[Amended 1-30-1984 by L.L. No. 1-1984; 10-20-1997 by L.L. No.
4-1997]
A.
In a C General 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, M-F Multifamily Dwelling District
or the C-1 Restricted Business District or for one or more of the
following:
C.
All activities, except automobile parking, shall be conducted wholly within an enclosed structure erected in conformance with § 215-39 of this chapter. The displaying, storing and selling of seasonal-type merchandise and products which are related to the retail activities carried on in the structure erected in conformance with § 215-39 of this chapter, except as described in Subsection D hereof, are permitted outside of an enclosed structure, provided that said merchandise and products are neither subject to harm by exposure to the elements nor hazardous, harmful or injurious to abutting premises.
E.
Residential uses in the C General Business District
must comply with residential property line setback restrictions and
applicable restrictions.
[Amended 11-18-1985 by L.L. No. 8-1985; 6-7-1993 by L.L. No. 3-1993; 4-7-1997 by L.L. No. 2-1997]
A.
The exterior walls of any building erected in a C General Business District to be used for the permitted uses set forth in § 215-38 shall be of any type of construction as identified by the New York State Uniform Fire Prevention and Building Code, provided that distance separations as specified for such construction are adhered to and all other requirements of said code are complied with.
[Amended 10-20-1997 by L.L. No. 4-1997]
B.
No structure shall exceed 45 feet in height, except
that chimneys, towers or similar structures, whether located upon
and constituted as an integral part of a principal structure or erected
separately, may be erected above the height limit specified, but are
limited to, a height not exceeding 60 feet above the average finish
grade. Mechanical space for building equipment placed on the building
roof may be permitted above the maximum height specified, provided
that such mechanical space is set back a minimum of 15 feet from any
exterior walls, does not exceed 15 feet in height (above the finish
roof line of the building upon which it is installed) and is adequately
screened from view.
[Amended 10-20-1997 by L.L. No. 4-1997]
A.
Gasoline filling stations and auto repair shops shall be of the drive-in type, and no operation therewith shall be allowed between the building line and the street or in the street, and no pump island shall be located within 10 feet of the street line. See § 215-72.
B.
The keeping, storing and/or parking of a vehicle or
trailer with an unladen weight of 10,000 pounds or more is prohibited
in a C General Business District, except for those vehicles used for
delivery purposes where the vehicle is removed from the property within
each 24 hours.
[Amended 1-30-1984 by L.L. No. 1-1984; 12-19-1988 by L.L. No.
7-1988; 10-20-1997 by L.L. No. 4-1997]
A.
The total capacity of gasoline that may be stored
at filling stations located in a C General Business District shall
be limited to 48,000 gallons, to be entirely of underground storage,
with a maximum capacity of individual tanks to be 12,000 gallons,
and shall be installed in accordance with rules and regulations of
the National Fire Protection Association and inspected and approved
by the Code Enforcement Officer. These rules and regulations shall
apply to all underground storage tanks containing flammable liquids.
[Amended 3-26-2007 by L.L. No. 2-2007]
B.
Aboveground liquid storage tanks shall be constructed,
protected, located and maintained in accordance with the latest rules,
regulations and specifications of the National Fire Protection Association.
C.
Propane exchange facilities shall be installed, protected,
located and maintained in accordance with the latest rules, regulations
and specifications of the National Fire Protection Association. Such
facilities shall be protected against vehicle impact by barriers or
pipe bollards approved by the New York State Department of Transportation,
or other approved means.
For the purpose of this chapter, the 1/2 of
a dedicated right-of-way abutting the plot, lot or lots zoned for
C-1 Restricted Business or C General Business shall be considered
and hereinafter defined as a "business street." This shall apply to
both a restricted business street and a general business street.
Any lot facing on a business street is a business
lot. If the owner of the business lot shall own or acquire property
abutting the rear of said business lot, the property so owned or acquired
may be used for business purposes in conjunction with the lot or lots
of said owner facing on said business street, but not otherwise; provided,
however, that the combined total depth that may be used for business
purposes, which shall include the business lot and the property abutting
the rear thereof, shall not exceed 150 feet, measured from the nearest
line of the business street on which such business lot faces, except
that, on Delaware Avenue and Niagara Falls Boulevard within the limits
of the Town of Tonawanda, the depth of the premises that may be used
for business purposes shall not exceed 200 feet measuring from the
nearest line of said business street line of said business street
and except that on Sheridan Drive the depth of premises that may be
used for business or restricted business purposes shall be the depth
of the business lots facing on Sheridan Drive or 150 feet, measured
from the nearest right-of-way line of Sheridan Drive, whichever is
greater. Any building or accessory structure placed on said business
frontage, as hereinbefore extended, shall not be placed closer than
10 feet from any residential street line of said business lot as so
extended by such addition thereto or as shown on Plate E.[1]
[1]
Editor's Note: Plate E is included at the end of this chapter.
When a street designated as a business street
shall have lots running parallel thereto and facing intersecting residential
streets, the lots adjacent to the business street shall be deemed
business lots, and business uses shall be allowed to a depth from
the business street of not over 150 feet and only when utilized as
an accessory use to the current business occupying the lot bordering
on the business street. On Delaware Avenue, Niagara Falls Boulevard,
Sheridan Drive and Grand Island Boulevard, a building constructed
thereon shall not be located less than 15 feet from the adjacent lot
line, as shown on Plate E,[1] and not less than 10 feet from the residential street lot line and the required distance from the business street, as established by this chapter according to the width of the business street, provided that in the case of corner lots having frontage on Delaware Avenue, Niagara Falls Boulevard or Grand Island Boulevard, the business depth shall be interpreted as 200 feet, and in the case of corner lots having a frontage on Sheridan Drive, zoned for business or restricted business, the depth of such lots that may be used for business purposes shall be the depth of such business lots or 150 feet, measured from the nearest right-of-way line of Sheridan Drive, whichever is greater. The setbacks from the residential side street lot line need not be more than three feet, provided that the building is set back 65 feet from the front property lines. (For accessory structures, see § 215-51.)
[1]
Editor's Note: Plate E is included at the end of this chapter.
A.
In the case of any business lots fronting on Delaware
Avenue, Niagara Falls Boulevard, Sheridan Drive or Grand Island Boulevard,
the front yard depth shall not be less than 65 feet. This provision
may be modified by the Zoning Board of Appeals. See Plate L for an
exception regarding Niagara Falls Boulevard as per conditions noted.[1]
[1]
Editor's Note: Plate L is included at the end of this chapter.
B.
The front yard depth of any lot facing that part of
Sheridan Drive between Grand Island Boulevard and Kenmore Avenue shall
not be less than 35 feet. This provision may be modified by the Zoning
Board of Appeals.
C.
The front yard in any business district not covered by Subsections A or B of this section or § 215-79 shall be as established by adjoining business buildings or adjoining residential buildings which front on the business street, whichever is the greater, the front yards of which have not been diminished in depth in any manner.
D.
In all other cases, the front yard shall be a variable
depth according to the street widths on which located and as shown
by B on Plate G.[2]
[2]
Editor's Note: Plate G is included at the end of this chapter.
A.
For interior lots in a C General Business District,
no side yard shall be required, provided that the walls for such buildings
are constructed in accordance with the New York State Uniform Fire
Prevention and Building Code for zero clearance; provided, however,
that side yards adjoining side yards of a residential or restricted
business property shall be eight feet.
[Amended 10-5-1998 by L.L. No. 1-1998]
B.
For corner lots, a side yard of variable width shall
be required as shown on Plate G;[1] except, however, that where the building is set back from
the front street line 65 feet or more, the minimum side yard shall
be three feet and shall comply with Plate I.[2]
[1]
Editor's Note: Plate G is included at the end of this chapter.
[2]
Editor's Note: Plate I is included at the end of this chapter.
C.
The side yards for accessory structures on a corner
lot in a C General Business District shall be all on the street side;
that is, the accessory structures shall be built on the lot line away
from the street, as shown on Plate F.[3] The side yard for an interior lot abutting the ends of
lots facing another street shall be as shown on Plate G under Column
D.[4]
[Amended 12-19-1988 by L.L.. No. 7-1988]
A.
In a C General Business District, steps may project
into a front or side yard on a corner lot or into the front yard of
an interior lot.
B.
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.
C.
A canopy or cornice, constructed of noncombustible
material, may project into a required front yard and may also project
into a required side yard of a corner lot on the intersecting street
side where there is a minimum eight-foot side yard.
[Amended 3-26-1990 by L.L. No. 2-1990]
D.
A canopy or cornice, constructed of noncombustible
material, may project ahead of the building line six feet, provided
that there is a height of not less than eight feet from the grade.
[Amended 3-26-1990 by L.L. No. 2-1990]
E.
Canopies over fuel-dispensing islands may project
into the required setback to within six feet of the property, provided
that the edge of the fuel-dispensing island is located a minimum of
20 feet from the property line; the minimum height clearance under
the canopy is 11 feet; and the canopy face depth does not exceed three
feet.
[Amended 12-30-1991 by L.L. No. 1-1991; 10-20-1997 by L.L. No. 4-1997]
The rear yard depths shall be governed by the
following conditions:
A.
When abutting the side yard in a C General Business
District, the depth shall be as shown under Column C of Plate G.[1]
[1]
Editor's Note: Plate G is included at the end of this chapter.
B.
When abutting the rear end of lots also in a C General
Business District, this depth in each case shall be as shown under
Column E of Plate G.[2]
[2]
Editor's Note: Plate G is included at the end of this chapter.
C.
When abutting on an alley running along the rear of
lots in a C General Business District, this depth shall be as shown
under Column D of Plate H.[3]
[3]
Editor's Note: Plate H is included at the end of this chapter.
D.
The rear yard of a C General Business District whose
lots abut the side lot 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.[4] Said rear yard shall be maintained free from storage of
any merchandise, containerized or not, or any empty containers, supplies
and/or maintenance items.
[4]
Editor's Note: Plate E is included at the end of this chapter.
E.
The rear yard in a C General Business District whose
lots abut the rear lot lines of a residential district shall have
a depth of eight feet. Said rear yard shall be maintained free from
storage of any merchandise, containerized or not, or any empty containers,
supplies and/or maintenance items.
[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 General
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. Erie County
and New York State rights-of-way may be improved with stamped colored
concrete, brick payers, or other approved material.
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.
General Business properties which immediately abut
residential properties or uses shall install a combination of minimum
six-foot-high opaque fencing and tree plantings spaced no farther
than 30 feet center to center, or shrub plantings located no farther
than five feet center to center, along all property lines abutting
residential uses.
[Amended 3-26-2007 by L.L. No. 6-2007]
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 feet 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.
A use subordinate to the permitted uses above
specified or an industry of limited capacity incidental thereto shall
be allowed, provided that the same does not render the permitted use
secondary and provided that trailer camps, cabins, tourist camps or
camps shall not be constructed, permitted or used in a C General Business
District.
In a C General Business District, the percentage
of the lot area which may be occupied by multiple dwellings shall
not exceed 50%, and the number of square feet of the lot area per
dwelling unit shall not be less than 1,100 square feet. Apartment
hotels, motels, transient dwellings, motor hotels, motor courts and
no-bedroom or so-called one-bedroom efficiency apartments are exempt
from this regulation.
Should the principal structure on a lot not occupy the entire area outside of the front, side or rear yards, accessory structures shall be permitted to occupy the balance of the lot allowed to be occupied, except that such accessory structures shall not occupy the area provided for parking of vehicles in accordance with the off-street parking requirements as provided in Article XIII.
[Amended 1-30-1984 by L.L. No. 1-1984; 9-12-1988 by L.L. No.
4-1988; 10-20-1997 by L.L. No. 4-1997]
A.
The business of selling, dealing in, detailing or repairing new or used vehicles, whether such vehicles are owned by the business establishment or owned by individuals, shall not be carried on and conducted in an A First Residential, B Second Residential, M-F Multifamily Dwelling, C-1 Restricted Business or C General Business District, except that a dealer in new vehicles having and maintaining a permanent vehicle showroom in a C General Business District may in connection therewith and as an accessory use thereto sell and deal in secondhand or used vehicles, provided that the same shall at all times be in good state and condition, can be operated under their own power and shall comply with all of the requirements of the Vehicle and Traffic Law of the State of New York for operation thereof on the public highways. In a C General Business District, the premises on which such secondhand or used vehicles are located must be on or immediately adjacent to the premises upon which the new vehicle dealership is located. No more than three such secondhand or used vehicles shall be allowed on any adjacent used vehicle lot for each such new vehicle on the premises occupied by the facility dealing in new vehicles. Notwithstanding the above, a New-York-State-registered auto repair shop may apply for a special use permit pursuant to Article XIV of this chapter for permission to sell secondhand or used vehicles in connection with the operation of a New-York-State-registered auto repair shop and accessory thereto.
B.
In all cases where auto repair is an activity upon
the premises of a permitted establishment, no more than five unlicensed
vehicles being repaired on the premises or more than 10% of the total
vehicle storage and repair capacity of the entire premises, whichever
is less, shall be kept, stored or worked upon in any way within the
outdoor portions of the premises at any one time, and no unlicensed
vehicle shall be allowed to remain on an outdoor portion of the premises
for longer than two weeks at any one time. Portions of sites used
for this purpose shall be screened from public view through fencing
and landscaping.
[Amended 10-5-1998 by L.L. No. 1-1998]
