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.
H. Convalescent home and nursing home.
I. General office of any type.
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]
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.
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.
[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.