The regulations set by this chapter shall be
the minimum regulations within each district and shall apply uniformly
to each class or kind of structure or use of land except as hereinafter
provided:
A.
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 except in conformity with all the regulations herein specified
for the district in which it is located.
B.
No building or structure shall hereinafter be erected
or altered:
(1)
To exceed the height limitation for any structure
within a specified district.
(2)
To accommodate or house a greater number of families.
(3)
To occupy a greater percentage of lot area.
C.
No part of a yard or other open space or off-street parking or loading space required about or in connection with any building for the purpose of complying with the regulations set forth herein shall be included as part of a yard, open space or off-street parking or loading space similarly required for any other building except as provided in Article IX.
D.
No yard or lot existing at the time of enactment of
this chapter shall be reduced in dimension or area below the minimum
requirements set forth herein. Yards or lots created after the effective
date of this chapter shall meet or exceed the minimum requirements
established herein.
A.
Intent. The intent in creating agricultural districts
is to protect predominantly agricultural areas from suburban and urban
development, encourage the continuation of agriculture, reduce land
use conflicts and preserve open space and natural resources. To this
end, construction and connection of water main laterals and service
connections of four inches in diameter or greater are prohibited within
the A Agricultural District.
B.
Permitted principal uses and minimum lot sizes. Permitted
principal uses and minimum lot sizes shall be as follows:
(1)
Single-family dwelling.
(a)
Minimum lot area: 60,000 square feet.
(b)
Minimum frontage: 200 feet, measured at the
edge of the road right-of-way and maintained to a minimum depth of
300 feet.
(c)
Minimum depth: 300 feet, measured from the center
line of the right-of-way.
(d)
Minimum front setback: 100 feet, measured from
the center line of the road.
(e)
Minimum side setback: 30 feet, measured from
the edge of the property line.
(f)
Minimum rear setback: 100 feet, measured from
the edge of the property line.
(2)
Two-family dwelling.
(a)
Minimum lot area: 90,000 square feet.
(b)
Minimum frontage: 300 feet, measured to the
edge of the road right-of-way and maintained to a minimum depth of
300 feet.
(c)
Minimum depth: 300 feet, measured from the center
line of the right-of-way.
(d)
Minimum front setback: 100 feet, measured from
the center line of the road.
(e)
Minimum side setback: 30 feet, measured from
the edge of the property line.
(f)
Minimum rear setback: 100 feet, measured from
the edge of the property line.
(3)
General or specialized farming, truck gardening, greenhouses,
nurseries and animal or poultry husbandry, provided that no killing
shall be done on the farm other than of animals raised on the farm
for the use of farm residents; provided, further, that on land devoted
to the housing or breeding of horses, cattle, swine, poultry, sheep
or goats, the shelters for such animals shall not be closer than 30
feet to the boundary of any nonagricultural zoning district. Kennels,
including runways, used for the housing or breeding of dogs shall
not be closer than 100 feet to the side or rear lot line or closer
than 150 feet to the street right-of-way.
[Amended 10-9-2008 by L.L. No. 5-2008]
(a)
Customary farm buildings for the storage of
products, livestock or equipment shall not be any closer to the road
than the front of the principal structure or 150 feet from the road
center line, whichever is less. The minimum side and rear lot allowance
shall be 30 feet from the property line. The construction of farm
buildings shall be limited to farms.
(4)
Boarding of animals, excluding the renting or leasing
of animals or kennels.
(5)
Excavation operations which do not exceed the threshold of 750 cubic yards per 1,000 tons per year set forth in the definition of "excavation" in § 700-8 of this chapter, excavations (including those exceeding the limit of 750 cubic yards per 1,000 tons per year) which are solely in aid of on-site agriculture and farming, and excavations that do not exceed a cumulative total of 10,000 cubic yards and that begin and end in a period lasting no longer than 12 months, which constitute grading, land clearing and site preparation for residential, commercial and industrial construction projects.
(6)
Earth-sheltered housing, subject to the following
provisions:
(a)
No more than one family shall reside in any
earth-sheltered housing structure.
(b)
Applicants for a building and use permit for
earth-sheltered housing shall submit a report prepared by a licensed
civil engineer or architect which demonstrates that the physical characteristics
of the site are suitable to accommodate earth-sheltered housing construction.
(c)
Detailed construction plans prepared by a licensed
engineer or architect shall be submitted with the application for
a building and use permit.
(d)
The lot size, width, setback and coverage requirements
for earth-sheltered housing shall not be less than the corresponding
requirements for conventional residential dwellings in the district.
(e)
Accessory residential structures and uses (i.e.,
off-street parking, signs, swimming pools, etc.) shall conform to
the same regulations and controls for such structures and uses associated
with conventional residential dwellings.
C.
Restrictions.
(1)
No more than one commercial vehicle with a gross vehicle
weight (GVWR) in excess of 10,000 pounds shall be permitted. Said
vehicle may be parked no closer to the road than the principal structure
and no less than 100 feet from any side or rear lot lines and must
be visually screened from adjacent property owners. This restriction
shall not apply to farms.
D.
Permitted accessory uses.
(1)
For lots of less than two acres, accessory structures shall be permitted
and may cover up to 3% of the lot. However, only two detached structures
shall be permitted and shall have a maximum height of 25 feet with
fifteen-foot side and rear lot allowances.
[Amended 1-10-2019 by L.L. No. 1-2019]
(2)
On lots two acres and greater but less than five acres, accessory
structures shall be permitted and may cover up to 3% of the lot. However,
only three detached structures shall be permitted and shall have a
maximum height of 25 feet with fifteen-foot side and rear lot allowances.
[Amended 1-10-2019 by L.L. No. 1-2019]
(3)
On lots five acres and greater, the accessory structures shall be
permitted and may cover up to 5% of the lot. Accessory structures
shall have a maximum height of 25 feet, with fifteen-foot side and
rear lot allowances.
[Amended 1-10-2019 by L.L. No. 1-2019]
(4)
Detached garage or accessory structure shall only
be permitted to be closer to the road than the front of the principal
structure in cases where the setback for the accessory structure is
at least 150 feet from the front property line. That is, the accessory
structure may be permitted to be nearer the road than the principal
structure if the setback to the accessory structure is at least 150
feet.
(5)
The housing of farm animals (i.e., horses, cattle)
shall be a permitted accessory use, subject to the following conditions:
(a)
On a minimum lot size of 1.5 acres, one large
animal shall be permitted, plus one acre for each additional animal.
This restriction shall not apply to farms.
(b)
Any solid manure storage shall be a minimum
distance of 75 feet from any property line.
(c)
Any liquid manure storage shall be a minimum
distance of 150 feet from any property line.
(7)
Stands of a nonpermanent nature (movable and temporary)
may be utilized for the sale of agricultural products by the property
owner during the harvest season under the following conditions:
(a)
The stand shall be set back not less than 30
feet from the edge of the pavement of the highway.
(b)
Sufficient land area shall be provided to accommodate
off-street parking for not fewer than three vehicles on site.
(c)
Not more than two signs may be erected for the
purpose of advertising such sale. Said signs shall not exceed 12 square
feet in area and shall be located not less than 20 feet from the edge
of the pavement of the highway.
E.
Permitted uses by special use permit:
Home occupations as defined in § 700-8 and as regulated by § 700-49 of this chapter.
[Amended 12-14-2006 by L.L. No. 2-2006]
(1)
Essential services, excluding power plants.
(2)
Private airstrips.
(3)
Camping grounds.
(4)
Not-for-profit public and semipublic uses and buildings,
excluding gun clubs.
(5)
Kennels.
(6)
Stables or riding academies where animals are rented
or leased.
(7)
Commercial recreation uses, excluding firing ranges
and amusement arcades.
(8)
Rooming houses.
(9)
Bed-and-breakfast establishments.
A.
Intent. The purpose of the Rural Residential District
is to promote orderly development of the Town and encourage well-designed
living environments which protect and stabilize the residential characteristics
of the Town.
B.
Permitted principal uses and minimum lot sizes. Permitted
principal uses and minimum lot sizes shall be as follows:
(1)
Single-family dwelling.
(a)
Minimum lot area: 60,000 square feet.
(b)
Minimum frontage: 200 feet, measured at the
edge of the road right-of-way and maintained to a minimum depth of
300 feet.
(c)
Minimum depth: 300 feet, measured from the center
line of the right-of-way.
(d)
Minimum front setback: 100 feet, measured from
the center line of the road.
(e)
Minimum side setback: 30 feet, measured from
the edge of the property line.
(f)
Minimum rear setback: 100 feet, measured from
the edge of the property line.
(2)
Two-family dwelling.
(a)
Minimum lot area: 90,000 square feet.
(b)
Minimum frontage: 300 feet, measured to the
edge of the road right-of-way and maintained to a minimum depth of
300 feet.
(c)
Minimum depth: 300 feet, measured from the center
line of the right-of-way.
(d)
Minimum front setback: 100 feet, measured from
the center line of the road.
(e)
Minimum side setback: 30 feet, measured from
the edge of the property line.
(f)
Minimum rear setback: 100 feet, measured from
the edge of the property line.
C.
Restrictions (applicable to all R-R Districts).
(1)
No commercial vehicle with a gross vehicle weight
(GVWR) in excess of 10,000 pounds shall be parked in any R-R District
except for temporary pickup and delivery.
D.
Permitted accessory uses.
[Amended 12-14-2006 by L.L. No. 2-2006; 3-8-2012 by L.L. No.
2-2012]
(1)
No more than two accessory buildings shall be allowed per lot in
the Rural Residential District. The maximum size for an accessory
building shall not exceed 60 feet by 60 feet or a total of 3,600 square
feet. In total, all accessory buildings may cover up to 2% of the
lot or have a total building area of 7,200 square feet, whichever
is less. Accessory buildings shall have a maximum wall height of 12
feet and minimum roof pitch of 3:12, with a minimum of 15 feet side
yard and rear lot allowance.
(2)
Detached garage or accessory structure shall only be closer to the
road than the front of the principal structure in cases where the
setback for the accessory structure is at least 150 feet from the
front property line. That is, the accessory structure may be permitted
to be nearer the road then the principal structure if the setback
to the accessory structure is at least 150 feet.
E.
Permitted uses by special use permit
[Amended 12-14-2006 by L.L. No. 2-2006]
(1)
Essential services, excluding power plants, maintenance
buildings and storage yards.
(2)
Not-for-profit public and semipublic uses and buildings.
(3)
Rooming houses.
(4)
Telecommunications facilities, subject to the provisions of Chapter 657 of the Code of the Town of Marilla.
(5)
Private, semipublic and public golf course recreational facilities, subject to § 700-60 of this chapter.
(6)
The
keeping of chickens is permitted within R-R zoned properties. Residents
must create appropriate containment to ensure their chickens, bedding
and all waste remains on the owner's property until proper disposal.
[Added 7-15-2022 by L.L.
No. 2-2022]
A.
Intent. The purpose in creating manufactured home
park districts is to provide diversity in housing choice as well as
greater opportunities for obtaining moderate-cost housing to meet
the needs of a variety of household types and to enact proper controls
and development regulations to ensure that manufactured home parks
provide an attractive and functional residential environment.
C.
Permitted accessory uses. Permitted accessory uses
shall be as follows:
E.
Special design requirements. No permit for a manufactured
home park shall be issued until site plans for the park have been
reviewed by the Planning Board and approved by the Town Board. No
site preparation or construction shall commence until final site plan
has been granted by the Town Board and permits have been issued by
all governmental agencies involved. This provision shall apply to
the expansion or alteration of existing manufactured home parks as
well as to proposals for new parks. In the review of proposed site
plans, the Planning Board's investigations shall certify for action
by the Town Board that the plans comply with the following standards
and development regulations:
(1)
Density and setback requirements.
(a)
Each manufactured home lot within the park shall
comply with the applicable lot size, building size and setback requirements
set forth in the schedule herein.
(b)
The minimum site area of a manufactured park
shall not be less than 10 acres.
(c)
No manufactured home or other structure in a
manufactured home park shall be located within 100 feet of any public
street line or within 60 feet of any other property line of the manufactured
home park.
(d)
Not more than one manufactured home shall be
located on any one manufactured lot. Every manufactured home within
a manufactured home park shall be located on a manufactured home lot
or in a designated storage area shown on the approved site plan for
said park.
(e)
Each manufactured home lot shall front on an
interior park roadway. An iron stake shall be located and maintained
by the park owner at the corner of each manufactured home lot.
(f)
No addition to any manufactured home park and
no new manufactured home park shall be constructed within 250 feet
of the line of any R-R Residential District, of which area a fifty-foot
strip of land immediately adjoining said R-R District shall be maintained
as a landscaped buffer area.
(2)
Circulation. Every roadway within a manufactured home
park shall have a minimum street/pavement width of 22 feet and a minimum
right-of-way width of 50 feet. Internal streets shall conform to the
following standards:
(a)
Culs-de-sac shall be provided in lieu of closed-end
streets and shall have a minimum diameter of 70 feet.
(b)
All streets shall be constructed of blacktop
or equivalent of same and shall be designed, graded and leveled as
to permit the safe passage of emergency and service vehicles at a
speed of 15 miles per hour.
(c)
Each street shall be named, and each manufactured
home lot thereon shall be given a permanent number which shall be
affixed to the manufactured home and shall be visible from the street.
(d)
All internal streets shall be illuminated from
dusk to dawn with adequate lighting.
(e)
Every roadway within a manufactured home park
shall be maintained in good repair and shall be open at all times
reasonably possible for travel by occupants of the park and necessary
fire, police, ambulance, public utility maintenance and fuel supply
vehicles. The park owner shall be responsible for providing and paying
the cost of such maintenance and all necessary snow removal. The provisions
of this subsection shall apply to existing manufactured home parks
and manufactured home parks hereafter established.
(f)
Pedestrian walkways shall be provided along
at least one side street of all interior streets. Said walkway shall
have a width of not less than four feet.
(3)
Off-street parking.
(a)
Each manufactured home lot must have two off-street
parking spaces. Alternative parking facilities may be provided so
that each manufactured home lot will have one off-street parking area
with a common parking area utilized for second vehicle parking, guest
parking and for delivery and service vehicles. Each parking space
must have a minimum of 250 square feet.
(b)
No on-street parking shall be permitted.
(c)
No boats, camp haulers, trailers or motor vehicles
not designated for passengers shall be parked or stored at any place
within the manufactured home park except designated special off-street
parking areas.
(d)
No unlicensed motor vehicles or trailers or
parts thereof or junks of any nature or description shall be parked
or stored within the manufactured home park.
(4)
Services.
(a)
A recreation area with adequate provisions for
facilities, maintenance and supervision for the use of the occupants
shall be provided within the park. Said recreation area and facilities
shall be approved by the Town Board and shall encompass an area of
not less than 500 square feet for each manufactured home lot. In no
event shall such area be less than 10,000 square feet.
(b)
At least one service building shall be constructed
in each manufactured home park which shall be adequate to provide
for storage of all equipment, tools and materials necessary for the
maintenance of the park. All such equipment, tools and materials shall
be stored within said building when they are not in use.
(c)
The plan for a manufactured home park shall
provide a system of fire protection, including a fire alarm system
and a water reservoir, if necessary, deemed satisfactory by the Fire
Department.
(d)
An adequate supply of water shall be provided
for manufactured homes, service buildings and other accessory buildings.
Where public water is available, connection thereto shall be used
exclusively. If a public water supply is not available, the development
of a private water supply system shall be approved by the Erie County
Department of Health.
(e)
An adequate and approved system shall be provided
in all parks for conveying and disposing of sewage from manufactured
homes, service buildings and other accessory facilities. Such system
must be designed, constructed and maintained in accordance with the
New York State Public Health Law and Department of Health standards
and regulations. Approval by the Erie County Department of Health
is required before any permit or license may be issued.
(f)
An adequate storm drainage system shall be installed.
(g)
All public utility, electric, gas, cable, television
and telephone lines shall be installed underground.
(h)
The park owner shall provide for the regular
collection and disposal of garbage, trash and rubbish.
(i)
All fuel tanks within a manufactured home park,
including all fuel tanks used for heating within manufactured homes,
shall be installed underground in accordance with National Fire Protection
Association (NFPA) standards.
(j)
No manufactured home shall be located on a manufactured
home lot until the roadways, sanitary sewage disposal system, water
supply system and storm drainage system serving said manufactured
home lot have been installed in accordance with the approved site
development plan for the manufactured home park.
(k)
Manufactured home park owners shall obtain a
permit from the Town approving the location of a site for the placement
of individual manufactured home units prior to such units being occupied.
(5)
Other requirements.
(a)
Only one detached accessory building not exceeding
100 square feet building area may be constructed on each such manufactured
home lot. Buildings attached to a manufactured home may be constructed,
provided that the total building area thereof does not exceed 100%
of the building area of the manufactured home. These provisions shall
not apply to carports. A building permit must be obtained from the
Code Enforcement Officer prior to construction of any such enclosure
or addition, and the application therefor must show a detailed plan
of the proposed construction showing compliance with the terms herein.
Such structure must be completed or entirely removed from the manufactured
home park within two months of the date of issuance of such permit.
(b)
Each manufactured homeowner shall enclose the
bottom portion of the manufactured home with either a skirt or enclosure
within 30 days after arrival in the park.
(c)
A landscape plan shall be prepared and carried
out which will assure the Planning Board that an appropriate planting
of trees and shrubs will be included in the park design, including
screening where necessary.
(d)
On-site commercial sales of manufactured homes
may be permitted until such time as the park reaches 100% occupancy
of all approved manufactured home lots in the park. Such commercial
activity shall be removed within seven days of reaching 100% occupancy.
The resale of existing manufactured homes within a park may be permitted
at any time.
(e)
Each manufactured home site shall be provided
with a stand which will give a firm base and adequate support for
the manufactured home. Such stand shall have a dimension approximating
the width and length of the home and any additions or expansions,
thereto. Well-anchored tie-downs shall be provided on at least each
corner of the stand. The type and form of the stand shall be approved
by the Code Enforcement Officer.
(f)
A permit shall be required for the installation
of each manufactured home prior to moving the same upon the site.
A.
Intent. The purpose in creating business districts
is to provide locations where groups of small establishments may be
appropriately located to serve frequent commercial and personal service
needs of a majority of residents within convenient traveling distance.
B.
Permitted principal uses. Permitted principal uses
shall be as follows:
(1)
Retail business establishments which are clearly of
a community service characteristic, such as but not limited to the
following:
(a)
Stores selling groceries, meats, baked goods
and other such food items.
(b)
Drugstores.
(c)
Stationery, tobacco and newspaper stores and
confectionery stores.
(d)
Clothing, variety and general merchandise stores.
(e)
Hardware, appliance, radio and television sales
and service.
(f)
Restaurants.
(g)
Building supply and farm equipment stores.
(h)
Electrical, heating, plumbing or woodworking
shops.
(2)
Personal service establishments which are clearly
of a community service character, such as but not limited to the following:
(5)
Other business uses which in the opinion of the Town
Board are similar in nature and scale to those permitted above.
(6)
Upon the approval of the Town Board, a principal building may contain a combination of residential and business uses, provided that such residential uses are accessory to the business conducted and located elsewhere than on the street frontage of the ground floor and having a minimum habitable area as required for such units under Article X.
C.
Permitted accessory uses. Permitted accessory uses
shall be as follows:
(1)
Private garages and storage buildings which are necessary
to store any vehicles, equipment or materials on the premises and
which are used in conjunction with a permitted business use.
(2)
Off-street parking, loading and unloading facilities,
signs, fences and landscaping, subject to the provisions herein.
D.
E.
Other provisions and requirements for the Business
District.
(1)
Accessways to control ingress and egress of motor vehicle traffic shall be regulated as required in Article IX of this chapter.
(2)
Landscaping, buffering and fencing shall be provided in accordance with the requirements of Article IX of this chapter.
(3)
No structure shall be permitted within 50 feet of
the nearest lot line of any residential district.
[Added 5-11-2006 by L.L. No. 1-2006]
A.
Intent. The B-1 Restricted Business District is intended
to create a new type of business zoning district which would allow
the permitted principal uses and permitted accessory uses, subject
to review and approval by the Town Board, now currently allowed in
the B Business District, but not allow other uses by special permit
as are permitted in the B Business District. Development requirements
for large parcels are also imposed that allow for orderly development
of the overall parcel including the requirement of providing multiple
access on more than one road, where possible, cross-access agreements
between adjacent subparcels that are developed and shared parking
where practicable. Additional standards to minimize the impact on
adjacent residential properties are also provided for.[1]
B.
Objectives. Among the objectives of the B-1 Restricted
Business District is to allow certain areas of the Town of Marilla
to be zoned for business but not allowing business uses that would
impact negatively on existing residential properties in the area of
the Town near such zoning district. Development standards are also
provided that allow for more orderly development of larger parcels
and provide for access into individual businesses without the need
for as many curb cuts through shared access agreements and shared
parking.
C.
Permitted principal uses. Permitted principal uses
shall be as follows:
(1)
Retail business establishments which are clearly of
a community service character including the following:
(a)
Stores selling groceries, meats, baked goods
and other food items.
(b)
Drugstores.
(c)
Stationery, tobacco and newspaper stores and
confectionery stores.
(d)
Clothing, variety and general merchandise stores.
(e)
Hardware, appliance, radio and television sales
and service.
(f)
Restaurants.
(g)
Building supply and farm equipment stores.
(h)
Electrical, heating or plumbing shops.
(2)
Personal service establishments which are clearly
of a community service character including the following:
(a)
Barber- and beauty shops.
(b)
Shoe repair and fix-it shops.
(c)
Dry-cleaning stores and laundromats, provided
that in the case of dry-cleaning stores, such dry cleaning does not
take place on the premises.
(d)
Business and professional offices, including
but not limited to medical, real estate and insurance businesses and
banks.
(3)
Other business uses which, in the opinion of the Town
Board, are similar in nature and scale to those permitted above.
(4)
Senior housing, assisted living facilities, nursing
homes and other similar facilities primarily for seniors.
(5)
Upon the approval of the Town Board, a principal building may contain a combination of residential and business uses, provided that such residential uses are accessory to the business conducted and located elsewhere than on the street frontage of the ground floor and having a minimum habitable area as required for such units under Article X.
(6)
Business size and setback limitations:
[Amended 4-12-2007 by L.L. No. 1-2007]
(a)
Maximum size of any retail business shall be
15,000 square feet.
(b)
One-hundred-foot setback shall be required from
the center line of Clinton Street and from the center line of Two
Rod Road.
(c)
Minimum lot size shall be 60,000 square feet.
(d)
Minimum width of lot shall be 125 feet which
shall be measured at the location of the building.
D.
Permitted accessory uses. Permitted accessory uses
shall be as follows:
(1)
Private garages and storage buildings which are necessary
to store any vehicles, equipment or materials on the premises and
which are used in conjunction with a permitted business use.
(2)
Off-street parking, loading and unloading facilities,
signs, fences and landscaping, subject to the provisions herein.
E.
Other provisions and requirements of the B-1 Restricted
Business District.
(1)
Access into all parcels shall be limited to that approved
by the Town Board as part of the site plan, it being the intention
of this provision to limit the number of curb cuts onto the highway
and encourage joint development of parking facilities. All access
driveways shall be specifically approved by the Town Board as part
of the site plan.
(a)
The Town Board may, as a condition of approval,
require cross-access easement agreements between adjacent parcels
and shared parking facilities. Such cross-access agreements and shared
parking agreements shall be in form and substance satisfactory to
the Town Board and shall be recorded in the Erie County Clerk's Office.
(b)
In the case of development of parcels in excess
of 10 acres having the same ownership or owned by related parties,
the Town reserves the right to require access on more than one highway,
if practicable. The Town Board reserves the right, as a condition
of approval of any rezoning of any such parcel to B-1, to require
that an additional access driveway, with a width specified by the
Town Board, be maintained for future development of the site even
if such access driveway is not initially necessary. If possible, such
supplemental access driveway shall provide access on a different roadway
than the initial access driveway, unless the Town Board, in its sole
discretion, determines such access is not desirable.
(2)
Landscaping, buffering and fencing shall be provided in accordance with Article IX of this chapter but the Town Board reserves the right to impose additional requirements if it deems necessary to minimize the impact on existing residential structures abutting a parcel rezoned B-1 Restricted Business District.
(3)
No structure shall be permitted within 50 feet of
the nearest lot line of any residential district. The Town Board reserves
the right to require a greater setback if the proposed structure may
significantly impact nearby residential properties.
(4)
No outdoor storage of equipment, vehicles or materials
shall be allowed. All such items shall be stored within an enclosed
building. Notwithstanding this restriction, a farm equipment store
shall be allowed to display a limited number of new pieces of equipment
to be placed outside for the purpose of advertising. The Town Board
reserves the right to impose additional limits on such outdoor storage
if it, in its sole discretion, determines that such storage is negatively
impacting adjacent businesses or nearby residences or is in excess
of the reasonable advertising requirements of such business.
F.
Prior to obtaining a building permit to construct
in the B-1 Zoning District, each business shall submit to the Town
of Marilla for review by the Planning Board and approval by the Town
Board in addition to their site plan a proposed plan of operation
showing that the proposed operation will be in accordance with the
restrictions set forth in the B-1 Restricted Business District.
G.
Senior housing.
[Added 5-14-2009 by L.L. No. 3-2009]
(1)
Purpose. These provisions are intended to provide for proper housing
for the Town's senior citizens. The Town Board recognizes an existing
and growing need for the provision of housing especially designed
for senior citizens. Therefore, maximum permitted densities may be
increased to accomplish these goals.
(2)
AFFORDABLE HOUSING UNIT
LOW-INCOME HOUSEHOLD
SENIOR HOUSING
Definitions. As used in this subsection the following terms shall
have the meanings indicated:
Dwelling unit with a cost which makes it available to a low-income
household.
A household, according to the U.S. Department of Housing
and Urban Development (HUD), whose gross annual income is less than
50% of the median gross household income for households of the same
size within the housing region in which the housing is located.
The housing of persons 62 years of age and older or in a
domestic relationship where one or two persons is 62 years of age
or more or handicapped persons below 62 years of age in a residential
complex, said persons to be able to live in the mainstream of society,
without special medical and/or special supervisory care. Developments
may contain detached or attached dwelling units and may either be
owned or rented, or a combination of both.
(3)
Siting, area and density requirements for senior housing:
(a)
Senior housing buildings shall contain no more than 25 dwelling
units.
(c)
No senior housing development shall contain a total of more
than 50 dwelling units. The intention of this limitation is to avoid
placing an undue burden on services provided by the Town. No parcel
of property shall be split for the purposes of increasing the number
of dwelling units over the number permitted in this section.
(d)
The maximum gross density for senior housing units shall not
exceed five dwelling units per acre.
(4)
Additional requirements. In addition to the requirements set forth
in this section, the following requirements shall apply to all senior
housing developments:
(a)
The developer of senior citizen housing will submit a notarized
affidavit indicating that any future reuse of the senior citizen housing
for anything other than senior citizen housing will not be permitted
without approval by the Town Board.
(b)
To the extent practicable, the development shall incorporate
the adaptable design elements of universal design to reduce problems
meeting requirements for accessibility pursuant to the Americans With
Disabilities Act (ADA) and Fair Housing Act (FHA). Universal design
is a flexible, inclusive process aimed at enabling all occupants access
regardless of size, age, or abilities, including but not limited to
accessibility code compliance. The diverse needs of the development's
population should be accommodated in a cost-effective yet dignified
and pleasant manner assuring a convenient, safe, and secure environment
for all persons residing in such development, whether active or physically
challenged, youthful or elderly.
[1]
Due consideration shall be given in planning walks, ramps and
driveways to prevent slipping or stumbling, and handrails and ample
places for rest shall be provided. Gradients of walks shall not exceed
5%, and single riser grade changes in walks shall not be permitted,
unless it is impractical to do so because of terrain or unusual circumstances
of the site. All outdoor areas available to residents shall permit
such residents to move about without danger and with minimum effort.
[2]
Residential units, to the extent practicable, shall incorporate
adaptable design concepts and shall comply with all requirements of
the current New York State Uniform Fire Prevention and Building Code
and with all applicable requirements of the Town of Marilla.
(c)
Senior housing developments shall conform to the lot size, gross
density, allowable units, and setback and height requirements of this
section.
(e)
Accessory uses supplemental to providing services and activities
for tenants of the housing complex are permitted as part of an overall
development.
(f)
Affordable housing minimum requirements. A minimum of 15% of
all units permitted pursuant to density guidelines in Subsection H(3)
of this section shall be developed and maintained as affordable housing
units. In no case shall less than one affordable unit be provided.
All fractions shall be rounded up to the nearest whole number.
(g)
Continuous affordable housing unit. All units developed as affordable
housing shall be encumbered with an affordability restrictive covenant
for the life of the unit. If an affordable housing unit is restricted
pursuant to a grant or subsidy received from the federal government,
State of New York, or any other municipal agency to provide affordable
housing consistent with the intent of this subsection, the Town may
accept such restrictions in lieu of the restrictions set forth in
this subsection.
(h)
In the event an affordable unit or units within a development
are destroyed beyond repair, any construction to replace the damaged
units must include any previously dedicated affordable housing units.
(i)
Off-street parking shall be provided as follows: at least 1.5
spaces per dwelling unit.
A.
Intent. The purpose of the Industrial Use District
is to provide for the establishment of industrial uses essential to
the development of a balanced economic base, to create local job opportunities
in an industrial environment and to regulate such development so that
it will not be detrimental or hazardous to the surrounding community
and to the general health, safety and well-being of the Town of Marilla.
B.
Permitted principal uses. Permitted principal uses
shall be as follows:
(1)
Any use of a light industrial or agri-industrial nature
is permitted which involves only the processing, assembly or packaging
of previously prepared or refined materials, provided that at no time
will such use result in or cause:
(a)
Dissemination of dust, smoke, smog, observable
gas, fumes or odor or other atmospheric pollution, objectionable noise,
glare or vibration that will be evident beyond the property line.
(b)
Hazard of fire or explosion or other physical
hazard to any adjacent building or to any plant growth on any land
adjacent to the site of the use.
(2)
The following uses are indicative of those which are
intended to be permitted:
(a)
Manufacture of machinery such as cash registers,
sewing machines, typewriters, calculators and other office machines.
(b)
Fabrication of metal products such as baby carriages,
bicycles, metal foil, tin, aluminum, gold, etc., metal furniture,
musical instruments, sheet metal products and toys.
(c)
Fabrication of paper products such as bags,
book bindings, boxes and packaging material, office supplies and toys.
(d)
Fabrication of wood products such as bolts,
boxes, cabinets and woodworking, furniture and toys.
(e)
Food and associated industries such as bakeries,
bottling of food and beverages, food and cereal mixing and milling,
food processing, food sundry manufacturing, ice cream manufacturing
and manufacturing of spirituous liquor.
(f)
The warehousing or storage of goods and products
such as building materials, farm supplies and the like, which may
be sold from the premises to the general public. The bulk storage
of fuel for resale is specifically excluded from the intent of the
above.
(3)
Office buildings for executive, engineering and administrative
purposes.
(4)
Scientific or research laboratories devoted to research,
design and/or experimentation and processing and fabricating incidental
thereto.
(5)
The manufacturing and processing of pharmaceutical
and cosmetic products.
(6)
Contractor's offices, building supply and storage
yards.
(7)
Farm and garden implement stores.
(8)
Truck garden nursery or farm produce sales.
(9)
Other uses which, in the opinion of the Town Board,
are similar in nature and scale to those permitted above.
(10)
Commercial storage buildings for rent.
C.
Permitted accessory uses. Permitted accessory uses
shall be as follows:
E.
Other provisions and requirements.
(1)
Residential uses shall be prohibited in this district,
except for a caretaker's residence or site.
(2)
All industrial processes shall take place within an
enclosed building. Incidental storage out of doors may be permitted,
provided that such materials are shielded from view from public streets
and adjacent off-street parking areas by fencing, landscaping or other
appropriate measures.
(3)
All uses permitted in this district shall set aside
not less than 20% of the lot to be devoted to seeding, planting, retention
of tree cover or other landscaping. This area shall be used for no
other purpose.
(4)
Each use in this district shall provide truck loading
and unloading areas in an amount sufficient to permit the transfer
of goods and products in other than a public street, off-street parking
area or front yard.
(5)
Industrial structures shall be located so as to be
a minimum of 100 feet from any nonindustrial district. This one-hundred-foot
buffer strip shall be perpetually maintained so as to provide visual
screening and separation between industrial and nonindustrial uses.
(6)
Parking areas may be located in any of the required
yard areas, provided that they are not less than 50 feet from a right-of-way
line or 20 feet from a property line.
(7)
All proposals for rezoning to industrial use shall
comply with the following requirements:
(a)
The proposed rezoning shall be consistent with
the goals and objectives of the Town Master Plan.
(b)
The Town Board shall determine that the street
system serving the proposed industrial use is adequate to carry the
anticipated traffic flows and that the use will not create a burden
or nuisance for adjoining property owners.
(c)
The Town Board shall determine that the physical
character of the site proposed for rezoning to industrial use is adequate
to accommodate the proposed use.
(e)
The review and approval of site plans, the application
of development standards and the regulations pertaining to water supply,
sewage disposal and storm drainage shall conform to the appropriate
requirements and procedures set forth in this chapter.
(f)
The Town Board shall determine that not more
than 10% of the site proposed for such rezoning contains prime agricultural
soils as defined by the Town of Marilla.
[Added 5-14-2009 by L.L. No. 4-2009]
A.
Purpose. These provisions are intended to provide for proper housing for the Town's senior citizens. The Town Board recognizes an existing and growing need for the provision of housing especially designed for senior citizens and the need to provide a separate zoning district so as to not have other uses interfere with the needs of seniors. In order to provide for senior housing, the Town has determined that it is in the best interest of the Town to establish maximum densities but to allow maximum permitted densities to be increased to provide for affordable housing for seniors. Although no areas are specifically indentified for development as an S-H District on the Zoning Map, sites may be rezoned to S-H, provided that the standards and regulations of § 700-38.1 are maintained.
B.
AFFORDABLE HOUSING UNIT
LOW-INCOME HOUSEHOLD
SENIOR HOUSING
Definitions. As used in this section the following terms shall have
the meanings indicated:
Dwelling unit with a cost which makes it available to a low-income
household.
A household, according to the U.S. Department of Housing
and Urban Development (HUD), whose gross annual income is less than
50% of the median gross household income for households of the same
size within the housing region in which the housing is located.
The housing of persons 62 years of age and older or in a
domestic relationship where one or two persons is 62 years of age
or more or handicapped persons below 62 years of age in a residential
complex, said persons to be able to live in the mainstream of society,
without special medical and/or special supervisory care. Developments
may contain detached or attached dwelling units and may either be
owned or rented, or a combination of both.
C.
Siting, area and density requirements for senior housing:
(1)
Senior housing buildings shall contain no more than 25 dwelling
units.
(3)
No senior housing development shall contain a total of more
than 50 dwelling units. The intention of this limitation is to avoid
placing an undue burden on services provided by the Town. No parcel
of property shall be split for the purposes of increasing the number
of dwelling units over the number permitted in this section.
(4)
The maximum gross density for senior housing units shall not
exceed five dwelling units per acre.
(5)
The maximum number of stories permitted for senior housing shall
be two stories.
D.
Additional requirements. In addition to the requirements set forth
in this section, the following requirements shall apply to all senior
housing developments:
(1)
The developer of senior citizen housing will submit a notarized
affidavit indicating that any future reuse of the senior citizen housing
for anything other than senior citizen housing will not be permitted
without approval by the Town Board.
(2)
To the extent practicable, the development shall incorporate
the adaptable design elements of universal design to reduce problems
meeting requirements for accessibility pursuant to the Americans With
Disabilities Act (ADA) and Fair Housing Act (FHA). Universal design
is a flexible, inclusive process aimed at enabling all occupants access
regardless of size, age, or abilities, including but not limited to
accessibility code compliance. The diverse needs of the development's
population should be accommodated in a cost-effective yet dignified
and pleasant manner assuring a convenient, safe, and secure environment
for all persons residing in such development, whether active or physically
challenged, youthful or elderly.
(a)
Due consideration shall be given in planning walks, ramps and
driveways to prevent slipping or stumbling, and handrails and ample
places for rest shall be provided. Gradients of walks shall not exceed
5%, and single riser grade changes in walks shall not be permitted,
unless it is impractical to do so because of terrain or unusual circumstances
of the site. All outdoor areas available to residents shall permit
such residents to move about without danger and with minimum effort.
(b)
Residential units, to the extent practicable, shall incorporate
adaptable design concepts and shall comply with all requirements of
the current New York State Uniform Fire Prevention and Building Code
and with all applicable requirements of the Town of Marilla.
(3)
Senior housing developments shall conform to the lot size, gross
density, allowable units, setback and height requirements of this
section.
(5)
Accessory uses supplemental to providing services and activities
for tenants of the housing complex are permitted as part of an overall
development.
(6)
Affordable housing minimum requirements. A minimum of 15% of all units permitted pursuant to density guidelines in Subsection C of this section shall be developed and maintained as affordable housing units. In no case shall less than one affordable unit be provided. All fractions shall be rounded up to the nearest whole number.
(7)
Continuous affordable housing unit. All units developed as affordable
housing shall be encumbered with an affordability restrictive covenant
for the life of the unit. If an affordable housing unit is restricted
pursuant to a grant or subsidy received from the federal government,
State of New York, or any other municipal agency to provide affordable
housing consistent with the intent of this subsection, the Town may
accept such restrictions in lieu of the restrictions set forth in
this subsection.
(8)
In the event an affordable unit or units within a development
are destroyed beyond repair, any construction to replace the damaged
units must include any previously dedicated affordable housing units.
(9)
Off-street parking shall be provided as follows: at least 1.5
spaces per dwelling unit.
A.
Intent. The purpose of the Conservation Overlay District
is to identify areas of the Town which have a high natural resource
value and which require special development controls. The Conservation
Overlay District is designed to protect these resources and reduce
potential public health or safety problems due to special or unusual
conditions of topography, drainage, soil permeability, floodplain
or other natural conditions. The regulations specified herein have
been enacted to prevent inappropriate development from taking place
in those areas of the Town characterized by certain soil types, slopes
and water levels in order to:
(1)
Protect, preserve and provide proper maintenance and
use of watercourses and wetlands.
(2)
Prevent damage from erosion, turbidity or siltation.
(3)
Minimize destruction to wildlife and natural habitats.
(4)
Protect potential potable water supplies from pollution
and mismanagement.
(5)
Secure safety from floods.
(6)
Reduce the need to expend public funds to correct
problems resulting from the mismanagement of the Town's natural resource
base.
B.
Determination of district boundaries.
(1)
The exact area of the Conservation Overlay District
shall be determined by its soil, terrain and flooding characteristics.
The basic information as to these matters is set forth in a series
of maps and reports prepared by the Town of Marilla Planning Board,
the New York State Department of Environmental Conservation, the United
States Soil Conservation Service and the United States Federal Emergency
Management Agency.[1]
[1]
Editor's Note: A copy of the Conservation Overlay District Map is included at the end of this chapter.
(2)
The report and maps referenced above are available
to the general public. The information from said reports and maps
has been incorporated in an overlay map to the Official Zoning Map.
The purpose of said maps is to generally identify areas where problems
are likely to occur if development is allowed to occur without due
consideration of the impact of such development on the natural resources
of the area.
(3)
The precise boundaries of the Conservation Overlay
District shall be determined by the Town Board only after larger-scaled
and more detailed maps are provided by applicants. In determining
the boundaries, the Board may consult with the Erie County Department
of Planning, the Erie and Niagara Counties Regional Planning Board
or any other organization which, in the opinion of the Planning Board,
has the technical knowledge to assist in said determinations. Large-scale
maps requested of applicants shall include those areas where any one
or more of the following conditions exist:
(a)
Slopes with an average gradient of 15% or more
or slopes subject to erosion.
(b)
Areas subject to flooding and designated by
the Federal Insurance Administration as within the one-hundred-year
floodplain.
(c)
Areas prone to inundation by waters on a recurring
basis.
(d)
Areas exhibiting high water tables with commensurate
marsh-like or wetland conditions.
(e)
Areas where development poses a threat to the
public health, safety and welfare of residents.
(f)
Areas of prime agricultural soils.
(g)
Areas with wood lots of five acres or more.
C.
Area restrictions.
(1)
The minimum lot size shall be five acres.
(2)
This restriction in size may be waived by the Town
Board if the applicant can demonstrate in a written environmental
impact statement that a reduction in lot size shall not result in
excessive erosion, stream siltation, soil instability, alteration
of the basic flow characteristics of surface waters, contamination
of water supply or other adverse effects upon storm drainage, roads
or other health and safety regulations of the Town. Upon acceptance
of such documented written environmental impact statement, said lot
sizes may be reduced to not less than the minimum lot size required
for the primary zone district in which the proposed development is
located.
D.
Permitted uses. Permitted uses shall be any permitted,
accessory or special use allowed in the primary zone district.
E.
Other regulations governing development in a Conservation
Overlay District. The Town Board shall consider the ability of the
applicant to meet the conditions listed below, as appropriate, prior
to recommending permit approval:
(1)
Wetland areas.
(a)
The filling of wetland areas of more than one
acre in size shall not be permitted.
(b)
Proposed water supply and sewage systems shall
be approved by the appropriate regulatory agencies.
(c)
All structures, as well as driveways and walkways,
shall be placed so as to avoid disturbing the natural function and
process of the wetlands.
(d)
Plans for diking, new channelization or withdrawing
of water shall be approved by the State Department of Environmental
Conservation.
(2)
Steep slope areas.
(a)
All structures shall be designed so as to minimize
the amount of cutting into the embankment, general grading and removal
of vegetative cover. This shall generally mean designing a rectangular
shaped structure which can be placed parallel with all contours and/or
designing a cantilevered structure for maximum exposure above the
ground.
(b)
The location of driveways, walkways and accessory buildings as well as general grading shall conform to the same overall objectives stated in Subsection E(2)(a) above.
(c)
Terracing, sodding, planting and the construction
of retaining walls shall be provided as may be necessary.
(3)
Woodlands.
(a)
Whenever possible, the site plan shall be designed
so as to minimize the number of trees (30 feet and over) which would
have to be removed or would otherwise disturb the forest floor.
(b)
Large-scale developments, including residential
subdivisions, campgrounds, manufactured home parks, etc., shall be
guided in their layout by a professional engineer or landscape architect.
(4)
Major creeks.
(5)
Areas of special flood hazard.[2]
(a)
Administrative requirements. Prior to approving
a permit for the construction, expansion, demolition or substantial
alteration of any building or the change in use of any land area or
building within areas of special flood hazard, the Town Board shall:
[1]
Ensure that the applicant has provided sufficient
detailed information on which to base its decision, including but
not limited to plans drawn to scale depicting the dimensions and elevations
of the area in question; the nature, location and elevations of all
existing or proposed structures; the nature and location of all existing
or proposed drainage facilities; and a description of all excavation
or fill required for the proposed construction or development. It
shall be the sole responsibility of the applicant for a permit to
provide any and all information and data required by the Town Board
for review of the application. All engineering and/or geological data
shall be certified as accurate by a licensed engineer, subject to
review by the Town Engineer. The Town Board may rely upon such certification
by a licensed engineer.
[2]
Review all applications for permits to determine
whether the proposed plans satisfy the requirements of this article.
Prior to rendering any decision to approve a permit, the Town Board
shall refer the application to the Town Engineer and the Town Attorney
for their recommendations and reports.
[3]
Review all applications for permits to determine
whether all necessary permits have been obtained from federal, state
or local governmental agencies from which prior approval is required.
[4]
Review all permits to determine if such proposed development is located within the floodway. If the proposed development is to be located in the floodway, a certification shall be obtained in accordance with Subsection E(5)(b)[8] herein.
[5]
When base flood elevation data is not provided,
the Town Board shall obtain, review and reasonably utilize any base
flood elevation data available from a federal or state source in order
to administer this section.
[6]
Verify and record the actual elevation (in relation
to mean sea level) of the lowest habitable floor of all new or substantially
improved structures, and the Town Board shall verity and record the
actual elevation (in relation to mean sea level) to which any new
or substantially improved nonresidential structure has been floodproofed.
[7]
Notify adjacent communities and the Department
of Environmental Conservation prior to any alteration or relocation
of a watercourse; submission of evidence of such notification to the
Federal Insurance Administration; and requirement that maintenance
is provided within the altered or relocated portion of any such watercourse
so that the flood-carrying capacity is not diminished.
[8]
Whenever necessary, make interpretations as
to the exact location of the boundaries of the areas of special flood
hazard.
(b)
Provisions for flood hazard reduction. Provisions
for flood hazard reduction shall be as follows:
[1]
Anchoring.
[a]
All new construction and substantial
improvement shall be anchored to prevent flotation, collapse or lateral
movement of the structure.
[2]
Construction materials and methods.
[3]
Utilities.
[a]
All new and replacement water supply
systems shall be designed to minimize or eliminate infiltration of
floodwaters into the system.
[b]
All new and replacement sanitary
sewage systems shall be designed to minimize or eliminate infiltration
of floodwaters into the systems and discharge from the systems into
floodwaters.
[c]
On-site waste disposal systems
shall be located to avoid impairment to them or contamination from
them during flooding.
[4]
Subdivision proposals.
[a]
All subdivision proposals shall
be consistent with the need to minimize flood damage.
[b]
All subdivision proposals shall
have public utilities and facilities, such as sewer, gas, electrical
and water systems, located and constructed to minimize flood damage.
[c]
All subdivision proposals shall
have adequate drainage provided to reduce exposure to flood damage.
[d]
Base flood elevation data shall
be provided as a part of subdivision proposals and other proposed
developments which are larger than either 50 lots or five acres.
[5]
Residential construction. New construction or
substantial improvement of any residential building shall have the
lowest habitable floor elevated to at least one foot above base flood
elevation.
[6]
Nonresidential construction. New construction
or substantial improvement of any commercial, industrial or other
nonresidential building shall either have the lowest floor habitable
and elevated to the level of the base flood elevation; or, together
with attendant utility and sanitary facilities, shall be floodproofed
so that below the base flood level the structure is watertight with
walls substantially impermeable to the passage of water and with structural
components having the capability of resisting hydrostatic and hydrodynamic
loads and effects of buoyancy. A licensed engineer shall certify that
the standards of this subsection are satisfied.
[7]
Manufactured homes.
[a]
Manufactured homes shall be anchored
in accordance with this chapter.
[b]
For new manufactured home parks;
for expansions to existing manufactured home parks where the repair,
reconstruction or improvements of the streets, utilities and pads
equals or exceeds 50% of value of the streets, utilities and pads
before the repair, reconstruction or improvement has commenced; and
for manufactured homes not placed in a manufactured home park, the
following requirements shall be met:
[c]
Stands or lots shall be elevated
on compacted fill or pilings so that the lowest floor of the manufactured
home will be at or above the base flood level.
[d]
Adequate surface drainage and access
for a hauler shall be provided.
[e]
In the instance of elevation on
pilings, lots shall be large enough to permit steps; piling foundations
shall be placed in stable soil no more than 10 feet apart; and reinforcement
shall be provided for pilings more than six feet above the ground
level.
[f]
No manufactured home shall be placed
in a floodway, except in an existing manufactured home park.
[8]
Located within areas of special flood hazard
are areas designated as floodways. The following requirements apply
to all areas designated as floodways:
[a]
No encroachments, fill, new construction,
substantial improvements or other development shall be permitted in
a floodway unless certification by a licensed engineer is provided
demonstrating that encroachments, fill, construction, improvements
or development shall not result in any increase in flood levels during
the occurrence of the base flood discharge.
[b]
If Subsection E(5)(b)[1] is satisfied by certification by a licensed engineer, all new construction and substantial improvements shall comply with all applicable flood hazard reduction provisions of this chapter.
A.
Intent. This section of this chapter has been prepared
to provide the opportunity to increase the types of housing available
within the Town by allowing multiple-family developments comprised
of either garden apartments and/or townhouses. These forms of housing
can effectively serve the needs of single individuals, couples, the
elderly and small households. Although no areas are specifically identified
for development as an M-D Residential District on the Zoning Map,
sites may be rezoned to M-D, provided that the following standards
and regulations are maintained:
(1)
The proposed rezoning shall be consistent with the
goals and objectives of the Town Master Plan. The Town Board shall
determine that the physical character of the site proposed for rezoning
to M-D residential use is adequate to accommodate the proposed use.
(2)
The Town Board shall determine that the street system
serving the site is adequate to carry the anticipated traffic flows,
and that the proposal will not create a burden or nuisance for adjoining
property owners.
(4)
The Town Board shall determine that not more than
10% of the site proposed for such rezoning contains prime agricultural
soils as defined by the Town of Marilla.
B.
The minimum land area required for rezoning to M-D
Medium Density Residential District use shall be five acres.
C.
The maximum gross density shall not exceed eight units
per acre.
D.
Apartment buildings shall contain no more than 12
dwelling units.
E.
Townhouse buildings shall contain no more than six
dwelling units.
F.
Minimum habitable floor area requirements. Minimum
habitable floor area requirements shall be as follows:
(1)
Townhouse unit, two bedrooms or fewer: 850 square
feet.
(2)
Townhouse unit, three bedrooms or more: 1,000 square
feet.
(3)
Apartment unit, efficiency: 550 square feet.
(4)
Apartment unit, one-bedroom: 675 square feet.
(5)
Apartment unit, two-bedroom: 800 square feet.
(6)
Apartment unit, three-bedroom: 950 square feet.
H.
Setback and height requirements. Area, yard and height
requirements for each multiple-family dwelling shall be as follows:
(1)
Minimum setback: front and rear, 75 feet; side, 50
feet.
(2)
Minimum distance between buildings: 80 feet.
(3)
Direct line of sight visibility from one building
to another shall not be less than 125 feet.
(4)
Every building shall have a minimum setback of 25
feet from all interior roads, driveways and parking areas.
(5)
A strip of land at least six feet in width surrounding
each building shall be kept completely open, except for foundation
plantings of less than six feet in height.
(6)
Courtyards bounded on three sides by the wings of
a single building or by the walls of separate buildings shall have
a minimum court width of two feet for each one foot in height of the
tallest adjacent building.
(7)
Maximum height: 35 feet.
I.
No exterior wall shall exceed 100 feet in length unless
there is a lateral offset of at least eight feet in its alignment
not less frequently than along each 100 feet of length of such exterior
wall.
J.
All stairways to the second floor or higher shall
be located inside the building.
K.
Access to public road.
(1)
All multiple-family dwelling developments shall have
access to a public road. This access may be provided by a private
driveway or a road dedicated to the Town by the developer.
(2)
If there are more than 50 dwelling units in a multiple-family
development or if in the opinion of the Town Board the location or
topography of the site indicates the need for additional access, the
Town Board may require such additional access as a condition of site
plan approval.
L.
Requirements for off-street parking as provided in Article IX of the chapter shall be met, except that the location of open parking lots may be modified to conform to the approved site plan.
M.
The aggregate lot coverage of multiple-family dwelling
developments shall not exceed 30% of the total lot area.
N.
Services.
(1)
Each dwelling unit shall contain complete kitchen
facilities, toilet, bathing and sleeping facilities.
(2)
There shall be a minimum common storage area in each
building for bicycles, perambulator and similar type of equipment
of 40 square feet in area, a minimum of five feet in height and not
less than four feet in width per dwelling unit.
(3)
Sufficient laundry, drying, garbage pickup and other
utility areas shall be provided and shall be located with a view both
to convenience and to minimizing the detrimental effect on the aesthetic
character of the building(s) and shall be enclosed and shielded from
view by fencing, walls or shrubbery of at least six feet in height
around the perimeter. Fencing and walls shall be not more than 50%
open on the vertical surface.
O.
Recreation; open space; maintenance.
(1)
Multiple-family dwelling complexes shall be designed
to create usable private open space. A minimum of 10% of the total
tract area, exclusive of the required setback areas, buffer strip
and parking areas, shall be designated for common recreational purposes.
(2)
No recreational area shall be less than 10,000 square
feet in area nor less than 100 feet in width. Areas designated for
recreation purposes shall be approved by the Town Board.
(3)
Multiple-family dwelling complexes shall be attractively
shrubbed and properly maintained. Open space adjacent to, around or
between driveways, parking areas, structures or other required improvements
shall be graded and seeded to provide a thick stand of grass or other
plant material.
P.
Utilities.
(1)
All public utility, electric, gas, cable television
and telephone lines shall be installed underground.
(2)
An adequate supply of water shall be provided for
multiple-family dwellings. Where public water is available, connection
thereto shall be used exclusively. If a public water supply is not
available, the development of a private water supply system shall
be approved by the Erie County Department of Health.
(3)
An adequate and approved system shall be provided
in all multiple-family dwelling projects for the conveyance and disposal
of sewage. Such system must be designed, constructed and maintained
in accordance with the New York State Public Health Law and the Erie
County Department of Health. Approval by the Department of Health
shall be required before any permit or license may be issued.
