in this section,
all development within the Elma Center Overlay, with the exception
of agricultural, single-family residential, and two-family residential
structures, shall conform to the Town's Design Guidelines, where applicable
(copy to be obtained from the Town).
A.
Minimum lot dimensions. To encourage small-scale, pedestrian-oriented
activity within the hamlet area, the Planning Board may reduce the
required lot width to 50 feet where public sewers exist.
B.
Building setbacks.
(1)
The following setbacks shall supersede the setbacks of the underlying
zoning and apply to all development within the Elma Center Overlay
to promote the hamlet streetscape and to encourage pedestrian activity
and safety. Where a setback is not established, the underlying setback
shall be applied.
(2)
To encourage a visually appealing and pedestrian-friendly streetscape,
the front building setback shall be no less than five feet and no
more than 10 feet as measured from the street right-of-way. Arcades,
awnings, balconies, porches, and other architectural amenities shall
be permitted to encroach upon the front setback by a maximum of five
feet as long as it does not encroach upon the right-of-way.
C.
Architecture. The architecture and design of any structure within
the Elma Center Overlay shall comply with the standards of the underlying
zoning and shall conform to the following general guidelines.
(1)
General design.
(a)
The architecture and design of any structure shall:
[1]
Comply with the character envisioned for the Elma
Center hamlet area that complements the older, more stately homes
found along Bowen Road, north of Bullis Road;
[2]
Enhance the visual quality of the Elma Center hamlet
area;
[3]
Be harmonious with adjacent uses;
[4]
Be pedestrian-oriented and promote pedestrian safety;
and
[5]
Comply with the Town's Design Guidelines, where
applicable.
(b)
The reuse or redevelopment of an existing structure shall be
considerate of the original character of the structure. Any additions
to an existing building shall conform to the requirements of the Elma
Center Overlay.
(2)
Building materials.
(a)
Any side of a building that faces a street or public right-of-way
shall incorporate a facade constructed of any of the following materials:
stone, brick, masonry, marble, wood or vinyl siding, or other material
approved by the Planning Board.
(b)
The use of cast concrete, cinder blocks, or metal paneling shall
not be used on sides of a building that face a street or public right-of-way.
D.
Site layout. The site layout within the Elma Center Overlay shall
comply with the standards of the underlying zoning and conform to
the following general guidelines. In the case of conflicting standards,
the regulations of the Overlay District shall prevail.
(1)
All new developments within the Elma Center Overlay shall install
a sidewalk within the right-of-way and parallel to Bowen Road, in
accordance with the county and Town standards, where applicable. The
sidewalk shall measure no less than five feet in width and be placed
at least seven feet from the pavement edge along the entire frontage
of the lot to allow for pedestrian circulation.
(2)
The building and site should incorporate design features that
make it compatible and safe for both vehicular and pedestrian access
and circulation.
E.
Parking and loading areas. Off-street parking shall comply with the standards of the underlying zoning and Article IV of the Zoning Code, and shall conform to the following additional standards:
(1)
Parking and loading areas must be set back from the street right-of-way
a minimum of 20 feet.
(2)
To reduce the impact of parking areas on the hamlet area, the
Planning Board may reduce the required number of parking spaces if
it determines that the presence of pedestrian traffic or nearby shared
parking warrants less on-site parking.
(3)
A minimum of 10% of the interior of a parking area designed
for 20 cars or more shall be devoted to landscaping used to break
up the parking stalls where the parking area is visible from the public
right-of-way.
(4)
A minimum of 20% of the interior of a parking area designed
for 50 cars or more shall be devoted to landscaping where the parking
area is visible from the public right-of-way.
(5)
Parking areas shall not contain a continuous single row of parking
stalls of greater than 10 parking spaces without interruption by a
landscaped island where the parking area is visible from the public
right-of-way.
(6)
In addition to the screening of a parking area required in § 144-44E(3), the use of decorative ornamental features, masonry walls, fencing, or a mix of each is encouraged to additionally screen parking and loading areas and to create a more visually appealing streetscape.
(7)
Pedestrian walkways shall be incorporated throughout a parking
area to provide safe circulation of pedestrians between the parking
area and entrance to a building. Pedestrian walkways shall consist
minimally of a striped walkway. Preferably, pedestrian walkways should
be constructed of concrete or raised or stamped concrete to clearly
indicate a pedestrian facility.
F.
Landscaping/Screening. Landscaping and screening shall comply with
the standards of the underlying zoning and shall conform to the following
additional standards:
(1)
For every 25 feet of road frontage, a street tree shall be planted
between the sidewalk and the edge of pavement, in conformance with
county and Town standards, where applicable.
(2)
Additional shade trees shall be planted throughout the site
of any non-single-family or two-family residence and nonagricultural
use at a ratio of one tree per 10,000 square feet of lot area.
(3)
The required front yard shall consist of vegetative ground cover,
perennial and annual landscaped areas, and/or other amenities that
enhance the visual appearance and pedestrian-friendliness of the streetscape.
The use of hanging baskets and other decorative planters is encouraged.
(4)
All landscaped areas shall be maintained, and any vegetation
that dies shall be replaced during the following planting season.
G.
Signage. Signage shall comply with the standards of the underlying zoning and § 144-102.1, Signs, and shall conform to the following additional standards:
(1)
Proposed signage shall be designed to complement the architecture
of the building and comply with the historic, pedestrian-friendly
character envisioned for the Elma Center hamlet area.
(2)
Each building shall be permitted one building sign.
(3)
Individual building signs shall not be larger than 20 square
feet.
(4)
In the case of multitenant buildings, each tenant shall be permitted
one building sign of no more than six square feet that shall be counted
towards the overall 20 square feet of total signage permitted for
the building.
(5)
Building signs shall be completely affixed to a building and
shall not protrude from the building more than six inches. An exception
may be granted by the Planning Board for a building sign that protrudes
from a building by a supporting arm or other ornamental feature of
no more than five feet so long as the sign is perpendicular to the
building facade and sidewalk and does not obstruct views, cause a
safety hazard, or negatively impact the character envisioned for the
Elma Center hamlet area.
(6)
Any sign that protrudes over a sidewalk shall have a minimum
clearance of 10 feet between the sidewalk and lowest part of the sign.
(7)
Freestanding signs are not permitted.
(8)
The use of digital signage or flashing signs is not permitted.
(9)
Overall signage may not be lit from internal lights, only the
use of individually internally lit characters on a sign, backlit signage,
or directional lighting shall be used to light signage. The use of
flashing or neon lights is not permitted.
(10)
The appearance and placement of signage shall be subject to
Planning Board discretion as part of the site plan review process.
H.
Access management.
(1)
The objective of access management is to reduce the number of
conflict points and to ensure pedestrian friendliness and safety.
(2)
The number of curb cuts and width of access drives for parking
and/or loading areas shall be the minimum possible, as determined
by the Planning Board, to maintain a pedestrian-friendly streetscape.
I.
Other.
(1)
The use of decorative lighting structures is encouraged to comply
with the historic, pedestrian-friendly character envisioned for the
hamlet.
(2)
The maximum height of any lighting structures shall be 16 feet.
(3)
Fencing placed in the front yard shall be no higher than three
feet and shall consist of wood or faux wood picket or ornamental iron
construction. A mix of stone, brick, or other masonry wall and fencing
may be permitted. The use of stockade, metal, woven wire, or barbed
wire fences is not permitted in the front yard.
(4)
Outdoor seating. Eating and drinking establishments located
in the Elma Center Overlay may conduct their business along the sidewalk
or within a public right-of-way, provided:
(a)
The storage of goods, whether temporary or permanent, shall
not be permitted outside of the building and/or structure.
(b)
The maximum outdoor seating area shall be no larger than 100
square feet and shall not extend further than 10 feet from the building
in which the business is located.
(c)
At least five feet of the sidewalk shall remain free of such
eating area and associated structures to allow for the safe and efficient
movement of pedestrians.
(d)
The outdoor seating area shall be a temporary area, and shall
not contain any permanent buildings and/or structures.
