City of North Tonawanda, NY
Niagara County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Common Council of the City of North Tonawanda 12-21-1959. Amendments noted where applicable.]

§ 103-1 Title.

This ordinance shall be known and may be cited as the "City of North Tonawanda Zoning Ordinance."

§ 103-2 Purpose and scope.

A. 
There is hereby established a Comprehensive Zoning Plan for the City of North Tonawanda by dividing the territory thereof into certain districts and prescribing regulations for buildings, structures and the use of land therein. The regulations are made with reasonable consideration, among other things, of the character of each district, its peculiar suitability for particular uses and the direction of building development and with a view to conserving property values and encouraging the most appropriate use of land throughout the City.
B. 
The Comprehensive Zoning Plan, which is set forth in the text and map that constitute this ordinance, is adopted in order to promote the public health, safety and general welfare, to provide for adequate light, air and convenience of access, to prevent the overcrowding of land and to avoid undue concentration of population, to lessen congestion in the streets, to secure safety from fire, flood, panic and other dangers and to facilitate the adequate provision of transportation, water, sewerage, schools, parks and other public requirements.

§ 103-3 Districts and maps.

A. 
Districts. The City of North Tonawanda is hereby divided into the following zoning districts:
(1) 
R1-1, Single-Family Residence.
(2) 
R1-2, Single-Family Residence.
(3) 
R-2, General Residence.
(4) 
R-C, Residence — Restricted Business.
(5) 
C-1, Neighborhood Business.
(6) 
C-2, General Commercial.
(7) 
M-1, Light Manufacturing.
(8) 
M-2, General Industrial.
(9) 
M-3, Special Industrial.
[Added 3-16-1982]
B. 
District Map.
(1) 
The aforesaid districts are bounded as shown on a map entitled "City of North Tonawanda Zoning District Map," which accompanies and, with all explanatory matter thereon, is hereby made a part of this ordinance.[1]
[1]
Editor's Note: The Zoning Map is on file in the City Clerk's office and the office of the Building Inspector.
(2) 
As evidence of the authenticity of the Zoning District Map, said map and amendments thereto shall be duly certified by the City Clerk.
C. 
Interpretation of district boundaries. District boundary lines are intended to follow property lines, center lines of streets, highways, alleys or railroads, extensions of such property lines or center lines or other lines located on the map by appropriate reference.

§ 103-4 Application of regulations.

A. 
General application. Except as hereinafter provided, no building, structure or land shall hereafter be used or occupied and no building or structure or parts thereof shall be erected, relocated, extended, enlarged or altered unless in conformity with the permitted use, height and area regulations specified for the district in which it is located and with all other regulations of this ordinance.
B. 
Conflict with other regulations. In their interpretation and application, the provisions of this ordinance shall be held to be minimum requirements adopted for the promotion of the public health, safety, morals, comfort, convenience or general welfare. Whenever the requirements of this ordinance are at variance with the requirements of any other lawfully adopted rules, regulations or ordinances, the most restrictive or that imposing the higher standards shall govern.

§ 103-5 Classification of uses.

A. 
Use groups. For the purpose of classification of uses, use groups are hereby established and ranked in the following order. The more restricted use groups are indicated by the lower number.
(1) 
Use Group 1 — Uses first permitted in the R1-1 District.
(2) 
Use Group 2 — Uses first permitted in the R-2 District.
(3) 
Use Group 3 — Uses first permitted in the R-C District.
(4) 
Use Group 4 — Uses first permitted in the C-1 District.
(5) 
Use Group 5 — Uses first permitted in the C-2 District.
(6) 
Use Group 6 — Uses first permitted in the M-1 District.
(7) 
Use Group 7 — Uses first permitted in the M-2 District.
B. 
Interpretation: when uses are excluded from a use group.
(1) 
Listed uses. When a use is first included in any use group, such use shall be interpreted as being excluded from any use group with a lower number.
(2) 
Uses not listed. In the case of a use which is not listed in any zoning district, such use shall be interpreted as being excluded from all use groups until this ordinance has been amended, listing such use as a permitted use in the appropriate zoning district.

§ 103-6 R1-1 Single-Family Residence District.

A. 
Permitted uses.
(1) 
Single-family detached dwelling.
(2) 
Church or other places of worship or religious education with buildings and uses customarily incident thereto.
(3) 
Public schools and private, nonprofit schools accredited by the New York State Department of Education; instruction shall be limited to elementary and secondary school instruction.
(4) 
Public parks and playgrounds, golf courses and similar recreational uses not operated for profit.
(5) 
Agricultural operations on a single parcel of land five acres or more in extent and subject to the following restrictions:
(a) 
No greenhouse heating plant shall be closer than 100 feet to any adjoining lot line in a residential district.
(b) 
No odor- or dust-producing substance or use shall be permitted within 100 feet of any adjoining lot line in a residential district.
(c) 
No products shall be publicly displayed or offered for sale from the roadside.
(6) 
Cemetery and the necessary incidental structures on a continuous parcel of land of 20 acres or more.
(7) 
Any land or building needed for water supply, sewerage facilities (not including a sewage treatment plant) or fire protection.
(8) 
Private boathouses.
(9) 
Accessory uses.
(a) 
The office or studio of a resident doctor, dentist, chiropractor, architect, artist, musician, professional engineer, lawyer, accountant, electrologist and beautician, provided that:
[Amended 4-16-1974; 5-20-1980]
[1] 
Such use shall be located within the dwelling and is clearly incidental to the primary residential use.
[2] 
Not more than one additional person shall be employed on said premises and then only in the capacity of an assistant to the professional occupant.
[3] 
Such use shall not include the confinement of any person under care or treatment.
[4] 
Off-street parking requirements of § 103-14 are complied with.
(b) 
Building for private horticultural purposes, provided that any heating plant is at least 20 feet from the side and rear lines of the lot, and no solid fuel is used.
(c) 
Private, family swimming pool, provided that it is located in the rear of the front setback line and does not occupy any part of a required minimum side yard.
(d) 
Signs, in accordance with § 103-15.
(e) 
Private garages with a limit of 750 square feet in size and of similar construction style as the surrounding neighborhood.
[Amended 3-2-2005]
(10) 
Special permitted uses. The following uses may be permitted consistent with the provisions of §§ 103-18B(4) and 103-24 of these regulations:
[Added 3-21-1989]
(a) 
Townhouse clusters and developments.
B. 
Maximum height. Single-family dwellings 2 1/2 stories, not to exceed 30 feet.
C. 
Minimum lot size for dwellings.
(1) 
Area: 8,400 square feet.
(2) 
Width: 70 feet.
D. 
Required yards.
(1) 
Front yard depth: 35 feet.
(2) 
Side yard width:
(a) 
Dwellings. Minimum, five feet; the total of both side yards shall be not less than 15 feet.
(b) 
Other principal buildings. Each side yard shall equal the height of the building.
(3) 
Rear yard depth. Twenty-five percent of the lot depth, but need not exceed 40 feet or a depth equal to the height of the principal building, whichever is greater.
E. 
Supplemental regulations and exceptions. See § 103-15.
F. 
Minimum area of dwellings.
[Added 6-18-1962]
(1) 
One-story, 900 square feet.
(2) 
One-and-one-half- or two-story, 800 square feet main floor.

§ 103-7 R1-2 Single-Family District.

A. 
Permitted uses. Same as R1-1 District.
B. 
Maximum height.
(1) 
Single-family dwellings, 2 1/2 stories, not to exceed 30 feet.
C. 
Minimum lot size for dwellings.
(1) 
Area: 7,200 square feet.
(2) 
Width: 60 feet.
D. 
Required yards.
(1) 
Front yard depth: 25 feet.
(2) 
Side yard width:
(a) 
Dwellings. Minimum, five feet; the total of both side yards shall be not less than 13 feet.
(b) 
Other principal buildings, same as R1-1 District.
(3) 
Rear yard depth, same as R1-1 District.
E. 
Supplemental regulations and exceptions. See § 103-15.
F. 
Minimum area of dwellings.
[Added 6-18-1962]
(1) 
One-story, 800 square feet.
(2) 
One-and-one-half- or two-story, 720 square feet main floor.

§ 103-8 R-2 General Residence District.

A. 
Permitted uses.
(1) 
All uses, except agricultural operations, permitted in the R1-1 District.
(2) 
Dwelling for two or more families.
(3) 
Dwelling group consisting of two or more dwellings on the same lot.
(4) 
Private club, not operated for profit, catering exclusively to members and their guests and subject to off-street parking requirements set forth in § 103-14.
(5) 
Hospital for the treatment of human ailments; provided, however, that such buildings shall not be located on sites of less than five acres.
(6) 
Nursery school.
(7) 
Accessory uses.
(a) 
Accommodations for not more than three roomers, lodgers or transient guests within a dwelling.
(b) 
Customary home occupations as defined in § 103-20.
(c) 
Bed-and-breakfast homes as defined in § 17A-2.
[Added 6-4-2003]
(8) 
Special permitted uses. The following uses may be permitted consistent with the provisions of §§ 103-18B(4) and 103-24 of these regulations:
[Added 3-21-1989]
(a) 
Townhouse clusters and developments.
B. 
Maximum height.
(1) 
Single-family dwelling, 2 1/2 stories, not to exceed 30 feet.
(2) 
Other dwellings and private clubs, three stories, not to exceed 35 feet.
C. 
Minimum lot size for dwellings.
(1) 
Area.
(a) 
Single-family dwelling, 5,000 square feet.
(b) 
Other dwellings, 3,000 square feet per dwelling unit.
(2) 
Width.
(a) 
Single-family dwelling, 50 feet.
(b) 
Dwelling for two or more families, 60 feet.
D. 
Required yards.
(1) 
Front yard depth, 25 feet.
(2) 
Side yard width, same as R1-2 District.
(3) 
Rear yard depth: 25% of the lot depth, but need not exceed 30 feet or a depth equal to the height of the principal building, whichever is greater.
E. 
Supplemental regulations and exceptions. See § 103-15.
F. 
Minimum area of dwellings.
[Added 6-18-1962]
(1) 
One-family dwelling, 800 square feet main floor.
(2) 
Two or more units, 500 square feet per unit.

§ 103-9 R-C Residence – Business District.

A. 
Permitted uses.
(1) 
All uses permitted in the R-2 District.
(2) 
Courtroom, office for any governmental agency, police station.
(3) 
Bank, telephone exchange, public utility office, business and professional offices.
(4) 
Dental clinics and laboratories.
(5) 
The following uses, provided they are not used primarily for contagious diseases, mental patients, epileptics, drug or liquor addicts or for penal or correctional purposes:
(a) 
Medical building, clinic or laboratory.
(b) 
Nursing or convalescent home.
(c) 
Nonprofit institutions for charitable, religious, cultural or community social purposes.
(6) 
Mortuary.
(7) 
Club, lodge or fraternal organization not operated for profit.
(8) 
Dance, art, music or photo studio.
(9) 
Residential hotel. (Sec definitions.)
(10) 
Accessory uses:
(a) 
Dining room in club, medical building or residential hotel, but only when conducted and entered from within the building, provided that no exterior display or advertising shall be permitted.
(b) 
Accessory uses and structures, provided that no exterior signs shall be allowed unless it:
[1] 
Pertains only to permitted uses on the premises;
[2] 
Does not exceed one square foot per linear foot of building frontage;
[Amended 4-21-2004]
[3] 
Is attached flat against the wall;
[4] 
Does not project above the roof line;
[5] 
Does not face the side of any adjoining lot or is across the street from any lot situated in any R-1 or R-2 District;
[Amended 4-21-2004; 5-5-2009]
[6] 
Light-emitting diode (LED) and liquid crystal display (LCD) signs shall be permitted. Such signs shall be permitted with flashing or intermittent illumination, to include continuous movement, provided that they are operated no earlier than 8:00 a.m. and no later than 11:00 p.m.
[Amended 4-21-2004; 5-5-2009]
[7] 
Does not exceed the length of the longest side of the frontage where a building fronts on more than one street;
[Added 4-21-2004]
[8] 
Does not project beyond the ends of the building; and
[Added 4-21-2004]
[9] 
Does not cover any required windows and/or doors.
[Added 4-21-2004]
(c) 
Bed-and-breakfast inns as defined in § 17A-2.
[Added 6-4-2003]
(d) 
Wall signs shall be permitted for each separate business or tenant occupying a building subject to the regulations of this chapter.
[Added 4-21-2004]
(11) 
Exterior temporary signs.
[Added 4-21-2004]
(a) 
Shall be limited to 16 square feet per face;
(b) 
Shall be allowed only after obtaining a special permit issued by the Building Inspector;
(c) 
Use shall be limited to 30 days in any calendar year.
(12) 
Exterior pole signs.
[Added 4-21-2004]
(a) 
Shall be supported wholly by a pole or poles;
(b) 
Shall not exceed 25 feet in height from grade to the highest point of the sign;
(c) 
The lowest portion of the sign [excluding the pole(s)] shall not be less than eight feet from finish grade;
(d) 
The maximum sign face shall be determined by § 103-9A(10) of this chapter.
B. 
Maximum height.
(1) 
Single-family and two-family dwellings, same as in R-2 District.
(2) 
Other buildings, as regulated by yard requirements.
C. 
Minimum lot size for dwellings.
[Amended 6-3-1980]
(1) 
Area: 3,000 square feet per dwelling unit, but in no case shall any lot be less than 6,000 square feet.
(2) 
Width: 60 feet.
(3) 
Parking: Two parking spaces must be provided for each dwelling unit for multiple dwellings.
D. 
Required yards.
(1) 
Front yard depth: 25 feet.
(2) 
Side yard width.
(a) 
Dwellings up to 35 feet in height: The minimum width of any side yard shall be five feet, and the total width of both side yards shall be not less than 13 feet.
(b) 
Dwellings over 35 feet in height and other principal buildings: Each side yard shall equal 1/2 the building height.
(3) 
Rear yard depth: 25% of lot depth but need not exceed 30 feet or a depth equal to the height of the principal building, whichever is greater.
E. 
Supplemental regulations and exceptions. See § 103-15.
F. 
Minimum area of dwellings: same as the R-2 District.
[Added 6-18-1962]
G. 
Signs.
[Added 4-21-2004]
(1) 
If at any time the Code Enforcement Officer determines a sign is in disrepair, the owner/tenant of the property shall repair or remove said sign within 15 days of notice to the owner/tenant by the Code Enforcement Officer. Failure to do so shall result in removal by the Building Department. The cost of this removal, plus $50 for inspection of the premises, shall be charged to the owner of the property. The City Assessor shall assess this amount upon the real property. Said total amount shall constitute a lien and charge on the real property on which it is levied until paid or otherwise satisfied or discharged. The amount shall be collected by the City Treasurer in the manner provided by law for the collection of taxes or delinquent taxes.
(2) 
If at any time the Code Enforcement Officer determines a sign does not conform with an issued sign permit, the owner/tenant of the property shall comply with the permit within 15 days of notice to the owner/tenant by the Code Enforcement Officer. Failure to do so shall result in removal by the Building Department. The cost of this removal, plus $50 for inspection of the premises, shall be charged to the owner of the property. The City Assessor shall assess this amount upon the real property. Said total amount shall constitute a lien and charge on the real property on which it is levied until paid or otherwise satisfied or discharged. The amount shall be collected by the City Treasurer in the manner provided by law for the collection of taxes or delinquent taxes.
H. 
Abandoned signs.
[Added 4-21-2004]
(1) 
Any sign located on property unoccupied for a period of 60 days or more shall be deemed abandoned.
(2) 
Failure to remove an abandoned sign shall result in removal by the Building Department. The cost of this removal, plus $50 for inspection of the premises, shall be charged to the owner of the property. The City Assessor shall assess this amount upon the real property. Said total amount shall constitute a lien and charge on the real property on which it is levied until paid or otherwise satisfied or discharged. The amount shall be collected by the City Treasurer in the manner provided by law for the collection of taxes or delinquent taxes.

§ 103-10 C-1 Neighborhood Business District.

A. 
Permitted uses: Permitted uses in the C-1 Neighborhood Business District shall be as follows:
(1) 
Any use permitted in the R-C District.
(2) 
Retail stores and personal service establishments, except those listed in the C-2 District, provided that:
(a) 
There is no manufacturing, compounding, processing, treatment or repair of products other than that which is clearly incidental to the conduct of a retail business and where such products are sold primarily at retail on the premises.
(b) 
No use shall be conducted in an open-front store.
(c) 
There shall be no outdoor display of food or merchandise.
(3) 
Establishments for eating and drinking, but not including diners, provided that:
(a) 
The sale of alcoholic beverages for consumption on the premises shall not be allowed on any lot which is across the street from any R District or whose side lot line is adjacent to any lot line in any R District.
(b) 
No such use shall include dancing or entertainment other than radio, television or recorded music.
(c) 
No food or drink shall be dispensed to customers outside the building or by curb service.
(4) 
Subject to §§ 103-14B and 103-15A and subject to the approval by resolution of the Common Council, gasoline service stations, provided that there shall be no use of the lot other than lawn, fence or shrubbery within 15 feet of a side lot line which abuts any R District.
[Amended 3-20-1961]
(5) 
Accessory uses and structures, provided that no exterior sign shall be allowed except as regulated in the R-C District.
(6) 
Country inns as defined in § 17A-2.
[Added 6-4-2003]
B. 
Maximum height.
(1) 
For uses permitted in the R-C District: as regulated in the R-C District.
(2) 
For other principal buildings: 2 1/2 stories, not to exceed 30 feet.
C. 
Minimum lot size for dwellings: as regulated in the R-C District.
D. 
Required yards.
(1) 
Dwellings: front, side and rear yards shall be required as regulated in the R-C District.
(2) 
Other principal buildings.
(a) 
Front yard depth: the average of the existing buildings within 200 feet in both directions. If the foregoing does not apply, the front yard depth shall be 25 feet.
(b) 
Side yard width: not required, except where a side lot line abuts any R District. In such case, the side yard width shall equal that required in the R District. Where a side yard is provided, it shall be at least four feet wide.
(c) 
Rear yard depth: 25% of the lot depth, but need not exceed 30 feet or a depth equal to the height of the principal building, whichever is greater.
E. 
Supplemental regulations and exceptions: See § 103-15.
F. 
Minimum area of dwellings: same as the R-2 District.
[Added 6-18-1962]

§ 103-11 C-2 General Commercial.

A. 
Permitted uses.
(1) 
Any use permitted in the C-1 District.
[Amended 3-2-2005; 4-21-2004]
(2) 
The following uses when conducted entirely within a completely enclosed building:
(a) 
Eating or drinking places with entertainment, provided that no food or drink is dispensed to the customers outside of the building or by curb service.
(b) 
New car sales and accessory repair departments.
(c) 
Wholesale sales and wholesale distributors.
(d) 
Amusement enterprises, amusement centers, as defined in § 12-1 of the North Tonawanda City Code, theaters, billiard or pool halls, bowling alleys, skating rinks, or dance halls.
[Amended 1-19-1982]
(e) 
Public garages, auto laundries and auto repair and painting.
(f) 
Laundries, linen or diaper supply service and carpet and rug cleaning.
(g) 
Household and office machinery and equipment repair.
(h) 
Printing and newspaper publishing.
(i) 
Custom shops for carpentry, cabinetmaking, sign painting, sheet metal work and welding and for electrical, glazing, painting, heating, plumbing, roofing and ventilating contractors.
(j) 
Boat sales, rental, service and storage.
(k) 
Warehouses for clothing, drugs, dry goods, packaged food, furniture, hardware and shop supplies.
(l) 
Bottling of nonalcoholic beverages from previously prepared ingredients.
(m) 
Small animal hospitals; kennels.
(n) 
Poultry and rabbit killing for retail sales on the premises.
(o) 
Creamery or milk-bottling plant.
(3) 
The following uses, provided they are conducted within a completely enclosed building or enclosed on all sides by a solid wall or fence at least six feet high:
(a) 
Storage and sale of solid fuel, ice and feed for livestock.
(b) 
Building materials supply and incidental mill-work.
(c) 
Machine and tool sales, rental and service.
(d) 
Contractors' equipment and materials storage.
(e) 
Public utility storage and service buildings and yards.
(4) 
Hotel or motel.
(5) 
Passenger terminal.
(6) 
Commercial greenhouse.
(7) 
Commercial billboard, provided that such sign shall not be located nearer than 10 feet to any lot line, 50 feet to a lot line in any R District and 30 feet to any street intersection or railroad crossing.
(8) 
Terminals for local trucking and delivery service (but not including any tractor, trailer or tractor-trailer combination or automobile conveyor), provided that all vehicle loading, unloading and parking is on the premises.
(9) 
Subject to § 103-14, used-car sales.
(10) 
Dry-cleaning plant, provided that all solvents used in the process and the vapors therefrom shall be nonexplosive and noninflammable and the entire cleaning and drying process shall be carried on within completely enclosed solvent-reclaiming units.
(11) 
The following uses, after approval by the Board of Appeals:
[Amended 2-17-1964]
(a) 
Golf-driving range.
(b) 
Drive-in theater.
(c) 
Trailer park.
(d) 
Refreshment stand.
(e) 
Sale of camp trailers.
B. 
Maximum height. Dwellings, as regulated in the R-C District.
C. 
Minimum lot size. Dwellings, as regulated in the R-C District.
D. 
Required yards.
(1) 
Dwellings. Front, side and rear yards shall be required as regulated in the R-C District.
(2) 
Other principal buildings:
(a) 
Front yard depth. Average of the existing buildings within 200 feet in both directions. If the above does not apply, then the front yard depth shall be 40 feet.
(b) 
Side yards, as regulated in C-1 District.
(c) 
Rear yard depth; minimum 10 feet, except where it abuts any R District the rear yard shall be equal to 1/2 the building height.
E. 
Supplemental regulations and exceptions. See § 103-15.
F. 
Minimum area of dwellings, same as R-2 District.
[Added 6-18-1962]
G. 
The maximum face area for all signs appearing on a property shall not exceed two square feet per linear foot of building frontage.
[Added 4-21-2004]

§ 103-12 M-1 Light Manufacturing District.

A. 
Permitted uses.
(1) 
Any use, except dwellings, permitted in the C-2 District, but without the requirement of being enclosed in a building or by a wall or fence.
(2) 
Laboratory engaged in research, testing and experimental work, including any process normal to laboratory practice and technique.
(3) 
The manufacture, compounding, assembling and/or treatment of articles or merchandise from previously prepared materials, consisting of fiber, glass, fur, leather, paper, plastics, wax, wood and wire, provided that no chemical process is involved in the basic manufacture of such materials.
(4) 
The manufacture and or assembly of electronic devices, electrical appliances and the application or manufacture of atomic devices, provided all necessary and approved safeguards are employed to prevent hazard or annoyance to the community.
(5) 
The manufacture and/or assembly of musical instruments, business machines, amusement devices, novelties, toys, custom-built boats and grinding wheels.
(6) 
The manufacture, compounding, processing and storage of candy and confections, frozen foods, cosmetics, pharmaceutical products, toiletries and food products.
(7) 
Tool-, die-, and pattern-making and machine shops, provided that any obnoxious or annoying noises and/or vibrations are confined within the premises.
(8) 
Manufacture of precision tools.
(9) 
Truck terminals; freight yards and freight stations; wharfs and docks.
(10) 
Concrete products manufacture.
(11) 
Wood and lumber, bulk processing and woodworking, including planing mills, excelsior, sawdust and wood-preserving treatment.
(12) 
Treatment and processing of metal and metal products; finishing, plating, grinding, sharpening, cleaning, rustproofing and heat treatment.
(13) 
Manufacturing of paper and paper products not involving the reduction and processing of wood pulp and fiber.
(14) 
Textile manufacturing.
(15) 
Storage, sorting or baling of waste paper and rags, provided all activities are conducted within a building.
(16) 
Coal yards; storage of fuel oil for heating purposes.
(17) 
Electric central station power and steam-generating plant.
(18) 
Incinerator; sewage-treatment plant.
(19) 
Quarters for a caretaker or watchman as an accessory use.
(20) 
Outdoor storage of motor vehicles, recreational vehicles, boats and boat trailers, subject to the following conditions:
[Added 1-18-2006]
(a) 
Special use permit approval pursuant to the provisions of § 103-18B(4) of this chapter;
(b) 
Annual license fee of $100 and inspection by Code Enforcement Department;
(c) 
License is subject to calculations for total number of vehicles to be stored and based upon paved area with a per-vehicle limits of 200 square feet;
(d) 
Storage area must be paved and properly drained to prevent site contamination;
(e) 
Vehicle dismantling, bodywork, engine ,work or repairs shall be prohibited on site;
(f) 
Damaged and partially dismantled vehicles must be drained of all fluids; and
(g) 
Vehicle and vehicle parts sales shall be prohibited.
B. 
Maximum height. No requirement.
C. 
Minimum lot size. No requirement.
D. 
Required yards.
(1) 
Front yard depth, 25 feet when opposite any R District the front yard depth shall not be less than 50 feet.
(2) 
Side yard width:
(a) 
Minimum side yard, 10 feet.
(b) 
When adjacent to any R District, a side yard shall not be less than 50 feet, including a twenty-foot strip adjoining such R District which shall be maintained as a landscaped buffer area.
(3) 
Rear yard depth:
(a) 
Minimum, 25 feet.
(b) 
When adjacent to any R District, a rear yard shall not be less than 50 feet, including a twenty-foot strip adjoining such R District which shall be maintained as a landscaped buffer area.
E. 
Limitations on uses in Use Group 6.
(1) 
Any use of land, building or structure that may be hazardous, noxious or injurious by reason of the production or emission of dust, smoke, refuse matter, odors, gas, fumes, noise, vibration or similar circumstances or conditions is prohibited.
(2) 
No unneutralized refuse material shall be discharged into sewers, streams or ditches.
(3) 
Storage of inflammable liquids. The storage of inflammable liquids shall be entirely underground, in storage tanks approved by the National Board of Fire Underwriters and having pipe layout satisfactory to the Building Inspector. Safety containers shall be used within any building or structure in which inflammable liquids are handled or stored.
(4) 
Fencing. All side and rear lot lines adjacent to any R District shall be properly fenced or screened by plantings. No fence other than that constructed of wire and commonly known as a "cyclone" fence shall be permitted, and all such fences shall not be more than 10 feet in height nor project into any required front yard.
(5) 
Use of required yards. Required yards shall be used only for off-street parking of employees' and visitors' cars.
F. 
Supplemental regulations and exceptions. See § 103-15.
G. 
Minimum area of dwellings, same as R-2 District.
[Added 6-18-1962]

§ 103-13 M-2 General Industrial District.

A. 
Permitted uses.
(1) 
Any use permitted in the M-1 District.
(2) 
Auto wrecking and dismantling, junkyards and scrap metal yards.
(3) 
Metal and metal ores; reduction, refining, smelting and alloying.
(4) 
Manufacture of heavy machinery.
(5) 
Metal-casting and foundry products.
(6) 
Wood pulp and fiber reduction and processing, including paper-mill operation.
(7) 
Manufacture of plastics.
(8) 
Concrete mixing plant; processing or treatment of bituminous products.
(9) 
Dumps and slag piles.
(10) 
Storage of petroleum and petroleum products.
B. 
Maximum height. No restriction.
C. 
Minimum lot size. No restriction.
D. 
Required yards.
(1) 
Front yard depth: 25 feet, except that, when opposite any R District, the front yard depth shall not be less than 75 feet.
(2) 
Side yard width:
(a) 
Minimum side yard, 10 feet.
(b) 
When adjacent to any R District, a side yard shall not be less than 100 feet, including a twenty-foot strip adjoining such R District which shall be maintained as a landscaped buffer area.
(3) 
Rear yard depth:
(a) 
Minimum 25 feet.
(b) 
When adjacent to any R District, a rear yard shall not be less than 100 feet, including a twenty-foot strip adjoining such R District which shall be maintained as a landscaped buffer area.
E. 
Limitations on uses in Use Groups 6 and 7.
(1) 
No unneutralized material shall be discharged into sewers, streams or ditches.
(2) 
Fencing, same as M-1 District.
(3) 
Use of required yards, same as M-1 District.
F. 
Supplemental regulations and exceptions. See § 103-15.
G. 
Minimum area of dwellings, same as R-2 District.
[Added 6-18-1962]

§ 103-13.1 M-3 Special Industrial District.

[Added 3-16-82]
A. 
Permitted uses.
(1) 
Any use permitted in the M-2 District.
(2) 
Any adult use, as specified and defined in the Adult Use Ordinance as indicated in Chapter 9A of the City Code of the City of North Tonawanda, New York.

§ 103-13.2 WD Waterfront District.

[Added 2-12-88]
A. 
Purpose.
(1) 
The Niagara River shoreline has always played an important role in shaping the image of the city and its economic base. This goes back to the late 19th century when lumber milling was a dominant activity along the waterfront, establishing the city as the lumber capital of the world at the turn of the century. More recently, recreational pursuits such as boating and fishing have become increasingly important elements in the city's initiatives to stimulate economic growth.
(2) 
The combination of older and often underutilized industrial sites intermixed with newer uses catering largely to water-based recreation has created the need to guide future developments along the riverfront. In order to balance the demands placed on the waterfront by competing uses and to improve both the physical and visual environment along the Niagara River, a Waterfront District governed by special controls and development regulations has been established.
(3) 
The Waterfront District permits a variety of uses which are either enhanced by or dependent upon a shoreline location. In addition, site plan review procedures have been designed to ensure that the specific details of waterfront development are thoroughly considered, that the environmental quality of the area is preserved and that development is consistent with the city's Local Waterfront Revitalization Program (LWRP).
B. 
Permitted uses for properties that have frontage on a water body shall be as follows:
(1) 
Marina, yacht club, boat launch and boat docking facilities.
(2) 
Parkland, trail facilities, fishing docks and piers.
(3) 
Boatyards, including boat sales, rentals and storage, marine supplies and equipment, boat service and repair facilities.
(4) 
Commercial excursion and fishing charter facilities.
(5) 
Commercial docks and pipelines for the transfer of goods from the Niagara River to land and/or from land to the Niagara River.
(6) 
Water-dependent industry.
C. 
Permitted uses for properties that do not have frontage on a waterbody shall be as follows:
(1) 
The uses listed in Subsection B.
(2) 
Restaurants.
(3) 
Business and professional offices.
(4) 
Hotels and motels, including conference and resort facilities.
(5) 
Light industry.
(6) 
Retail and personal service commercial uses as specified in § 103-10, C-1 Neighborhood Business District, Subsection A(2).
(7) 
Dwelling groups consisting of four or more dwellings on the same lot and having a minimum lot size per group of 1.5 acres.
(8) 
Townhouse developments.
D. 
Special permitted uses for properties that have frontage on a waterbody shall be as follows:
(1) 
Those uses listed in Subsection C, provided that the general criteria for a special use permit [§ 103-18B(3)] are met and, further, that compliance with the requirements specified below in either Subsection D(2) or (3) is provided.
(2) 
Uses listed in Subsection C shall be established in conjunction with one or more of the permitted uses listed in Subsection B. When the use listed in Subsection B does not occupy the entire shoreline, the site plan review and approval provisions set forth in Subsection H below shall be used to ensure that buildings and structures are placed on the site in a manner that would maximize the amount of open space along the shoreline.
(3) 
Uses listed in Subsection C shall include a public pedestrian walkway with public access along the entire frontage on the Niagara River. Plans for the walkway shall be approved by the Planning Commission as part of the site plan review and approval provisions (Subsection H below) and shall be available for public use under a mutually acceptable arrangement between the city and the property owner.
E. 
Special permitted uses for properties that do not have frontage on a water body shall be as follows. The general criteria for special permits [§ 103-18B(3)] shall also be applicable.
(1) 
Refreshment stands not included as an accessory use (refer to Subsection F).
(2) 
(Reserved)[1]
[1]
Editor's Note: Former Subsection E(2), adult uses, was repealed 4-19-1988.
F. 
Accessory uses. Within the Waterfront District the following uses, buildings and structures shall be allowed as accessories to permitted uses when located on the same lot or land with such use:
(1) 
Private garages or parking spaces.
(2) 
Private boathouses, docks and related uses and structures.
(3) 
Other support facilities necessary for the successful operation of permitted uses, including but not limited to storage facilities for equipment or supplies, bait and tackle shops and snack bars.
(4) 
Exterior signs subject to the following standards:
(a) 
Sign information shall pertain only to the existing permitted use on the premises.
(b) 
One sign advertising the sale or rental of property not to exceed 24 square feet in face area. Said advertising sign shall be located on the property advertised for sale or rent and shall be removed within 10 days following the sale or occupancy of the rental property. The advertising sign may be affixed to a building or freestanding.
(c) 
No sign shall be equipped or displayed with any moving parts, nor shall any sign contain any moving, flashing or intermittent illumination.
(d) 
No sign shall project above the roofline.
(e) 
The total square footage of all signs on any premises shall not exceed 1.5 square feet per linear foot of building facade on the street which provides the principal access for the use.
(f) 
All signs shall be legible and graphically simple. No more than three colors shall be used.
G. 
Area and bulk requirements shall be as follows:
(1) 
Maximum height: 35 feet.
(2) 
Minimum lot size; one acre for nonresidential uses and 1.5 acres for permitted residential dwelling groups and townhouse developments. Residential dwelling groups and townhouse developments shall contain not less than 3,000 square feet of lot area per dwelling unit.
(3) 
Required yards: to be determined as part of site plan review.
(4) 
Minimum area of dwellings: same as R-2.
(5) 
Setbacks.
(a) 
Building line setback from the west right-of-way line of River Road shall not be less than 25 feet. The entire setback area shall be suitably landscaped.
(b) 
Building line setback from other public rights-of-way: to be determined as part of site plan review. All setback areas shall be suitably landscaped.
(c) 
Building line setback from the Niagara River and Little River shall not be less than 25 feet.
(6) 
Maximum lot coverage by buildings and accessory uses: 40%.
(7) 
Minimum landscaped area: 15% of total lot.
H. 
Site plan review and approval provisions.
(1) 
Applicability.
(a) 
A site plan approved by the Planning Commission shall be required prior to the issuance of a building permit and/or certificate of zoning compliance for proposed actions which meet one or more of the thresholds defined in Subsection H(1)(b). The Building Inspector shall notify an applicant for a building permit or certificate of zoning compliance where site plan approval is required.
(b) 
The thresholds which determine the need for site plan approval are as follows:
[1] 
An addition to a legally existing use which requires 10 or more new parking spaces or loading docks or any combination thereof which totals 10 spaces or docks.
[2] 
Alterations or additions to a legally existing structure which would increase the gross floor area by 15% or more, and having a construction cost of more than $5,000.
[3] 
An addition to legally existing land uses (i.e., nonstructural, such as parkland) which would increase the developed land area by 15% or more.
[4] 
Any new permitted or special permitted use.
(2) 
Sketch plan. A sketch plan conference may be held between the Planning Commission and the applicant prior to the preparation and submission of a formal site plan. The objectives of such a conference are to enable the applicant to inform the Planning Commission of the proposal prior to the preparation of a detailed site plan, to enable for the Planning Commission to review the basic site design concept and to advise the applicant as to potential problems and concerns and to generally determine the information to be required on the site plan. In order to accomplish these objectives, the applicant should provide the following:
(a) 
A statement and rough sketch showing the locations and dimensions of principal and acessory structures, parking areas, access signs (with descriptions), existing and proposed vegetation and other planned features, anticipated changes in the existing topography and natural features and, where applicable, measures and features to comply with flood hazard and flood insurance regulations.
(b) 
A sketch or map of the area which clearly shows the location of the site with respect to nearby street rights-of-way, properties, easements, the Niagara River and/or other watercourses and other pertinent features.
(c) 
A topographic or contour map of adequate scale and detail to show site topography.
(3) 
Application for site plan approval. An application for site plan approval shall be made in writing to the Chairman of the Planning Commission and shall be accompanied by supporting information and documentation. If a sketch plan conference was held, the supporting information shall include the elements identified by the Planning Commission at said sketch plan conference. If a sketch plan conference was not held, the applicant shall submit the following information:
(a) 
The title of the drawing, including the name and address of the applicant and the person responsible for preparation of such drawings.
(b) 
The North arrow, scale and date.
(c) 
The boundaries of the property plotted to scale.
(d) 
The existing watercourses.
(e) 
A grading and drainage plan, showing existing and proposed contours.
(f) 
The location, design, type of construction, proposed use and exterior dimensions of all buildings.
(g) 
The location, design and type of construction of all parking and truck-loading areas, showing ingress and egress.
(h) 
A provision for pedestrian access.
(i) 
The location of outdoor storage, if any.
(j) 
The location, design and construction materials of all existing or proposed site improvements, including drains, culverts, retaining walls and fences.
(k) 
A description of the method of public water supply and sewage disposal and the location, design and construction materials of such facilities.
(l) 
The location of fire and other emergency zones, including the location of fire hydrants.
(m) 
The location, design and construction materials of all energy distribution facilities, including electrical, gas and solar energy.
(n) 
The location, size and design and type of construction of all proposed signs.
(o) 
The location and proposed development of all buffer areas, including existing vegetative cover.
(p) 
The location and design of outdoor lighting facilities.
(q) 
Identification of the location and amount of building areas proposed for retail sales or similar commercial activity.
(r) 
A general landscaping plan and planting schedule.
(s) 
An estimated project construction schedule.
(t) 
Identification of any state or county permits required for the execution of the project.
(u) 
A record of application for and approval status of all necessary permits from state and county agencies.
(v) 
Other elements integral to the proposed development as considered necessary by the Planning Commission.
(w) 
A written statement which describes how the project is consistent with the City of North Tonawanda's adopted LWRP.
(4) 
Review of site plan. The Planning Commission's review of the site plan shall include but not be limited to the following general considerations:
(a) 
The location, arrangement, size, design and general site compatibility of buildings, lighting and signs.
(b) 
The adequacy and arrangement of vehicular traffic, access and circulation, including intersections, road widths, pavement surfaces, dividers and traffic controls.
(c) 
The location, arrangement, appearance and sufficiency of off-street parking and loading.
(d) 
The adequacy and arrangement of pedestrian traffic access and circulation, walkway structures, control of intersections with vehicular traffic and overall pedestrian convenience.
(e) 
The adequacy of stormwater and drainage facilities.
(f) 
The adequacy of water supply and sewage disposal facilities.
(g) 
The adequacy, type and arrangement of trees, shrubs and other landscaping constituting a visual and/or noise buffer between the development parcel and adjoining lands, including the maximum retention of existing vegetation.
(h) 
The adequacy of fire lanes and other emergency zones and the provision of fire hydrants.
(i) 
Special attention to the adequacy and impact of structures, roadways and landscaping in areas with susceptibility to ponding, flooding and/or erosion.
(j) 
The use of proper and adequate screening devices between parking and service areas as such are viewed from River Road.
(k) 
Consistency between the site plan and the city's adopted LWRP.
(l) 
The quality and adequacy of views from River Road through the development to the shoreline.
(m) 
The extent that proposed uses are water-dependent or enhanced.
(n) 
The attractiveness of the proposed use or structure(s) as viewed from the Niagara River, Little River or Barge Canal.
(o) 
The adequacy of the design and function of water-front improvements such as bulkheads, docking facilities, launch ramps and seawalls.
(p) 
The ability of the use to provide public access to the water's edge.
(5) 
Planning Commission action on site plan. Within 45 days of the receipt of a completed application for site plan approval, the Planning Commission shall render a decision, file said decision with the City Clerk and mail such decision to the applicant, with a copy to the Building Inspector. The time within which a decision shall be rendered may be extended by mutual consent of the applicant and Planning Commission.
(a) 
Upon approval of the site plan, the Planning Commission shall endorse its approval on a copy of the final site plan and shall forward a copy to the applicant and Building Inspector and file the same with the City Clerk.
(b) 
Upon disapproval of a site plan, the Planning Commission shall so inform the Building Inspector. The Building Inspector shall deny a building permit or certificate of zoning compliance to the applicant. The Planning Commission shall also notify the applicant, in writing, of its decision and its reasons for disapproval. Such disapproval shall be filed with the City Clerk.
(6) 
Performance guaranty. No certificate of zoning compliance shall be issued until all improvements shown on the site plan are installed or a sufficient performance guaranty has been posted for improvements not yet completed. The sufficiency of such performance guaranty shall be determined by the Common Council after consultation with the Planning Commission, Building Inspector, City Attorney and other appropriate parties.
(7) 
Inspection of improvements. The Building Inspector shall be responsible for the overall inspection of site improvements, including coordination with the Planning Commission and other officials and agencies, as appropriate.
(8) 
Integration of procedures. Whenever the particular circumstances of the proposed development require compliance with either the special permit procedure in this ordinance or other requirements of the city, the Planning Commission shall attempt to integrate, as appropriate, site plan review as required by this section with the procedural and submission requirements for such other compliance.
I. 
Supplemental regulations and exceptions. See § 103-15.

§ 103-13.3 WD-1 Waterfront District.

[Added 4-19-88]
A. 
Permitted uses for properties that have frontage on a water body.
(1) 
Includes all uses, restrictions and regulations as set forth in the WD Waterfront District.
B. 
Permitted uses for properties that do not have frontage on a water body.
(1) 
Includes all uses, restrictions and regulations as set forth in the WD Waterfront District.
C. 
Special permitted uses for properties that have frontage on a water body.
(1) 
Includes all uses, restrictions and regulations as set forth in the WD Waterfront District.
D. 
Special permitted uses for properties that do not have frontage on a water body.
(1) 
Refreshment stands not included as an accessory use. Refer to § 103-13.2F.
(2) 
Adult uses, as specified and defined in the Adult Use Ordinance, as indicated in Chapter 9A of the City Code of the City of North Tonawanda, New York.
(3) 
The general criteria for special permits § 103-18B(3) shall also be applicable.
E. 
Accessory uses.
(1) 
Includes all uses, restrictions and regulations as set forth in the WD Waterfront District.
F. 
Area and bulk requirements.
(1) 
Includes all procedures and regulations as set forth in the WD Waterfront District.
G. 
Site plan and approval provisions.
(1) 
Includes all procedures and regulations as set forth in the WD Waterfront District.

§ 103-14 Off-street parking.

A. 
Required spaces. On and after the effective date of this ordinance, off-street parking spaces shall be provided at the time of erection or enlargement of any principal building as hereinafter specified.
(1) 
Residential buildings.
(a)
Dwellings.
One space for each dwelling unit.
(b)
Office of doctor or dentist in a residence.
Five spaces in addition to those required for dwelling units.
(c)
Other offices in a residence.
Two spaces in addition to those required for dwelling units.
(d)
Rooming or lodging houses, tourist home, hotel or motel.
One space for each dwelling unit and for each room used for separate occupancy.
(e)
Nursing or convalescent home.
One space for each two beds.
(2) 
Nonresidential buildings or uses.
(a)
School.
One space for each classroom, plus one space for each six seats in the auditorium.
(b)
Places of public assembly; church, auditorium, stadium, theater, etc.
One space for each five seats.
(c)
Clubs.
One space for each 100 square feet or major fraction thereof of gross floor area used for club purposes.
(d)
Eating and drinking places.
One space for each two seats and standing places.
(e)
Doctor, dentist and real-estate office.
Five spaces for each office.
(f)
Other business and professional offices.
One space for every 150 square feet or major fraction thereof of gross floor space.
(g)
Bowling alley.
10 spaces for each alley.
(h)
Mortuary.
10 spaces for each chapel or parlor.
(i)
Retail auto sales and repair garage.
Five spaces plus one space for each 250 square feet or major fraction thereof of gross floor area used for sales and/or service. Such spaces shall be reserved for transient parking and shall not be used for the storage of new or used motor vehicles for sale or for hire.
(j)
Individual stores having less than 6,000 square feet of gross floor area.
One space for each 250 square feet or major fraction thereof of gross floor area.
(k)
Individual stores with 6,000 square feet or more of gross floor area. Shopping centers and groups of stores with a gross floor area of over 20,000 square feet.
One space for each 100 square feet or major fraction thereof of gross floor area.
(l)
Manufacturing, storage and other industrial floor area.
One space for each 1,000 square feet of gross floor area, but shall not be less than one space for each two employees, exclusive of night shift.
B. 
Special regulations applying to accessory off-street parking, used-car lots and gasoline stations.
(1) 
Design standards.
(a) 
Size of space. Except for one- and two-family residences, 300 square feet of net standing and maneuvering space shall be deemed to constitute a parking space.
(b) 
Restrictions on other uses: all areas counted as off-street parking space shall be unobstructed and free of other uses, except off-street loading.
(c) 
Protection of adjacent areas.
(1c)
Surfacing. Except for one- and two-family residences, all open off-street parking areas, used-car lots and gasoline stations shall be surfaced with a dustless material and shall be so graded and drained as to dispose of all surface water accumulation, as approved by the Building Inspector.
(2c)
Screening. All open off-street parking areas with five or more spaces, used-car lots and gasoline stations shall be screened from all adjoining residential districts by either a strip four feet wide, densely planted with shrubs or trees, or a solid fence or masonry wall not less than four feet nor more than seven feet high. Such screening shall be properly maintained.
(3c)
Lighting. Any illumination of off-street parking areas, used-car lots and gasoline stations shall be so arranged as to direct the light away from the street and away from adjoining premises.
(d) 
Except for parking spaces required for single-family and multifamily dwellings, access to and from public streets shall be subject to approval by the City Engineer.
(e) 
In any R Districts, no parking space shall be provided in a required front yard.
(f) 
Driveway design.
[Added 10-4-2016]
[1] 
No driveway shall be placed or constructed that exceeds in width 1/3 of the total frontage of the parcel on which it is constructed or placed, but in no event shall the width exceed 20 feet.
[2] 
No driveway shall be placed or constructed as to exceed the opening width of the parcel's garage door by more than two feet, but in no event shall the width of said driveway exceed 20 feet.
[3] 
No driveway apron shall be so placed or constructed as to exceed the width of the parcel's driveway by more than three feet, unless said apron is replacing an existing apron in kind. No apron shall be so placed or constructed so as to cross any projected property line.
[4] 
The widening of any existing driveway or driveway apron requires review and issuance of a grading permit by the City Engineer subject to the provisions of Chapter 48 of the Code.
[5] 
Must comply with all city of North Tonawanda flat work codes and regulation including, but not limited to, Chapters 25, 48 and 81.
[6] 
The placement or construction of any required parking lots in any C or M District pursuant to this chapter shall be subject to approval and the issuance of a grading permit by the City Engineer subject to the provisions of Chapter 48 of the Code.
(2) 
Location. In any R District, required parking shall be provided on the same lot with the use to which it is accessory. Required parking in any C or M District shall be provided either on the same lot with the use to which it is accessory or on another site in a C or M District within 500 feet thereof. In the latter case, however, the providing of such parking space shall be subject to deed, lease or contract restrictions acceptable to the City Attorney binding the owner, his heirs and assigns to maintain the required number of spaces available throughout the life of such use.
C. 
Any person, firm or corporation violating any of the provisions of this section shall be subject to a fine not to exceed $100 for each offense.
[Added 10-4-2016]

§ 103-15 Supplemental regulations.

A. 
As to use.
(1) 
Public buildings, public services and public utilities. The provisions of this ordinance shall not be so construed as to limit or interfere with the development or use of public buildings used for governmental purposes or with the construction, installation, operation and maintenance for public utility purposes of water and gas pipes, mains and conduits, electric light and electric power transmission and distribution lines, telephone and telegraph lines, sewers and sewer mains and incidental appurtenances or with any highway or railroad right-of-way existing or hereafter authorized by the City of North Tonawanda or the State of New York. The above provision shall not be construed to permit yards, garages or other buildings for service or storage by said public utilities, except as otherwise permitted by this ordinance.
(2) 
Accessory uses. In addition to other regulations of this ordinance, accessory uses shall be limited as follows:
(a) 
In any district, no accessory building shall be used for residence purposes except by employees of the tenant or owner of the premises as a condition of employment.
(b) 
In any R District, the storage of gasoline in quantities greater than 10 gallons on any lot shall not be permitted.
(c) 
In any R District, no access driveway to or from a business or industrial premises shall be deemed to be an accessory use.
(d) 
In any district, automobile wrecking shall not be deemed to be an accessory use.
(3) 
Limitations on gasoline stations and public garages.
(a) 
No part of any building used as a public garage or filling station and no filling pump, lift or other service appliance shall be erected within 25 feet of any boundary lines of any R District.
(b) 
No gasoline or oil pump, no oiling or greasing mechanism and no other service appliance shall be installed in connection with any filling station or public garage within 10 feet of any street line.
(4) 
Parking of commercial vehicles in R Districts. No parking of a commercial vehicle shall be permitted in any R District, except when the vehicle is used by the occupant of the premises and does not exceed three-fourths-ton rated capacity. Storage of a commercial vehicle shall not be permitted in any R District, except when such motor vehicle is stored or deposited in a completely enclosed building.
[Amended 4-5-1988]
(5) 
Signs in R-1 and R-2 Districts.
(a) 
One nonilluminated sign not exceeding two square feet in area shall be permitted as an accessory use. Such sign shall consist of a nameplate with no lettering except to indicate the name and profession or home occupation of the resident. Such sign shall located on the principal building or on a separate support not closer to the street line than 1/2 the required front setback.
(b) 
Church, school or other institutional bulletin boards not exceeding 25 square feet in area shall be permitted but shall not be closer to the street line than 1/2 the required front setback.
(c) 
Real estate "For Sale" or "For Rent" signs not exceeding six square feet in area shall be permitted on any premises to which they pertain, but shall not be closer to the street line than 1/2 the required front setback.
(6) 
Temporary structures. Temporary structures may be permitted in any district for uses incidental to construction work for a period of time not to exceed six months, provided that such buildings shall be removed forthwith upon the completion or abandonment of the construction work. Permits for any other temporary structures or for any extension of the six-month time limit shall be issued only upon authorization of the Common Council.
(7) 
Outdoor wood-burning boilers or similar devices:[1]
[Added 4-7-2009]
(a) 
Definitions. As used in this subsection, the following terms shall have the meanings indicated:
OUTDOOR WOOD-BURNING BOILER
Any equipment, device, appliance or apparatus, situated outdoors, freestanding, or in a freestanding structure, used to produce heat or energy used to provide heat or hot water to a building.
SEASONED WOOD
Wood that has been cut a year and dried at least six months.
WOOD FUEL
All wood intended to be used as fuel, including but not limited to trees, cordwood, logs, lumber, sawdust and wood from manufacturing processes, wood pellets, slabs, bark, chips, waste pellets. This does not include material chemically treated with any preservatives, paint or oil.
(b) 
General provisions.
[1] 
No boiler shall be installed within 50 feet of the building it serves nor within 200 feet of any other building.
[2] 
Not permitted in a front yard, and a minimum of 25 feet from a side or rear property line.
[3] 
A boiler located between 200 and 400 feet of a building other than the building it serves must have a smokestack height of at least two feet higher than the eaves of said building.
[4] 
Boilers may be operated only during the heating season, which shall be September 15 to May 31.
[5] 
Only dry, seasoned, untreated wood fuel may be burned.
[6] 
Cannot be the only source of heat.
[7] 
Must be installed per manufacturer's recommendations.
[1]
Editor's Note: Former Subsection A(7), referring to outdoor storage of certain abandoned and junked vehicles, was repealed 4-19-1988. See now Ch. 8, Abandoned Vehicles.
B. 
Height.
(1) 
Accessory buildings.
(a) 
In any R District, accessory buildings may not exceed 15 feet in height.
(b) 
In any C or M District, the height of an accessory building shall be controlled by side yard and rear yard requirements for accessory buildings established hereunder in this section.
(2) 
Public and quasi-public buildings. The height of churches, schools, hospitals and other public and quasi-public buildings, when permitted in any R or C District, shall be controlled by the side yard and rear yard requirements established therefor in the district regulations.
(3) 
Exceptions. The height limitations of this ordinance shall not apply to:
(a) 
Church spires, belfries, cupolas and domes, monuments, chimneys, smokestacks, flagpoles, radio towers, masts and serials, water tanks, elevator penthouses, conveyors and scenery lofts, provided that the aggregate horizontal area of such parts shall not exceed 20% of the ground floor area of the main building.
(b) 
Parapet walls not over four feet high.
(4) 
Fences or walls. Except as otherwise provided in this subsection, fences or walls shall be permitted in any district but only when erected in accordance with the following regulations as to height and type of fence:
[Amended 6-3-1980; 7-3-2001; 5-18-2005]
(a) 
Seven feet where located in the back of the rear wall of the principal building and six feet where located on the side of the principal building and having a minimum of five feet of side yard.
(b) 
No more than four feet where located in front of the principal building and in excess of 15 feet from the front property line and no more than three feet where located within 15 feet of the front property line. No solid-type fence or wall shall be permitted in any district. Any fence constructed in the front yard must be less than 50% solid with no less than 2 1/4 inches of space between each picket or, upon the approval of the Board of Appeals, subject to conformance with the corner visibility provisions established under this section.
[Amended 8-21-2012]
(5) 
Hedges. Except as otherwise provided for in this ordinance, hedges adjacent to any vehicular traffic right-of-way shall be permitted in any district, but only when maintained at a height of no greater than two feet from grade.
[Added 7-6-2005]
C. 
Area and yards.
(1) 
Corner lot modification.
(a) 
In the case of a corner lot in an R District where the rear lot line abuts the rear lot line of an adjacent lot in any R District, the required side yard on the street side of such corner lot shall extend from the front yard to the rear lot line.
(b) 
In the case of a corner lot in an R District where the rear lot line abuts a side lot line of an adjacent lot in any R District, the required side yard on the street side of such corner lot shall equal 60% of the required front yard of said adjacent lot, and no accessory building in any rear yard on such corner lot shall project beyond the required front yard of said adjacent lot or be located within 10 feet of the side yard of said adjacent lot.
(c) 
In the case of a corner lot in any C or M District which abuts a lot in any R District, all buildings on such corner lot shall have a setback from the street on which the lot in the R District fronts equal to 60% of the front yard requirements of the R District.
(2) 
Corner visibility. Within the triangle formed by two intersecting street lines and a line joining points on such street lines 30 feet from their intersection, no fence, wall, hedge or dense foliage shall be erected, planted or maintained between the heights of two feet and six feet in any R District. Open-type fences less than 10% solid may be 3 1/2 feet high or, if approved by the Board of Appeals, seven feet high.
(3) 
Dwelling group. In the case of a dwelling group, all required yards shall be measured from the dwellings nearest the respective front, side or rear lot lines. Spacing between any two principal buildings on a lot shall be equal to the average height of said buildings.
(4) 
Location and coverage of accessory buildings. No accessory building shall be erected or altered so as to:
(a) 
Be in any required side or front yard.
(b) 
Be nearer than 10 feet to any dwelling unless attached thereto.
(c) 
Be within five feet of any side or rear lot line, except:
(1c)
That in any C District this requirement shall be increased by one foot for each foot or fraction thereof that the accessory building exceeds 15 feet in height.
(2c)
That this shall not prevent the erection in any C or M District of a common private garage one story high, of fireproof construction and housing not more than six motor vehicles, across a lot line.
(3c)
As provided in §§ 103-12 and 103-13, and § 103-15C(1)(b) above.
(4c)
That in any district, a single-story accessory building, 750 square feet or less in area, will be permitted to be three feet from any side or rear lot line.
[Added 11-7-2001]
(d) 
Have the aggregate ground area for all accessory structures, paved or concrete areas exceed 30% of the required rear yard in any R District or 40% of any required rear yard in any C District or M District.
[Amended 10-4-2016]
(5) 
Lot frontage on street. No dwelling shall be erected on any lot which does not have immediate frontage on an existing or platted street or highway as provided in Section 36 of the General City Law.
(6) 
Lot size exceptions for a lot of record. The lot width and area requirements of this ordinance shall be automatically waived to permit the erection of a single-family dwelling on any lot which was of record at the time this ordinance became effective, provided that yard and other requirements prescribed in this ordinance are complied with.
(7) 
Usable open space for residents in any C District. In any C District where any building or portion thereof is used for residential purposes, 400 square feet of open space per dwelling unit shall be provided exclusively for recreation and household service activities.
(8) 
Front yards on through lots. In any R District where and interior lot runs through a block from street to street, there shall be a front yard of the depth required by this ordinance on each street frontage. One of such yards shall be considered as a required rear yard, but no accessory buildings nr structures shall be located therein.
(9) 
Front yard exceptions.
(a) 
Where the immediately adjoining lots on each side of a parcel of land in any R District and on the same side of the street therewith or in any other case where at least 1/3 of the R District lots on the same side of the street as such parcel and between the same two intersecting or intercepting streets have dwellings located thereon, the minimum front setback for such parcel shall be the average setback of such existing dwellings. This requirement shall not be so construed as to:
(1a)
Permit a front setback of less than 15 feet;
(2a)
Require a front setback of more than 75 feet; or
(3a)
Prohibit a variation of three feet from the computed average setback, if such setback is at least three feet greater than the minimum specified in the district regulations.
(b) 
In the ease of any parcel in any M District where the adjacent lots on the same side of the street and within 100 feet of said parcel have business and/or industrial buildings thereon and are in an M District, the minimum front setback for such parcel shall be the average setback of such buildings on said adjacent lots.
(10) 
Projection into yards. The following structures shall be allowed within required yards.
(a) 
The ordinary projection of window sills, belt courses, cornices and other ornamental features to an extent of not more than four inches.
(b) 
Balconies, bay windows, chimneys and roof projections not to exceed two feet.
(c) 
Retaining wall of any necessary height.
(d) 
Unenclosed or nonweatherproofed porches in rear yards, but not more than 1/4 the required depth of such yard.
(e) 
Unenclosed steps not extending above the floor level of the first story, provided that such steps are at least five feet from any lot line.
(f) 
A paved terrace, provided that such terrace is unroofed and without walls or other forms of enclosure and at least five feet from any lot line.
(g) 
Subject to height limitations hereinabove established, fences or walls along property lines, provided that such fence or wall shall be at least two feet distant from any existing or future street line.
(11) 
Side yard exception for dwellings. The total width requirement for both side yards for dwellings may be reduced by three feet in any case where a garage is attached to the dwelling; provided, however, that no side yard shall be less than five feet and that the attached garage shall be considered as part of the principal building for purposes of yard measurement.
(12) 
A site plan or plans drawn to scale must be submitted to the Planning Commission for approval when more than two dwelling units or a cluster of buildings is planned on one plot of land located in any R or C Zoning District. The following departments shall review and recommend to the Planning Commission their written recommendations regarding the feasibility of such site plan or plans within 30 days' receipt thereof: City Engineer, Fire, Police and Water Departments and the Department of Public Works.
[Added 6-3-1980; amended 1-16-2001]
(13) 
Television satellite receiver dish.
[Added 4-16-1985]
(a) 
Definition. "Television satellite receiver dish" shall include any and all television antennas or metal or plastic apparatuses whose purpose is the reception of television and/or radio signals from satellite or microwave transmissions.
(b) 
No television satellite receiver dish shall be constructed in the front yard, and they shall be further governed by the same restrictions applicable to accessory buildings.

§ 103-16 Nonconforming uses.

A. 
Continuation. Any lawful use which is made a nonconforming use by this ordinance or by any subsequent amendments thereto may be continued as hereinafter provided.
B. 
Cessation. The following nonconforming uses may be continued for a period of three years, provided that after the expiration of such period any such nonconforming use shall become an unlawful use and shall be terminated:
(1) 
In any R District, a nonconforming use not in an enclosed building, including but not limited to junkyards, auto wrecking and dismantling and the storage of motor vehicles which do not qualify for a New York State motor vehicle inspection sticker.
(2) 
In any R District, the parking or storage of equipment or commercial vehicles exceeding three-quarter-ton rated capacity.
(3) 
In any R District, a nonconforming sign or a nonconforming building or other structure with an assessed value under $500.
C. 
Change in use. A nonconforming use shall not be changed to another use, except:
(1) 
In any R District, a nonconforming use may be changed to a use of a more restricted classification, including a conforming use.
(2) 
In any C District or M-1 District, a nonconforming use may be changed to a use in the same use group or a use of a more restricted classification, including a conforming use. This provision shall not apply to a nonconforming residential use.
(3) 
In any M District, a nonconforming residential use may be changed to a conforming use.
(4) 
Once changed to a conforming use or to a more restricted use, no use thereafter shall revert to a less restricted use.
D. 
Extension or enlargement. A nonconforming use shall not be enlarged or extended, except as follows:
[Amended 2-12-1988]
(1) 
In any C, M or WD District, any nonconforming use, other than dwellings, may be enlarged to an extent not exceeding 25%, in the aggregate, of the gross floor area devoted to such nonconforming use, but in no case shall such enlargement extend beyond the lot occupied by such nonconforming use. When the total of all enlargements equals 25% of the gross floor area existing at the time such use became a nonconforming use, no further enlargement shall be permitted.
E. 
Repair or alteration.
(1) 
Normal maintenance of a building or other structure containing a nonconforming use shall be permitted, including nonstructural repairs and incidental alterations not extending the nonconforming use.
(2) 
No structural alterations shall be made in a building or other structure containing a nonconforming use except:
(a) 
When required by law.
(b) 
To restore to a safe condition any building or structure declared unsafe by the Building Inspector.
(c) 
To permit enlargements as provided in this section.
F. 
Restoration. No nonconforming building or other structure which has been damaged or destroyed by any means to the extent of 50% or more of its value shall be rebuilt or repaired except in conformance with the regulations of this ordinance. In any reconstruction of a nonconforming building or structure, neither the floor area nor the cubical content shall be increased from the original.
G. 
Discontinuance. In any district, whenever a nonconforming use of land, premises, building or structure or any part or portion thereof has been discontinued for a period of one year, such nonconforming use shall not thereafter be reestablished, and all future use shall be in conformity with the provisions of this ordinance. Such discontinuance of the active and continuous operation of such nonconforming use or a part or portion thereof for such period of one year is hereby construed and considered to be an abandonment of such nonconforming use, regardless of any reservation of an intent not to abandon same or of an intent to resume active operations. If actual abandonment in fact is evidenced by the removal of buildings, structures, machinery, equipment and other evidences of such nonconforming use of the land and premises, the abandonment shall be construed and considered to be completed within a period of less than one year, and all rights to reestablish or continue such nonconforming use shall thereupon terminate.
H. 
Prior-approved construction. Nothing herein contained shall prevent the construction of a building for which a building permit has been issued for a building made nonconforming by this ordinance or subsequent amendments thereto, provided that such building permit shall be void unless construction of such building shall have been diligently prosecuted within six months of the date of such permit and shall be completed within one year from the date such building was made nonconforming.

§ 103-17 Enforcement.

A. 
Enforcement officer. The provisions of this ordinance shall be enforced by the Building Inspector of the City of North Tonawanda. The Building Inspector shall keep a complete file of all applications, permits, orders, certificates, requirements and decisions affecting each and every application filed with the city pursuant to this ordinance.
B. 
Building permit required. The provisions of the Building Permit Ordinance[1] and other applicable regulations of the City of North Tonawanda shall control the issuance of building permits. In addition to such provisions, every application for a building permit shall be accompanied by a plat, in duplicate, drawn to scale and showing the dimensions of the plot to be built upon, the size and location of the building on the plot and such other information as may be necessary to provide for the enforcement of the regulations contained in this ordinance. No building permit shall be issued unless the provisions of this ordinance are complied with.
[1]
Editor's Note: See Ch. 25, Building Permits.
C. 
Certificate of zoning compliance required.
(1) 
No permit for excavation for, or the erection or alteration of or repairs to any building shall be issued until an application has been made for a certificate of zoning compliance.
(2) 
No land shall be occupied or used and no building hereafter erected, altered or extended shall be used or changed in use until a certificate of zoning compliance shall have been issued by the Building Inspector, stating that the building or proposed use thereof complies with the provisions of this ordinance.
(3) 
All applications for a certificate of zoning compliance shall be in writing, signed by the owner, on forms furnished by the Inspector, and shall contain the following information:
(a) 
Nature and definite purpose of the building or use.
(b) 
Description of the property and buildings thereon and to be placed thereon.
(c) 
Statement of any restrictions by deed or other instrument of record.
(d) 
An agreement to comply with this ordinance and all other laws, ordinances and regulations that may be applicable.
(4) 
In addition, upon written request by the owner, the Building Inspector shall inspect any building, other structure or tract of land existing on the effective date of this ordinance, and shall issue a certificate of zoning compliance therefor, certifying the use of the building, other structure or tract of land, and whether such use conforms to all the provisions of this ordinance.
D. 
Inspection. The Building Inspector is hereby empowered to cause any building, other structure or tract of land to be inspected and examined, and to order in writing the remedying of any condition found to exist therein or thereat in violation of any provision of this ordinance. After any such order has been served, no work shall proceed on any building, other structure or tract of land covered by such order, except to correct the violation or to comply with such order.
E. 
Penalties. A person shall be guilty of an offense punishable by a fine not to exceed $500 or by imprisonment for not more than six months or by both such fine and imprisonment in any case where an order to remove any violation by any provisions of this subsection has been served personally or by ordinary mail by the Building Inspector upon the owner, general agent, lessee or tenant of the building, other structure or tract of land, or any part thereof, or upon, the architect, builder, contractor or anyone who commits or assists in any such violation and such person shall fail to comply with such order within 10 days after the service thereof. Each day thereafter that such violation shall continue shall constitute a separate offense and shall be punishable hereunder.
[Amended 3-2-1964; 4-7-2009]
F. 
Other remedies. In addition to the foregoing remedies, the city may institute any appropriate action or proceeding to prevent or restrain any violation of this ordinance.

§ 103-18 Board of Appeals.

A. 
Creation and organization. A Board of Appeals, consisting of five members appointed by the Mayor, is hereby established as constituted and empowered under Section 81 and 81-a of the General City Law. One member of said Board shall be designated by the Mayor to act as Chairman. The City Clerk shall be the Clerk of the Board of Appeals.
B. 
Powers and duties. The Board of Appeals shall have all the power and duties prescribed by law and by this ordinance, which are more particularly specified as follows:
(1) 
Interpretation. Upon appeal from a decision by an administrative official, to decide any question involving the interpretation of any provision of this ordinance, including determination of the exact location of any district boundary if there is uncertainty with respect thereto.
(2) 
Variances. Where there are practical difficulties or unnecessary hardships in carrying out the strict application of this ordinance, the Board of Appeals may vary or modify the requirements of this ordinance relating to the use or the arrangement of buildings or structures so that the spirit of this ordinance shall be observed, public safety and welfare secured and substantial justice done. In granting any variance, the Board of Appeals shall prescribe any conditions that it deems to be necessary or desirable. No variance in the strict application of any provision of this ordinance shall be granted by the Board of Appeals unless it finds:
(a) 
That there are special circumstances or conditions, fully described in the findings, applying to the land or building for which the variance is sought, which circumstances or conditions are peculiar to such land or buildings and do not apply generally to land or buildings in the neighborhood and are not self-created by any person having an interest in the property or the result of mere disregard for or ignorance of the provisions of this ordinance, and that said circumstances or conditions are such that the strict application of the provisions of this ordinance would deprive the applicant of the reasonable use of such land or building;
(b) 
That, for reasons fully set forth in the findings, the granting of the variance is necessary for the reasonable use of the land or building and that the variance as granted by the Board is the minimum variance that will accomplish this purpose;
(c) 
That the granting of the variance will be in harmony with the general purpose and intent of this ordinance and will not be injurious to the neighborhood or otherwise detrimental to the public welfare.
(3) 
The following types of cases shall be construed as eligible for consideration as hardship cases within the meaning of this ordinance.
(a) 
Unusual size and shape of lot, Where, by reason of exceptional narrowness, shallowness or shape of a specific piece of property, at the time of the effective date of this ordinance, or by reason of exceptional topographic conditions or other exceptional physical difficulties in the development of such piece of property, the literal enforcement of the requirements of this ordinance pertaining to yards or other space relationships would result in peculiar practical difficulties or exceptional undue hardship upon the owner of such property. No use variance shall be granted in such case.
(b) 
Lots in two districts. Where a district boundary divides a lot in single or joint ownership of record at the time such line is adopted, the Board of Appeals, under such conditions that will safeguard the character of the more restricted district, may permit the regulations for the less restricted portion of such lot to extend not more than 25 feet into the less restricted portion, provided that access to the lot is from the frontage on a street or highway in the less restricted portion.
(c) 
Adjacent nonconforming uses. Where adjacent to a lot on both sides, in the case of an interior lot, or on both the side and rear of the lot or on all of the corners of an intersection in the case of a corner lot, there are buildings or uses which do not conform to regulations prescribed in this ordinance for the district in which said lot is located. In considering such appeal, the Board shall give due regard to the nature and conditions of all adjacent uses and structures: and, in granting any such appeal, the Board may impose special requirements and conditions for the protection of conforming uses and the ultimate removal of nonconforming uses and structures. In any case, the variance as to the use or uses permitted on any lot, whether principal or accessory shall not allow a use or combination of uses more intensive or less restricted than any use which is legally existing on premises immediately adjacent on either side of said lot, or of premises on any other corner of the intersection in the case of a corner lot.
(d) 
Nonconforming building time elapsed. Where, because the principal building on any premises was originally lawfully erected and intended for a principal use which would now be a nonconforming use in the district in which located, and the right to continue, establish or reestablish such nonconforming use in such building is denied by the provisions of § 103-16 of this ordinance, the literal enforcement of such time would result in peculiar and exceptional practical difficulties or exceptional and undue hardship upon the owner of such property. In considering any such appeal, the Board shall give due regard to the age and condition of such building and its adaptability for or convertibility to a conforming use. In approving any such appeal the Board shall specify the time limit during which such grant of a variance shall be effective, which time limit shall in no case exceed the estimated useful life of such building. In case the building has been condemned by the Building Inspector and ordered to be demolished, the Board shall not grant any such appeal.
(4) 
Special use permits. All applications for a special use permit shall be subject to the following procedures and standards:
[Amended 3-21-1989]
(a) 
Site plan. All applications for a special use permit shall include a site plan and shall be made to the Board of Appeals. Prior to the Board of Appeals taking action on a special use permit application, the Board of Appeals shall refer such application, together with a site plan, to the Planning Commission for review. The Planning Commission shall review both the special use permit application and the site plan and provide a written recommendation to the Board of Appeals.
[1] 
The review by the Planning Commission shall consider and address the consistency of the special use permit proposal and site plan with regard to:
[a] 
The goals and policies of the City's Comprehensive Plan and the provisions of this chapter.
[b] 
Adjacent land use(s), the character of the neighborhood, traffic conditions, parking, utility systems, drainage and other matters which affect the public health, safety and general welfare.
[c] 
The ability of the site to be adequately served by essential public facilities and services, including but not limited to: sanitary sewers, public water supply, stormwater drainage, street capacity, police protection, fire suppression services and public schools.
[d] 
The adequacy of any proposed open space or recreational areas on the site, where applicable, to meet the needs of the residents of the development.
[2] 
Within 45 days of the receipt of a complete application for site plan approval, the Planning Commission shall issue a written report to the Board of Appeals. If the Planning Commission deems that a public hearing on the site plan is in the best interest of the City, the Planning Commission shall have 90 days from its receipt of the application to provide its report to the Board of Appeals.
[3] 
A site plan shall be approved by the Planning Commission for each special use permit before a building permit may be issued.
(b) 
Dimensional variances. In the event a site plan results in the need for dimensional variances, the Board of Appeals will consider such variance application only after the Planning Commission has completed its review of the site plan and has informed the Board of Appeals as to the minimum variance necessary to accommodate the site's layout.
(c) 
Existing violation. No permit shall be issued for a special use for a property where there is an existing violation of this ordinance.
(d) 
Expiration. A special use permit shall be deemed to authorize only one particular special use. The special use permit approved shall expire if action to develop the special use is not commenced within six months of issuance or if the special use shall cease for more than one year for any reason.
(e) 
Standards.
[1] 
The Board of Appeals shall not authorize any permit under the provisions of this section unless it finds in each case that the proposed use:
[a] 
Will be in harmony with the comprehensive plan set forth in this ordinance and with the general purposes and intent of this ordinance;
[b] 
Will not tend to depreciate the value of adjacent property;
[c] 
Will not create a hazard to health, safety or the general welfare;
[d] 
Will not alter the essential character of the neighborhood nor be detrimental to the residents thereof; and
[e] 
Will not otherwise be detrimental to the public convenience or welfare.
[2] 
In considering an application, the Board of Appeals shall take into account the following:
[a] 
Accessibility of the property in relation to existing and proposed streets and the effect of the special use on area traffic patterns;
[b] 
The nature and intensity of the operation and its compatibility with surrounding development;
[c] 
The means by which surrounding properties will be protected from any objectional influences, such as noise, glare or dust, which may be produced by such special use.
C. 
Procedure.
(1) 
General.
(a) 
The Board of Appeals shall have the power to adopt rules of procedure not inconsistent with law or ordinance.
(b) 
The meetings of the Board shall be held at such times as it shall determine from time to time. The Chairman may call a meeting at any time, or two members may call a meeting by filing a copy of such call with the Clerk, directing him to notify the other members of the Board of the time, place and purpose of such meeting. All meetings of the Board shall be public, but the Board shall have a right to consider matters involving the public welfare in executive session, provided that no action in relation to such matters is taken except in public session and by open vote.
(c) 
The concurring vote of four members of such Board shall be necessary to reverse any order, requirement, decision or determination of the Building Inspector or to decide in favor of the applicant any matter upon which it is required to pass under this ordinance or to effect any variation in this ordinance.
(2) 
Filing appeals and applications.
(a) 
Appeal for interpretation. An appeal to the Board of Appeals from any ruling of the Building Inspector may be taken by any person aggrieved or by an officer, department, board or bureau of the City. Such appeal shall be taken within such time as shall be prescribed by the Board by general rule, by filing with the officer from whom the appeal is taken and with the Clerk of the Board of Appeals a notice of appeal specifying the grounds thereof. The officer from whom the appeal is taken shall forthwith transmit to the Board all the papers constituting the record upon which the action appealed from was taken.
(b) 
Appeal for variance and applications. An appeal for variance or an application for any matter upon which the Board of Appeals is required to pass may be made to the Building Inspector by the owner or tenant of the property for which such appeal or application is sought.
(3) 
Public hearing.
(a) 
The Board of Appeals shall fix a reasonable time for the hearing of the appeal or other matter referred to it and give due and public notice thereof by publication in the official paper of the City of a notice of such hearing at least five days prior to the date thereof and shall, at least five days before such hearing, mail notice thereof to the petitioner and shall decide such appeal or matter within a reasonable time after such hearing. Upon the hearing, any party may appear in person, by agent or by attorney.
(b) 
Every decision of the Board of Appeals shall be by resolution, each of which shall contain a full record of the findings of the Board in the particular case.
(4) 
Stay of proceedings. Any appeal to the Board of Appeals shall stay all proceedings in furtherance of the action appealed from as provided in § 81 of the General City Law.
(5) 
Fees. Any appeal or application to the Board of Appeals shall be accompanied by a fee of $50.
[Amended 5-16-1960; 2-6-1979; 3-21-2000]

§ 103-19 Amendments.

A. 
Amendments. The Common Council may, from time to time, on its own motion or on petition or on recommendation of the City Planning Commission, after public notice and hearing, amend, supplement or repeal the regulations, provisions or boundaries of this ordinance.
B. 
Provisional amendment. In the case of a proposed amendment to the regulations, restrictions and boundaries herein provided, which amendment involves reclassification or transfer of any area from a residential district to either a business or an industrial district, the Common Council may require the petitioner to submit a development plan showing the extent, location and character of proposed structures and uses. The Common Council may require that such plan be modified to meet the objections raised at any public hearing thereon or subsequent thereto and may qualify its approval of any such amendment, in any case, by attaching a special permit thereto. Within a period of six months from the approval of such a zoning amendment, conditioned on said special development plan, no building permit shall be issued for any such property except in accordance with the development plan as approved, in which case the permit shall contain all conditions and limitations placed thereon by the Common Council or in accordance with the zoning classification applicable before said action. Unless a building permit for such special development is issued within six months from the Common Council's approval and unless the area affected by said amendment is developed in accordance with said permit within a period of 18 months from the Common Council's approval, said approval shall be void, and the zoning classification shall be as it was when the petition for amendment was filed.
C. 
Petition for amendment.
(1) 
Whenever the owners of 50% or more of the frontage in any district or a specified part thereof shall present their signed petition to the Common Council requesting any amendment, supplement or repeal of the regulations prescribed for such district or specified part thereof, it shall be the duty of the Common Council to vote upon such petition within 90 days after the filing of the same by the petitioners.
(2) 
A petition to amend, change or supplement the text of this ordinance or any zoning district as designated on the Zoning Map established herein shall be filed with the City Clerk on forms obtained from his office and shall be transmitted by him to the Common Council.
(3) 
After March 1, 1979, any petition to amend, change or supplement this ordinance shall be accompanied by a filing fee $100.
[Amended 2-6-1979]
D. 
Public hearings. During the months of March, June. September, January and whenever the time of the Common Council to vote upon a petition is otherwise limited by § 83 of the General City Law, the Common Council shall hold hearings on proposed amendments, changes or supplements to this ordinance as provided in said § 83 of the General City Law. At least 10 days' notice of the time, place and object of such hearing shall be given by the City Clerk in the following manner:
(1) 
In the case of a proposed change in or supplement to the text of this ordinance, by publication in the official paper of the city.
(2) 
In the case of a proposed change in the Zoning District Map, if the area of land included in such change is less than 10 acres, by publication in the official paper of the city and by serving of notice upon all owners of record of all property included in the proposed change and all properties having frontage on both sides of the public highway or highways upon which any premises included in the proposed change have a frontage within 400 feet in both directions along such highway or highways from the nearest side line or nearest side line extended of the premises included in the proposed change and also upon the owners of record of all properties located within 50 feet of the rear or side line of any premises included in the proposed change. Such notice shall be served by mailing a copy of said notice to the owners as shown on the maps and books of the City Assessor.
(3) 
In the case of a proposed change in the Zoning District Map, if the land included in such change consists of a single parcel or two or more parcels which adjoin either immediately or across a street or alley, with a total area of 10 acres or more, by publication in the official paper of the city.
E. 
Rehearing on petitions. No petition for amendment which has been disapproved by the Common Council shall be again considered by the Common Council within one year from the date of such disapproval unless the City Planning Commission shall first submit a recommendation and certify, with reason stated therefor, that there have been substantial changes in the situation which would merit a rehearing by the Common Council.
F. 
Protests. In case of a protest against any change signed by the owners of 20% or more of the land directly opposite thereto, extending 100 feet from the street frontage of such opposite land, such amendment shall not become effective except by the favorable vote of 3/4 of the members of the Common Council.
G. 
Referral to Planning Commission. Each proposed amendment, except those initiated by the City Planning Commission, shall be referred to the City Planning Commission, prior to the public hearing by the Common Council, for an advisory report. In reporting, the City Planning. Commission shall fully state its reasons for recommending or opposing the adoption of such proposed amendment and, if it shall recommend adoption, shall describe any changes in conditions which it believes make the amendment desirable and shall state whether such amendment is in harmony with a comprehensive plan of land use for the city.

§ 103-20 Definitions and rules of construction.

A. 
Rules of construction of language.
(1) 
Words used in the present tense include the future tense.
(2) 
Words used in the singular include the plural, and words used in the plural include the singular.
(3) 
The word "lot" includes the words "plot" or "parcel."
(4) 
The word "person" includes an individual, firm or corporation.
(5) 
The word "shall" is always mandatory.
(6) 
The words "used" or "occupied," as applied to any land or building, shall be construed to include the words "intended, arranged or designed to be used or occupied."
(7) 
Any reference to an R1 District shall be interpreted to mean R1-1 and R1-2 Districts.
(8) 
Any reference to an R District shall be interpreted to mean R1-1, R1-2, R-2 and R-C Districts.
(9) 
Any reference to a C District shall be interpreted to mean C-1 and C-2 Districts.
(10) 
Any reference to an M District shall be interpreted to mean M-1 and M-2 Districts.
B. 
Definitions. For the purpose of this ordinance, certain terms or words used herein shall be interpreted or defined as follows:
ACCESSORY BUILDING OR STRUCTURE
A building or structure, the use of which is incidental to that of the main building and which is located on the same premises.
ACCESSORY USE
A use customarily incidental and subordinate to the principal use or building and located on the same lot with such principal use or building.
AGRICULTURAL OPERATION
The raising of agricultural products for gain. Plant nurseries and commercial greenhouses shall be construed to be an "agricultural operation."
ALTERATION
Any change, rearrangement or addition to or any relocation of a building or structure; any modification in construction or equipment.
BOATYARD
A facility for servicing all types of watercraft as well as providing supplies, storage and fueling facilities and with facilities for the retail sale, rental or charter of boats, motors and marine equipment.
[Added 2-12-1988]
BUILDING
A combination of any materials, whether portable or fixed, having a roof, to form a structure affording shelter for persons, animals or property. The word "building" shall be construed, when used herein, as though followed by the words "or part or parts thereof," unless the context clearly requires a different meaning.
BUILDING HEIGHT
The vertical distance measured from the average elevation of the proposed finished grade at the front of the building to the highest point of the roof for flat roofs, to the deckline of mansard (a roof with a double pitch on all sides) roofs and to the mean height between eaves and ridge for bable, hip and gambrel roofs.
BUSINESS OR PROFESSIONAL OFFICE
The office or studio of a physician, surgeon, dentist or other person licensed by the State of New York to practice a healing art, lawyer, architect, artist, engineer, real estate broker or salesman, insurance broker or agent, teacher and persons employed in similar executive or administrative occupations.
[Added 2-12-1988]
CONDOMINIUM
A building or groups of buildings in which units are owned individually and the structure, common areas and facilities are owned by all the owners of individual units on a proportional undivided basis. Condominiums are a form of ownership of units which may be built in residential districts or nonresidential units which may be built in the C and M Zoning Districts. Condominiums are governed under Article 9-B of the Real Property Law, also known as the "Condominium Act" of the State of New York.
[Added 3-21-1989]
DWELLING
A building used as the living quarters for one or more families.
(1) 
One or more rooms designed for occupancy by one family for cooking, living and sleeping purposes.
(2) 
A building containing one dwelling unit and designed or used exclusively for occupancy by one family.
(3) 
A building containing two dwelling units and designed or used exclusively for occupancy by two families living independently of each other; or two one-family dwellings having a party wall in common.
(4) 
A building or portion thereof containing three or more dwelling units and designed or used for occupancy by three or more families living independently of each other.
DWELLING GROUP
A group of two or more dwellings located on the same lot and having any yard or open space in common.
FAMILY
One or more persons living together in one dwelling unit and maintaining a common household, including domestic servants and gratuitous guests, together with boarders, roomers or lodgers not in excess of the number allowed by this ordinance as an accessory use.
GARAGE, PRIVATE
An accessory building or portion of a main building used for the storage of self-propelled vehicles used by the occupants of the premises, including space for not more than one passenger vehicle used by others.
GASOLINE STATION
Any area of land, including structures thereon, that is used for the sale of gasoline, other motor vehicle fuel, oil or other lubricating substances and motor vehicle accessories and which may or may not include facilities for lubricating, washing or otherwise servicing motor vehicles; but not including the painting thereof or the storage of vehicles for any purpose other than servicing with fuel, lubricants, antifreeze, tire repair and other emergency repairs of a temporary nature.
HOME OCCUPATION
An occupation for gain or support conducted within a dwelling by the residents thereof which is clearly secondary to the use of the dwelling for living purposes and does not change the character thereof, provided that:
(1) 
There is no exterior evidence of such "home occupation" other than a permitted nameplate.
(2) 
No article is sold or offered for sale except such as may be produced by members of the immediate family.
(3) 
Any use first permitted in Use Groups 3, 4, 5, 6 or 7 shall not be interpreted to be a "home occupation."
HOTEL
A building with sleeping rooms for seven or more persons, where separate family cooking facilities are absent and where a general kitchen and public dining room may be provided within the building or in a building accessory thereto. (See "residential hotel.")
JUNKYARD
A place where junk, waste, discarded or salvaged materials are bought, sold, exchanged, sorted, stored, baled, packed, disassembled, handled or abandoned; but not including pawnshops or establishments for the sale, purchase or storage of used furniture, household equipment, clothing, used motor vehicles capable of being registered or machinery to be reused for the purpose for which originally manufactured.
KENNEL
The keeping of more than three dogs that are more than six months old.
LIGHT INDUSTRY
The following manufacturing uses:
[Added 2-12-1988]
(1) 
Laboratories engaged in research, testing and experimental work, including any process normal to laboratory practice and technique.
(2) 
The manufacture, compounding, assembling and/or treatment of articles or merchandise from previously prepared materials, provided that no chemical process is involved in the manufacturing process.
(3) 
The manufacture and/or assembly of electronic devices and electrical appliances, provided that all necessary and approved safeguards are employed to prevent hazard and annoyance to the community.
(4) 
The manufacture and/or assembly of musical instruments, novelties, toys or related products, business machines, custom-built boats and grinding wheels.
(5) 
The manufacture, compounding, processing and storage of candy and confections, frozen foods, cosmetics, pharmaceutical products, toiletries and food products.
(6) 
Wholesale business and storage for the following types of commodities: clothing, drugs, dry goods, packaged foods, furniture, hardware and beverages.
(7) 
Wood and lumber, bulk processing and woodworking, including planing mills, excelsior, sawdust and wood preserving treatment.
(8) 
The manufacture of paper and paper products not involving the reduction and processing of wood pulp and fiber.
(9) 
The manufacture of precision tools.
(10) 
The treatment and processing of metal products.
(11) 
Other light industrial uses which, in the opinion of the Board of Appeals, are similar in nature and scale to those identified herein.
LOCAL WATERFRONT REVITALIZATION PROGRAM (LWRP)
The local program to implement the New York State Coastal Management Program within the City of North Tonawanda as approved by the Common Council and the Secretary of State pursuant to the Waterfront Revitalization and Coastal Resources Act of 1981 (Article 42 of the Executive Law of New York State).
[Added 2-12-1988]
LOT
A parcel of land occupied or capable of being occupied by one building or a group of buildings and the accessory buildings or uses customarily incident to such building or buildings, including such open spaces as are required by this ordinance.
LOT DEPTH
The mean horizontal distance between the front and rear lot lines.
LOT LINES
The property lines bounding the lot. In the case of a lot abutting on more than one street, the owner may elect any street lot line as the front lot line.
LOT WIDTH
The least horizontal distance across the lot between side lot lines, measured at the front of a main building erected or to be erected on such lot or at a distance from the front lot line equal to the required depth of the front yard.
MARINA
A facility for the berthing and fueling of five or more recreational watercrafts.
[Added 2-12-1988]
MOTEL
A building or group of buildings, whether detached or in connected units, used as individual sleeping or dwelling units designed primarily for transient automobile travelers and providing for accessory off-street parking facilities. The term "motel" includes buildings designated as "tourist courts," "motor lodges," "auto courts" and similar appellations.
NONCONFORMING USE
Any lawful use of land, premises, building or structure which does not conform to the use regulations of this ordinance for the district in which such use is located either at the effective date of this ordinance or as a result of subsequent amendments thereto.
NURSERY SCHOOL
A school designed to provide daytime care or instruction for two or more children from two to five years of age, inclusive, and operated on a regular basis.
NURSING OR CONVALESCENT HOME
Any building where persons are housed or lodged and furnished with meals and nursing care for hire.
PUBLIC GARAGE or REPAIR GARAGE
Any garage, other than a private garage, available to the public and which is used for storage, repair, rental, greasing, washing, servicing, adjusting or equipping of automobiles or other motor vehicles.
REPAIR
Replacement or renewal, excluding additions, of any part of a building, structure, device or equipment with like or similar materials or parts for the purpose of maintenance of such building, structure, device or equipment.
RESIDENTIAL HOTEL
A building arranged, intended or designed for or containing both dwelling units and individual guest rooms or suites of rooms, not primarily for transients.
SETBACK
The horizontal distance from any building or from a specified building to the nearest point in an indicated lot line or street line.
SIGN
Any advertisement, announcement, direction or communication produced in whole or in part by the construction, erection, affixing or placing of a structure on any land or on any other structure or produced by painting on or posting or placing any printed, lettered, pictured, figured or colored material on any structure or surface, but not including signs placed or erected by the City of North Tonawanda, Niagara County, the State of New York or the United States of America for public purposes.
SITE PLAN
A plan for the proposed development of a site showing the arrangement, layout, location, design of buildings, open spaces, parking areas and access, utilities, landscaping and natural site features, signage and other pertinent information to permit a decision by the Planning Commission.
[Added 3-21-1989]
STORY
That portion of a building between the surface of any floor and the surface of the floor next above it or, if there be no floor above it, then the space between any floor and the ceiling next above it. A basement shall be counted as a "story," for purposes of height measurement, if the ceiling of more than five feet above the average adjoining ground level or if used for business or dwelling purposes. A "half-story" is a story under a sloping roof having a ceiling height of seven feet or more for an area not exceeding 1/2 the floor area of the uppermost full story in the building.
STREET
Any right-of-way for a public street or an approved private right-of-way.
STREET LINE
A line separating a lot from a street.
STRUCTURAL ALTERATIONS
Any change in the supporting members of a building or other structure, such as bearing walls, columns, beams or girders.
STRUCTURE
Anything constructed or erected which requires permanent location on the ground or attachment to something having such location.
TOURIST HOME
A dwelling in which at least three but not more than eight transient roomers are accommodated.
TOWNHOUSE CLUSTERS
A building, or group of buildings, with each building containing not more than eight townhouse dwelling units connected by common party walls.
[Added 3-21-1989]
TOWNHOUSE DEVELOPMENT
A development of independent single-family dwelling units with a common party wall between adjacent units and each having a private outside entrance.
[Added 2-12-1988]
TRAILER (MOBILE HOME)
A vehicle used for living or sleeping purposes and standing on wheels or on rigid supports.
TRAILER PARK
Any area or tract of land where space is used, rented or held out for use or rent for the parking of trailers, but not including areas used for trailer sales.
USE
The specific purpose for which land or a building is designed, arranged, intended or for which it is or may be occupied or maintained. The term "permitted use" or its equivalent shall not be deemed to include any nonconforming use.
WATER-DEPENDENT INDUSTRY
Any manufacturing use having one or more of the following characteristics:
[Added 2-12-1988]
(1) 
Uses requiring large quantities of water for processing and cooling purposes (e.g., fish processing plants or pumped storage processing plants).
(2) 
Uses that rely heavily on the waterbound transportation of raw materials or products which are difficult to transport on land, thereby making it critical that a site near shipping facilities be obtained.
(3) 
Uses that operate under such severe time constraints that proximity to shipping facilities becomes critical (e.g., farms processing perishable foods).
(1) 
An open space extending the full width of the lot between a main building and the front lot line, unoccupied and unobstructed by buildings, the depth of which shall be the least distance between the front lot line and any portion of a main building.
(2) 
An open space extending the full width of a lot between the rearmost main building and the rear lot line, unoccupied and unobstructed by buildings except as hereinbefore specified, the depth of which shall be the least distance between the rear lot line and the rear of such main building.
(3) 
An open space extending from the front yard to the rear yard between a main building and the side lot line, unoccupied and unobstructed by buildings. The required width of a "side yard" shall be measured horizontally from the nearest point of the side lot line to the nearest part of the main building.

§ 103-21 Repealer.

The Zoning Ordinance of the City of North Tonawanda enacted by the Common Council December 19, 1927, as the same from time to time has been amended, is hereby reenacted and amended in its entirety as herein set forth, superseding all previous enactments and amendments, and, from its taking effect, all such previous enactments and amendments thereto shall be repealed. Such repeal shall not affect or impair any act done, offense committed or right accruing, accrued or acquired or liability, penalty, forfeiture or punishment incurred prior to the time such repeal takes effect, but the same may be enjoyed, asserted, enforced, prosecuted or inflicted as fully and to the same extent as if such repeal had not been effected.

§ 103-22 Validity.

If any section, subsection, paragraph, sentence, clause or phrase of this ordinance is declared by any court of competent jurisdiction to be invalid, such invalidity shall not affect any other portion of this ordinance. The Common Council hereby declares that it would have adopted every section, subsection, paragraph, sentence, clause and phrase of this ordinance regardless of the fact that any other section, subsection, paragraph, sentence, clause or phrase be declared invalid.

§ 103-23 Effective date.

This ordinance shall take effect as prescribed by law, which is one week after publication.

§ 103-24 Townhouse development regulations.

[Added 3-21-89]
In accordance with § 103-6A(10), 103-7A(1) and 103-8A(8) herein and subject to the requirements specified below and in § 103-18B(4) of this chapter, including site plan approval by the Planning Commission, the Board of Appeals may approve proposals for a special use permit for the construction of townhouse clusters and developments in the R1-1, R1-2 and R-2 Residential Districts.
A. 
General requirements. The following general requirements and standards shall govern the review and approval of site plans for townhouse clusters or developments:
(1) 
Each townhouse dwelling unit shall be located, constructed and served by public facilities and services and utilities in such fashion that each dwelling unit may be sold individually.
(2) 
Each individual dwelling unit in a townhouse cluster shall be separated from other such dwelling units by a fire wall. Such fire wall shall be of masonry construction, shall extend from the foundation to the roof and shall be unpierced.
(3) 
Natural features, including streams, drainageways and existing trees, shall be preserved and incorporated in the landscaping of the development.
(4) 
All utility lines which provide electric, gas, telephone, television or other similar services shall be installed underground. Surface-mounted equipment shall be located in a manner so as to minimize potential conflict with other uses and activities.
(5) 
Plans submitted for townhouse developments shall identify areas proposed for dedication to the city, areas to be held in common ownership and property to be owned by individuals.
(6) 
Common property shall, except when accepted by the City Council for dedication, be privately owned. Where property is to remain in common ownership, the developer shall provide for and establish an organization for the ownership and maintenance of such common property. Rules and regulations proposed to govern the operation and maintenance of all common property shall be submitted for review and approval by the City Council. Common property shall not be changed from its status or use as common property without specific authorization of the Council. In reviewing proposals for the establishment of organizations to govern the ownership and maintenance of any common property, the Council shall consider and determine the adequacy of:
(a) 
The timetable for the creation of the organization.
(b) 
The requirements for membership in the organization by residents.
(c) 
The safeguards to ensure the continuance of the common property as common property.
(d) 
The liability of the organization for insurance, taxes and maintenance of all facilities.
(e) 
The provision for pro rata sharing of costs and assessments.
(f) 
The financial capacity of the organization to maintain and administer common facilities.
(g) 
The proposed relationship between the developer and the organization and the plan to turn over the responsibility for the maintenance and administration of common facilities to the organization.
B. 
Minimum standards for townhouse clusters or developments.
(1) 
Area. The minimum tract area for townhouse clusters, or developments shall be:
(a) 
R1-1 District: minimum tract of land, five acres.
(b) 
R1-2 District: minimum tract of land, four acres.
(c) 
R-2 District: minimum tract of land, three acres.
(2) 
Densities. The maximum densities of residential development per gross acre of land (including roadways, pedestrian walkways, common recreation areas, open areas and all nonresidential areas) for townhouse clusters and developments shall be as follows:
(a) 
Within the R1-1 District one townhouse dwelling unit per 8,400 square feet of land.
(b) 
Within the R1-2 District one townhouse dwelling unit per 7,200 square feet of land.
(c) 
Within the R-2 District: one townhouse dwelling unit per 5,000 square feet of land.
(3) 
Open space. Not less than 25% of the land area within a townhouse cluster or development, excluding parking areas and vehicle access facilities, shall be developed and maintained as open space for the use and enjoyment of residents of said cluster or development and their guests.
(4) 
Lot coverage. The lot coverage of all buildings and structures within a townhouse cluster or development shall not exceed 25% of the area of the tract.
(5) 
Building height. No townhouse building shall exceed 30 feet in height.
(6) 
Distance between buildings. The minimum distance between a townhouse dwelling building and any other structure, including a swimming pool, shall not be less than 25 feet.
(7) 
Setbacks. No minimum front, side or rear setbacks shall be required except when dwelling units are positioned relative to a public street. Where a structure faces or abuts a public street, no part of the structure shall be located closer than 35 feet to the public right-of-way. No structure shall be set back less than 10 feet from any common parking area.
(8) 
Setbacks from other districts. No structure within a townhouse cluster or development shall be located closer than 30 feet to the boundary line of any zone district.
C. 
Building standards.
(1) 
No more than eight townhouse dwelling units shall be included in a single dwelling building.
(2) 
No building shall exceed a maximum length of 240 feet on any exterior facade.
(3) 
Townhouse dwelling buildings shall be related to one another in design, building mass, materials and placement to provide a visually and physically integrated development.
(4) 
The treatment of the sides and rear facades of all buildings in a development shall be comparable in amenity and appearance to the treatment of any building facade which faces a public street and complimentary in architectural design to adjacent residential structures.
(5) 
Building walls shall be oriented so as to ensure adequate exposure of light and air to each dwelling unit and to the rooms within.
(6) 
Buildings shall be arranged so as to preserve visual and audible privacy between each townhouse dwelling unit and adjacent townhouse buildings.
(7) 
Building entranceways of adjacent dwelling units in the same structure shall be designed to ensure the privacy of occupants. This may be accomplished by varying the setbacks of entranceways or by providing screening or landscaped plantings, as appropriate.
(8) 
Building entranceways shall be provided with appropriate illumination for the convenience and safety of residents. Such lighting shall be shielded to avoid glare disturbing other properties.
(9) 
All townhouse dwelling units shall include ground-floor living space. The location of an enclosed garage shall not qualify as meeting this requirement.
D. 
Townhouse parking standards.
(1) 
No less than two off-street parking spaces shall be provided for each townhouse dwelling unit.
(2) 
No less than one of the two off-street parking spaces required shall be wholly enclosed and located on the residential property the parking space is designed to serve.
(3) 
The developer may meet the requirements for off-street parking by providing parking spaces in an enclosed garage plus any combination of spaces on private driveways and/or in a common parking lot.
(4) 
No common off-street parking lot or outdoor storage area shall be located closer than 25 feet to any adjacent property.
(5) 
All off-street parking areas shall be privately owned and maintained.
(6) 
Common off-street parking facilities shall be landscaped and screened from public view to the extent necessary to eliminate unsightliness and the monotony of parked cars.
(7) 
Common off-street parking areas shall be designed with careful regard to orderly arrangement, topography, landscaping, ease of access and shall be developed as an integral part of the overall site plan.
(8) 
Common off-street parking areas shall be provided with suitable lighting for the convenience and security of residents, but positioned and shielded to minimize glare and potential inconvenience to residents of the townhouse cluster or development and adjacent properties.
E. 
Size of townhouse dwelling units. The minimum total habitable floor area for all dwelling units shall be:
(1) 
In the R1-1 District, 900 square feet, exclusive of garage space.
(2) 
In the R1-2 and R-2 Districts, 800 square feet, exclusive of garage space.
F. 
Landscape site design standards.
(1) 
Landscaping shall be provided along and adjacent to all streets, common driveway areas and common off-street parking areas. Landscaping treatments shall be designed, coordinated and installed in accordance with the site plan approved by the Planning Commission.
(2) 
Landscape treatment shall consist of shrubs, ground cover and street trees and shall be designed and installed to provide an attractive development pattern. Landscape materials selected should be appropriate to the growing conditions of the local environment.
(3) 
Whenever possible, existing trees shall be conserved and integrated into the landscape design plan.
(4) 
All landscaping, except for trees, shrubs and grasses, either existing or to be installed within the public right-of-way, shall be privately owned and maintained.
G. 
Site circulation system design standards.
(1) 
An adequate, safe and convenient circulation system shall be provided.
(2) 
The arrangement of streets and common parking areas shall be designed as integral parts of an overall site plan. These features shall be properly related to existing and proposed buildings and appropriately landscaped.
H. 
Miscellaneous townhouse regulations.
(1) 
No home occupations and no business activities of any type shall be permitted within a townhouse cluster or development.
(2) 
No signs shall be permitted in a townhouse cluster or development except for a single illuminated nonflashing nameplate sign not more than two square feet in area attached to the townhouse dwelling unit and bearing only the street number of the dwelling.
(3) 
One temporary advertising ground-type sign pertaining only to the sale of a townhouse dwelling unit shall be permitted, provided that such sign shall not exceed six square feet in area. Such signs shall be located not more than 10 feet from the front entrance to the townhouse dwelling unit which is for sale and shall be removed within seven days after the execution of any agreement for the sale of the premises.
(4) 
As part of the site plan application, the developer may propose to carry out the project in stages. The staging plan shall be clearly identified on documents submitted with the special use permit application and shall contain dates anticipated for the start and completion of project activities and various phases. The proposed staging plan shall be a part of the special use permit application. The Planning Commission may approve a request for staging, provided that the developer can demonstrate that such staged townhouse development shall:
(a) 
Enable each townhouse cluster(s) to be completed and ready for occupancy prior to the start of development of the next phase;
(b) 
Not affect the residents' use and enjoyment of each townhouse or any open areas;
(c) 
Not necessitate development activity (such as utility extensions, construction vehicles, etc.) that would interfere with developed townhouse clusters; and
(d) 
Not require more than 18 months to complete all development activities on any site of five acres or less.
(5) 
All fencing of common areas shall be shown on the site plan.
(6) 
Individual owners may erect privacy fences to enclose outdoor areas of individual dwelling units. Such fences may be up to six feet above ground level, provided that such fencing is located not less than 15 feet from a public street, common off-street parking or storage area or vehicular accessway thereto. Fencing which is closer than 15 feet to a public street or common off-street parking or storage area of vehicular accessway thereto shall not exceed three feet above ground level.
(7) 
Except for land which is owned in common, no property owner shall erect or place an accessory building or structure on the premises.
(8) 
The storage of any unregistered vehicles or other similar equipment out of doors overnight shall be prohibited.
(9) 
No commercial vehicles shall be parked out of doors overnight in the townhouse cluster or development except in a common parking area. In no event shall vehicles be parked on any lawn area or along any portion of any street located within the townhouse development.
I. 
Special accessory uses. The following special accessory uses may be established for the common and exclusive use of owners of townhouse residences and their guests. Such special accessory uses shall be operated on a not-for-profit basis and subject to the approval of the Board of Appeals.
(1) 
Recreational facilities such as open or enclosed tennis courts, exercise facilities, picnic areas, gazebos or swimming pools, as regulated elsewhere in this chapter.
(2) 
One structure to house maintenance shops and vehicles to be used exclusively for the maintenance and management of the townhouse development.
(3) 
Common space for the exclusive use and convenience of residents of the townhouse cluster or development and their guests to park vehicles. Such common space shall be adequately landscaped and buffered so as to screen the site from adjacent areas and uses.

§ 103-25 Condominium development regulations.

[Added 3-15-2006]
Condominiums, as defined in § 103-20B, shall be permitted. In addition to the zoning districts referred to in § 103-20B, condominiums shall also be permitted within the WD and WD-1 Waterfront Districts per §§ 103-13.2 and 103-13.3. The intent of this section is to provide areas within the City for medium-density multifamily development where the relationship among buildings and between wings of a single building is regulated in order to assure adequate light and air to residents and protection to and from surrounding development. Maximum density will be approximately eight to 12 dwelling units per gross acre, depending on dwelling unit size.
A. 
Design regulations – principal structures and uses.
(1) 
Site plan review per § 103-13.2H.
(2) 
Attached dwelling units.
(a) 
Minimum lot size: one acre for nonresidential uses and 1.5 acres for permitted residential dwelling group development. Minimum frontage: 120 feet width for each group development of separate structure not a part of a group development 120 feet.
(b) 
Minimum yards for structures:
[1] 
Front: 25 feet.
[2] 
Side and rear: 40 feet, or as determined by the site plan review.
(c) 
Maximum structure height: 35 feet.
(d) 
Minimum floor area per attached dwelling unit:
[1] 
Nonresidential: 400 square feet.
[2] 
Residential: 640 square feet.
(e) 
Maximum land coverage: 35%.
(f) 
Access: Dwelling units within a group development may be arranged in groups or clusters. Each group or cluster shall abut a street, however, each dwelling unit within such group or cluster need not so abut, provided that:
[1] 
Each dwelling unit is accessible by means of a private street to service any emergency vehicles.
[2] 
The standards of design and construction for private streets shall meet applicable City specifications for public streets unless modified by the approved site plan.
[3] 
The location, design and construction of all utilities meet all applicable specifications and are adequate to serve the needs of the group or cluster.
[4] 
The procedures for the preservation and maintenance of private streets, pedestrian ways and common open space comply with all applicable laws.
(g) 
Density. Minimum gross land area to be devoted to attached units, excluding the area of public streets on the perimeter of that area, shall be equal to the number of dwelling units times 3,500 square feet.
(h) 
Principal structures shall be separated by at least 30 feet.
(3) 
Detached dwelling units.
(a) 
Minimum lot size: one acre for nonresidential uses and 1.5 acres for permitted residential dwelling group development. Minimum frontage: 120 feet.
(b) 
Density: Minimum gross land area to be devoted to detached units, excluding the area of public streets that service that area, shall be equal to the number of dwelling units times 3,000 square feet.
(c) 
Principal structure location and separation requirements:
[1] 
Front yard: 25 feet.
[2] 
Side and rear yards: 40 feet or as determined by the site plan review. However, the minimum distance between adjacent dwellings shall not be less than 10 feet.
[3] 
Minimum distance to lot line: five feet.
(d) 
Minimum floor area in groups of eight dwelling units per lot.
[1] 
Nonresidential: 400 square feet.
[2] 
Single story: 1,000 square feet.
[3] 
Two or more stories: 1,200 square feet.
[4] 
A minimum of four dwellings are required for site plan approval.
(e) 
Maximum land coverage: 40%.
B. 
Design regulations — structures and uses accessory to attached dwelling units.
(1) 
Minimum structure location:
(a) 
From another structure: five feet.
(b) 
From any lot line: three feet.
(c) 
No structure shall be located in the required yards.
(2) 
Maximum height of accessory structure: 15 feet.
(3) 
Maximum lot coverage, including area covered by the principal building: 40%.
(4) 
An accessory structure shall not exceed the length of the principal structure.
C. 
Design regulations — structures and uses accessory to detached dwelling units.
(1) 
Minimum structure location:
(a) 
From another structure: five feet.
(b) 
From any lot line: three feet.
(c) 
No structure shall be permitted in the required yards.
(2) 
Maximum height of accessory structure: 15 feet.
(3) 
Maximum lot coverage, including area covered by the principal structure: 45%.

§ 103-26 Site development regulations.

[Added 12-20-2006]
Site plan decisions have a lasting effect on the character and function of a community. To protect the health, safety, and general welfare of the City of North Tonawanda and its citizens, regulations for site development are needed. The regulations contained in this section shall be considered minimum standards in addition to all other provisions of this chapter and shall apply to all new and modified existing public and private development whenever a permit is required. Whenever the requirements of this section conflict with the requirements of any other lawfully adopted rules, regulations or ordinances, the most restrictive or that imposing the higher standards shall govern. Exemptions to § 103-26, Site development regulations: All modifications to an existing structure that do not exceed 1,000 square feet in size or $50,000 in total cost. For new and existing detached single-family and duplex dwellings (this does not include condominium-style developments such as patio homes, etc.), only the following shall apply: all topsoil cleared for construction shall remain on site and be protected from wind, water, erosion, etc., and be reused for landscaping, to a minimum depth of six inches after compaction. Clean, friable and weed-free topsoil shall be obtained off site if topsoil on site is not sufficient for minimum depth requirement.
A. 
Purpose of site development regulations. The purpose and intent of the site development regulations are to:
(1) 
Provide for high-quality, well-planned and well-maintained development in the City of North Tonawanda.
(2) 
Protect and promote the health, safety and general welfare of the public.
(3) 
Enhance the aesthetic and visual character of the City while promoting pedestrian activity.
(4) 
Establish minimum standards and criteria for site development of new single- and multifamily residential and all nonresidential development, to dissuade the unnecessary clearing and disturbing of land so as to preserve the natural and existing growth of flora and to replace removed flora, or plant new flora indigenous to the Western New York region.
(5) 
Reduce the effects of wind and air turbulence, heat, noise and light.
(6) 
Conserve and stabilize property values and to otherwise facilitate the creation of a convenient, attractive and harmonious community.
(7) 
Create attractive buffers between street rights-of-way and property lines, thus promoting a healthy and attractive environment.
(8) 
Provide shade, prevent soil erosion, and create appealing parking areas.
B. 
Definitions. As used in this section, the following terms shall have the meanings indicated:
CALIPER
The diameter of a tree trunk as measured at a person's chest height.
DISTURBANCE
Any event or series of events that disrupts the ecosystem, community or population structure, or alters the physical environment.
EROSION
The wearing away of land surface by wind, ice or water, intensified by land-clearing practices related to farming, residential or industrial development, road building, or logging.
IRRIGATION
To apply water to land so that plants will grow or grow stronger.
LANDSCAPED AREA
The area required or permitted to be devoted to landscaping and environmental improvement, which may include existing and new vegetation.
LIGHT POLLUTION
Presence of excessive illumination in locations where it is not desired; excess or obtrusive light.
OUTDOOR LIGHT FIXTURE
Includes outdoor artificial illuminating devices, lamps, and other devices, permanent or portable, used for illumination or advertisement, including but not limited to search, spot or flood lights for buildings and structures, recreational areas, parking lot lighting, landscape lighting, billboards and other signage and streetlighting.
PARKING AREA
The off-street parking area and loading and unloading area required by the appropriate sections of this chapter.
SHIELDED
Lighting fixtures are shielded in such a manner that light rays emitted by the fixture, either directly from the lamp or indirectly from the fixture, are projected below a horizontal plane running through the lowest point on the fixture where light is emitted.
SITE
Contiguous or detached parcels of land to be developed.
STORMWATER
Stormwater runoff, snow melt runoff, and surface runoff and drainage; rainfall that does not infiltrate the ground or evaporate because of impervious land surfaces but instead flows onto adjacent land or watercourses or is routed into drain/sewer systems.
STORMWATER MANAGEMENT OFFICER (SMO)
An officer or employee designated by the Common Council to accept and review stormwater pollution prevention plans (SWPPPs), forward the plans to such employee, officer, or board of the City of North Tonawanda which may be reviewing any application for a construction activity requiring submission of a SWPPP, and inspect stormwater management practices.
[Added 2-5-2008]
STORMWATER POLLUTION PREVENTION PLAN (SWPPP)
A plan for controlling stormwater runoff and pollutants from a site during and after construction activities, as more particularly described in Article II of Chapter 48, Grading and Stormwater Management, of the Code of the City of North Tonawanda.
[Added 2-5-2008]
WETLANDS
Areas that are inundated or saturated by surface water or groundwater at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands generally include swamps, marshes, bogs and similar areas but are not always visibly wet.
C. 
A landscape plan shall be submitted pursuant to the following provisions and must be approved by the Planning Board prior to site plan approval.
(1) 
General requirements. The following shall apply to all landscape plans:
(a) 
All development subject to the provisions of this section shall provide for a landscaped or natural area, which is not less than 25% of the property area.
(b) 
Landscape treatments shall be designed as an integral part of the entire development and shall be distributed throughout the development site.
(c) 
Vegetation shall be compatible with soil conditions on the development site and with the regional climate. Existing vegetation may remain on site, provided such species are approved by the Planning Board when granting approval of the landscape plan.
(d) 
Each planting area shall be of adequate size for the landscaping approved. The interior dimensions of any landscaped area or median shall be a minimum of seven feet wide to ensure proper growth of vegetation planted therein.
(e) 
All landscaped areas shall have adequate irrigation and drainage for that landscaping to ensure proper growth of vegetation.
(f) 
Landscaped areas in or near parking areas or roadways shall be bordered with approved concrete curbing or swales.
(g) 
All landscaped areas shall contain clean, friable, weed-free topsoil to depths necessary to sustain growth for trees, shrubs and groundcover. In addition, all landscaped areas shall contain two inches of wood mulch. Permeable interlocking pavers or decomposed granite may also be utilized in heavily trafficked areas.
(h) 
Trees are the preferred form of vegetation and every effort shall be made to preserve existing site trees, particularly existing trees with a caliper larger than 10 inches [see § 103-26, Subsection D(2)]. Each landscape plan must contain at least one tree per 1,000 square feet of landscaped area.
(i) 
Each landscape plan shall contain the following varieties of trees:
[1] 
Fifty-percent large deciduous trees.
[2] 
Twenty-five-percent evergreen trees.
[3] 
Twenty-five-percent small or flowering trees.
(j) 
Not less than 5% of the interior of a parking area designed for 10 to 25 cars shall be devoted to landscaped areas. Not less than 10% of the interior of a parking area designed for 25 cars or more shall be devoted to landscaped areas. Interior parking lot landscaping shall be considered as part of the 25% minimum landscaping requirement.
(k) 
Trees planted in a tree well or planter strip shall be provided with a minimum seven-foot by seven-foot planting area. Trees planted in an island planter shall be provided with a minimum four-foot by eight-foot planting area. Planter dimensions are measured from the interior side of the curb. Trees must be planted behind the curb at a distance no less than 1/2 the minimum planter width.
(l) 
All paved surfaces are subject to shading requirements. Shade shall be provided to at least 30% of all parking areas, walkways, pedestrian access, etc., within 15 years of planting. The landscape plan shall clearly show trees drawn to scale representing the canopy size at 15 years. Shading shall be calculated by using the diameter of the tree crown at 15 years. Areas where canopies overlap shall not be counted twice. Exemptions: truck loading area in front of overhead doors, and truck maneuvering and parking areas unconnected to and exclusive of any vehicle parking.
(m) 
A landscaped area at least 10 feet in depth shall be provided along all exterior lot lines of parking areas unless a greater landscaped area is required according to the provisions of the given zoning district.
(n) 
All nonresidential development located adjacent to residential districts shall provide screening and/or buffering using landscaping. Such screening and/or buffering shall be designed so that a person standing on the adjacent residential parcel on the minimum setback line, five feet above the finished grade, would not be able to observe any uses, activities or automobile lights originating from said nonresidential areas. This standard may be met by using various techniques such as plant materials, earthen berms or combinations thereof as approved by the Planning Board. Vegetation shall be the preferred screening device. Such techniques can be applied within the required side and rear yards.
(o) 
Landscaping shall provide privacy and screening for adjacent land uses, and shall take into account visual, noise and air quality factors. More stringent standards may be required by the Planning Board, particularly for industrial development, to ensure adjacent properties are provided adequate visual and noise screening.
(p) 
All dumpsters shall be hidden from view from adjacent properties by closed fencing and vegetation. The screening of materials stored outdoors may be required by the Planning Board.
(2) 
Landscaping specifications.
(a) 
Any and all plantings shall follow all requirements of the Code of the City of North Tonawanda.
(b) 
Tree and shrub size and variety shall be outlined on the landscape plan, and shall be large enough to establish an aesthetically pleasing effect. Minimum tree and shrub sizes at planting shall be:
Plant type
Minimum Size
Large deciduous trees
2-inch caliper (diameter)
Conifers
5 foot height
Small or flowering trees
1 1/2 inch caliper
Large shrubs
30 to 36 inch height
Small shrubs
18 to 24 inch height
(c) 
Specific species of all vegetation shall be outlined on the landscape plan and approved by the Planning Board.
(d) 
Native vegetation is preferred and shall be used for plantings whenever possible. All landscaping, exclusive of trees, shall contain a minimum of 25% species native to Northeastern United States.
(e) 
Nonliving materials shall not be substituted for the required landscaping.
(3) 
For tree planting requirements, exclusive of those within rights-of-way, a minimum of 30% species native to Northeastern United States shall be required. For placement of trees within rights-of-way refer to Chapter 91 (Trees) of the Code of the City of North Tonawanda. Trees used to meet landscaping requirements within rights-of-way shall be selected from the prepared street list available from the City of North Tonawanda Department of Parks and Recreation titled "Street Trees for Planting in North Tonawanda, Specimen Options." The Planning Board shall have the discretion to modify tree shading requirements under power lines and other obstructions which prohibit strict compliance with shading requirements.
(4) 
New development shall be required to have landscaping in place and completed prior to final certificate of occupancy. In the event that seasonal conditions prevent completion of the required landscaping until the following planting season, the Planning Board shall set a completion date, and the property owner or developer shall post a certified check in the amount of 50% of the cost of the landscaping as verified in writing by the landscape architect or by the licensed professional that sealed the landscape plan. Said certified check shall be made payable to the North Tonawanda City Clerk and shall be redeemable after completion and approval of said landscaping work by the stated completion date. In the event that the landscaping plan is not completed by the prescribed date, the owner or developer shall forfeit the deposited amount, and the City shall find the site in violation of this code until landscaping is completed as originally approved.
(5) 
Prior to final approval of the site plan, the property owner or developer shall enter into an agreement with the City of North Tonawanda to assure completed plantings. An irrevocable letter of credit, bond, or other surety shall be required to guarantee maintenance of approved landscaping for a period of three years from planting. If the approved landscape plan is not followed during this time, the surety or bond shall be forfeited and shall be used to complete the landscape plan as approved. Prior to the release of the bond and upon notification by the property owner or developer of completion, the site shall be inspected by the Building Inspector or Code Enforcement Officer.
(6) 
All landscaped areas required and/or permitted by this section shall be maintained and preserved according to the landscape plan as originally approved or as amended by the Planning Board. The property owner shall be responsible for the continued proper maintenance of all landscape materials and shall keep them in a proper neat and orderly appearance, free from refuse and debris at all times. Proper maintenance shall include at a minimum: watering, weeding, mowing, mulching, fertilizing and pruning. All unhealthy or dead plant material shall be replaced within six months or by the next planting season.
D. 
Minimize site disturbance during construction. To conserve existing natural areas, protect trees, and provide habitat to promote biodiversity, the following requirements shall be conformed to:
(1) 
Limit site disturbance, including earthwork and clearing of vegetation, to 40 feet beyond the building footprint, five feet beyond primary roadway curbs, walkways and main utility trenches, and 25 feet beyond constructed areas with permeable surfaces (such as pervious paving areas, stormwater detention facilities and playing fields) that require additional staging areas in order to limit compaction in the constructed area.
(2) 
Locate and identify on the landscape plan all existing trees with a caliper larger than eight inches and preserve a minimum of 50% of these identified large caliper trees.
(3) 
All topsoil cleared for construction shall remain on site and be protected from wind, water, erosion, etc., and be reused for landscaping, to a minimum depth of six inches after compaction. Clean, friable and weed-free topsoil shall be obtained off site if topsoil on site is not sufficient for minimum depth requirement.
E. 
Erosion and sedimentation control. This subsection shall only apply to construction activities that disturb less than one acre of land. All construction activities that disturb one or more acres of land, or less than one acre of land if part of a common scheme of development or sale disturbing more than one acre, shall comply with the requirements of Article II of Chapter 48, Grading and Stormwater Management, of the Code of the City of North Tonawanda. In order to reduce water pollution and prevent erosion during construction the following requirements have been adopted:
[Amended 2-5-2008]
(1) 
Design a site-specific sediment and erosion control plan, which conforms to all current state and federal standards and regulations. Additionally, the plan shall meet the following objectives:
(a) 
Prevent loss of soil during construction by stormwater runoff and/or wind erosion, especially protecting topsoil that has been stockpiled for reuse.
(b) 
Prevent sedimentation of storm sewers or receiving streams.
(c) 
Prevent polluting the air with dust and particulate matter.
(2) 
Illustrate in construction documents how erosion control requirements will be met for the overall project as well as for each individual building and development phase.
F. 
Maintain stormwater post-project runoff rates in accordance with all current state and federal standards and regulations. Drainage calculations shall be submitted to the Planning Board for review as part of the site plan approval process.
G. 
To maintain natural aesthetics and protect flora, fauna and wetlands, refer to state and federal regulatory agencies such as the New York State Department of Environmental Conservation and the United States Army Corps of Engineers regarding wetlands regulations. In addition, the following requirements shall be adhered to: Improve the function of existing on-site wetlands or water bodies through the restoration of hydrology, planting native species, removal of exotic species, and/or other measures as determined appropriate by the Planning Board.
H. 
To promote alternative means of transportation, each commercial, industrial and public building shall be required to provide racks for a number of bicycles equivalent to 5% of the number of parking spaces, with a maximum of 10 bicycle spaces.
I. 
To minimize light pollution and light trespass for the enjoyment and use of property and the night environment and to conserve energy while increasing nighttime visibility, security and productivity, the following requirements shall apply to all outdoor lighting devices used for illumination or advertisement:
(1) 
Except as otherwise provided in this section, all lighting devices or fixtures shall be shielded in such a manner that light rays emitted by the device or fixture, whether directly from the lamp or indirectly from the fixture, are projected below a horizontal plane running through the lowest point on the fixture where light is emitted.
(2) 
Requirements for lighting device or fixture heights, shielding, placement and aiming to minimize light trespass and direct glare emitted by a lighting system shall be as follows:
(a) 
The maximum allowable height of wall-mounted lighting devices or fixtures shall be equal to the horizontal distance of the fixture to the property line with a maximum height of 15 feet,
(b) 
Direct illumination from lighting devices or fixtures shall not be visible from six feet above grade at the property line.
(3) 
The use of flashing, rotating or pulsating lights in/on any outdoors sign or other lighting device is prohibited. This provision shall not apply to flashing, rotating or pulsating lights intended to warn of hazards and danger.
(4) 
The operation of searchlights for advertising purposes is prohibited.
(5) 
Off-streetlighting shall be shielded and/or directed in such manner that it only illuminates the user's premises and does not spill over into neighboring areas or interfere with use of residential properties.
(6) 
Exemptions:
(a) 
The provisions of this section do not apply to incandescent lamps of 150 watts or less; glass tubes filled with neon, argon or krypton; outdoor advertising signs constructed of translucent material and wholly illuminated from within and fossil fuel light sources.
(b) 
The illumination of outdoor recreational facilities, public or private, shall be shielded such that the glare or beam does not emit beyond property lines, and no such facility shall be illuminated after 11:00 p.m. except to conclude a specific sporting event or any other activity conducted at a ball park, outdoor amphitheater, arena or similar facility in progress prior to 11:00 p.m.
(c) 
Seasonal holiday display.
(d) 
Displays of the American flag.
(e) 
The Planning Board may grant a special exemption upon a written finding that there are extreme geographic or geometric conditions warranting the exemption and that there are no conforming fixtures that would suffice.
J. 
Required submittals to the Planning Board.
(1) 
An existing site survey prepared by a licensed New York State land surveyor shall accurately display, to scale:
(a) 
Current property lines, rights-of-way and easements.
(b) 
All existing vegetation and natural features, including but not limited to streams and state and/or federal wetlands.
(c) 
Existing buildings, structures and all nonnatural features.
(d) 
Existing grades and contours.
(2) 
Geotechnical report, including:
(a) 
Soil profile and bearing capacity.
(b) 
Foundation recommendations.
(c) 
Depth to bedrock.
(3) 
Proposed site plan, including:
(a) 
Clearly dimensioned setbacks from property lines, easements, wetlands, rights-of-way, etc.
(b) 
Parking requirements and quantities.
(c) 
Traffic flow patterns, including pedestrian, within-site and at points of entry and exit to site.
(d) 
Proposed grades and contours.
(e) 
Proposed site storm drainage.
(f) 
Lighting.
(g) 
Signage.
(4) 
Landscape plan.
(a) 
The landscape plan shall be drawn to scale, including dimensions and distances, and shall clearly delineate existing and proposed structures, uses, parking areas, access aisles, drainage pattern and the location, size and description of all landscape materials existing and proposed, including but not limited to all trees and shrubs, and shall include those existing plant materials that are to be removed and such other information as may be required by the Building Inspector and the Planning Board.
(b) 
The landscape plan shall clearly show all existing and anticipated changes to vegetation and natural features, including but not limited to streams, state wetlands and federal wetlands. Natural features shall be preserved and incorporated in the landscaped area wherever possible. Existing vegetation and natural features may be counted toward the 25% landscape requirement.
(c) 
Landscape plans shall be prepared and certified by a New York State licensed professional.
(d) 
In the event that wetlands exist on site, a copy of the letter of notification sent to the New York State Department of Environmental Conservation and/or the United States Army Corps of Engineers must accompany the landscape plan.
(5) 
Elevation drawings.
(a) 
Building elevations and architectural elements as they relate to adjacent buildings and/or structures,
(b) 
Indicate finishes, colors, etc.
(c) 
Indicate grade.
(d) 
Lighting.
(e) 
Signage.
(6) 
State and federal documents.
(a) 
New York State Stormwater Pollution Prevention Plan (SWPPP).
(b) 
Environmental Assessment Form (EAF).
(c) 
New York State Environmental Quality Review (SEQR), declaration, and Environmental Impact Statement (EIS).
(d) 
New York State Pollution Discharge Elimination System (SPDES).
(e) 
All other state and federal permits.
(7) 
A SWPPP. A SWPPP shall be submitted, if required for the proposed construction activity under Article II of Chapter 48 of the Code of the City of North Tonawanda, together with the recommendation of the SMO to approve, approve with modifications, or disapprove the SWPPP in accordance with § 48-10B of the Code of the City of North Tonawanda. If a SWPPP is submitted in accordance with this subsection, the Planning Board shall not approve the site plan unless the SWPPP and site plan comply with the performance and design criteria and standards set forth in Article II of Chapter 48 of the Code of the City of North Tonawanda.
[Added 2-5-2008]
K. 
Violations and penalties.
(1) 
Failure to complete all site plan improvements submitted to and approved by the Planning Board shall constitute a violation of this section. Inspection of site plan improvements shall coincide with the final construction inspection performed by the Building Department. Determination of incomplete site improvements at final inspection shall require an addition of $250 to the building permit fee for the purpose of reinspection for completion.
(2) 
Any person violating any of the provisions of this section shall be subject to a fee of $250. A violation shall be deemed to occur for each day that the permit holder fails to conform to the provisions of this section.
(3) 
The Building Inspector or Code Enforcement Officer are hereby charged and designated with the duty of supervision and enforcement of the site development regulations defined in § 103-26 of the Code of the City of North Tonawanda.