Town of Tonawanda, NY
Erie County
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Table of Contents
Table of Contents

§ 215-32 Permitted uses.

In a C-1 Restricted Business District, no building, structure or lands shall be used, structurally altered or erected which are intended, arranged or designed to be used for other than the permitted uses in a residential district or for one or more of the following permitted uses:
A. 
Hospitals or sanitoriums when located at least 50 feet from a side lot line of any residential district but not including any institution primarily for contagious-disease patients, mental patients, epileptics, drug or liquor addicts, the mentally ill or feebleminded or for penal or correctional purposes.
B. 
Nonprofit institutions for charitable purposes but not including any institutions primarily for contagious diseases, mental illness, epileptics, drug or liquor addicts or for penal or correctional purposes.
C. 
Clubs or lodges or fraternal or religious associations not operated for profit.
D. 
Multifamily dwelling. (See the area requirements of § 215-35.)
E. 
Bank or brokerage or financial institutions.
F. 
Medical building or clinic subject to the restrictions in Subsection A above.
G. 
Mortuary.
H. 
Convalescent home and nursing home.
I. 
General office of any type.
J. 
Computer services.
K. 
Insurance office.
L. 
Real estate office.
M. 
Accessory structures are permitted as specified in Article IV hereof, except that such accessory structure shall not occupy the area provided for the parking of vehicles in accordance with the off-street requirements as provided in Article XIII hereof.
[Added 3-15-1993 by L.L. No. 1-1993]

§ 215-33 Use restrictions.

A. 
With the exception of the permitted uses listed above under § 215-32A through C and H, which may as a part of their normal operation serve meals or beverages, no uses permitted under said section shall include the sale, servicing or storage of goods, wares or merchandise.
B. 
All activities, except automobile parking, shall be conducted wholly within an enclosed structure.
C. 
Off-street parking shall be provided as required by Article XIII.
D. 
No structure shall exceed 35 feet in height. However, the antenna or antenna support structure utilized by any person who holds a valid amateur radio operator's license issued by the Federal Communications Commission shall be exempt from regulation by this section.
[Added 6-7-1993 by L.L. No. 3-1993]
E. 
Towers and antennas shall comply with the provisions contained in Article XXIV of the Code of the Town of Tonawanda.
[Added 4-7-1997 by L.L. No. 2-1997]

§ 215-34 Front, side and rear yards.

A. 
Front yard.
(1) 
In a C-1 Restricted Business District, the front yard requirements shall be the same as in a B Second Residential District, except where the front yard requirements as set forth in §§ 215-45 and 215-79 require greater setbacks, in which case the greater distance will apply.
(2) 
Permissible projections in a C-1 Restricted Business District.
(a) 
A vestibule may project into a required front yard only. A vestibule may project ahead of the front building line six feet, provided that the total width of such shall not exceed 25% of the total frontage of the building.
(b) 
A canopy or cornice may project into a required front yard and may also project into a required side yard of a corner lot on the intersection street side where there is a minimum eight-foot side yard.
(c) 
A canopy or cornice may project ahead of the building line six feet, provided that there is a height of not less than eight feet from the grade.
B. 
Side yard.
[Amended 10-29-1990 by L.L. No. 5-1990]
(1) 
In a C-1 Restricted Business District, there shall be a side yard along each side line of the lot upon which a building is erected. The width of the side yards shall be determined by the applicable distance separation requirements as provided in the New York State Uniform Fire Prevention and Building Code corresponding to the type of wall construction of the building to be erected; except, however, that the width of the side yard on one side shall not be less than two feet and on the opposite side not less than eight feet; provided, however, that if a garage is located on the rear 1/2 of the lot and has an area of not more than 750 square feet, it shall be erected not less than two feet from the side lot line nearest the garage and not less than two feet from the opposite side lot line. These side yard restrictions shall apply to all buildings located on said lot. For any buildings, however, higher than 30 feet, such least dimensions shall be increased at least six inches for every foot above 30 feet in height.
(2) 
The maximum width of side yards on any street in any block shall all be on the same side of the building. In a block where no construction has taken place, the side of the building on which the maximum side yard shall be located shall be:
(a) 
For streets running east and west, the maximum width of the required side yard shall be on the east side of the building.
(b) 
For streets running north and south, the maximum width of the required side yard shall be on the north side of the building.
(3) 
In a block where construction has taken place prior to the effective date of this section, the maximum side yard shall be on the side of the building determined as follows:
(a) 
If only one building has been constructed, the maximum side yard shall be on the same side as that of the building so constructed in said block.
(b) 
If two or more buildings shall have been constructed, then the maximum side yard shall be on the side on which the majority of constructed buildings have the maximum side yard, provided that if an equal number of constructed buildings have the maximum side yard on opposite sides and there is no such majority, then the maximum side yard on new construction shall be on the side of the building as above provided for where no construction has taken place.
C. 
Rear yards in C-1 Restricted Business Districts.
(1) 
The rear yard in a C-1 Restricted Business District whose lots abut the side lines of a residential district shall have a depth of 15 feet for buildings 30 feet or less in height. For buildings higher than 30 feet, this distance shall be increased one foot for each additional five feet in height. This condition is shown on Plate E.[1]
[1]
Editor's Note: Plate E is included at the end of this chapter.
(2) 
The rear yard in a C-1 Restricted Business District whose lots abut the rear lot lines of a residential district shall have a depth of eight feet.
D. 
Corner lots adjacent to a residential district.
(1) 
The building line of the main building on the residential street side shall be not less than six feet from the street line.
(2) 
The minimum side yard width on the side opposite the residential street side shall be eight feet if to the east or north or two feet if to the west or south.
(3) 
The building line of a garage located on the rear half of the lot shall be not less than 25 feet from the residential side street where residential lot side lines run parallel to the rear lines of the C-1 Restricted Business District.
(4) 
No garage located on the rear half of the lot shall be less than two feet from the adjoining interior side lot line and not less than six feet from the rear property line.

§ 215-35 Maximum lot coverage.

In a C-1 Restricted Business District, the percentage of the lot area which may be occupied by a dwelling shall not exceed 50%, and the number of square feet of lot area per dwelling unit shall not be less than 1,750 square feet. Lot area restrictions for other permitted uses under this district are governed by yard restrictions as set forth in § 215-77.

§ 215-36 Use of lands for parking space restricted.

Except as provided in Article XIII of this chapter, lands in this district shall not be used for parking space in connection with a building or other use on adjoining lands in a C General Business District.

§ 215-37 Use of depth on certain lots.

The total depth that may be used for business purposes of lots facing on Sheridan Drive and zoned for C-1 Restricted Business shall be determined in accordance with the provisions of §§ 215-43 and 215-44 of this chapter.

§ 215-37.1 Landscaping.

[Added 10-20-1997 by L.L. No. 4-1997; amended 10-5-1998 by L.L. No. 1-1998; 7-2-2001 by L.L. No. 1-2001]
A. 
All buildings, except one- and two-family dwellings, yards, sidewalks, open spaces, parking areas, storage areas and service areas shall be landscaped in a manner which will harmonize with the proposed buildings and the surrounding commercial area.
B. 
The Town shall require landscaping in the form of appropriate shrub and tree plant materials arranged in rows or clusters, and designed as buffers, screens or hedges which give attractive definition to the street edges or other areas of a lot, or to screen a lot along its lot lines with adjacent properties, or to screen utility buildings, refuse collection areas, storage areas, cooling systems or other similar structures, and other similar installations and features, or to provide landscaped islands or planted sub-areas which punctuate otherwise developed internal portions of a site, in conjunction with appropriate combinations of decorative fences, walls and berms. Landscaping shall be used to give relief and natural beauty to sites within the C-1 Restricted Business District. Emphasis shall be given to landscaped treatments along the principal street edges of a site.
C. 
Areas between street curbing or the edge of rights-of-way and sidewalks, on Town-owned streets, shall be landscaped. The paving of rights-of-way shall not be permitted. Erie County or New York State rights-of-way may be improved with stamped colored concrete, brick payers, or other approved materials.
D. 
Tree planting spacing patterns of one tree for no less than every 30 linear feet of distance in a regular pattern along site edges adjoining principal business streets is required. Landscaping patterns along street right-of-way lines shall be consistent with the unobstructed view corridor standards established by § 215-8, entitled "Sight Obstructions," which requires that shrubs and similar materials generally not be higher than three feet above adjacent street grade and that street trees have branches generally no lower than 12 feet above adjacent street grade in order that views not be obstructed for approaching or departing vehicles.
E. 
Restricted Business properties which immediately abut residential properties or uses shall install a combination of minimum six-foot-high opaque fencing and tree plantings spaced, at a minimum, 30 feet center to center, or shrub plantings located a minimum of five feet center to center, along all property lines abutting residential uses.
F. 
Within large off-street parking areas measuring 25,000 square feet or more in area, the paved area for parking shall be interrupted by landscaped islands or divider strips placed within rows of parking spaces so that no row of parking exceeds 15 spaces without being interrupted by a landscaped island (a mid row island). The landscaped islands shall have a minimum width of eight feet and a minimum length of 36 feet and shall be planted with two deciduous trees for each landscaped island. The islands shall be curbed or provided with an acceptable alternative edge definition material.
G. 
All plants, trees and shrubs shall be planted in accordance with a planting schedule provided by the applicant and approved by the Town. Landscape materials selected shall be appropriate to the growing conditions of this climatic zone. All trees shall be plant species having a minimum caliper of three inches measured two feet above ground level at the time of planting, an average crown spread of greater than 15 at maturity and trunks which can be maintained in a clean condition, free of branches from grade to generally 12 feet above grade along principal street edges and 10 feet above grade elsewhere. Trees having an average mature spread of less than 15 feet may be substituted by grouping the same so as to create the equivalent of a fifteen-foot crown. Shrubs shall be a minimum of two feet in height when measured immediately after planting. Hedges, when measured, shall be planted and maintained so as to form a continuous visual screen within two years after time of planting.