The boundary of the NB Neighborhood Business Zoning District shall encompass a corridor along Delaware Avenue extending from the Village of Kenmore to the south side of Brighton Road, exclusive of Mt. Olivet Cemetery. The boundary of this district shall follow property lines to include the entirety of all tax map parcels that front Delaware Avenue within the district including adjoining lots under contiguous ownership. The district shall also extend to all "business lots" as defined and limited by §
215-44, where Delaware Avenue is the "business street."
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,
Neighborhood 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 200 feet, measured from the nearest
line of the business street on which such business lot faces. 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.
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 200 feet and only when utilized as an accessory
use to the current business occupying the lot bordering on the business
street. On Delaware Avenue, a building constructed thereon shall not
be located less than 15 feet from the adjacent lot line, as shown
on Plate E, 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,
the business depth shall be interpreted as 200 feet.
The rear yard depths shall be governed by the following conditions:
A. Principal and accessory uses (including parking) shall be located
a minimum of 15 feet from an adjoining residential property.
B. The rear yard shall be landscaped and shall include an opaque fence
having a height of between six feet and 10 feet above grade as a visual
screen between the commercial uses and adjoining residential properties.
[Amended 2-23-2015 by L.L. No. 1-2015]
When new construction or substantial alteration, modification or expansion of existing structures is proposed on a nonresidential property in the NBD - Neighborhood Business District, the maximum building coverage shall be 55% and the maximum coverage of the lot with total impervious or paved surfaces (buildings, parking, storage or sidewalks) shall be 90%. The remaining 10% of the lot (green space) shall be landscaped according to the provisions established in §
215-70.51.
In an NB Neighborhood 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.
[Amended 6-17-2013 by L.L. No. 1-2013]
A. Planning Board jurisdiction. All projects located within the NB Neighborhood Business District shall be subject to site plan review per Article
XXIII of Chapter
215 of this Town Code. The Town's Planning and Development Department shall provide the Town Planning Board with the completed preliminary site plan for the NB Neighborhood Business District projects. The Town Planning Board is authorized to review and approve, approve with modifications or disapprove site plans under the provisions of Article
XXIII.
[Amended 8-29-2016 by L.L. No. 1-2016]
B. Applicability. Site plan review is required for all new land use activities, including changes in land use, new structures, significant alteration or expansion of existing structures, excavation operations, new special uses and legal conversions of existing buildings to other uses, except those specifically exempted in §
215-151.
C. Required application content. Any person, before applying for a building permit, change of use, special use permit, or before undertaking any new land use activity within the NB Neighborhood Business District, shall submit a preliminary site plan together with appropriate supporting information to the Town's Planning and Development Department for review and referral to the Town Planning Board in meeting the content requirements of §
215-152D. In addition, the following shall be included with the site plan review applications.
[Amended 8-29-2016 by L.L. No. 1-2016]
D. Site design standards.
(1)
Building and lot orientation. All structures shall be oriented
to Delaware Avenue. Loading docks, building mechanicals or waste receptacles
shall not be located so as to be visible from the facade view of the
building.
(2)
Parking and circulation.
(a)
Pedestrian access. Pedestrian access shall be provided through
parking lot(s) between the public sidewalk along Delaware Avenue and
the primary structure. Pedestrian access may be in the form of a marked
"crosswalk," stamped pavement, or sidewalk. Sidewalks shall be provided
along the full length of all facades which face a public street, include
a customer entrance, and/or are adjacent to a parking area.
(b)
Shared parking and shared access.
[1] Where the Planning Board determines it is appropriate,
an applicant may request the Zoning Board of Appeals to authorize
the joint use of the required parking spaces for two or more uses
located on the same parcel or adjacent parcels. The Planning Board
shall take into consideration hours of operation and parking demand.
Shared parking arrangements shall be depicted on a site plan approved
by the Town Planning Board, and guaranteed by a legal instrument such
as an easement, contract, agreement, or deed restriction that is approved
by all involved owners. The number of parking spaces to be shared
is at the discretion of the Zoning Board of Appeals.
[2] Prior to making application to the Planning Board, the property owner may apply to the Zoning Board of Appeals for an area variance to reduce the minimum number of off-street parking spaces required by §
215-83J, but by not more than 25% in order to provide additional landscaping. However, the parking area removed shall not be used to meet the minimum green space area required in this zoning district. This area shall be used exclusively for landscaping in accordance with the standards and criteria of this district.
[3] Spacing of curb cuts along Delaware Avenue shall
meet the requirements set forth in the NYSDOT Access Management Guidelines.
In order to facilitate improved circulation, the Planning Board shall
encourage site design that provides for shared access or cross-easement
agreements to adjacent properties which minimize curb cuts along Delaware
Avenue.
(c)
Landscaping. A landscape plan in the form of a colored rendering,
prepared by a registered landscape architect or other design professional
authorized to prepare plans, shall be submitted as part of the site
plan application materials. The landscape plan shall incorporate a
species list which includes a size, height and caliper list.
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.