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.
E.
Bank or brokerage or financial institutions.
G.
Mortuary.
H.
Convalescent home and nursing home.
I.
General office of any type.
J.
Computer services.
K.
Insurance office.
L.
Real estate office.
B.
All activities, except automobile parking, shall be
conducted wholly within an enclosed structure.
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]
A.
Front yard.
(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:
(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.
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.
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.
[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.
