[Amended 3-19-2001 by L.L. No. 1-2001; 2-14-2011 by L.L. No.
2-2011]
A.
Permitted principal uses.
(1)
General agricultural land uses, buildings and activities, such as
the growing of field, truck and tree crops, dairying, livestock raising,
poultry farming, fur farming, hog raising, fish farming, but excluding
rendering plants, subject to the following:
(b)
A two-family dwelling, provided that each dwelling unit is occupied
by no more than one family.
(c)
The building or structure used for the stabling of livestock
(including but not limited to horses, cows, sheep or fowl or other
animals) shall be located at least 100 feet from any property line.
(d)
The use of temporary buildings or trailers for the stabling
of livestock in excess of 30 days is prohibited.
(e)
Any pen, corral, track or other such enclosure within which
livestock are kept shall be no closer than 15 feet to any property
line abutting any district other than an A-R District and a minimum
of 100 feet from any street line in all districts other than an A-R
District.
(f)
Stables shall be built and maintained so as not to create offensive
odors, fly breeding or other nuisances. Manure shall not create a
health hazard from an air and/or water pollution standpoint to persons
inhabiting or using surrounding acreage and it shall be stored or
disposed of in a manner that no obnoxious odor, fly breeding or other
nuisance is created.
(g)
A stable, barn or other such structure shall be maintained for
the keeping of livestock in such manner that they may be completely
enclosed and protected.
(h)
Such livestock shall not be allowed to create a nuisance or
health hazard.
(i)
A roadside stand or other structure, not exceeding 500 square
feet of enclosed space, for the display and sale of farm or nursery
products related to farming and as a seasonal convenience to the owner/owners
of the land. The majority of the products sold at such stand shall
be, or be derived from, products produced on the farm on which the
roadside stand is located. Any such stand shall be located a minimum
of 30 feet from the street line in such a manner as to permit safe
access and egress for automobiles and parking off the highway right-of-way.
(j)
Minimum land area for horses shall be five acres for one horse
and an additional acre for each additional horse.
(2)
Single-family dwellings.
(3)
Churches, schools, parks, playgrounds.
(4)
Fire stations.
(5)
Experimental stations for agriculture or related uses.
(6)
Nurseries, greenhouses.
(7)
Cemeteries.
(8)
Forest management and other forest resource uses, including the harvesting
of timber in conformance with environmentally sound forestry practices.
(9)
Home occupations.
(10)
Farm stands larger than 500 square feet in size.
B.
C.
Uses permitted upon issuance of a special permit:
(1)
Adult/family day-care/group homes,.
(2)
Golf course or driving range with related facilities, such as clubhouse,
restaurant, pro shop.
(3)
Gun clubs or shooting ranges.
(4)
Animal cemeteries.
(5)
Sale and service of farm equipment and supplies.
(6)
Veterinary hospitals or kennels.
(7)
Butcher/meat shops.
(8)
Camping grounds.
(9)
Home business with more than two employees.
(10)
Site fill that changes the existing elevation.
(11)
Stables or riding academies where animals are rented or leased.
(12)
Wind energy conversion systems.
(13)
Cross-country ski center with related facilities, such as lodge,
ski shop, restaurant.
(14)
Communication transmission facilities operated pursuant to a
license from the Federal Communications Commission or any successor
federal or state agency.
(15)
Agriculture or animal husbandry research facilities.
(16)
Riding academies, stables.
(17)
Bed-and-breakfast establishments.
(18)
Private airfields, landing strips or related facilities.
(19)
Wineries.
F.
G.
Buffers; landscaping: A buffer of not less than 20 feet in width
shall be reserved where a residential development abuts an A-R district.
Such a buffer shall be landscaped and maintained by the abutting residential
property owner.
A.
Permitted principal uses. The permitted principal
uses shall be as follows:
(1)
General agricultural land uses, buildings and activities, such as
the growing of field, truck and tree crops, dairying, livestock raising,
poultry farming, fur farming, hog raising, fish farming, but excluding
rendering plants, subject to the following:
[Added 9-12-2016 by L.L.
No. 4-2016[1]]
(a)
These agricultural uses are intended to be allowed on existing
farms or to allow the expansion of existing farms for agricultural
uses as defined by the New York State Department of Agriculture and
Markets. These uses are specifically not allowed on any existing residential
home lot of less than two acres or on any lot in an approved subdivision.
(b)
The building or structure used for the stabling of livestock
(including but not limited to horses, cows, sheep or fowl or other
animals) shall be located at least 100 feet from any property line.
(c)
The use of temporary buildings or trailers for the stabling
of livestock in excess of 30 days is prohibited.
(d)
Any pen, corral, track or other such enclosure within which
livestock are kept shall be no closer than 15 feet to any property
line abutting any district other than an A-R District and a minimum
of 100 feet from any street line in all districts other than an A-R
District.
(e)
Stables shall be built and maintained so as not to create offensive
odors, fly breeding or other nuisances. Manure shall not create a
health hazard from an air and/or water pollution standpoint to persons
inhabiting or using surrounding acreage and it shall be stored or
disposed of in a manner that no obnoxious odor, fly breeding or other
nuisance is created.
(f)
A stable, barn or other such structure shall be maintained for
the keeping of livestock in such manner that they may be completely
enclosed and protected.
(g)
Such livestock shall not be allowed to create a nuisance or
health hazard.
(h)
A roadside stand or other structure, not exceeding 500 square
feet of enclosed space, for the display and sale of farm or nursery
products related to farming and as a seasonal convenience to the owner/owners
of the land. The majority of the products sold at such stand shall
be, or be derived from, products produced on the farm on which the
roadside stand is located. Any such stand shall be located a minimum
of 30 feet from the street line in such a manner as to permit safe
access and egress for automobiles and parking off the highway right-of-way.
(i)
Minimum land area for horses shall be five acres for one horse
and an additional acre for each additional horse.
[1]
Editor's Note: This local law also renumbered former Subsection
A(1) through (3) as Subsection A(2) through (4), respectively.
(2)
Single-family dwellings.
(3)
Churches, schools, parks, playgrounds.
(4)
Fire stations.
C.
Uses permitted upon issuance of a special use permit.
The following uses shall be permitted upon issuance of a special use
permit:
G.
Buffers, landscaping: (reserved)
[Added 8-27-2007 by L.L. No. 7-2007]
Intent. The intent of this district is to provide
areas in the Town, along major highways that abut agricultural and
residential area, for small-scale commercial use and single-family
homes. The structures for these business uses will be less than 5,000
square feet and in general be neighborhood business and agricultural
uses that blend into these rural areas.
A.
Permitted principal uses (less than 5,000 square feet).
(1)
As permitted and regulated in the R-R Districts.
(2)
Commercial agricultural uses (excluding heavy
agricultural equipment sales).
(3)
Farm market stands.
(4)
Antique stores.
(5)
Art, dance, music or photographic studios.
(6)
Esthetician service centers (spa or salon).
(7)
Small specialty/gourmet food shops and small
restaurants (no hard alcoholic beverage sales, no drive-through window
service).
[Added 3-25-2013 by L.L. No. 4-2013]
A.
Permitted principal uses. The permitted principal
uses shall be as permitted in the R-R District.
B.
Permitted accessory uses. The permitted accessory
uses shall be as permitted in the R-R District.
C.
Uses permitted upon issuance of a special use permit.
Uses permitted upon issuance of a special use permit shall be as permitted
in the R-R District.
F.
G.
Buffers, landscaping: (reserved).
B.
Permitted accessory uses. Permitted accessory uses
shall be as permitted in the R-1 District.
D.
Minimum lot sizes. The minimum lot sizes shall be
as follows:
G.
Buffers, landscaping: (reserved).
B.
Permitted accessory uses. Permitted accessory uses
shall be as permitted in the R-1 District.
C.
Uses permitted upon issuance of a special use permit.
Uses upon issuance of a special use permit shall be as permitted in
the R-2 District.
D.
Minimum lot sizes. Minimum lot sizes shall be as follows:
(1)
Single-family dwellings: as regulated in the R-1 District.
(2)
Two-family dwellings: as regulated in the R-2 District.
(3)
Multiple dwellings.
(a)
Area: 16,000 square feet for the first dwelling
unit, plus 5,000 square feet for each additional unit.
[Amended 8-14-2000 by L.L. 6-2000; 9-11-2000 by L.L. No. 7-2000]
(b)
Width: 80 feet for the first dwelling unit,
plus 10 feet for each additional unit. Widths in excess of 200 feet
shall not be required, provided that all yard requirements are met.
(c)
Three or more stories: minimum lot size shall
be as required to provide a site adequate for the principal and accessory
buildings, all required off-street parking, yards and a minimum of
15% of the gross site area devoted to landscaped open space.
F.
Buildings.
(1)
Principal. For principal buildings, the following
shall apply:
(b)
Minimum floor area per single- and two-family
dwelling unit: as regulated in the R-2 District.
(d)
Building grouping and access. Multiple dwellings
within a group development may be arranged in groups or clusters.
Each group or cluster shall abut a street; however, each multiple
dwelling 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 and emergency vehicles.
[2]
The standards of design and construction for
private streets shall meet applicable Town 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.
(3)
Lot coverage. The maximum lot coverage by all buildings
shall be 40% of the lot area.
G.
Buffers, landscaping. A buffer of not less than 20
feet in width shall be reserved where a multiple-family group development
abuts any R-1 or R-2 District. Such a buffer zone shall be landscaped
and maintained by the owner.
A.
Permitted principal uses. The permitted principal
uses shall be as follows:
(1)
Uses as permitted and regulated in R-3 Districts.
(2)
Telephone exchanges.
(3)
Real estate or insurance office.
(4)
Mortuaries.
(5)
Art, dance, music or photographic studios.
(6)
Opticians or optometrists.
(7)
Meeting rooms for private clubs, lodges or fraternal
organizations.
(8)
Indoor recreation uses such as bowling alleys, health
spas, tennis courts.
(9)
Medical offices or clinics, provided that they are
not used primarily for mental patients, drug or alcohol addicts or
for penal or correctional purposes.
(10)
Nursing or convalescent home.
(11)
Other administrative, professional or executive
offices, but not including the selling, manufacturing or storing of
merchandise.
(13)
Day-care centers.
B.
Permitted accessory uses. Permitted accessory uses
shall be as follows:
(1)
Uses as permitted and regulated in the R-3 District.
(2)
Restaurants, newsstands or other incidental services
in connection with hospitals, medical buildings, motels or nonprofit
institutions, but only when conducted (and entered) from within the
building and having no exterior display.
(3)
Other customary uses normally associated with the
principal uses.
C.
Uses permitted upon issuance of a special use permit.
The following uses shall be permitted upon issuance of a special use
permit:
F.
G.
Buffers, landscaping. A buffer of not less than 20
feet in width shall be reserved where an R-C District abuts any R-1,
R-2 or R-3 District. Such a buffer zone shall be landscaped and maintained
by the owner.
A.
Permitted principal uses. Permitted principal uses
shall be as follows:
(1)
Principal uses as permitted and regulated in the R-C
District, except any residential uses.
[Amended 11-7-2022 by L.L. No. 3-2022]
(2)
Retail sales within a completely enclosed building.
(3)
Personal service shops, e.g., barbershops, beauty
salons, shoe repair.
(4)
Laundromats, dry-cleaning and laundry pickup stations.
(5)
Restaurants.
(6)
Hotels, motels.
(7)
Banks, drive-in banks.
(8)
Boat or marine sales and service.
(9)
Drive-in restaurants.
(10)
Laundry or dry-cleaning facilities.
(11)
Theaters, assembly halls, bowling alleys.
(12)
Custom shops, including electrical, heating,
plumbing or woodworking shops.
(13)
Building materials supply, including incidental
millwork.
(14)
Machine or tool sales, rental or service.
(15)
Job and newspaper printing.
(16)
Shopping centers or plazas.
(18)
Nurseries, greenhouses.
(19)
Mobile home courts.
(20)
Golf driving ranges.
(21)
Indoor gun ranges.
[Amended 9-15-2008 by L.L. No. 8-2008]
B.
C.
Uses permitted upon issuance of a special use permit.
The following uses shall be permitted upon issuance of a special use
permit:
(1)
Special uses as permitted in the R-C District, except
any residential uses.
[Amended 11-7-2022 by L.L. No. 3-2022]
(2)
Car washes.
(3)
Drive-in theaters.
(4)
Gasoline service stations.
(6)
Commercial storage buildings.
(7)
New or used motor vehicle sales and/or service.
(8)
Kennels.
(9)
Assembly of previously prepared materials.
[Added 1-7-2019 by L.L.
No. 1-2019]
(10)
Mixed use buildings containing permitted commercial uses and residential
uses on the upper floor (limited to eight residential units in a building).
[Added 11-7-2022 by L.L. No. 3-2022]
D.
Minimum lot sizes. For minimum lot sizes, the following
shall apply:
E.
Minimum yards. For minimum yards, the following shall
apply:
F.
G.
Buffers, landscaping. A buffer of not less than 20
feet in width shall be reserved where a C-1 District abuts any R-1,
R-2 or R-3 District. Such a buffer zone shall be landscaped and maintained
by the owner.
A.
Permitted principal uses. Permitted principal uses
shall be as follows:
(1)
Uses as permitted and regulated in the C-1 District,
except for dwellings; provided, however, that existing dwellings may
be altered and enlarged, except that the number of dwelling units
may not be increased.
(2)
Warehouses.
(3)
Truck terminals.
(4)
Airports.
(5)
Contracting and construction services.
(6)
Other business, servicing, manufacturing or processing of materials, goods or products not otherwise prohibited by law when conducted in a completely enclosed building and when in conformance with M-1 performance standards, as set forth in Article XIII. Limited storage in connection with the principal use may be permitted outdoors when effectively screened, as outlined in § 200-19G(2) below. This shall not include junkyards or automobile wrecking yards.
(7)
Theme parks which may also include any other uses
permitted as principal uses in C-1 and M-1 Districts.
[Amended 9-12-2005 by L.L. 8-2005]
B.
Permitted accessory uses. Permitted accessory uses
shall be as follows:
(1)
Uses as permitted and regulated in the C-1 District,
except for any dwellings or residential uses; provided, however, that
existing dwellings may be altered and enlarged, except that the number
of dwelling units may not be increased.
[Amended 11-7-2022 by L.L. No. 3-2022]
(2)
Quarters for a caretaker or watchman.
(3)
Other customary uses normally associated with the
principal uses.
C.
Uses permitted upon issuance of a special use permit.
The following uses shall be permitted upon issuance of a special use
permit:
D.
Minimum lot sizes. Minimum lot sizes shall be required
to provide a site adequate for the principal and accessory buildings,
all required off-street parking, loading and stacking, landscaping,
yards and open spaces.
F.
B.
Permitted accessory uses. Permitted accessory uses
shall be as follows:
D.
Minimum lot sizes. Minimum lot sizes shall be required
to provide a site adequate for the principal and accessory buildings,
all required off-street parking, loading and stacking, landscaping,
yards and open spaces.
F.
A.
Intent.
(1)
In accordance with the recommendations and the
policies contained in the Love Canal Area Revitalization Agency's
(LCARA) Love Canal Land Use Master Plan and the New York State Department
of Health's (NYSDOH) Habitability Decision for the Love Canal Emergency
Declaration Area (EDA), this overlay district's intent is to protect
the health, safety and welfare of the citizens of the area while also
providing for the development of commercial business opportunities
for the area, with certain conditions.
(2)
The overlay district regulations are intended
to supplement the underlying zoning regulations to provide for the
harmony, safety and continuity of development of the Love Canal EDA
through the policies set forth by the Love Canal Land Use Master Plan
and the Habitability Decision.
C.
Objectives. These overlay district regulations are
intended to protect the health, safety and welfare of the citizens
of the Love Canal Revitalization Area and maintain compliance with
the Love Canal Land Use Master Plan, Habitability Decision and policies
set forth by LCARA and the Town of Wheatfield.
D.
Permitted principal uses. Permitted principal uses
shall be the same as permitted in the underlying zoning district(s),
with the following exceptions, which shall not be permitted uses:
F.
Uses permitted upon issuance of a special use permit.
Uses permitted upon issuance of a special use permit shall be the
same as permitted in the underlying zoning district.
G.
Buildings. For principal and accessory buildings,
the maximum building height shall be 30 feet.
H.
Site design conditions. All permitted uses shall comply
with the following:
(1)
A buffer of 50 feet from any adjacent residential
property line. Buffer area may include landscaping treatments as determined
by the Planning Board.
[Amended 10-10-2012 by L.L. No. 2-2013]
(2)
Removal and/or disposal of any soil shall be
regulated and approved by the New York State Department of Environmental
Conservation and Town of Wheatfield.
(3)
Outside storage of commercial equipment or materials,
when in compliance with zoning regulations, shall be screened from
view.
(4)
Drainage facilities shall be closed or piped
systems, except that the Town Board may allow open ditches upon recommendation
of the Planning Board and Town Engineer, after consideration of factors
such as technical feasibility, public health and safety, aesthetics
and any other factors that the Town Board deems reasonable and necessary.
[Amended 1-28-2002 by L.L. No. 2-2002; 3-4-2002 by L.L. No.
3-2002; 9-15-2008 by L.L. No. 8-2008; 3-16-2009 by L.L. No.
1-2009; 9-18-2017 by L.L. No. 7-2017]
A.
Purpose.
(1)
In accordance with the recommendations and policies of the Town
of Wheatfield Comprehensive Plan, this overlay district is designed
to better manage and accommodate increasing growth and development
along the Niagara Falls Boulevard (NFB) corridor through the implementation
of guidelines to regulate traffic and transportation, signage, design
and other health and safety issues. This overlay is also intended
to encourage the development of uses that are in harmony with the
goals of the Comprehensive Plan, improve the visual character of the
area, protect adjoining residential uses and enhance the character
of the area as an important gateway to the Town of Wheatfield.
(2)
This overlay will act to regulate the NFB corridor as a growing
commercial district. The NFB is an important transportation corridor
through the Town of Wheatfield, handling business, domestic, tourist,
and commuter traffic.
(3)
The boundary of the NFB Overlay District is referred to with
notation on the Town of Wheatfield Zoning Map and in general represents
all properties within the Town of Wheatfield having frontage on the
NFB right-of-way (ROW).
(4)
The NFB Overlay District regulations will supplement the underlying
zoning requirements and provide for safe and orderly development.
B.
Objectives and general requirements. Site plans must be prepared and submitted in accordance with § 200-77 of Article XII of the Town of Wheatfield Zoning Laws. The special regulations contained herein, which govern all proposed development and redevelopment (requiring approvals by the Planning Board or Town Board) within the boundaries of the NFB Overlay District shall be founded upon the following objectives and be in accordance with these regulations:
(1)
Emphasis shall be placed upon development and redevelopment
of existing properties.
(2)
Commercial development, based on specific standards included
in this overlay (and reference documents that the Town has created),
should complement surrounding land uses to improve the character and
provide for a positive image of the NFB Overlay District.
(3)
To promote efficient traffic flow and traffic safety, reference
should be made to both the New York State Department of Transportation
(DOT) Access Management Guidelines and Regulations and any Town of
Wheatfield requirements, for example, shared means of ingress and
egress and cross-connections to developed and developing properties.
(4)
Landscaping and setback standards shall be of an appropriate
size and scale, and aesthetically designed, so as to improve the overall
quality of the area.
(5)
All signage and lighting fixtures shall be designed to conform
to all applicable New York State and Town of Wheatfield laws and requirements
and to ensure that they help to improve the overall quality of the
area.
(6)
To protect and preserve the character and quality of the surrounding
properties in areas that abut existing residential development, appropriate
buffering shall be instituted.
(7)
Architectural designs should complement surrounding land uses
and provide for an improved and positive image of the area. Appropriate
facade designs that complement and improve the character of the area
shall be required. Views from the NFB shall be primary concern.
(8)
Designs shall take into consideration existing surrounding residentially
zoned areas and residential uses.
[Amended 11-7-2022 by L.L. No. 3-2022]
(9)
Attention should be given to the compatibility of adjoining
developments when reviewing project proposals.
(10)
Appropriate designs and site layout schemes should be utilized
to screen and improve the appearance of utility service and storage
appurtenances and stormwater detention facilities. Loading areas shall
be located towards the rear of the properties and when possible shall
be visually screened from NFB.
(12)
It should be noted that the provisions of the Airport Zone One
Overlay further address the properties contiguous to the Niagara Falls
International Airport. Where conflicts occur in the requirements,
the Airport Zone One Overlay requirements supersede the NFB Overlay
District.
C.
Permitted principal uses and related requirements. The uses permitted
in the NFB Overlay District will be the same as those permitted in
the underlying zoning district(s) with the following exceptions and
requirements:
(1)
Retail sales of used vehicles, recreational vehicles (RVs),
motorcycles, and boats shall be prohibited, unless in conjunction
with new vehicle sales, which requires an approved special use permit.
(2)
The retail sale of new vehicles, RVs and boats in zoning districts
allowing this use shall meet all the requirements of the Town "Vehicle,
Motorcycle, Recreational Van, Boats and Retail Sales Guidelines."
Copies of these guidelines are available from the Town Building Department.
(3)
Vehicle display areas for the retail sales and/or service of
new vehicles, RVs, motorcycles or boats (or used vehicles in conjunction
with new vehicle sales) in the zoning districts allowing these uses
shall not be located within a minimum of 10 feet of the right-of-way
of NFB.
(4)
No new constructed mini-storage and other storage facilities
are permitted in the NFB Overlay District, after the date of this
section revision. Existing mini-storage facilities (as of the date
of the adoption of this revised overlay) shall be considered as legal
nonconforming uses. "Mini-storage warehouse and/or self-storage" is
defined as a structure(s) partitioned into private storage spaces
of varying size, individually leased or rented for varying terms to
the public at large. The term "storage" relates to storage of furniture,
files, or other unused or seldom used items in a warehouse or other
location for an indefinite period of time. The storage of explosives,
flammable, or otherwise hazardous chemicals and/or materials shall
be prohibited. Exceptions to this provision are as noted below:
(a)
Storage within the NFB Overlay District is permitted when the
storage is an accessory use and incidental to an existing principal
use, on the same property with an approved special use permit and
site plan approved by the Planning Board. Particular attention will
focus on landscaping enhancements.
(b)
Structures existing prior to the date of this section may be converted to a storage facility with an approved special use permit and site plan review by the Planning Board. Particular attention will focus on paving, fencing, and landscaping enhancements. No expansion of the existing facility for storage will be permitted without an approved variance application from the Zoning Board of Appeals. (Refer to Article XIV, § 200-94.)
(c)
Mini-storage warehouse parking spaces: one parking space per
2,000 square feet of gross floor area.
(5)
Campgrounds and RV parks are prohibited in the NFB Overlay District
except when in conjunction with a motel or hotel with a minimum of
50 units on 10 acres of contiguous property, and in accordance with
the other Town regulations for campgrounds and RV parks.
(6)
(7)
For properties zoned M-1 and M-2 in this overlay district, the
following restrictions in the Zoning Code shall apply:
(a)
In § 200-19, M-1 Light Industrial District, Subsection A, Permitted principal uses, Subsection (1), the following restriction shall apply: uses as permitted and regulated in the R-3 District shall not be allowed. To clarify: the M-1 District allows those uses allowed in the C-1 District, which also allows uses in the R-C District, but in the overlay it does not then allow those uses allowed in the R-3 District.
(b)
In § 200-19, M-1 Light Industrial District, Subsection C, Uses permitted upon issuance of a special use permit, Subsection (1), the following restriction shall apply: uses as permitted in the R-C District shall not be allowed. To clarify: the M-1 District allows by special use permit those uses allowed by special use permit in the C-1 District, which then allows by special use permit those uses allowed in the R-C District, but in the overlay it does not allow these R-C uses.
(8)
As noted in the "Objectives and general requirements" section
of this overlay,[2] residential development in conjunction with commercial
development (approved mixed use) will be allowed in the overlay. This
can be accomplished through the construction of new mixed-use structures
or the modification/reconstruction of an existing structure. It is
not the intent of this provision of the overlay to allow stand-alone
residential structures in commercial districts. These mixed-use structures
will be allowed in any underlying Commercial (C-1) district as follows:
(a)
The conversion of an existing residential or commercial building
to a mixed-use structure or the construction of a new mixed-use structure
will require site plan approval by the Planning Board in accordance
with Town site plan procedures.
(b)
These mixed-use structures will be allowed to include uses allowed
in the C-1 District and residential uses located at the rear of the
building or on the second floor of the structure.
(c)
All other "bulk" (lot size, yards, height, coverage, etc.) and
design requirements of the C-1 District and overlay will apply to
these types of developments.
(9)
Grandfathering of existing residential uses. As of the date
of the adoption of this overlay district, which includes the above
restrictions of uses, any residential use in a commercial or industrial
district may continue as a conforming use in this district. These
residential uses will not be made nonconforming and may continue without
any restrictions that are typically placed on nonconforming uses.
This grandfathering does not allow additional buildings or uses to
be added to these sites that are not conforming to the zoning district
and overlay.
D.
Permitted accessory uses. Accessory uses will be allowed as permitted
in the underlying zoning district regulations but must meet any other
requirements listed in this overlay district.
E.
Building architectural standards. All new buildings, restorations,
expansions, special use permits, and any building project requiring
a building permit that requires site plan approval shall meet the
following requirements:
(1)
Architectural renderings, elevations, and facade treatments/building
materials and perspectives shall be presented to the Planning Board
for its review and comment. These must also include building renditions
and color selections or depict colors in the drawings. Building colors
should accent, blend with or complement the surrounding environment.
Bright or brilliant colors should be reserved for trim and accents.
Blank walls and other dull or dead spaces shall be avoided at street
level.
(2)
It is the intent of this overlay that a positive image be conveyed
through the use of appropriate building materials, facade treatments
and colors.
(3)
Brick, architectural block and other upscale building material
shall be utilized on all sides with views to the street line for any
building proposed in the overlay.
(4)
Storage unit doors shall be screened from visibility from adjoining
residentially zoned or residentially developed properties and from
the public roadways to the satisfaction of the Planning Board.
(5)
Proposed floor plans shall be submitted, at the discretion of
the Planning Board.
F.
Site plan review/design requirements. Building permits issued for property in the NFB Overlay District for any new structure and any addition that results in an increase to the existing gross square footage shall be accompanied by an approved site plan in accordance with the Zoning Law, Site Plan Review. (Refer to Article XII.) These applications must address the following design requirements:
(1)
All parking areas shall be paved in accordance with the Town's
standard details and not be located within 10 feet of the right-of-way
(ROW). The standard details for parking area pavement are available
in the Town Building Department.
(a)
Not less than 5% of the interior of a parking area designed
for 20 or more vehicles shall be devoted to the required landscaped
area.
(b)
Upright poured concrete curbing is to be provided to highlight
the landscaping. Exceptions may be allowed based upon snow removal
purposes, dumpster access, etc., at the time of the site plan review.
(2)
Parking areas shall include landscaping islands or other methodologies
to break up the monotony of these paved areas.
(3)
Entrances to NFB shall be curbed back to at least the parking
area and at the discretion of the Planning Board. Highlighted entrance/exit
signage may be required by the Board.
(4)
Projects should be "street and pedestrian friendly." Sites should
accommodate parking at the sides or rear of the building to the extent
possible, and pedestrian access should be an integral part of the
plan.
(5)
All crossings of Sawyer Creek must be paved, be at least 24
feet in width, or as directed by the Planning Board. Bridges must
also include curbing and railings that may have to meet NYSDOT requirements.
A licensed professional must certify the design of the bridge.
(6)
Spacing of curb cuts along NFB shall meet the requirements of
the NYSDOT Access Management Guidelines. Site plan design must make
every effort to provide for shared access or cross-easement agreements
to adjacent properties.
(7)
Entrances to NFB shall be minimized and located appropriately
in accordance with the standard Access Management Guidelines, as directed
by the Planning Board.
(8)
Each application shall include a traffic control plan, including
planned access to adjoining properties (cross-access agreements),
where appropriate.
(9)
All signage being proposed must be depicted on the site plan and must be in accordance with Article IX, Town Zoning Law, and the following additional requirements:
(10)
Buffering/screening. All proposed uses that abut a residential
use or a residential zoned district (R-1, R-2, R-3 or a residential
area within a PUD) must provide a minimum fifty-foot buffer area from
the property line where a residential use is located and on all sides
that abut these residentially zoned districts. This landscaped buffer
area will be completely landscaped, fenced and/or a berm constructed,
as directed by the Planning Board. The purpose of this area will be
to screen and buffer these nonresidential uses from the adjoining
residential uses and or districts. In some cases, this buffer area
may be required to be larger depending on the height and nature of
the proposed business.
[Amended 11-7-2022 by L.L. No. 3-2022]
(11)
Parking area lighting fixtures shall be of dark-sky-compliant
design and designed to illuminate the parking area only. Lighting
plans shall be submitted and must include illumination footprints
for review by the Planning Board. This design shall not create a nuisance
to adjacent properties. Lighting fixtures shall be reduced after 11:00
p.m. Security lighting and other building lighting will be allowed
to operate in accordance with Town requirements.
(12)
All applications within the Overlay District must:
(a)
Include a detailed landscape plantings and treatments designed
as an integral part of the entire development plan. The Planning Board
reserves the right to consult with a certified New York State-licensed
landscape architect at the developer's expense. The following landscape
requirements require addressing:
[1]
Reference must be made to the Town's Greenspace
Plan, and any greenspace attributes related to the project area must
be protected and incorporated into the design to the maximum extent
practicable.
[2]
Trees or other plantings must be added along the
ROW (set back the appropriate distance) not more than 30 feet on center
spacing or as directed by the Planning Board.
[3]
All parking areas must be screened from adjoining
residential uses by landscaping, fencing, berms or other acceptable
screening. Fencing viewed from the NFB must be vinyl or high-quality
wood to forestall severe weather deterioration for aesthetic and maintenance
considerations.
[4]
All areas of existing trees, including, but not
limited to, trees of 12 inches in diameter and larger, shall be identified
on the plans, and every effort should be made to save these areas.
[5]
All required landscaping areas and fences must
be maintained after installation. Inspections by the Town Building
Department shall be made after a certificate of occupancy is obtained
for a period of two years. All landscaping and fences found not in
accordance with the approved plan or to have perished will be replaced
by the owner.
[6]
Deciduous trees planted shall have a minimum caliper
of 2 1/2 inches, measured six inches above the ground. All coniferous
plantings shall be a minimum size of five feet high, with the plant
having at least a two-and-one-half-foot spread.
(b)
Refuse storage (dumpster) shall be depicted on the plans and
shall be fenced by an eight-foot fence on all four sides and not be
located near or adjacent to surrounding residential properties, preferably
not visible from the NFB.
(c)
No outdoor speakers or other noise-producing devices shall be
permitted.
(d)
See the Town of Wheatfield Design Guidelines package for additional
direction on these overlay design requirements.
H.
Vehicle, recreational van, boats, motorcycle and retail sales guidelines
are available from the Town Building Department. It is the applicant's
obligation to comply with these guidelines.
I.
Waivers. The Planning Board may waive or modify any requirements
under this section but must not diminish the intent and purpose of
the NFB Overlay District. The basis for any such waiver or modification
shall be set forth in the official minutes of the Planning Board.
[Added 3-11-2013 by L.L. No. 3-2013]
A.
Purpose.
(1)
In accordance with the recommendations and policies of the Town
of Wheatfield Comprehensive Master Plan, this overlay zone is designed
to better manage and accommodate increasing commercial and industrial
growth in and around the Niagara Falls International Airport through
the implementation of guidelines to regulate the type of business
development.
(2)
This zone will act to regulate the airport area as a growing
commercial and industrial district.
(3)
The boundary of the Airport Zone One Overlay is referred to
with notation in the attached Appendix 1, and generally represents
property adjacent to or across the roadway from the airport adjusted
to conform to establish property boundaries.[1]
[1]
Editor's Note: Appendix 1 is on file in the Town offices.
(4)
The Airport Zone One Overlay regulations will supplement the
underlying zoning restrictions and provide for safe and orderly development.
B.
Objectives.
(2)
The special regulations contained herein, which govern proposed
development and redevelopment within the boundaries of the Airport
Zone One Overlay, shall be founded upon the following objectives:
(a)
Emphasis shall be placed upon development of airport-related business,
air-transport-related business, and other airport-dependent business,
examples of which would include, but not be limited to, logistics
parks, free-trade zones, distribution centers, bonded warehouses,
international financial service providers, air cargo, perishable cargo,
express couriers, just-in-time manufacturing and some office space/conference
space.
C.
Permitted principal uses. The uses permitted in the Airport Zone
One Overlay will be consistent with the underlying zoning district(s)
with the following exceptions.
(1)
Uses as listed in Objectives, Subsection B(2)(a), are to be interpreted as being allowable uses in this overlay.
(2)
Retail stores less than 1,000 square feet are prohibited in
the Airport Zone One Overlay, unless it is part of a larger community
or tourist destination.
(3)
Long-term, medium-term, and short-term storage of radiological
materials, and storage of explosive materials, are prohibited in the
Airport Zone One Overlay, with the exclusion of materials needed for
processing of products on/or minor components of manufacturing.
(4)
Public mini storage and junk yards are prohibited in the Airport
Zone One Overlay.
|
NOTE: When interpreting allowable uses, the Code Enforcement
Officer with assistance by the Town Planning Board will utilize the
objectives of this overlay district.
|
D.
Permitted accessory uses: as permitted in the underling zoning district
regulations and meeting any other requirement(s) listed in the appropriate
zone.
E.
Building standards: all new buildings, restorations, expansions,
special use permits and building permits that require Planning Board
approval and shall meet the following requirements:
(1)
Architectural renderings and perspectives shall be presented
to the Planning Board for its review and comment. These must also
include building renditions, color selections or depict colors in
the drawing.
(2)
Structures/buildings that fall within the Niagara Falls Boulevard
Overlay District must comply with the regulations in effect.
(3)
All buildings must be within Federal Aviation Administration,
Niagara Frontier Transportation Authority, and military guidelines
for height requirement and warning lights, etc.
G.
Waivers. The Planning Board may waive or modify requirements under
this section, but must not diminish the intent and purpose of the
Airport Zone One Law. The basis for such waiver or modification shall
be set forth in the official minutes of the Planning Board.
[Added 9-12-2016 by L.L.
No. 3-2016]
A.
Purpose. Federal Aviation Administration (FAA) Part 77 Regulations
require certain height limits on structures surrounding airports in
order to provide for safe and effective operations of air traffic
at these facilities. For the protection of the public health, safety,
and general welfare, and for the promotion of the most appropriate
use of land, it is also necessary to prevent the creation or establishment
of airport hazards. These regulations vary based upon the size, type
and nature of the airport and the type of landing systems in place
for each runway. This Airport Protection Overlay District, shown on
the Town's official Zoning Map,[1] is intended to regulate development in the vicinity of
the Niagara Falls International Airport in a manner that is consistent
with FAA regulations and to protect public health, safety, and the
general welfare for and around the Niagara Falls International Airport
and its runways.
[1]
Editor's Note: The Zoning Map is on file in the Town Building
Department.
B.
Airport Protection Overlay District boundary.
(1)
The Airport Protection Overlay consists of two distinct areas:
the airport protection area and the airport potential impact area.
(2)
This overlay district area and subareas are clearly identified
on the Town's Zoning Map.
(3)
When interpreting these boundaries, any project site within
the boundary or adjacent to the boundary, as determined by the Town's
Code Enforcement Officer, will need to meet the requirements of this
overlay.
(4)
Any project site that lies on the boundary of the two sub-areas
will be considered to be within the airport protection area.
C.
Permitted principal uses. Within the borders of the Airport Overlay District, all uses are permitted as indicated in the underlying zoning district (and as limited in Subsection F.)
D.
Application procedures.
(1)
Any application for a variance (except for those relating to
a single-family home and not needing any Planning Board approvals),
a building permit (nonresidential) or a site plan or subdivision approval
within the district shall include a site survey that depicts accurate
elevations, based on United States Geological Survey data, for all
areas of the site where structures are proposed.
(2)
All projects [as described in Subsection D(1)] within the airport protection area of the district shall, upon referral by the Town Planning Board, be submitted by the applicant (proof of mailings/filings shall be provided to the Town) to the FAA and to the Niagara Frontier Transportation Authority for review and comment prior to issuance of any approval. The Planning Board will coordinate the project directly with the Niagara Falls Air Reserve Station/Department of Defense. Comments, if any, from these agencies shall be taken into consideration by the Town in the review of the proposed project. Conditions can be placed on the project in response to these comments.
[Amended 11-7-2022 by L.L. No. 3-2022]
(3)
Projects located only in the airport potential impact area will be required to complete the FAA screening tool for obstructions (copy to be supplied to the Town). If found to present a potential obstruction, the applicant must proceed to the next step of registration under FAA requirements. All correspondence resulting from this step must be provided to the Town and will be considered by the Planning Board per Subsection D(2).
(4)
Any structure proposed that is 200 feet or higher will be treated
as those in the airport protection area.
E.
Height limitations.
(1)
No structure or appurtenance within the Airport Overlay District
shall exceed the height limitations as shown on the "FAR Part 77 Surfaces"
map on file at the Wheatfield Town Hall without approval from the
FAA.
(2)
Any approval or permit by the Town may include conditions, if
any, required by the FAA.
F.
Other limitations.
(1)
Any projects proposed within the airport protection area of
the overlay district shall not have new ponds or other bodies of water
unless specifically waived by the Town (Planning Board).
(2)
Other restrictions/requirements in the airport protection area
for lighting, communication devices, issues with glare, landscaping,
storage of materials and signage may be requested or required by the
Planning Board.
