4.0.1
Intent. The intent of the R1 Single-family Residential Use District
is to delineate those areas where predominantly single-family detached,
low-density residential development has occurred or is likely to occur
in the future. It is to protect the integrity of these residential
areas by prohibiting the intrusion of any use which is not compatible
with this predominant type and intensity of use. The R1 District recognizes
the value of such other permissible uses as churches, schools, libraries
and other educational buildings, and playgrounds.
4.0.2
Permitted uses. Within the R1 District, permitted principal, special
and accessory uses shall be as specified in the following sections.
Permitted uses in the R1 District are further identified in section
4.14 of this article, entitled "Use regulation table".
4.0.2.c
Special permitted uses. The following uses may be permitted
in the R1 Residential Use District Consistent with the provisions
of this law and provided that a special use permit is approved by
the planning board:
1.
Adult care facilities.
2.
Churches or places of worship.
3.
Libraries.
4.
Museums.
5.
Private parking lots.
|
The following use may be permitted in the R1 Residential Use
District consistent with the provisions of this law and provided that
this special use permit is permitted by the zoning board of appeals.
| |
|
1.
|
Home occupations.
|
4.0.3
Dimensional requirements. The dimensional requirements for this district
are specified in section 6.1, entitled "City of Olean zoning law density
control schedule," which is part of this law.
4.1.1
Intent. The intent of the R2 Single-family/General Residential Use
District is to delineate those areas where there are generally lot
sizes somewhat smaller than those in the R1 District but which are
predominantly single-family detached, low-density residential in character
and where such development is likely to continue to occur in the future.
It is to protect the integrity of these residential areas by prohibiting
the intrusion of any use which is not compatible with this predominant
type and intensity of use. The R2 District recognizes the value of
such other permissible uses as churches, schools, libraries and other
educational buildings, and playgrounds.
4.1.2
Permitted uses. Within the R2 District, permitted principal, special
and accessory uses shall be as specified in the following sections.
Permitted uses in the R2 District are further identified in section
4.14 of this article, entitled "Use regulation table".
4.1.2.c
Special permitted uses. The following uses may be permitted
in the R2 Residential Use District consistent with the provisions
of this law and provided that a special use permit is approved by
the planning board:
1.
Adult care facilities.
2.
Churches or places of worship.
3.
Libraries.
4.
Museums.
5.
Private golf courses.
6.
Private parking lots.
|
The following use may be permitted in the R2 Residential Use
District consistent with the provisions of the law and provided that
this special use permit is permitted by the zoning board of appeals.
| |
|
1.
|
Home occupations.
|
4.1.3
Dimensional requirements. The dimensional requirements for this district
are specified in section 6.1, entitled "City of Olean zoning law density
control schedule", which is part of this law.
[L.L. No. 7-02, § 1, 11-26-2002]
4.2.1
Intent. The intent of the R3 General Residential Use District is
to delineate those areas where predominantly detached single-family,
moderate density residential development and some two-family residential
development has occurred or is likely to occur, to allow in special
instances in accordance with site plan review, multiple-family dwellings
and dwelling groups and to protect the integrity of these residential
areas by controlling the type and intensity of uses so that the overall
character and density of the neighborhood is preserved. The R3 District
recognizes the value of such other permissible uses as churches, schools,
libraries and other educational buildings, playgrounds, and general
hospitals under the conditions set forth in this law.
4.2.2
Permitted uses. Within the R3 District, permitted principal, special
and accessory uses shall be as specified in the following sections.
Permitted uses in the R3 District are further identified in section
4.14 of this article, entitled "Use regulation table".
4.2.2.a
Permitted principal uses.
1.
Adult care facilities.
2.
Agricultural uses.
3.
Churches or places of worship.
4.
Detached single-family dwellings.
5.
Governmental uses.
6.
Libraries.
7.
Multi-family dwellings.
8.
Nursery schools.
9.
Public or private schools.
10.
Public parks and recreational uses.
11.
Semi-detached single-family dwellings.
12.
Senior citizen housing.
13.
Two-family dwellings.
4.2.2.c
Special permitted uses. The following uses may be permitted
in the R3 General Residential Use District consistent with the provisions
of this law and provided that a special use permit is approved by
the planning board:
1.
Bed and breakfasts.
2.
Clustered projects.
3.
Colleges and institutions of higher education.
4.
Day care centers.
5.
Hospitals.
6.
Medical clinics.
7.
Museums.
8.
Non-profit clubs, membership.
9.
Nursing (and convalescent) homes.
10.
Private parking lots.
11.
Townhouses.
12.
Accessory uses and structures customarily incident to any of the
uses mentioned herein, and not on the same lot.
|
The following use may be permitted in the R3 Residential Use
District consistent with the provisions of this law and provided that
this special use permit is permitted by the zoning board of appeals.
| |
|
1.
|
Home occupation uses.
|
4.2.3
Dimensional requirements. The dimensional requirements for this district
are specified in section 6.1, entitled "Law density control schedule",
which is part of this chapter.
4.3.1
Intent. The intent of the RT Residential Transition Use District
is to delineate those areas adjacent to the central commercial and
business districts which currently contain a mixture of residential
and business uses, to allow in specific instances in accordance with
site plan review multiple family dwellings and clustering (dwelling
groups), and to promote the continuation of these compatible mixtures
of uses as desirable areas and as buffers between intensive commercial
and residential use districts.
4.3.2
Permitted uses. Within the RT District, permitted principal, special
and accessory uses shall be as specified in the following sections.
Permitted uses in the RT District are further identified in section
4.14 of this article, entitled "Use regulation table".
4.3.2.a
Permitted principal uses.
1.
Adult care facilities.
2.
Antique and craft shops.
3.
Art galleries.
4.
Banks and financial institutions.
5.
Barber and beauty shops.
6.
Bed and breakfasts.
7.
Churches or places of worship.
8.
Day care centers.
9.
Detached single-family dwellings.
10.
Dwelling units above first floor businesses.
11.
General business offices.
12.
Government uses.
13.
Hotels and motels.
14.
Inns.
15.
Libraries.
16.
Multi-family dwellings.
17.
Museums.
18.
Newspaper and publishing facilities.
19.
Non-profit membership clubs.
20.
Nursery schools.
21.
Nursing and convalescent homes.
22.
Personal service establishments.
23.
Photographic studios.
24.
Private or public schools.
25.
Professional offices.
26.
Professional office buildings.
27.
Public parks and recreational uses.
28.
Recreation, commercial.
29.
Restaurant, standard.
30.
Semi-detached single-family dwellings.
31.
Senior citizen housing.
32.
Townhouses.
33.
Two-family dwellings.
4.3.2.c
Special permitted uses. The following uses may be permitted
in the RT Residential Transition Use District consistent with the
provisions of this law and provided that a special use permit is approved
by the planning board:
1.
Bars and night clubs.
2.
Colleges and institutions of higher education.
3.
Commercial parking lots.
4.
Drive-in uses.
5.
Dry cleaning businesses.
6.
Funeral homes.
7.
Public utilities or transportation uses.
8.
Recreation, commercial.
9.
Retail businesses and commercial uses other than those specified
above.
10.
Self-service laundries.
11.
Theaters.
12.
Veterinary hospitals.
4.3.3
Dimensional requirements. The dimensional requirements for this district
are specified in section 6.1, entitled "Law density control schedule",
which is part of this law.
4.4.1
Intent. The intent of the CC City Center Use District is to delineate
the city center area which is primarily utilized and is appropriate
for a more intensive mixture of interactive retail, cultural, conference
and meeting, lodging, business and personal service, financial, institutional,
office, residential and governmental uses and to provide and promote
a full range of city center uses that serve the needs of the surrounding
city and county populations and to ensure that any use permitted is
compatible with the character of the district and its permitted types
and intensities of use. The purpose of the CC District is also to
recognize the unique historical character of the city center as a
part of the heritage of the City of Olean and Cattaraugus County.
4.4.2
Permitted uses. Within the CC Use District, permitted principal,
special and accessory uses shall be as specified in the following
sections. Permitted uses in the CC Use District are further identified
in section 4.14 of this article, entitled "Use regulation table."
4.4.2.a
Permitted principal uses.
1.
Adult care facilities.
2.
Antique and craft shops.
3.
Art galleries.
4.
Banks and financial institutions.
5.
Barber and beauty shops.
6.
Bars and night clubs.
7.
Bed and breakfasts.
8.
Bowling alleys.
9.
Churches or places of worship.
10.
Colleges and institutions of higher education.
11.
Commercial parking lots.
12.
Day care centers.
13.
Dry cleaning businesses.
14.
Dwelling units above first floor businesses.
15.
Garage service and repair uses.
16.
General business office uses.
17.
Governmental uses.
18.
Hotels and motels.
19.
Inns.
20.
Libraries.
21.
Medical clinics.
22.
Multi-family dwellings.
23.
Museums.
24.
Newspaper and publishing facilities.
25.
Non-profit membership clubs.
26.
Non-vehicle repair shops.
27.
Nursery schools.
28.
Parking structures.
29.
Personal service establishments.
30.
Photographic studios.
31.
Professional offices.
32.
Professional office buildings.
33.
Public and private schools.
34.
Public parks and recreational uses.
35.
Public utilities or transportation uses.
36.
Recreation, commercial.
37.
Research laboratories.
38.
Retail businesses and commercial uses other than those listed above.
39.
Self-service laundries.
40.
Senior citizen housing.
41.
Standard and fast food restaurants.
42.
Theaters.
43.
Townhouses.
44.
Vehicle sales and/or repair uses.
45.
Warehousing and wholesale and retail distribution centers including
offices and showrooms.
4.4.3
Dimensional requirements. The dimensional requirements for this district are specified in section 6-1, entitled "Law density control schedule", which is part of this law.
4.5.1
Intent. The intent of the GC General Commercial Use District is to
delineate areas in the city which are currently used or are appropriate
for general commercial or business uses which provide a range of retail
and personal services in order to fulfill recurring needs of residents
and visitors and which by the nature or scale of the operations permitted
and careful site planning are compatible with adjoining commercial
and residential areas.
4.5.2
Permitted uses. Within the GC District, permitted principal, special
and accessory uses shall be as specified in the following sections.
Permitted uses in the GC District are further identified in section
4.14 of this article, entitled "Use regulation table".
4.5.2.a
Permitted principal uses.
1.
Adult care facilities.
2.
Amusement game centers.
3.
Antique and craft shops.
4.
Art galleries.
5.
Banks and financial institutions.
6.
Barber and beauty shops.
7.
Bars and night clubs.
8.
Bed and breakfasts.
9.
Bowling alleys.
10.
Car washes.
11.
Churches or places of worship.
12.
Clustered projects.
13.
Colleges and institutions of higher education.
14.
Commercial parking lots.
15.
Day care centers.
16.
Drive-in uses.
17.
Dry cleaning businesses.
18.
Dwelling units above first floor businesses.
19.
Garage service and repair uses.
20.
Gasoline filling stations.
21.
Gasoline/grocery service marts.
22.
General business office uses.
23.
Government uses.
24.
Hotels and motels.
25.
Inns.
26.
Libraries.
27.
Medical clinics.
28.
Multi-family dwellings.
29.
Museums.
30.
Newspaper and publishing facilities.
31.
Non-profit membership clubs.
32.
Non-vehicle repair shops.
33.
Nursery schools.
34.
Nursing and convalescent homes.
35.
Parking structures.
36.
Personal service establishments.
37.
Photographic studios.
38.
Professional offices.
39.
Professional office buildings.
40.
Public and private schools.
41.
Public parks and recreational uses.
42.
Public utilities or transportation uses.
43.
Research laboratories.
44.
Recreation, commercial.
45.
Retail businesses and commercial uses other than those listed above.
46.
Standard and fast food restaurants.
47.
Self-service laundries.
48.
Senior citizen housing.
49.
Theaters.
50.
Vehicle sales and/or repair uses.
51.
Veterinary hospitals.
52.
Warehousing and wholesale and retail distribution centers including
offices and showrooms.
4.5.2.b
Permitted accessory uses, buildings and structures.
1.
Accessory uses and structures customarily incident to any of the
uses mentioned for this use district, and not on the same lot.
2.
Accessory uses and structures customarily incident to any of the
uses mentioned for this use district, and on the same lot.
3.
Antennas.
4.
Home occupations.
5.
Private parking lots.
4.5.2.c
Special permitted uses. The following uses may be permitted
in the GC General Commercial Use District consistent with the provisions
of this law and provided that a special use permit is approved by
the Planning Board:
[Added 6-9-2015 by L.L.
No. 3-2015]
4.5.3
Dimensional requirements. The dimensional requirements for this district
are specified in section 6.1, entitled "Law density control schedule",
which is part of this law.
4.6.1
Intent. The intent of the Waterfront Conservation use district established in this section is to recognize the unique role which the Allegheny River and Olean Creek and their waterfront areas have played in the formation, growth and life of the City of Olean. All construction within this use district is required to conform with the provisions of chapter 9 of part II of the Code of Ordinances of the City of Olean, entitled "Flood Prevention". The objectives of this district are:
1.
To provide for a compatible mixture of waterfront-related uses, including
recreational, park, open space and boating uses, as well as limited
waterfront enhanced uses such as waterfront-related residential and
commercial uses;
2.
To encourage appropriate land development, including the utilization
of land and buildings and the adaptive reuse of existing structures,
which is in harmony with the conservation of the district's general
recreational and open space character and the historic environmental
areas adjacent to the creek and river;
3.
To recognize the sensitivity of the unique waterfront environment
in this area and reinforce appropriate safeguards to protect the area
from periodic flooding, soil erosion, sedimentation and slope failure
due to unregulated construction, removal of vegetation, dredging,
filling, damming or channelization;
4.
To further protect scenic views of the creek, river, open space areas
and mountains;
5.
To provide for a mix of land uses and developments as well as active
and passive recreational areas and opportunities that take advantage
of the unique location and characteristics of the waterfront area;
6.
To promote the maintenance and/or extension of public access to the
river and creek, when practical and feasible, and where such access
relates to and is compatible with the primary purpose of the proposed
development or activity.
7.
To provide for a variety of activities in a planned, controlled environment
in a manner blending all uses into a functionally and aesthetically
complementary whole.
4.6.2
Permitted uses. Within the Waterfront Conservation Use District,
permitted principal, special and accessory uses shall be as specified
in the following sections. Permitted uses in the WC Use District are
further identified in section 4.14 of this article, entitled "Use
regulation table".
4.6.2.a
Permitted principal uses.
1.
Adult care facilities.
2.
Antique and craft shops.
3.
Art galleries.
4.
Banks and financial institutions.
5.
Bars and night clubs.
6.
Barber and beauty shops.
7.
Bed and breakfasts.
8.
Churches or places of worship.
9.
Clustered projects.
10.
Commercial parking lots.
11.
Detached single-family dwellings.
12.
Dwelling units above first floor businesses.
13.
Government uses.
14.
Hotels and motels.
15.
Inns.
16.
Libraries.
17.
Multi-family dwellings.
18.
Museums.
19.
Non-profit clubs, membership.
20.
Personal service establishments.
21.
Photographic studios.
22.
Public parks and recreational uses.
23.
Public utilities or transportation uses.
24.
Semi-detached one-family dwelling units.
25.
Theaters.
26.
Townhouses.
27.
Two-family dwellings.
4.6.2.b
Permitted accessory uses, buildings and structures.
1.
Accessory uses and structures customarily incident to any of the
uses mentioned for this use district, and not on the same lot.
2.
Accessory uses and structures customarily incident to any of the
uses mentioned for this use district, and on the same lot.
3.
Antennas.
4.
Home occupations.
5.
Private parking lots.
4.6.2.c
Special permitted uses. The following uses may be permitted
in the WC Waterfront Conservation Use District consistent with the
provisions of this chapter and provided that a special use permit
is approved by the Planning Board:
[Amended 6-9-2015 by L.L.
No. 3-2015; 6-24-2015 by L.L. No. 4-2015]
4.6.3
Dimensional requirements. The dimensional requirements for this district are specified in section 4.6.6. below.
4.6.4
Off-street parking requirements and loading requirements. The off-street parking and loading regulations are specified in article 10, sections 10.3 and 10.4, of this law.
4.6.6
Site plan review. Site plan review and approval shall be required for all uses permitted within the WC District. In addition to the general requirements for site plan review and approval as specified in article 9 of this law, the following standards shall apply to site plan review within the WC Use District:
4.6.6.a
A maximum of 40% of the gross land area in the proposed development
parcel may be devoted to a building development. Said maximum shall
include the land area devoted to all principal and accessory structures
but shall exclude any space devoted to required yards, open space
and recreation uses and streets and required off-street parking within
the parcel as defined in the regulations for this use district.
4.6.6.b
A minimum of 30% of the gross land area shall be devoted to
open space as defined in this zoning chapter. This open space area
shall not include area devoted to streets, roads, or required off-street
parking within the development parcel.
4.6.6.c
Setbacks from dikes or base floodline. No building shall be
located closer than 35 feet to a dike, if a dike exists in the area,
or to the base flood elevation line as established by the Federal
Emergency Management Agency (FEMA) as part of the national flood insurance
program (NFIP), if no dike exists in the area. No structures are permitted
to be developed within the floodway as defined by the Federal Emergency
Management Agency and depicted on the most current FEMA flood insurance
rate map for the City of Olean except in accordance with the regulations
of FEMA.
4.6.6.d
Height limitation. No buildings shall exceed a maximum height
of 35 feet in this use district.
4.6.6.e
Minimum lot area. No lot shall be less than 4,000 square feet
in area.
4.6.6.f
Minimum yard requirements. No front yard shall be less than
15 feet in depth. No side yard shall be less than four feet in depth.
No rear yard shall be less than 10 feet in depth.
4.6.6.g
Separation between buildings on the same lot. No two buildings
located on the same lot shall be separated from each other by a distance
of less than five feet.
4.7.1
Intent. The intent of the I Industrial Use District is to delineate areas within the city which are used for and are appropriately suited to manufacturing, distribution, major wholesaling, research and testing, warehousing, processing or other industrial uses which contribute jobs and tax base to the economy of the region, are consistent with the standards described in article 10 and do not create serious problems of compatibility with other land uses and to regulate such industrial development so that it will be of benefit to the city and its citizens.
4.7.2
Permitted uses. Within the I District, permitted principal, special
and accessory uses shall be as specified in the following sections.
Permitted uses in the I District are further identified in section
4.14 of this article, entitled "Use regulation Table".
4.7.2.a
Permitted principal uses.
1.
Auto-body repair/metal finishing shop.
2.
Adult care facilities.
3.
Cemeteries.
4.
Colleges and institutions of higher education.
5.
Contractor yards and equipment.
6.
Crematories/crematoriums.
7.
Dry cleaning businesses.
8.
Funeral homes.
9.
Garage service and repair uses.
10.
General business office uses.
11.
Governmental uses.
12.
Hotels and motels.
13.
Manufacture, fabrication, extraction, assembly, and other handling
of material, including offices and show-rooms.
14.
Newspaper and publishing facilities.
15.
Parking lots, commercial.
16.
Parking structures.
17.
Professional offices.
18.
Professional office buildings.
19.
Public parks and recreational uses.
20.
Public utilities or transportation uses.
21.
Recreation uses, commercial.
22.
Research laboratories.
23.
Trucking terminals.
24.
Vehicle sales and/or repair uses.
25.
Warehousing and wholesale and retail distribution centers including
offices and showrooms.
4.7.2.b
Permitted accessory uses, buildings and structures.
4.7.2.c
Special permitted uses.
[Amended 6-9-2015 by L.L.
No. 3-2015; 6-24-2015 by L.L. No. 4-2015]
1.
Banks and financial institutions.
2.
Bars and night clubs.
3.
Day-care centers.
4.
Drive-in uses.
5.
Gasoline filling stations.
6.
Gasoline/grocery service marts.
7.
Nonvehicle repair shops.
8.
Retail businesses and commercial uses other than those listed above.
9.
Solar energy production facility.
10.
Standard and fast food restaurants.
11.
Telecommunications towers.
12.
Veterinary hospitals.
13.
Shelters.
[Added 12-22-2015 by L.L.
No. 7-2015]
4.7.3
Dimensional requirements. The dimensional requirements for this district
are specified in section 6.1, entitled "Law density control schedule",
which is part of this law.
4.8.1
Intent. The intent of the I2 General Industrial Use District is to
delineate areas within the city which are used for and are appropriately
suited to manufacturing, distribution, major wholesaling, research
and testing, warehousing, processing or other industrial uses which
contribute jobs and tax base to the economy of the region and commercial
uses, providing that such industrial and commercial uses are consistent
with the standards described in article X and do not create serious
problems of compatibility with other land uses and to regulate such
development so that it will be of benefit to the city and its citizens.
4.8.2
Permitted uses. Within the I2 District, permitted principal, special
and accessory uses shall be as specified in the following sections.
Permitted uses in the I2 District are further identified in section
4.14 of this article, entitled "Use regulation table".
4.8.3
Dimensional requirements. The dimensional requirements for this district
are specified in section 6.1, entitled "Law density control schedule",
which is part of this law.
4.9.1
Intent. The intent of the I3 Special Industrial Use District is to delineate areas within the city which are used for and are appropriately suited to manufacturing, distribution, major wholesaling, research and testing, warehousing, processing or other industrial uses which contribute jobs and tax base to the economy of the region and commercial uses, providing that such industrial and commercial uses are consistent with the standards described in article 10 and do not create serious problems of compatibility with other land uses and to regulate such development so that it will be of benefit to the city and its citizens.
4.9.2
Permitted uses. Within the I3 District, permitted principal, special
and accessory uses shall be as specified in the following sections.
Permitted uses in the I3 District are further identified in section
14.4 of this article, entitled "Use regulation table".
4.9.2.c
Special permitted uses.
1.
Includes all special permitted uses, buildings and structures allowed in section 4.7.2.c of this law.
2.
Adult uses so long as they conform
to the following requirements:
a)
An adult use shall not be located within a three-hundred-foot
radius of any property currently in residential use.
b)
No adult use shall be located within a six-hundred-foot radius
for another adult use.
c)
No adult use shall be located within a five-hundred-foot radius
of any house of worship, school, day care center, park or playground,
civic facility, or historic resource.
d)
No more than one adult use shall be located on any lot.
e)
No adult use shall be located in any building that is used in
whole or part for residential uses.
f)
All building opening, including doors and windows shall be located,
covered or screened in such a manner as to prevent a view into the
establishment from any public street, sidewalk or parking area.
g)
As a condition of approval of any adult use, there shall be restriction that there shall be no outdoor, sign, display or advertising of any kind other than one identification sign limited to only the name of the establishment. Such a sign shall be reviewed by the planning board in conjunction with the conditional use application and shall conform to all signage requirements of said this local law as per section 11-1 "Signs".
h)
No loudspeaker or sound equipment shall be used by adult uses
that can be heard by the public from outside the establishment.
4.9.3
Dimensional requirements. The dimensional requirements for this district
are specified in section 6.1 entitled "Law density control schedule",
which is part of this law.
[1]
Editor's note: This table is included as an attachment to this chapter.
4.15.1
No effluent or matter of any kind shall be discharged into any
stream or body of water which violates established stream standards
of the New York State Department of Environmental Conservation or
otherwise causes objectionable odors or fumes or which is poisonous
or injurious to human, plant or animal life.
4.15.2
No person, firm or corporation shall strip, excavate or otherwise
remove top soil for sale, or for use other than on the premises from
which the same shall be taken except in connection with the construction
or alteration of a building in such premises and excavation or grading
incidental thereto.
4.15.3
No use shall be permitted which will produce corrosive, toxic
or noxious fumes, glare, fire, explosion, electromagnetic disturbance,
radiation, smoke, cinders, odors, obnoxious dust or waste, undue noise
or vibration or other objectionable features so as to be detrimental
to the public health, safety, or general welfare unless conducted
under proper and adequate standards.
4.15.4
Dumping or storage of material in a manner that facilitates
the breeding of vermin or endangers health in any way shall not be
permitted.
