7-1-1.
Purpose. Off-street parking, loading and stacking
requirements and regulations are established in order to achieve the
following purposes:
A.
To relieve congestion so that streets can be utilized more fully
for movement of vehicular traffic;
B.
To promote the safety and convenience of pedestrians and shoppers
by locating parking areas so as to lessen car movements in the vicinity
of intensive pedestrian traffic;
C.
To protect adjoining residential neighborhoods from on-street parking;
D.
To promote the general convenience, welfare and prosperity of business,
service, research, production and manufacturing developments which
depend upon off-street parking facilities;
E.
To insure that parking facilities are designed with careful regard
to orderly arrangement, topography, landscaping and ease of access
and developed as an integral part of an overall site design; and
F.
To provide regulations and standards for the development of off-street
parking, loading and stacking facilities in accordance with the objectives
of the Comprehensive Plan.
7-1-2.
Scope of Regulations. Off-street parking, loading
and stacking facilities shall be provided as a condition precedent
to occupancy of all buildings:
A.
Whenever a new building is constructed or new use established;
B.
Whenever an existing building is altered and there is an increase
in the number of building units, seating capacity or floor area of
the building; and
C.
Whenever an existing building is changed to a more intensive use
requiring more off-street parking, loading or stacking facilities.
7-1-3.
Continuation of Facilities. Off-street parking,
loading and stacking facilities in existence on May 23, 2006 and those
required shall be continued and maintained in operation and shall
not be reduced below the requirements of this Ordinance during the
period that the principal use is maintained, unless an equivalent
number of spaces shall be provided for said use in another location.
The Zoning Enforcement Officer shall review the provision of parking
spaces, however the parking lot itself shall be reviewed in accordance
with § 8-7.
[Amended 3-4-2019 by L.L.
No. 6-2019]
7-1-4.
Rules for Computing Requirements.
A.
Fractional Requirements. When units of measurement used
in computing the number of required off-street parking, loading and
stacking spaces result in the requirements of a fractional space,
the nearest whole number of off-street parking spaces shall be required.
B.
Employees. Whenever parking requirements are based on
the number of employees, it shall mean the maximum number of employees
on duty on the premises at one time or any two successive shifts,
whichever is greater.
C.
Net Floor Area. For the purpose of calculating the minimum
requirements for off-street parking, net floor area shall be calculated
according to the following:
(1)
For a single story, single tenant building — 90 percent
of gross floor area.
(2)
For a multistory, single tenant building — 80 percent
of gross floor area.
(3)
For a single story, multiple tenant building — 85 percent
of gross floor area.
(4)
For a multistory, multiple tenant building — 75 percent
of gross floor area.
D.
Seating Capacity. The number of seating units installed
or indicated on the plans, in restaurants and areas devoted to dining,
shall not be less than one unit per 15 square feet of floor area;
where units are not indicated on the plan, it shall be assumed that
seating units will be provided at a ratio of one for each 10 square
feet of floor area. Floor area constitutes the actual area of the
assembly space not including accessory unoccupied space nor the thickness
of walls.
E.
Parking for Single- and Multi-Use Buildings or Sites.
(1)
A building occupied by one use shall provide the off-street
parking spaces as required for the specific use. A building or group
of buildings occupied by two or more uses, operating normally during
the same hours, shall provide spaces for not less than the sum of
the spaces required for each use.
(2)
For a shopping center, parking spaces shall be provided for
the total net floor area of the building or buildings as set forth
in the Schedule of Parking Requirements below, instead of the requirements
based on each separate use.
[Amended 4-12-2010 by L.L. No. 2-2010]
(3)
The Zoning Enforcement Officer may request a Parking Study consistent
with § 7-1-7A if after review of information provided, including
floor plans, such proposed use or mixture of uses may present a deficiency
in off-street parking being provided.
[Added 12-12-2022 by L.L.
No. 22-2022]
F.
Unlisted Uses. Upon receiving a development permit application
for a use not specifically listed in the Schedule of Parking Requirements,
the Zoning Enforcement Officer shall apply the off-street parking
standard specified for the listed use that is deemed most similar
to the proposed use or require a parking study in accordance with
§ 7-1-7, Alternative Parking Plan.
[Amended 12-12-2022 by L.L. No. 22-2022]
7-1-5.
No Reduction Below Requirement. Existing parking
and loading spaces may not be reduced below the requirements established
in this Section without approval of an Alternative Parking Plan by
the Zoning Enforcement Officer. Any change in use that increases applicable
off-street parking or loading requirements will be deemed a violation
of this Code unless parking and loading spaces are provided in accordance
with the provisions of this Section.
[Amended 3-4-2019 by L.L.
No. 6-2019]
7-1-6.
Schedule of Parking Requirements.
A.
Minimum Parking Requirements. Off-street parking facilities
shall be provided in quantities not less than set forth in the following
schedule:
[Amended 2-4-2008 by L.L. No. 1-2008]
Schedule of Parking Requirements
| |
---|---|
OPEN USES
|
Required Parking Spaces
|
Agricultural use
|
1 per 2 employees on maximum shift
|
Resource extraction
|
1 per 2 employees on maximum shift
|
RESIDENTIAL USES
|
Required Parking Spaces
|
Attached dwelling
|
2 per dwelling unit
|
Dormitory, fraternity, sorority house
|
1 per 2 occupants
|
Manufactured home
|
2 per dwelling unit
|
Single-family detached dwelling
|
2 per dwelling unit, plus 1 per auxiliary unit
|
Two-family
|
2 per dwelling unit
|
PUBLIC AND CIVIC USES
|
Required Parking Spaces
|
Adult care facility
|
1 per employee, plus 1 per 3 units
|
Auditoriums, gymnasiums, theaters, public assembly not otherwise
listed
|
1 per 3 seats or per 3 persons of posted capacity if permanent
seats are not installed
|
Boardinghouse
|
1 per employee, plus 1 per bed
|
Cemetery, columbaria, mausoleum, memorial park
|
1 per 50 internment plots
|
Community residential facility, group home
|
1 per employee (minimum of 2 spaces for community residences
and 5 for intermediate care facility), plus 2 per facility vehicles,
plus 1 per client vehicle, plus 4 visitor spaces
|
Community service
|
1 per 200 sf
|
Convalescent or nursing home, dwellings for elderly persons
(65 or older)
|
1 per 3 beds, plus 1 per employee
|
Day care center, child
|
1 per employee plus 1 per 8 persons of licensed capacity
|
Hospital
|
1 per bed, including emergency room and ambulatory surgery,
plus 1 per employee
|
Medical/dental office or medical facility not otherwise listed
[Amended 12-12-2022 by L.L. No. 22-2022] |
1 per 150 sf of net floor area
[Amended 1-16-2007 by L.L. No. 2-2007; 12-12-2022 by L.L. No. 22-2022] |
Surgical Center/Treatment Facility
[Added 12-12-2022 by L.L. No. 22-2022] |
3.5 spaces per 1000 sf of net floor area
|
Parks or open space not otherwise listed
|
2 per acre, plus 1 per 250 sf of park building
|
Passenger terminal
|
1 per 300 sf
|
Place of worship
|
1 per 3 seats or per 3 persons of posted capacity if permanent
seats are not installed
|
Public and semi-public buildings
|
1 per 200 sf floor area devoted to office use
|
School, nursery or primary
|
2 per classroom or as required for assembly areas, whichever
is higher
|
School, post-secondary
|
1 per 2 classroom seats, plus spaces required for assembly area
|
School, secondary
|
1 per classroom, plus spaces required for assembly area
|
Social service institution
|
1 per 2 employees on maximum shift, plus 1 per 3 beds
|
Taxi dispatch center
|
1 per employee, plus 2 visitor spaces
|
Telecommunication facility
|
1 per service vehicle
|
Utility, minor
|
None
|
Utility not otherwise listed
|
1 per facility, plus 1 per 250 sf, plus 1 per fleet vehicle
|
COMMERCIAL USES
|
Required Parking Spaces
|
Athletic, swim or health club
|
1 per 2 persons of posted maximum capacity
|
Bowling alley
|
6 spaces per alley
|
Call center
|
1 per 100 sf
|
Car wash
|
1 space per 3 employees on maximum shift, plus 3 spaces per
stall
|
Conservation, archery and gun clubs
|
Minimum 10 spaces
|
Dance, art, music or photo studio or classroom
|
1 per 75 sf of gross floor area devoted to activity
|
Funeral home or mortuary
|
20 per parlor
|
Go-cart track
|
2 per cart plus 1 per 60 sf of waiting area
|
Golf course
|
3 per hole, minimum 10 spaces
|
Golf driving range
|
1 per driving stall, plus spaces as required for retail activities
|
Hair, tanning, and other personal care services
|
2 per chair or operating station
|
Hotels, motels, tourist houses
|
1 space per room, plus 1 per 6 seats in restaurant/bar area,
plus 1 per 5 persons of posted capacity in conference or meeting room
|
Indoor recreation not otherwise listed
|
1 per 250 sf of floor area devoted to activity, plus 1 per 3
seats or 3 persons of posted capacity if there are no seats
|
Miniature golf
|
1 per hole, plus spaces required for assembly space
|
Office, professional or not otherwise listed
|
1 per 200 sf of net floor area
|
Outdoor recreation fields (Football, soccer, baseball, bocce
ball, etc.)
|
1 per 3 seats or per 3 recreation participants
|
Parking, commercial
|
1 space per employee on the maximum shift
|
Restaurant, take-out only
|
1 per 10 sf of take-out floor area
[Amended 4-12-2010 by L.L. No. 2-2010] |
Restaurant, bar, banquet hall, and dining area
|
1 per 3 seats, plus 1 per 100 sf for customer area or takeout
|
Retail sales and service not otherwise listed, not exceeding
2,000 square feet
|
7 per 1,000 sf of net floor area, minimum 5 spaces
|
Retail sales and service not otherwise listed, over 2,000 but
less than 25,000 square feet
|
5.5 per 1,000 sf of net floor area
|
Shopping center and retail sales and service not otherwise listed
(25,000 to 200,000 square feet)
|
5 per 1,000 sf of net floor area, plus 1 per 5 seats in sit-down
restaurants and theaters
|
Shopping center and retail sales and service not otherwise listed
(200,000 to 600,000 square feet)
|
5 per 1,000 sf of net floor area, plus 1 per 5 seats in theaters
|
Shopping center and retail sales and service not otherwise listed
(over 600,000 square feet)
|
5.5 per 1,000 sf of net floor area
|
Swimming pool, club or spa
|
1 per 50 sf of gross floor area and pool area devoted to activity
|
Tennis club
|
3 per court
|
Self-service storage
|
1 per 5,000 sf of area devoted to storage
|
Vehicle repair
|
5 spaces per bay plus 1 space per employee
|
Vehicles sales or rental
|
2 per 300 sf of gross floor area plus 1 per 2 employees on maximum
shift
|
Vehicle service, limited (Automobile collision and repair shop)
|
2 spaces per bay, rack, stall or pit with a minimum of 6 spaces
|
Vehicle sales and service not otherwise listed
|
1 per employee, plus 1 per 200 sf
|
INDUSTRIAL USES
|
Required Parking Spaces
|
Automobile junkyard
|
1 space per 2 employees on the maximum shift plus 10 spaces
for customer parking
|
Industrial, heavy
|
1 space per employee
|
Industrial service, light
|
1 space per employee
|
Warehouse and storage occupancies
|
1 per 1,000 sf of gross floor area or 1 space per employee,
whichever is greater
|
Waste-related service not otherwise listed
|
1 space per 2 employees plus 1 space per vehicle used in operation
|
Wholesale trade
|
1 space per employee
|
7-1-7.
Alternative Parking Plan. An alternative parking
standard may be approved by the Zoning Enforcement Officer for specific
developments or uses that are deemed to require a different amount
of parking than the standards shown in the Schedule of Parking Requirements.
The Zoning Enforcement Officer shall establish conditions necessary
to assure the adequacy of future on-site parking when approving an
alternate parking standard. Potential alternative parking plan approaches
and specific regulations are described below. In the event that the
Zoning Enforcement Officer determines that one of the following alternative
approaches produces an inadequate number of parking spaces, the Zoning
Enforcement Officer may require the provision of additional parking
or may limit the occupancy of the subject building to the extent that
the existing number of parking spaces is adequate. The Zoning Enforcement
Officer shall have the authority to require a revised study and analysis
should conditions change that may result in a change in site parking
conditions.
[Amended 3-4-2019 by L.L.
No. 6-2019]
A.
Parking Study Option. Parking studies may be required
for specific uses that have characteristics that reduce the accuracy
of standard requirements. Additionally, as an alternative, petitioners
for uses that appear on the requirements table may choose to conduct
a parking study to determine appropriate parking requirements. Many
uses have widely varying parking demand characteristics, making it
difficult to specify a single off-street parking standard. This option
is intended to allow development to meet vehicle parking and transportation
access needs by means other than providing parking spaces on-site
in accordance with the Schedule of Parking Requirements.
(1)
Parking Study. A petitioner may submit a parking
study that provides justification for the number of off-street parking
spaces proposed in a new development or expanded use if the proposed
number does not meet the requirements of the Schedule of Parking Requirements
above. A parking study shall include estimates of parking demand based
on recommendations of the Institute of Traffic Engineers (ITE), or
other acceptable estimates as approved by the Zoning Enforcement Officer,
and should include other reliable data collected from uses or combinations
of uses that are the same as or comparable with the proposed use.
Comparability will be determined by density, scale, bulk, area, type
of activity, and location. The study shall document the source of
data used to develop the recommendations.
(2)
Eligible Alternatives. A number of specific parking
and access alternatives may be considered, including off-site, shared
or valet parking or the proximity of public transportation. The Zoning
Enforcement Officer shall be authorized to consider and approve any
alternative to providing off-street parking spaces on the site of
the subject development if the petitioner demonstrates to the satisfaction
of the Commissioner of Building that the proposed plan shall result
in an equivalent or better situation with respect to surrounding neighborhoods,
town-wide traffic circulation or urban design than would strict compliance
with otherwise applicable off-street parking standards.
(3)
Review by Zoning Enforcement Officer. The Zoning
Enforcement Officer shall review the parking study and any other traffic
engineering and planning data relevant to the establishment of an
appropriate off-street parking standard for the proposed use. After
reviewing the parking study, the Zoning Enforcement Officer shall
establish a minimum off-street parking standard for the proposed use.
B.
Off-Site Parking. Off-street parking spaces may be located
on a separate lot from the lot on which the principal use is located
if approved by the Zoning Enforcement Officer and if the off-site
parking complies with the all of following standards.
(1)
Ineligible Activities. Off-site parking may not
be used to satisfy the off-street parking standards for residential
uses (except for guest parking) or convenience stores. Required parking
spaces reserved for persons with disabilities shall not be located
off-site.
(2)
Location. No off-site parking space may be located
more than 500 feet from the primary pedestrian building entrance of
the use served unless shuttle bus service is provided to the remote
parking area.
[Amended 12-16-2019 by L.L. No. 22-2019]
(3)
Zoning Classification. Off-site parking areas serving
uses located in nonresidential zoning districts shall be located in
nonresidential zoning districts, except for restricted parking lots
per § 7-1-9B(2)(b). Off-site parking areas serving
uses located in residential zoning districts may be located in residential
or nonresidential zoning districts.
(4)
Agreement for Off-Site Parking. In the event that
an off-site parking area is not under the same ownership as the principal
use served, a written agreement will be required. An attested copy
of the agreement between the owners of record shall be submitted to
the Zoning Enforcement Officer for recordation on forms acceptable
to the Zoning Enforcement Officer. Recordation of the agreement with
the Erie County Clerk's Office shall take place before issuance of
a building permit for any use to be served by the off-site parking
area. The agreement shall run with the land until terminated with
the approval of the Zoning Enforcement Officer. An off-site parking
agreement may be revoked only if all required off-street parking spaces
will be provided in accordance with this Section.
C.
Shared Use of Parking Facilities. A nonresidential use
may make arrangements with another nonresidential use that normally
has different hours of operation to share off-street parking spaces
if approved by the Zoning Enforcement Officer. The shared parking
shall comply with all of following standards.
(1)
Location. Shared parking facilities shall be located
within 500 feet from the primary pedestrian building entrance of all
uses served.
[Amended 12-16-2019 by L.L. No. 22-2019]
(2)
Zoning Classification. Shared parking areas serving
uses located in nonresidential zoning districts shall be located in
nonresidential zoning districts, except for restricted parking lots
per § 7-1-9B(2)(b). Shared parking areas serving uses
located in residential zoning districts may be located in residential
or nonresidential zoning districts.
(3)
Shared Parking Study. Those wishing to use shared
parking as a means of satisfying off-street parking requirements shall
submit a shared parking analysis to the Zoning Enforcement Officer
that clearly demonstrates the feasibility of shared parking. The study
shall be provided in a format acceptable to the Zoning Enforcement
Officer. It shall address, at a minimum, the size and type of the
proposed development, the composition of tenants, the anticipated
rate of parking turnover and the anticipated peak parking and traffic
loads for all uses that will be sharing off-street parking spaces.
(4)
Agreement for Shared Parking. A shared parking
plan shall be enforced through written agreement among the owners
of record. An attested copy of the agreement shall be submitted to
the Zoning Enforcement Officer for recordation on forms acceptable
to the Zoning Enforcement Officer. Proof of recordation of the agreement
with the Erie County Clerk's Office shall be presented to the Zoning
Enforcement Officer prior to issuance of a Building Permit. A shared
parking agreement may be revoked by the parties to the agreement only
if off-street parking is provided pursuant to this Section. Should
any of the uses be changed or the facilities discontinued, then the
required spaces for the remaining use(s) shall be provided elsewhere
as a condition precedent to the continuation of the subject use(s).
D.
Valet Parking. The Zoning Enforcement Officer may authorize
valet parking as a means of satisfying otherwise applicable off-street
parking standards, provided that the following conditions are met:
(1)
An automobile shall be retrievable from its parking space with
the movement of a maximum of two additional vehicles;
(2)
An equivalent number of valet spaces shall be available to replace
the required parking spaces. Such valet spaces do not require individual
striping, and may take into account the tandem or mass parking of
vehicles. All valet parking areas shall meet the applicable requirements
of § 7-2, Landscaping, Buffers and Screening.
(3)
Valet parking drop-off locations shall meet the requirements
of § 7-1-10, Vehicle Stacking Areas.
E.
Transportation Management Plan. The Zoning Enforcement
Officer may authorize a reduction in the number of required off-street
parking spaces for developments or uses that institute and commit
to maintaining a transportation management program, in accordance
with the standards of this Section.
(1)
Required Study. The petitioner shall submit a study
to the Zoning Enforcement Officer that clearly indicates the types
of transportation management activities and measures proposed. The
study shall be provided in a format acceptable to the Zoning Enforcement
Officer.
(2)
Transportation Management Activities. There shall
be no limitation on the types of transportation management activities
for which reductions may be granted from otherwise required off-street
parking ratios. The following measures shall serve as a guide to eligible
transportation management activities.
(a)
Transportation Coordinator. The occupant of the
development or use may appoint an employee to act as Transportation
Coordinator with responsibility for disseminating information on ride-sharing
and other transportation options may be cause for a reduction in otherwise
applicable off-street parking requirements. In addition to acting
as liaisons, Transportation Coordinators shall be available to attend
meetings and training sessions with the Town or transit providers.
(b)
Off-Peak Work Hours. Employers that institute off-peak
work schedules, allowing employees to arrive at times other than the
peak morning commute period, may be eligible for a reduction in otherwise
applicable off-street parking requirements. The peak morning commute
period is defined as 7:00-9:00 a.m.
(c)
Preferential Parking. The provision of specially
marked spaces for each registered car pool and van pool may be cause
for a reduction in otherwise applicable off-street parking requirements.
(d)
Financial Incentives. The provision of cash or
in-kind financial incentives for employees commuting by car pool,
van pool and transit may be cause for a reduction in otherwise applicable
parking requirements.
7-1-8.
Parking, Stacking and Loading Area Design Requirements. Parking, stacking and loading areas and access driveways shall be
designed, graded, constructed, altered and maintained as follows:
A.
Grading and Paving. Parking, stacking and loading areas
and access driveways shall be graded and drained so that the surface
water shall not be allowed to flow onto adjacent properties. Parking
areas and driveways shall be constructed as required by the Building
Construction Administration Code.
B.
Features. Parking, stacking and loading areas shall
be arranged, marked and maintained as shown on the parking, loading
and stacking plan approved as a part of the site plan in order to
provide for orderly and safe parking, loading and storage of vehicles.
The Planning Board may also require structural or landscape features,
including, without limitation, bumper guards, curbs, walls or fences,
to provide protection of property and persons and privacy and screening
for adjacent land uses with visual, noise and air standards considered.
A compact evergreen hedge, shrubs or other screening by a substantially
solid fence between parking areas and the side or rear lot line of
a residential district may also be required in accordance with the
standards established in § 7-2.
C.
Illumination. Parking, loading and stacking areas shall
be illuminated only to the extent necessary to insure the public safety
and in accordance with § 7-3, Site Lighting.
D.
Pedestrian Walks. Pedestrian walks between parking areas
and buildings shall be provided to assure pedestrians' safety.
E.
Driveways to Parking, Loading and Stacking Areas. Entrance
and exit driveways serving parking, loading and stacking facilities,
drive-in businesses, fee parking lots and public parking lots shall
be provided in location, size and number so as to interfere as little
as possible with the use of adjacent property and the flow of traffic
on the streets to which they connect. Driveways located in nonresidential
districts shall be located at least 10 feet from any residential zoning
district.
7-1-9.
Off-Street Parking Space and Parking Lot Design.
A.
B.
Parking Area Location.
(1)
Residential Districts and Uses. Enclosed or open
parking facilities, as required, shall be provided on the same lot
as the dwelling unit served.
(2)
Business and Industrial Districts.
(a)
General. Except for as provided in § 7-1-7C
above, in all nonresidential districts, off-street parking, loading
and stacking facilities shall be provided on the same lot as the principal
use or on another nonresidentially zoned lot, the nearest point of
which shall be within 200 feet from the nearest point of the building
served or on another noncontiguous nonresidentially zoned lot when
approved by the ZBA and located on a street classified as a major
or minor arterial. The noncontiguous lot must contain an established
allowable principal use for the zoning district in which it is located.
(b)
Restricted Parking Lots Permitted Only in R-3, R-4, MFR-5
and MFR-6 Districts. If the ZBA, after notice and public hearing
in accordance with § 8-2-3 and after receiving a recommendation
from the Planning Board, finds that the proposed parking, loading
or stacking area in an R-3, R-4, MFR-5 and MFR-6 district to be accessory
to a business use, it may authorize the Commissioner of Building to
issue a permit for the parking, loading or stacking area in such residential
districts, provided that the proposed parking, loading and stacking
area:
(i)
Will not increase the congestion on adjoining residential
streets in such a way as to promote a traffic hazard or a nuisance
to adjoining residents;
(ii)
Will be properly screened, lighted and designed
so as to prevent nuisance to adjoining residents;
(iii)
Will be landscaped as required by this Ordinance;
(iv)
Will be suitable for the proposed use;
(v)
Shall not provide more than 25 percent of the required
parking, loading and stacking area;
(vi)
At least 100 feet of said lot shall abut or be
directly across the street or alley from the business use to which
it is accessory;
(vii)
Shall not extend more than 250 feet from the
nearest property line of the business district;
(viii)
Shall be used for the purpose of passenger automobiles
only, and no commercial repairs, sales or services shall be conducted
thereon; and
(ix)
Shall be designed and constructed with driveways
and parking areas that are located not less than 10 feet from any
adjacent residential lot line.
C.
Parking Rooms. Parking serving development over 100,000
square feet of gross floor area shall be visually and functionally
segmented into smaller parking areas. A minimum of 2 parking rooms
shall be provided. The Planning Director or the Planning Board may
require the creation of more than two parking rooms based on the scale
of the development. Each smaller parking room shall be connected to
an internal system of roadways. Outparcel and parking room access
shall be taken from the internal system of roadways on the site.
[Amended 2-4-2008 by L.L.
No. 1-2008; 3-4-2019 by L.L. No. 6-2019; 12-12-2022 by L.L. No. 22-2022]
D.
Parking Lot Walkways. Parking Lot Pedestrian Medians
with walkways leading to primary building entrances as designated
by the Planning Director may be required by the Planning Board in
parking lots containing more than 180 spaces in accordance with § 7-2-3A(3)(h).
E.
A maximum
of one parking room entrance/exit for each three access rows of parking
from an internal roadway shall be permitted. Designation of internal
roadways and location of parking room entrance/exits shall be established
by the Planning Director or Planning Board during site plan review.
[Added 12-12-2022 by L.L.
No. 22-2022]
7-1-10.
Vehicular Stacking Design Requirements.
A.
Minimum Stacking Requirements. In addition to minimum
parking requirements established by § 7-1-6A above, the
following stacking areas are required. The Zoning Enforcement Officer
may require an analysis of stacking requirements be provided to determine
if additional stacking spaces will be required for a specific use
or location. The size of each stacking space shall be 20 feet in length
by 9 feet in width.
[Amended 3-4-2019 by L.L.
No. 6-2019]
Specific Use
|
Minimum Stacking Spaces
|
Measured From
|
---|---|---|
Automated teller machine
|
3
|
Machine
|
Bank teller lane
|
4
|
Teller window
|
Car Wash, Coin
|
5 per stall
|
Entrance
|
Car Wash, Rapid
|
35 per stall
| |
Drive-In Photo Facilities
|
2 per service window
|
Service window
|
Gasoline pump island
|
2
|
Pump island
|
Restaurant, drive-through
|
6
|
Order box
|
4
|
Order box to pick-up window
| |
Other Drive-In Facilities
|
5, or as determined by Zoning Enforcement Officer
[Amended 12-12-2022 by L.L. No. 22-2022] |
B.
Location. Stacking spaces may not impede on- or off-site
traffic movements or movements into or out of off-street parking spaces.
C.
Design. Stacking spaces shall be separated from other
internal driveways by raised medians if deemed necessary by the Planning
Director for traffic movement and safety.
7-1-11.
Loading Facility Design Requirements. Loading and
unloading facilities shall be provided and maintained as long as such
building is occupied or unless equivalent facilities are provided
in conformance with the regulations of this Section.
A.
Allocation of Use. Space required and allocated for
any off-street loading facility shall not be used to satisfy the space
requirements for off-street parking or stacking. An off-street loading
space shall not be used for repairing or servicing of motor vehicles.
B.
Location of Facility. All required loading facilities
shall be related to the building and use to be served to provide for
loading and off-loading of delivery and other service vehicles and
shall be so arranged that they may be used without blocking or otherwise
interfering with the use of access ways, parking or stacking facilities,
public streets or sidewalks. A required loading space shall not face
or be visible from the frontage street and shall not be located in
a required front yard or a required side or rear yard if adjoining
a residential district.
[Amended 3-4-2019 by L.L.
No. 6-2019]
C.
Access Driveways. Each required off-street loading space
shall be designed for vehicular access by means of a driveway or driveways
to a public street in a manner which will least interfere with adjacent
traffic movements and interior circulation.
D.
Minimum Size Criteria. A required off-street loading
space shall be at least 12 feet wide by at least 20 feet in length.
The above area shall be exclusive of the maneuvering space, and each
loading facility shall have a vertical clearance of at least 14 feet.
E.
Schedule of Required Loading Facilities. Off-street
loading spaces shall be provided as required below.
Use
|
Gross Floor Area
(square feet)
|
Number of Loading Spaces
|
---|---|---|
Retail Sales and Service
|
Under 5,000
|
none
|
5,000 — 50,000
|
1
| |
50,000 — 100,000
|
2
| |
Each additional 100,000
|
1 additional space
| |
Printing, warehouse and storage establishments
|
Under 40,000
|
2
|
40,000 — 100,000
|
4
| |
Each additional 50,000
|
1 additional space
| |
Industrial
|
Under 20,000
|
2
|
20,000 — 40,000
|
4
| |
Each additional 25,000
|
1 additional space
|
F.
Unlisted Uses. Any use not listed in § 7-1-11E
may provide any number of loading spaces provided that such spaces
are constructed in accordance with the standards of this subsection.
7-1-12.
Vehicle Parking and Storage on Parcels Used for Residential
Purposes.
A.
Parking or storage of any vehicle or trailer being used for commercial
purposes shall not be permitted on a residential parcel, except that
one commercial vehicle, the rated capacity of which does not exceed
3/4-ton, may be parked inside or outside of a completely enclosed
building. When parked outside of a completely enclosed building, the
commercial vehicle shall not have any commercial advertisement affixed
thereto.
B.
In the S-A district, commercial vehicles shall be allowed only when
directly associated with permitted principal uses on the same premises.
7-2-1.
Purpose. It is the purpose of this Section to:
A.
Protect and promote the public health, safety and general welfare
by requiring the landscaping of all applicable development meeting
the criteria in § 8-7-1 including parking, stacking
and loading areas (Vehicle Use Areas).
B.
Establish minimum standards and criteria for the landscaping of all
applicable development to dissuade the unnecessary clearing and disturbing
of land so as to preserve the natural and existing growth of vegetation
and to replace removed vegetation or plant new vegetation indigenous
to the Western New York region.
C.
Reduce the effects of wind and air turbulence, heat and noise, and
the glare of motor vehicle lights and parking area lights.
D.
Provide unpaved areas for the absorption of surface waters.
E.
Reduce the level of carbon dioxide and airborne pollutants and return
oxygen to the atmosphere.
F.
Prevent soil erosion.
G.
Provide shade.
H.
Conserve and stabilize property values and to otherwise facilitate
the creation of a convenient, attractive and harmonious community.
I.
Relieve the blighted appearance of parking areas.
J.
Generally preserve a healthful and pleasant environment.
K.
Implement the policies of the Comprehensive Plan.
7-2-2.
General Provisions.
A.
All developments subject to site plan review in accordance with § 8-7
shall meet the requirements of this Section. A separate landscape
plan shall be submitted and approved, approved with conditions or
denied as a part of this review procedure.
B.
The landscape plan shall be prepared by a licensed landscape architect
unless the landscape plan is submitted as part of a minor site plan
as defined in § 8-7. The contents of the landscaping
plan shall be established by the Planning Director.
C.
A revised site plan shall not diminish the landscaping of the site
below the requirements of this section.
7-2-3.
Landscape Regulations.
A.
Standards and Criteria.
(1)
General Requirements.
(a)
Required landscaped areas shall be designed as an integral part
of the site development and shall be dispersed throughout the development
site and VUA.
(b)
Landscaping shall provide screening for adjacent land uses in
accordance with § 7-2-4 below, with visual, noise
and air quality factors considered.
(c)
Vegetation shall be compatible with soil conditions on the development
site and the regional climate.
(d)
Existing and natural features and vegetation shall be preserved
and incorporated in the landscaped area wherever possible.
(e)
The primary emphasis of the landscape treatment shall be on
trees. Shrubbery, hedges, grass and other vegetation may be used to
complement the use of trees but shall not be the sole contribution
to the landscape treatment.
(f)
Plastic or other types of artificial plantings or vegetation
shall not be permitted.
(g)
All large and small deciduous trees planted shall have a minimum
caliper of two and one-half inches, measured six inches above the
ground. All large deciduous trees planted in multi-stem form shall
have a minimum height of 12 feet above the finished grade. All small
deciduous trees planted in multi-stem form shall have a minimum height
of 10 feet above the finished grade. All coniferous trees planted
shall have a minimum height of five feet above the finished grade.
All ornamental trees planted shall have a minimum caliper of one and
three-quarters inches measured six inches above the ground. All ornamental
trees planted in multi-stem form shall have a minimum height of eight
feet above the finished grade. All shrubs planted shall have a minimum
height of 24 inches above the ground except when being used as a ground
cover. All evergreen shrubs used for screening shall have a minimum
height of 48 inches (4 feet) above the finished grade.
(2)
Required Landscaped Area Adjacent to Buildings. A landscaped area with a minimum average width of three feet shall
be provided between each and every side of the proposed principal
use building and any off-street parking or internal access road with
the exception of building entrances/exits, drive-throughs, loading
docks and covered pedestrian walkways, as defined by § 4-8-6F.
A minimum of 50 percent of this landscaped area shall be planted with
small trees, shrubs, perennials or combinations thereof. The balance
of the landscaped area not planted with trees, shrubs or perennials
shall be lawn or groundcover (see subsection (3) below).
[Amended 4-12-2010 by L.L. No. 2-2010; 8-1-2011 by L.L. No.
19-2011; 11-3-2014 by L.L. No. 39-2014; 10-17-2022 by L.L. No. 19-2022]
Where the side or rear facade of a principal building or accessory
structure faces a public or private street/right-of-way, the entire
area of the required yard (with the exception of building entrances/exits
and loading areas) between the street/right-of-way and the building
shall be landscaped with a combination of evergreen and deciduous
trees, shrubs and perennial plants sufficient to mitigate the visual
impact of the building on the adjacent street/right-of-way as determined
by the Planning Board or Planning Director, as applicable.
[Added 11-3-2014 by L.L. No. 39-2014] |
(3)
Interior Landscaped Area.
(a)
Minimum interior landscaped areas shall be provided in accordance
with the following table.
Parking Area
|
Minimum Interior Landscaped Area
(percent of Parking Area)
| |
---|---|---|
0 — 2,999 Square Feet
|
0%
| |
3,000 — 7,500 Square Feet
|
5%*
| |
7,501 — 43,560 Square Feet
|
5%
| |
More than 43,560 Square Feet (one acre)
|
10%
| |
*
|
For Parking Areas of 7,500 square feet or less, where the configuration
of the site permits, yard area at least 5 feet wide in excess of the
minimum required yard in the district shall be credited to the interior
landscaped area requirement.
|
(b)
An interior landscaped island shall be provided for every 15
spaces. Each island shall have a minimum width of eight feet inside
the curb and a minimum length of 16 feet for a single row and 32 feet
for a double row. Interior islands may be consolidated or intervals
may be expanded in order to preserve existing trees or facilitate
snow plowing if approved by the Planning Board or Planning Director,
as applicable.
[Amended 4-12-2010 by L.L. No. 2-2010]
(c)
All rows of spaces shall terminate in a landscaped island. Each
island shall conform to the specifications described in (b) above.
Terminal island intervals may be modified in order to preserve existing
trees or facilitate snow plowing if approved by the Planning Board
or Planning Director, as applicable.
(e)
A minimum of one large deciduous tree shall be provided for
each landscaped island that exceeds 128 square feet. One additional
large deciduous shade tree shall be provided within landscaped islands
for each 100 square feet in excess of 128 square feet. The Planning
Board or Planning Director may, permit the substitution of smaller
ornamental trees within landscaped islands. A minimum of 2 small ornamental
trees shall be provided for each landscaped island that exceeds 128
square feet. One additional small ornamental tree shall be provided
within landscaped islands for each 90 square feet in excess of 128
square feet.
(f)
A minimum of one large deciduous shade tree shall be planted
for every 200 square feet of landscaped area within any divider median,
planted individually or in groups separated by a maximum of 40 feet.
The Planning Board or Planning Director may, permit the substitution
of smaller ornamental trees within divider medians. A minimum of one
small ornamental tree shall be provided for every 90 square feet of
landscaped area within any divider median.
(g)
When divider medians and mid row islands have a width of 10
feet or greater, evergreen trees may be provided in addition to large
deciduous trees. Evergreen trees should be spaced a maximum of 10
feet on center.
(h)
Parking Lot Pedestrian Medians (as required by § 7-1-9D)
shall have a minimum dimension of 16 feet and contain a concrete walkway
with a minimum width of six feet. Planting areas with a minimum width
of five feet shall be provided on both sides of the walkway. At each
point the walkway crosses a parking lot or internal driveway, the
walkway shall be clearly defined through a change in the texture,
color or height of the paving materials.
(i)
In addition to trees, all landscaped islands and divider medians
shall be landscaped with grass, groundcover, shrubs or other landscape
material acceptable to the Planning Board or Planning Director.
(j)
All interior landscaped areas shall have a minimum planting
soil depth of three feet and be free from all forms of construction
debris and foreign material.
(k)
All islands and medians shall have six inch high concrete curbing
as a minimum to protect plant materials from damage.
(l)
The dimensions of all islands and medians shall be measured
from the landscaped side of the curb.
B.
Preservation of Existing Trees.
(1)
Efforts shall be made to preserve trees in a manner consistent with the Town of Amherst Tree Law (also known as Chapter 179 of the Amherst Town Code, as amended) and subsections (2) through (4) of this Section.
(2)
An existing tree can qualify for credit in accordance with subsection
(4) of this Section if it meets all of the following criteria:
(a)
The tree is healthy, free from disease, damage or active insect
infestation which is potentially lethal to the tree;
(b)
The tree is not a variety that has weak or brittle wood, or
one which has excessive or noxious seed, pollen or fruit;
(c)
The tree is expected to live for a minimum of 10 years;
(d)
The tree is not seriously deformed or contorted; and
(e)
The tree is preserved in accordance with Section (3) below.
(3)
A root protection zone shall be established around any tree
which is identified on the landscape plan as a tree to be preserved.
The root protection zone is identified by creating a circle around
the tree, the size of which is determined by providing one foot of
radius for every inch of diameter of the tree measured at breast height
(DBH). The root protection zone shall be marked in the field with
a physical barrier such as temporary fencing or other means which
shall prevent construction activities from occurring within the tree
root protection zone. Methods for preserving and protecting existing
trees shall be included as part of the landscape plan.
(4)
Existing trees preserved in accordance with this Section will
be credited towards the fulfillment of a portion of the requirements
for tree planting contained in these regulations in accordance with
the following schedule:
Size of Existing Tree that is Preserved
| ||
---|---|---|
Deciduous Trees
(DBH)
|
Evergreen Trees
(height)
|
Credits Toward Number of Required New Trees
|
Less than 4 in.
|
Less than 5 ft.
|
0.5
|
4 in. or more but less than 6 in.
|
5 ft. or more but less than 10 ft.
|
1
|
6 in. or more but less than 12 in.
|
10 ft. or more but less than 15 ft.
|
2
|
12 in. or more
|
15 ft. or more
|
3
|
(5)
The diameter of a single-stem tree that has a crotch between
two feet and four and one-half feet above the ground shall be measured
at the narrowest point between the ground and the crotch. The size
of multi-stem trees shall be determined by adding together the diameter
of the three largest stems as measured four and one-half feet above
ground level.
7-2-4.
Buffers and Screening.
A.
General
[Amended 2-4-2008 by L.L. No. 1-2008; 8-1-2011 by L.L. No.
19-2001; 12-12-2011 by L.L. No. 29-2011; 12-12-2011 by L.L. No.
30-2011]
(1)
The portion of the required front yard area which cannot be
utilized for parking, loading, stacking or driveways shall be suitably
landscaped and maintained by the owner in accordance with § 7-2-4A(2)
of these regulations.
[Amended 11-5-2012 by L.L. No. 17-2012]
(2)
Vehicle Use Areas (VUAs) located adjacent to a public street
shall be screened from the street with tree and shrub plantings, earthen
berms, walls or a combination of these methods so as to establish
an effective visual screen which is not less than 36 inches above
the grade at the adjacent VUA within two years of installation. A
minimum of one large deciduous tree, two small deciduous/ornamental
trees or three evergreen trees or any combination thereof shall be
planted within the required yard area for each 40 linear feet of frontage
along a street.
(3)
Standards for dumpsters and other refuse collection container
areas are provided in § 7-2-4D.
[Amended 11-5-2012 by L.L. No. 17-2012]
(4)
Standards for mechanical equipment, utility structures, multiple
meter boards, generators, air conditioning units and Reduced Pressure
Zone (RPZ) backflow preventor hot boxes are provided in § 7-2-4C.
(5)
Developments shall provide sufficient buffering and screening for
the VUA. Buffering and screening may consist of trees and shrubs existing
on the site prior to development. Supplemental plantings may be required
in addition to the existing vegetation as determined by the Planning
Board or Planning Director in order to improve the screening properties
of the buffer. Buffering and screening may also consist of tree and
shrub plantings, earthen berms, fences, walls or a combination of
these methods so as to establish an effective visual screen. When
fences or walls are utilized for screening, trees and other plant
materials (shrubs, vines, ground covers, perennials) shall also be
used. Standards for landscaping are provided in § 7-2-4B.
[Amended 11-5-2012 by L.L. No. 17-2012]
(6)
All fences provided or required shall have an attractive, finished
appearance facing any public right-of-way or adjacent property.
B.
Minimum Impact of Screening Required. The following
table and criteria shall be used to determine the level of screening
between adjoining land uses. Single Family Residential districts include
the R-R, S-A, R-1, R-2, R-3, CR-3A, TR-3 and R-4 districts. Multifamily
Residential districts include the MFR-4A, MFR-5, MFR-6, MFR-7 and
MHR-8 districts. For circumstances falling outside of these categories,
the level of screening required will be determined during site plan
review. For the RC district, the amount of screening required will
be determined during site plan review.
[Amended 2-4-2008 by L.L. No. 1-2008; 12-12-2011 by L.L. No.
30-2011; 2-24-2014 by L.L. No. 5-2014]
Proposed Land Use
|
Existing Adjacent Zoning
| |||||
---|---|---|---|---|---|---|
SF Res.
|
MF Res.
|
Office
|
Commercial
|
Industrial
|
Community Facility
| |
MF Res.
|
High
|
Medium
|
High
|
High
|
High
|
High
|
Office
|
High
|
High
|
Low*
Medium†
|
Medium
|
Medium
|
Medium
|
Commercial
|
High
|
High
|
Medium
|
Low*
Medium†
|
Low*
Medium†
|
Medium
|
Industrial
|
High
|
High
|
Medium
|
Low*
Medium†
|
Low*
Medium†
|
Medium
|
Public and Civic
|
High
|
High
|
Medium
|
Medium
|
Medium
|
Low*
Medium†
|
Key:* = 0-3 acres † = 3+ acres
(proposed use)
|
(1)
High Impact Screening. When the proposed development
is considered to have a high impact on the existing adjacent zoning
according to the table in § 7-2-4B, one of the following methods
for buffering and screening shall be provided between the VUA and
the nearest property line.
[Amended 11-5-2012 by L.L. No. 17-2012]
(a)
Buffering and screening may consist of healthy trees and shrubs
existing on the site prior to development providing that they form
an immediately effective visual screen at least 36 inches above the
grade at the adjacent VUA and that the existing trees and shrubs are
thoroughly protected from damage during construction by establishing
a work limit line on all site plan drawings. The work limit line shall
be delineated in the field prior to site clearing in the vicinity
of the required yard area. Supplemental plantings may be required
in addition to the existing vegetation as determined by the Planning
Board or Planning Director in order to improve the screening properties
of the buffer.
(b)
Buffering and screening may consist of an earthen berm, masonry/stone
wall or opaque wooden/vinyl fence with a minimum height of 36 inches
above the grade at the adjacent VUA and one medium impact landscape
screen evenly distributed within the required yard area (refer to
Medium Impact Screen table below).
(2)
Medium Impact Screening. When the proposed development
is considered to have a moderate impact on the existing adjacent zoning
according to the table in § 7-2-4B, one of the following methods
for buffering and screening shall be provided between the VUA and
the nearest property line.
[Amended 11-5-2012 by L.L. No. 17-2012]
(a)
Buffering and screening may consist of healthy trees and shrubs
existing on the site prior to development, providing that they form
an immediately effective visual screen at least 36 inches above the
grade at the adjacent VUA and that the existing trees and shrubs are
thoroughly protected from damage during construction by establishing
a work limit line on all site plan drawings. The work limit line shall
be delineated in the field prior to site clearing in the vicinity
of the required yard area. Supplemental plantings may be required
in addition to the existing vegetation as determined by the Planning
Board or Planning Director in order to improve the screening properties
of the buffer.
(b)
Buffering and screening may consist of either: (1) one medium
impact landscape screen evenly distributed throughout the required
yard area; or (2) an earthen berm, masonry/stone wall or opaque wooden/vinyl
fence with a minimum height of 36 inches above the grade at the adjacent
VUA and one low impact landscape screen evenly distributed throughout
the required yard area (refer to Medium and Low Impact Screen tables
below).
Medium Impact Landscape Screen Options
| ||||
---|---|---|---|---|
Plant Type
|
Screen 1
|
Screen 2
|
Screen 3
|
Screen 4
|
Large Deciduous Trees
|
1/25 L.F.
|
1/40 L.F
|
1/50 L.F
|
1/50 L.F
|
Small Deciduous/Ornamental Trees
|
0
|
0
|
1/60 L.F
|
1/60 L.F
|
Evergreen (Coniferous) Trees
|
0
|
1/40 L.F
|
1/15 L.F
|
1/20 L.F
|
Evergreen & Deciduous Shrubs
|
1/5 L.F
|
1/5 L.F
|
0
|
1/15 L.F
|
(c)
Screen One shall be utilized only when yard area is less than
10 feet in width.
(d)
Trees and shrubs shall be provided based on number of linear
feet per applicable side or rear yard.
(e)
Fractions of trees or shrubs shall be rounded to the nearest
whole number.
(3)
Low Impact Screening. When the proposed development
is considered to have a low impact on the existing adjacent zoning
according to the table in § 1-1-1B, one of the following methods
for buffering and screening shall be provided within the required
minimum rear and side yards for the VUA’s (for yard dimensions,
refer to the Dimensional Standards for each zoning district).
(a)
Buffering and screening may consist of healthy trees and shrubs
existing on the site prior to development, providing that they form
an immediately effective visual screen at least 36 inches above the
grade at the adjacent VUA and that the existing trees and shrubs are
thoroughly protected from damage during construction by establishing
a work limit line on all site plan drawings. The work limit line shall
be delineated in the field prior to site clearing in the vicinity
of the required yard area. Supplemental plantings may be required
in addition to the existing vegetation as determined by the Planning
Board or Planning Director in order to improve the screening properties
of the buffer.
(b)
Buffering and screening may consist of one low impact landscape
screen evenly distributed within the required yard area (refer to
low impact screen table below).
Low Impact Landscape Screen Options
| ||||
---|---|---|---|---|
Plant Type
|
Screen 1
|
Screen 2
|
Screen 3
|
Screen 4
|
Large Deciduous Trees
|
1/40 LF
|
1/60 L.F
|
1/80 L.F
|
1/75 L.F
|
Small Deciduous/Ornamental Trees
|
0
|
0
|
1/100 L.F
|
1/75 L.F
|
Evergreen (Coniferous) Trees
|
0
|
1/50 L.F
|
1/25 L.F
|
1/50 L.F
|
Evergreen & Deciduous Shrubs
|
1/10 L.F
|
1/10 L.F
|
0
|
1/20 L.F
|
(c)
Trees and shrubs shall be provided based on number of linear
feet per applicable side or rear yard.
(d)
Fractions of trees or shrubs shall be rounded to the nearest
whole number.
(4)
Screening Adjacent to Residential Zoning. When
adjacent to the following districts: R-R, S-A, R-1, R-2, R-3, CR-3A,
TR-3, R-4, MFR-4A, MFR-5, MFR-6, MFR-7 PRD, PDD, PRD, or NCD, any
building or structure in the MFR-6, MFR-7, OB, GB, NB, CS, MS, SC,
RD, ST, GI, AG, CF, R-R, S-A or RC districts must provide the following
landscape buffering and screening within the required side and/or
rear yard(s):
[Added 11-3-2014 by L.L. No. 39-2014]
(a)
An earthen berm with a minimum height of three (3) feet (measured
at the top of a 1:3± grade) or an opaque wood or vinyl fence,
brick, stone or ornamental concrete masonry unit wall with a minimum
height of 5 feet and the following plant materials: a minimum of one
evergreen tree per each 10 linear feet of property line adjacent to
single-family residential zoning, one small deciduous or ornamental
tree per each 15 linear feet of property line adjacent to residential
zoning and one large deciduous tree per each 40 linear feet of property
line adjacent to single-family residential zoning.
[Image not available for print. If you would like to view,
please call or come into the Planning Office, (716-631-7052).]
|
C.
Screening of Mechanical Equipment.
(1)
Non-single-family residential properties which may be viewed
from residential uses, public streets or public park areas shall screen
all roof, ground and wall mounted mechanical equipment (utility structures,
multiple meter boards, generators, air conditioning units, backflow
preventor [RPZ] hot boxes, etc.) from view at ground level of the
property line.
[Amended 10-9-2017 by L.L. No. 21-2017]
(2)
All mechanical equipment shall be limited to that area shown
on an approved site and development plan.
(3)
Roof-mounted mechanical equipment shall be screened or arranged
so as to not be visible from residential uses, public streets or park
areas and be shielded from view on four sides. Screening shall consist
of materials consistent with the principal building materials, and
may include metal screening or louvers which are painted to blend
with the principal building.
(4)
Wall or ground-mounted equipment screening shall be constructed
of:
(a)
Planting screens; or
(b)
Brick, stone, reinforced concrete, vinyl stockade or other similar
material as approved by the Planning Board or Planning Director;
[Amended 2-8-2016 by L.L.
No. 2-2016]
(c)
Redwood, cedar, preservative pressure treated wood, or other
similar materials; and
(d)
All fence posts shall be rust-protected metal, concrete-based
masonry or concrete pillars, or an equivalent material as approved
by the Commissioner of Building.
(5)
Mechanical equipment shall not be mounted on the roof or located
in the front yard in any single-family residential district.
[Added 10-9-2017 by L.L.
No. 21-2017]
D.
Dumpsters and Other Refuse Containers. The following
standards shall apply to dumpsters and other refuse collection areas
in the R-4, MFR-4A, MFR-5, MFR-6, MFR-7, MHR-8 and nonresidential
districts.
[Amended 12-12-2011 by L.L. No. 29-2011]
(1)
All dumpster areas shall be limited to that area shown on an approved
site and development plan. Such areas Dumpsters and other refuse containers
may be located between the front face of the building and the adjacent
roadway only with the approval of the Planning Board or Planning Director,
as applicable.
(2)
Dumpster containers, other refuse containers, and all refuse shall
be visually screened on all sides from adjacent properties and private
or public rights of way with an opaque material, which may include
shrubs, walls, fences or berms. Materials and dumpsters stored in
said areas shall not protrude above the screen.
(3)
Where vegetative material is used, said material shall form an opaque
screen within two years from the time of first planting.
(4)
When dumpster enclosure gates are used to address (2) above, the
gate shall consist of materials that visually conceal 100 percent
of the contents of the enclosure. Gates shall remain in the closed
position except when the dumpster is being loaded or unloaded or when
access to the interior of the enclosure is needed for maintenance
or other purposes.
(5)
Dumpster containers and other refuse containers in residential districts
shall meet the setbacks established in § 3-15-6.
(6)
The setbacks for dumpsters in nonresidential districts shall be five
(5) feet from the property line of adjacent nonresidential districts
and ten (10) feet from the property line of adjacent residential districts.
7-2-5.
Parking Credits for Landscaping. The Planning Board
or Planning Director, as applicable, may reduce the minimum number
of off-street parking spaces required in § 7-1-6 by not
more than 25 percent, provided that the land area so removed is not
used to meet the landscape area required in this Section and is used
exclusively for landscaping in accordance with the standards and criteria
of this Section. If, at any time thereafter, the Zoning Enforcement
Officer determines that the land area so removed is suitable for and
is needed to provide necessary off-street parking, the Zoning Enforcement
Officer may order the installation of such parking. The issuance of
any Certificate of Occupancy or Certificate of Compliance by the Commissioner
of Building shall be deemed conditional upon the possible requirement
for the future installation of the additional off-street parking,
upon such order by the applicable site plan approval authority. Failure
to comply with such order within the time fixed thereby shall constitute
a violation of this Ordinance.
[Amended 3-4-2019 by L.L.
No. 6-2019]
7-2-6.
Existing Development. Where an existing development
that requires site plan review proposes an increase in the Parking
Area of 3,000 or more square feet, the proposed site plan shall provide
interior landscaped areas for the added Parking Area as required by
§ 7-2-3A(3). The proposed site plan shall also provide
buffering and screening for the added Parking Area consistent with
the standards in § 7-2-4.
7-2-7.
Enforcement and Maintenance.
A.
All landscaped areas required and/or permitted by these regulations
shall be maintained and preserved according to the approved landscape
plan. Landscaped areas shall be kept free of trash, litter, weeds
and other such materials. Failure to maintain the landscaping in accordance
with the approved landscape plan or to keep landscaped areas free
of trash, litter, weeds and other such materials shall be a violation
of this Ordinance, and this requirement shall be enforced by the Commissioner
of Building.
[Amended 3-4-2019 by L.L.
No. 6-2019]
B.
All plant materials provided for a development in accordance with
the approved landscape plan shall be in a healthy and vigorous growing
condition, exhibit good form, and display in excess of 75 percent
leaf cover, as determined by the Division of Forestry, in order to
be considered acceptable for the purposes of compliance with the site
plan at the time of inspection for Certificate of Occupancy or Certificate
of Compliance. All plant materials which are considered to be unacceptable
for the purposes of compliance with these regulations shall be replaced
with acceptable plant material prior to the issuance of a final Certificate
of Occupancy or Certificate of Compliance by the Commissioner of Building.
[Amended 3-4-2019 by L.L.
No. 6-2019]
C.
Trees which existed on the site prior to development and are identified
on the landscape plan as trees to be preserved cannot be removed during
construction without first obtaining a Tree Removal Permit or an amendment
to the site plan. The removal of existing trees to be preserved without
Town approval shall be considered a violation of the Town of Amherst
Tree Law, also known as Local Law 8-1992, as amended.
D.
After the issuance of a final Certificate of Occupancy or Certificate
of Compliance by the Commissioner of Building, plant materials which
die or are not maintained in a healthy and growing condition with
at least 50 percent leaf cover shall be replaced within the next growing
season with plantings of a similar nature. Plantings intended to serve
as a visual screen which die or are not maintained in a healthy and
growing condition after three years from the date of issuance of the
final Certificate of Occupancy or Certificate of Compliance by the
Commissioner of Building shall be replaced with plantings of a size
and nature sufficient to achieve the visual screen intended.
[Amended 3-4-2019 by L.L.
No. 6-2019]
E.
All trees shall be planted in accordance with the methods illustrated
by the planting details required to be shown on the approved landscape
plan. Trees not planted in accordance with these methods will not
be considered acceptable for the purposes of compliance with the Site
Plan and shall be replanted in accordance with the methods illustrated
in the details, or the method of planting otherwise corrected so as
to be acceptable to the Town prior to the issuance of a final Certificate
of Occupancy or Certificate of Compliance by the Commissioner of Building.
Where tree stakes and guy wires are used, they shall be removed from
newly planted trees no sooner than 12 months after planting and no
later than 18 months after planting.
[Amended 3-4-2019 by L.L.
No. 6-2019]
F.
Inspections required by this Section shall be the responsibility
of the Division of Forestry.
[Amended 3-4-2019 by L.L.
No. 6-2019]
[Amended 1-16-2007 by L.L. No. 2-2007; 3-4-2019 by L.L. No. 6-2019; 10-17-2022 by L.L. No. 19-2022]
7-3-1.
Purpose. Nonresidential and multifamily buildings
and projects shall be designed to provide safe, convenient, and efficient
lighting for pedestrians and vehicles. Lighting shall be designed
in a consistent and coordinated manner for the entire site. The lighting
and lighting fixtures shall be integrated and designed so as to enhance
the visual impact of the project on the community and/or should be
designed to blend into the surrounding landscape. Lighting fixtures
shall be designed, sized and located so as not to cast direct rays
of light upon adjoining premises or cause glare hazardous to pedestrians
or persons using adjacent public streets. Illumination shall not be
used for the purpose of advertising or attracting attention to the
principal use, except as permitted by § 7-8, Sign Regulations.
7-3-2.
Applicability. A site lighting plan shall be required
during review of any nonresidential or multifamily site and development
plan. The contents of the site lighting plan shall be established
by the Planning Director.
7-3-3.
Site Lighting Design Requirements. Lighting shall
be used to provide safety while accenting key architectural elements
and to emphasize landscape features. Light fixtures shall be designed
as an integral design element that complements the design of the project.
This can be accomplished through style, material or color. All lighting
fixtures designed or placed so as to illuminate any portion of a site
shall meet the following requirements:
A.
Fixture (Luminaire). The light source shall be concealed
and shall not be visible from any street right-of-way or adjacent
properties. In order to direct light downward and minimize the amount
of light spillage into the night sky and onto adjacent properties,
all lighting fixtures shall be cutoff fixtures. Only architectural
lighting may be directed upward provided that all other provisions
of this Section are met.
B.
Fixture Height. Lighting fixtures shall be a maximum
of 25 feet in height within parking lots and shall be a maximum of
15 feet in height within non-vehicular pedestrian areas. For additional
requirements, see § 7-3-5A. Any building mounted light
for site lighting shall be limited to a maximum mounting height of
25 feet above grade.
D.
Mounting. Fixtures shall be mounted in such a manner
that the cone of light is contained on-site and does not cross any
property line of the site.
E.
Footing. All footings for light poles shall be a maximum
of 6 inches above finished grade within landscaped areas, and a maximum
of 30 inches above finished grade in paved areas.
F.
Limit Lighting to Periods of Activity. The use of sensor
technologies, timers or other means to activate lighting during times
when it will be needed may be required by the Commissioner of Building
to conserve energy, provide safety, and promote compatibility between
different land uses.
7-3-4.
Illumination Level.
A.
Illumination levels shall be measured in footcandles.
B.
All site lighting shall be designed so that the level of illumination,
as measured in footcandles at any one point, meets the standards in
the table below. Illumination of the flag of the United States of
America is exempt from this standard.
C.
Minimum and maximum levels are measured on the pavement within the
lighted area. Average level is the overall, generalized ambient light
level, and is measured as a not-to-exceed value. The average level
shall be calculated using only the area of the site intended to receive
illumination.
Lighting Type
|
Lighting Level (footcandles)
| ||
---|---|---|---|
Minimum
|
Average
|
Maximum
| |
Architectural
|
0.0
|
1.0
|
5.0
|
Canopy Area
|
2.0
|
10.0
|
15.0
|
Multifamily Parking Lots
|
0.20
|
1.0
|
8.0
|
Nonresidential and Multifamily Entrances and Exits
|
1.0
|
5.0
|
15.0
|
Nonresidential Parking Lots
|
0.2
|
1.5
|
10.0
|
Security
|
0.2
|
1.0
|
10.0
|
Vehicle Sales, Rental and Leasing
|
0.2
|
3.0
|
15.0
|
Walkways, Landscape or Decorative
|
0.2
|
0.8
|
5.0
|
D.
All outdoor lighting shall be designed and located such that the
maximum illumination measured in footcandles at the property line
does not exceed 0.2 on adjacent residential use, and 0.5 on adjacent
commercial sites and public rights-of-way.
E.
No direct light source shall be visible at the property line at ground
level or above.
F.
Lighting shall not be oriented so as to direct glare or excessive
illumination onto streets in a manner that may distract or interfere
with the vision of drivers on such streets.
7-3-5.
Lighting Required for Specific Uses.
A.
Sites Adjacent to Residential Uses.
(1)
All lights shall be full cut off fixtures to mitigate for potential
light nuisances to any residential use.
(2)
Illumination at the public right-of-way line when a nonresidential
use is across the public right-of-way from a residential use shall
not exceed one footcandle.
(3)
All light fixtures located within 50 feet of any residential
use property line shall not exceed 15 feet in height.
(4)
Security lighting fixtures such as wall packs shall be full
cut off fixtures.
B.
Canopy Area Lighting. All development that incorporates
a canopy area over fuel sales, automated bank machines, or similar
installations shall use a recessed lens cover flush with the bottom
surface of the canopy that provides a cutoff or shielded light distribution.
Areas under a vehicular canopy shall have an average of 10 foot candles
as measured at ground level at the inside of the outside edge of the
canopy.
C.
Automated Teller Machines. An automated teller machine
(ATM) shall be illuminated in accordance with the ATM Safety Act (NYS
Banking Law, Article II-AA).
7-3-6.
Prohibited Light Sources. Except as otherwise provided
in this Section, the following light sources and light fixtures and
sources shall not be used.
A.
Low-pressure sodium and mercury vapor light sources.
B.
Cobra-head-type fixtures having dished or drop lenses or refractors
which house other than incandescent sources.
C.
Searchlights and other high-intensity narrow-beam fixtures.
D.
Lighting fixtures that have flashing, rotating, moving, pulsing or
alternating colored sources, except between Thanksgiving Day and January
15, as provided in § 7-8, Sign Regulations.
E.
Area or flood lighting mounted on a building roof or wall parapet.
F.
Use of new or existing utility poles for lighting.
G.
Use of adjustable fixtures for area/flood lighting. All fixtures
shall be cut off fixtures. Decorative up lighting of a building may
be utilized if part of an approved building design.
7-3-7.
Residential Lighting Nuisances. Outdoor lighting
on residential properties shall be designed and installed so that
all light which is emitted by an outdoor light fixture shall not shine
on or illuminate any neighboring property. No outdoor lighting shall
be maintained or operated in such a manner so as to be nuisance lighting,
as defined in § 2-4.
7-4-1.
General. Outdoor display and storage shall be allowed
in nonresidential districts in accordance with this Section. Any merchandise,
material or equipment situated outdoors in nonresidential districts
shall be subject to the requirements of this Section.
7-4-2.
Allowed Outdoor Storage and Display.
A.
Three types of outdoor storage and display shall be allowed in the
districts designated in the Table below.
[Amended 4-12-2010 by L.L. No. 2-2010]
B.
Allowed outdoor storage and display shall meet the vehicle use area
setbacks provided in each district or a minimum of 20 feet from any
lot line, whichever is greater.
C.
In the NB, TI-, SC-3 and CTR- districts, all outdoor display shall
be returned to a completely enclosed structure when the associated
business is not open.
[Amended 9-3-2019]
D.
In the ST district, outdoor storage and display shall not be permitted
except for the measurement of climatic effects on stored materials.
No such storage area shall be located in any required front, side
or rear yard.
7-4-3.
Categories of Outdoor Storage and Display.
A.
Outdoor Display.
(1)
Outdoor display constitutes the display of items actively for
sale.
(2)
Outdoor display shall be allowed adjacent to a principal building
wall and may only extend a distance no greater than five feet from
the wall. Such display shall not be permitted to block windows, entrances
or exits, and shall not impair the ability of pedestrians to use the
building and sidewalk.
(3)
Outdoor display may not occupy more than 30 percent of the linear
distance along any principal building wall facing a public right-of-way.
B.
Limited Outdoor Storage.
(1)
Limited outdoor storage is temporary storage of goods in individual
packaging and not in storage containers. Organic materials stored
on pallets are considered limited outdoor storage.
(2)
Limited outdoor storage shall not exceed 1,000 square feet or
10 percent of the total site area (whichever is greater), except in
the CS and GI districts where additional outdoor storage and display
is allowed provided that the storage and display is completely screened
from view outside the site by a solid opaque wall or fence at least
six feet in height. Such area may extend from the principal building,
but not for a distance greater than 50 feet.
(3)
Limited outdoor storage may not occupy more than 30 percent
of the linear distance along any principal building wall facing a
public right-of-way.
(4)
Limited outdoor storage shall not be allowed in required off-street
parking spaces.
C.
General Outdoor Storage.
(1)
General outdoor storage consists of all remaining forms of outdoor
storage not classified as outdoor display or limited outdoor storage,
including the storage of combustible or flammable liquids, items stored
in shipping containers, conexes and semi-trailers not attached to
a truck.
(2)
General outdoor storage shall be allowed in unlimited quantity,
provided that the storage area is completely screened from any public
right-of-way or adjacent residentially zoned property and meets the
location restrictions below.
(3)
No general outdoor storage shall be permitted within the following
areas:
(4)
Areas intended for general outdoor storage shall be paved, or
have an alternate surface as approved by the Commissioner of Building.
7-4-4.
Exceptions.
A.
Vehicles for sale as part of a properly permitted vehicle sales use
(including boats and manufactured housing) shall not be considered
merchandise, material or equipment subject to the restrictions of
this Section. Such vehicles shall be located and displayed on a paved
vehicle use area, or on an alternate surface as approved by the Commissioner
of Building, clearly indicated on the site plan, and screened under
the same requirements for a parking lot.
B.
Waste generated on-site and deposited in ordinary refuse containers
shall not be subject to the restrictions of this Section.
[Amended 8-1-2011 by L.L. No. 19-2011; 12-12-2011 by L.L. No.
29-2011; 10-17-2022 by L.L. No. 19-2022]
7-5-1.
No fence or wall in a residential district shall exceed six
feet in height, except where it abuts a nonresidential district, in
which event it shall not exceed eight feet in height, provided, however,
that a fence or wall not exceeding 12 feet in height enclosing a tennis
court shall be permitted. For the purpose of screening, the Planning
Board or Planning Director as applicable, may require fences, vegetation
or other appropriate material in nonresidential districts where they
abut residential districts to assure privacy for adjacent land uses
with visual, noise and air quality factors considered.
7-5-2.
With the exception of those used for screening loading docks,
dumpsters, refuse containers, outdoor storage and mechanical equipment
as required by this Ordinance, no fence or wall in a nonresidential
district shall exceed eight feet in height or have barbed wire or
a similar style security toping.
7-5-3.
No fence or wall, other than a necessary retaining wall, over
three feet in height shall extend into the required front yard of
any lot, except in an industrial district. Fencing no higher than
6 feet in height may extend into a required exterior side yard as
permitted by the exceptions found in § 2-5-2A(5).
7-5-4.
The height of all fences or walls shall be measured from the
average finished grade as determined by the Commissioner of Building.
Average height should generally follow the lay of the land.
7-6-1.
Location of Existing and Planned Transit Routes. Any proposed development shall take into account the location of
existing and planned transit routes and provide vehicular and pedestrian
connections to any transit points within or adjacent to the development.
7-6-2.
Street, Road and Highway Barricades. Unless authorized
by the Planning Board, the erection or maintenance of a barricade
preventing access to or from a town highway or private road or street
on or adjacent to such property shall not be permitted. Any barricade
installed shall comply with the provisions of § 7-6-7B.
7-6-3.
Public Access. No use shall be permitted to take
direct access to a street except as permitted in this Section.
A.
Local Streets. All residential uses may take direct
access to local streets. Nonresidential uses shall not take direct
access to local streets, except when no higher street classification
is available.
B.
Collector Streets. No single-family dwelling shall take
direct access to collector streets, except when no local street is
available.
C.
Arterial Streets. No residential use, other than multifamily,
shall take direct access to major or minor arterial streets. When
uses take access to an arterial street, the point of access shall
be directly across from another existing point of access, or spaced
at least 200 feet from any intersecting street or other point of access
to the arterial.
7-6-4.
Private Access. Buildings and land shall either
abut a dedicated street or be arranged in groups or clusters so that
groups or clusters abut a dedicated street for the required lot width,
provided that:
A.
Each building is accessible by means of a private street to service
and emergency vehicles.
B.
The standards of design and construction for private streets shall
meet applicable town specifications for public streets unless modified
by the approved site plan.
C.
The location, design and construction of all utilities meet all applicable
specifications and are adequate to serve the needs of the group or
cluster.
D.
The procedures for the preservation and maintenance of private streets,
pedestrian ways and common open space comply with all applicable laws.
7-6-5.
Private Access Easements.
A.
Cross-Access. Private cross-access easements may be
required across any lot fronting on an arterial or collector street
in order to minimize the number of access points and facilitate access
between and across individual lots. The easement shall meet the following
design requirements.
(1)
If a parcel is to be developed for any nonresidential land use,
a cross-access easement shall be provided to adjoining properties
that front on the same street and that are, or may be, developed as
nonresidential land uses. The easement shall be clearly identified
on any site plan submitted pursuant to this Ordinance. The easement
shall be filed with the Erie County Clerk's Office for recordation.
(2)
Cross-access easements shall have a minimum width of 24 feet
and shall be generally parallel to the street right-of-way line abutting
both parcels. Access easement facilities shall be maintained by the
property owner.
(3)
The property owner shall provide appropriate documentation of
a good faith effort to extend the access easement through all immediately
abutting properties. If such an effort fails, the portion of the easement
on the subject site shall be developed and designed to provide for
future connection to the neighboring properties.
(4)
Where a cross-access easement is granted, no permanent structures
that would interfere with the proposed access shall be permitted in
the easement. Some improvements such as medians and parking islands
may be constructed within an access easement if it has been demonstrated
that adequate circulation and cross access has been accomplished,
and that all applicable standards of this Ordinance have been met.
(5)
All cross-access improvements shown on a site plan shall be
constructed and stubbed, and future development of adjacent property
shall complete a connection to any existing stub.
(6)
The Planning Board may waive the requirement for a cross-access
easement required above in those cases where unusual topography or
site conditions would render such an easement of no useable benefit
to adjoining properties.
(7)
The Planning Board may approve the closure of a cross-access
easement in those cases where adjoining parcels are subsequently developed
with a residential use.
B.
Shared Access. A joint private access easement may be
required between adjacent lots fronting on arterial and collector
streets in order to minimize the total number of access points along
those streets and to facilitate traffic flow between lots. The location
and dimensions of said easement shall be determined by the Planning
Board or Director, as applicaple.[1]
[Amended 2-4-2008 by L.L. No. 1-2008]
[1]
So in original.
7-6-6.
Access Design Requirements.
A.
Minimum Access. Each parcel of land which lawfully exists
and which abuts a street right-of-way shall be permitted at least
one access point, except where otherwise restricted by the Town.
B.
Additional Access. The Planning Board may require more
than one access point onto a collector or arterial street for a single
parcel during site plan review provided that the number and location
of access points onto local streets and the additional access points
onto collector and arterial streets shall be approved by the highway
authority having jurisdiction over the roadway from which access is
being taken.
C.
Width of Access. The width of access driveways shall
be determined by the highway authority having jurisdiction over the
roadway from which access is being taken. However, in no case shall
an individual driveway width be greater than 45 feet, except that
the width of a landscaped center median shall not count towards this
standard.
D.
Closure or Relocation of Existing Access Points. The
Planning Board, in conjunction with the authority having jurisdiction
over the roadway from which access is being taken, shall have the
authority to require the closure or relocation of existing access
points where multiple access points to the site are available.
E.
Curb Cuts at Intersections. A curb cut for a corner
parcel at the intersection of any streets shall be located the maximum
practical distance from the intersection point of the rights-of-way
of the intersecting streets, without intrusion into any required buffer.
The number and location of the curb cuts shall be approved by the
highway authority having jurisdiction over the street from which access
is being taken.
7-6-7.
Fire Apparatus Access Road Requirements. All developments
shall be required at least one means of fire apparatus access. Developments
exceeding the thresholds set forth in § 7-6-7C shall
require at least two means of fire apparatus access. Access lanes
shall be placed a distance apart equal to not less than one half of
the maximum overall diagonal dimension of the property or area to
be served (measured in a straight line between access points).
A.
Aerial Fire Apparatus Access Road Dimensions.
(1)
Height. Where required, buildings or portions of
buildings or facilities exceeding 30 feet in height above the lowest
level of fire department vehicle access shall be provided with approved
fire apparatus access roads capable of accommodating fire department
aerial apparatus. Overhead utility and power lines shall not be located
within the aerial fire apparatus access roadway.
(2)
Width. Fire apparatus access roads shall have a
minimum unobstructed width of 26 feet in the immediate vicinity of
any building or portion of building more than 30 feet in height.
(3)
Proximity to Building. At least one of the required
access routes meeting this condition shall be located within a minimum
of 15 feet and a maximum of 30 feet from the building, and shall be
positioned parallel to the building. Such access shall be either paved
as part of the sidewalk system or be part of the parking lot pavement.
Required access routes shall not be used as snow storage areas that
would impede emergency access. If such access is part of the parking
lot pavement, these areas shall be striped or otherwise delineated
with pavement markings and "No Parking" signs to prevent parked cars
or delivery vehicles from impeding emergency access.
B.
Fire Apparatus Road Gates.
(1)
The minimum gate width shall be 20 feet.
(2)
Gates shall be of the swinging or sliding type and of a triangular
shape.
(3)
Construction of gates shall be of materials that allow manual
operation by one person.
(4)
Gate components shall be maintained in an operative condition
at all times and replaced or repaired when defective.
(5)
Electric gates shall be equipped with a means of opening the
gate by fire department personnel for emergency access. Emergency
opening devices shall be approved by the code official. Locking device
specifications shall be submitted for approval by the code official.
C.
Second Access. Approval of a site plan or subdivision,
including individual phases of a site plan or subdivision, shall not
be granted where a cul-de-sac, dead-end or any street with only one
point of access from an improved public right-of-way exceeds the requirements
established in the current International Fire Code. The purpose of
this paragraph is to comply with the International Fire Code as it
may change by amendment over time.
[Added 4-21-2008 by L.L. No. 3-2008; amended 3-6-2017 by L.L. No. 7-2017]
[Amended 6-3-2019 by L.L.
No. 13-2019; 7-1-2019 by L.L. No. 14-2019]
7-7-1.
Findings. The Town Board of the Town of Amherst
finds that the potential and/or actual damages from flooding and erosion
may be a problem to the residents of the Town of Amherst and that
such damages may include: destruction or loss of private and public
housing, damage to public facilities, both publicly and privately
owned, and injury to and loss of human life. In order to minimize
the threat of such damages and to achieve the purposes and objectives
hereinafter set forth, this local law is adopted.
7-7-2.
Statement of Purpose. It is the purpose of this
local law to promote the public health, safety, and general welfare,
and to minimize public and private losses due to flood conditions
in specific areas by provisions designed to:
A.
regulate uses which are dangerous to health, safety and property
due to water or erosion hazards, or which result in damaging increases
in erosion or in flood heights or velocities;
B.
require that uses vulnerable to floods, including facilities which
serve such uses, be protected against flood damage at the time of
initial construction;
C.
control the alteration of natural floodplains, stream channels, and
natural protective barriers which are involved in the accommodation
of flood waters;
D.
control filling, grading, dredging and other development which may
increase erosion or flood damages;
E.
regulate the construction of flood barriers which will unnaturally
divert flood waters or which may increase flood hazards to other lands,
and
F.
qualify and maintain for participation in the National Flood Insurance
Program.
7-7-3.
Objectives. The objectives of this section are:
A.
to protect human life and health;
B.
to minimize expenditure of public money for costly flood control
projects;
C.
to minimize the need for rescue and relief efforts associated with
flooding and generally undertaken at the expense of the general public;
D.
to minimize prolonged business interruptions;
E.
to minimize damage to public facilities and utilities such as water
and gas mains, electric, telephone, sewer lines, streets and bridges
located in areas of special flood hazard;
F.
to help maintain a stable tax base by providing for the sound use
and development of areas of special flood hazard so as to minimize
future flood blight areas;
G.
to provide that developers are notified that property is in an area
of special flood hazard; and,
H.
to ensure that those who occupy the areas of special flood hazard
assume responsibility for their actions.
7-7-4.
ACCESSORY STRUCTURE
APPEAL
AREA OF SHALLOW FLOODING
AREA OF SPECIAL FLOOD HAZARD
BASE FLOOD
BASEMENT
BUILDING
CELLAR
CRAWL SPACE
CRITICAL FACILITIES
(1)
(2)
(3)
(4)
CUMULATIVE SUBSTANTIAL IMPROVEMENT
DEVELOPMENT
ELEVATED BUILDING
FEDERAL EMERGENCY MANAGEMENT AGENCY
FLOOD BOUNDARY AND FLOODWAY MAP (FBFM)
FLOOD ELEVATION STUDY
FLOOD HAZARD BOUNDARY MAP (FHBM)
FLOOD INSURANCE RATE MAP (FIRM)
FLOOD INSURANCE STUDY
FLOOD or FLOODING
(1)
(2)
FLOODPLAIN or FLOOD-PRONE AREA
FLOODPROOFING
FLOODWAY
FUNCTIONALLY DEPENDENT USE
HIGHEST ADJACENT GRADE
HISTORIC STRUCTURE
(1)
(2)
(3)
(4)
LOCAL ADMINISTRATOR
LOWEST FLOOR
MANUFACTURED HOME
MANUFACTURED HOME PARK OR SUBDIVISION
MEAN SEA LEVEL
MOBILE HOME
NEW CONSTRUCTION
ONE HUNDRED YEAR FLOOD or 100-YEAR FLOOD
PRINCIPALLY ABOVE GROUND
RECREATIONAL VEHICLE
(1)
(2)
(3)
(4)
REGULATORY FLOODWAY
START OF CONSTRUCTION
STRUCTURE
SUBSTANTIAL DAMAGE
SUBSTANTIAL IMPROVEMENT
(1)
(2)
VARIANCE
VIOLATION
Definitions. Unless specifically defined below, words or phrases used in this
local law shall be interpreted so as to give them the meaning they
have in common usage and to give this local law its most reasonable
application.
A structure used solely for parking (two-car detached garages
or smaller) or limited storage, represent a minimal investment of
not more than 10 percent of the value of the primary structure, and
may not be used for human habitation.
A request for a review of the Local Administrator's interpretation
of any provision of this Local Law or a request for a variance.
A designated AO, AH or VO Zone on a community's Flood Insurance
Rate Map (FIRM) with a one percent or greater annual chance of flooding
to an average annual depth of one to three feet where a clearly defined
channel does not exist, where the path of flooding is unpredictable
and where velocity flow may be evident. Such flooding is characterized
by ponding or sheet flow.
The land in the floodplain within a community subject to
a one percent or greater chance of flooding in any given year. This
area may be designated as Zone A, AE, AH, AO, A1-A30, A99, V, VO,
VE, or V1-V30. It is also commonly referred to as the base floodplain
or 100-year floodplain. For purposes of this Local Law, the term "special
flood hazard area (SFHA)" is synonymous in meaning with the phrase
"area of special flood hazard."
The flood having a one percent chance of being equaled or
exceeded in any given year.
That portion of a building having its floor subgrade (below
ground level) on all sides.
See "Structure."
Has the same meaning as "Basement."
An enclosed area beneath the lowest elevated floor, eighteen
inches or more in height, which is used to service the underside of
the lowest elevated floor. The elevation of the floor of this enclosed
area, which may be of soil, gravel, concrete or other material, must
be equal to or above the lowest adjacent exterior grade. The enclosed
crawl space area shall be properly vented to allow for the equalization
of hydrostatic forces which would be experienced during periods of
flooding.
Structures or facilities that produce, use, or store highly
volatile, flammable, explosive, toxic and/or water-reactive materials;
Hospitals, nursing homes, and housing likely to contain occupants
who may not be sufficiently mobile to avoid death or injury during
a flood;
Police stations, fire stations, vehicle and equipment storage
facilities, and emergency operations centers that are needed for flood
response activities before, during, and after a flood; and
Public and private utility facilities that are vital to maintaining
or restoring normal services to flooded areas before, during, and
after a flood.
Any reconstruction, rehabilitation, addition, or other improvement
of a structure that equals or exceeds 50 percent of the market value
of the structure at the time of the improvement or repair when counted
cumulatively for a 10 year period.
Any man-made change to improved or unimproved real estate,
including but not limited to buildings or other structures, mining,
dredging, filling, paving, excavation or drilling operations or storage
of equipment or materials.
A non-basement building (i) built, in the case of a building
in Zones A1-A30, AE, A, A99, AO, AH, B, C, X, or D, to have the top
of the elevated floor, or in the case of a building in Zones V1-30,
VE, or V, to have the bottom of the lowest horizontal structure member
of the elevated floor, elevated above the ground level by means of
pilings, columns (posts and piers), or shear walls parallel to the
flow of the water and (ii) adequately anchored so as not to impair
the structural integrity of the building during a flood of up to the
magnitude of the base flood. In the case of Zones A1-A30, AE, A, A99,
AO, AH, B, C, X, or D, "elevated building" also includes a building
elevated by means of fill or solid foundation perimeter walls with
openings sufficient to facilitate the unimpeded movement of flood
waters. In the case of Zones V1-V30, VE, or V, "elevated building"
also includes a building otherwise meeting the definition of "elevated
building", even though the lower area is enclosed by means of breakaway
walls that meet the federal standards.
The Federal agency that administers the National Flood Insurance
Program.
An official map of the community published by the Federal
Emergency Management Agency as part of a riverine community's Flood
Insurance Study. The FBFM delineates a Regulatory Floodway along water
courses studied in detail in the Flood Insurance Study.
An examination, evaluation and determination of the flood
hazards and, if appropriate, corresponding water surface elevations,
or an examination, evaluation and determination of flood-related erosion
hazards.
An official map of a community, issued by the Federal Emergency
Management Agency, where the boundaries of the areas of special flood
hazard have been designated as Zone A but no flood elevations are
provided.
An official map of a community, on which the Federal Emergency
Management Agency has delineated both the areas of special flood hazard
and the risk premium zones applicable to the community.
See "flood elevation study."
A general and temporary condition of partial or complete
inundation of normally dry land areas from:
The overflow of inland or tidal waters;
The unusual and rapid accumulation or runoff of surface waters
from any source.
"Flood" or "flooding" also means the collapse or subsidence
of land along the shore of a lake or other body of water as a result
of erosion or undermining caused by waves or currents of water exceeding
anticipated cyclical levels or suddenly caused by an unusually high
water level in a natural body of water, accompanied by a severe storm,
or by an unanticipated force of nature, such as a flash flood or an
abnormal tidal surge, or by some similarly unusual and unforeseeable
event which results in flooding as defined in (1) above.
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Any land area susceptible to being inundated by water from
any source (see definition of "Flooding").
Any combination of structural and non-structural additions,
changes, or adjustments to structures which reduce or eliminate flood
damage to real estate or improved real property, water and sanitary
facilities, structures and their contents.
Has the same meaning as "Regulatory Floodway."
A use which cannot perform its intended purpose unless it
is located or carried out in close proximity to water, such as a docking
or port facility necessary for the loading and unloading of cargo
or passengers, shipbuilding, and ship repair facilities. The term
does not include long-term storage, manufacturing, sales, or service
facilities.
The highest natural elevation of the ground surface, prior
to construction, next to the proposed walls of a structure.
Any structure that is:
listed individually in the National Register of Historic Places
(a listing maintained by the Department of the Interior) or preliminarily
determined by the Secretary of the Interior as meeting the requirements
for individual listing on the National Register;
certified or preliminarily determined by the Secretary of the
Interior as contributing to the historical significance of a registered
historic district or a district preliminarily determined by the Secretary
to qualify as a registered historic district;
individually listed on a state inventory of historic places
in states with historic preservation programs which have been approved
by the Secretary of the Interior; or
individually listed on a local inventory of historic places
in communities with historic preservation programs that have been
certified either:
The person appointed by the community to administer and implement
this local law by granting or denying development permits in accordance
with its provisions. This person is often the Building Inspector,
Code Enforcement Officer, or employee of an engineering department.
Lowest floor of the lowest enclosed area (including basement
or cellar). An unfinished or flood resistant enclosure, usable solely
for parking of vehicles, building access, or storage in an area other
than a basement area is not considered a building's lowest floor;
provided, that such enclosure is not built so as to render the structure
in violation of the applicable non-elevation design requirements of
this Local Law.
A structure, transportable in one or more sections, which
is built on a permanent chassis and designed to be used with or without
a permanent foundation when connected to the required utilities. The
term does not include a "Recreational vehicle."
A parcel (or contiguous parcels) of land divided into two
or more manufactured home lots for rent or sale.
For purposes of the National Flood Insurance Program, the
National Geodetic Vertical Datum (NGVD) of 1929, the North American
Vertical Datum of 1988 (NAVD 88), or other datum, to which base flood
elevations shown on a community's Flood Insurance Rate Map are referenced.
Has the same meaning as "Manufactured home."
Structures for which the "start of construction" commenced
on or after the effective date of a floodplain management regulation
adopted by the community and includes any subsequent improvements
to such structure.
Has the same meaning as "Base Flood."
That at least 51 percent of the actual cash value of the
structure, excluding land value, is above ground.
A vehicle which is:
built on a single chassis;
400 square feet or less when measured at the largest horizontal
projections;
designed to be self-propelled or permanently towable by a light
duty truck; and
not designed primarily for use as a permanent dwelling but as
temporary living quarters for recreational, camping, travel, or seasonal
use.
The channel of a river or other watercourse and the adjacent
land areas that must be reserved in order to discharge the base flood
without cumulatively increasing the water surface elevation more than
a designated height as determined by the Federal Emergency Management
Agency in a Flood Insurance Study or by other agencies as provided
in § 7-7-6D(2) of this Law.
The date of permit issuance for new construction and substantial
improvements to existing structures, provided that actual start of
construction, repair, reconstruction, rehabilitation, addition placement,
or other improvement is within 180 days after the date of issuance.
The actual start of construction means the first placement of permanent
construction of a building (including a manufactured home) on a site,
such as the pouring of a slab or footings, installation of pilings
or construction of columns.
Permanent construction does not include land preparation (such
as clearing, excavation, grading, or filling), or the installation
of streets or walkways, or excavation for a basement, footings, piers
or foundations, or the erection of temporary forms, or the installation
of accessory buildings such as garages or sheds not occupied as dwelling
units or not part of the main building. For a substantial improvement,
the actual "start of construction" means the first alteration of any
wall, ceiling, floor, or other structural part of a building, whether
or not that alteration affects the external dimensions of the building.
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A walled and roofed building, including a gas or liquid storage
tank that is principally above ground, as well as a manufactured home.
Damage of any origin sustained by a structure whereby the
cost of restoring the structure to its before damaged condition would
equal or exceed 50 percent of the market value of the structure before
the damage occurred. Substantial damage also means flood-related damages
sustained by a structure on two separate occasions during a 10-year
period for which the cost of repairs at the time of such flood event,
on the average, equals or exceeds 25 percent of the market value of
the structure before the damage occurred.
Any reconstruction, rehabilitation, addition, or other improvement
of a structure, the cost of which equals or exceeds 50 percent of
the market value of the structure before the "start of construction"
of the improvement. Substantial improvement also means "cumulative
substantial improvement." The term includes structures which have
incurred "substantial damage," regardless of the actual repair work
performed. The term does not, however, include either:
any project for improvement of a structure to correct existing
violations of state or local health, sanitary, or safety code specifications
which have been identified by the local code enforcement official
and which are the minimum necessary to assure safe living conditions;
or
any alteration of a "Historic structure," provided that the
alteration will not preclude the structure's continued designation
as a "Historic structure."
A grant of relief from the requirements of this local law
which permits construction or use in a manner that would otherwise
be prohibited by this local law.
The failure of a structure or other development to be fully
compliant with the community's flood plain management regulations.
7-7-5.
General Provisions.
A.
Lands to Which This Local Law Applies. This local law
shall apply to all areas of special flood hazard within the jurisdiction
of the Town of Amherst.
B.
Basis for Establishing the Areas of Special Flood Hazard. The areas of special flood hazard are identified and defined on
the following documents prepared by the Federal Emergency Management
Agency:
(1)
Flood Insurance Rate Maps: 36029C0058H, 36029C0059H, 36029C0062H,
36029C0064H, 36029C0066H, 36029C0067H, 36029C0068H, 36029C0069H, 36029C0078H,
36029C0079H, 36029C0086H, 36029C0087H, 36029C0088H, 36029C0089H, 36029C0205H,
36029C0206H, 36029C0207H, 36029C0208H, 36029C0209H, 36029C0226H, 36029C0227H,
36029C0228H, 36029C0229H; whose effective date is June 7, 2019, and
any subsequent revisions to these map panels that do not affect areas
under our community's jurisdiction.
A scientific and engineering report entitled "Flood Insurance
Study, Erie County, New York (All Jurisdictions)" dated June 7, 2019.
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The above documents are hereby adopted and declared to be a
part of this Local Law. The Flood Insurance Study and/or maps are
on file at the offices of the Town Clerk and the Building Department,
5583 Main Street, Williamsville, New York 14221.
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C.
Interpretation and Conflict with Other Laws.
(1)
This Local Law includes all revisions to the National Flood
Insurance Program through October 27, 1997 and shall supersede all
previous laws adopted for the purpose of flood damage prevention.
(2)
In their interpretation and application, the provisions of this
local law shall be held to be minimum requirements, adopted for the
promotion of the public health, safety, and welfare. Whenever the
requirements of this local law are at variance with the requirements
of any other lawfully adopted rules, regulations, or ordinances, the
most restrictive, or that imposing the higher standards, shall govern.
D.
Severability. The invalidity of any section or provision
of this local law shall not invalidate any other section or provision
thereof.
E.
Penalties for Non-compliance. No structure in an area
of special flood hazard shall hereafter be constructed, located, extended,
converted, or altered and no land shall be excavated or filled without
full compliance with the terms of this local law and any other applicable
regulations. Any infraction of the provisions of this local law by
failure to comply with any of its requirements, including infractions
of conditions and safeguards established in connection with conditions
of the permit, shall constitute a violation. Any person who violates
this local law or fails to comply with any of its requirements shall,
upon conviction thereof, be fined no more than $250 or imprisoned
for not more than 15 days or both. Each day of noncompliance shall
be considered a separate offense. Nothing herein contained shall prevent
the Town of Amherst from taking such other lawful action as necessary
to prevent or remedy an infraction. Any structure found not compliant
with the requirements of this local law for which the developer and/or
owner has not applied for and received an approved variance under
7-7-8 will be declared non-compliant and notification sent to the
Federal Emergency Management Agency.
F.
Warning and Disclaimer of Liability. The degree of flood
protection required by this local law is considered reasonable for
regulatory purposes and is based on scientific and engineering considerations.
Larger floods can and will occur on rare occasions. Flood heights
may be increased by man-made or natural causes. This local law does
not imply that land outside the area of special flood hazards or uses
permitted within such areas will be free from flooding or flood damages.
This local law shall not create liability on the part of the Town
of Amherst, any officer or employee thereof, or the Federal Emergency
Management Agency, for any flood damages that result from reliance
on this local law or any administrative decision lawfully made there
under.
7-7-6.
Administration.
A.
Designation of the Local Administrator. The Commissioner
of Building is hereby appointed Local Administrator to administer
and implement this local law by granting or denying floodplain development
permits in accordance with its provisions.
B.
The Floodplain Development Permit.
(1)
Purpose. A floodplain development permit is hereby
established for all construction and other development to be undertaken
in areas of special flood hazard in this community for the purpose
of protecting its citizens from increased flood hazards and insuring
that new development is constructed in a manner that minimizes its
exposure to flooding. It shall be unlawful to undertake any development
in an area of special flood hazard, as shown on the Flood Insurance
Rate Map enumerated in § 7-7-5B, without a valid floodplain
development permit. Application for a permit shall be made on forms
furnished by the Local Administrator and may include, but not be limited
to: plans, in duplicate, drawn to scale and showing: the nature, location,
dimensions, and elevations of the area in question; existing or proposed
structures, fill, storage of materials, drainage facilities, and the
location of the foregoing.
(2)
Fees. All applications for a floodplain development
permit shall be accompanied by an application fee of $300.00 for the
first acre of lot area plus an additional $150.00 for each contiguous
acre thereafter or $150.00 for accessory structures not exceeding
600 square feet in floor area associated with 1 & 2 family homes.
In addition, the applicant shall be responsible for reimbursing the
Town of Amherst for any additional costs necessary for review, inspection
and approval of this project. The Local Administrator may require
a deposit of no more than $500.00 to cover these additional costs.
C.
Application for a Permit. The applicant shall provide the following information as appropriate.
Additional information may be required on the permit application form.
(a)
The proposed elevation, in relation to mean sea level, of the
lowest floor (including basement or cellar) of any new or substantially
improved structure to be located in Zones A1-A30, AE or AH, or Zone
A if base flood elevation data are available. Upon completion of the
lowest floor, the permitee shall submit to the Local Administrator
the as-built elevation, certified by a licensed professional engineer
or surveyor.
(b)
The proposed elevation, in relation to mean sea level, to which
any new or substantially improved non-residential structure will be
floodproofed. Upon completion of the floodproofed portion of the structure,
the permitee shall submit to the Local Administrator the as-built
floodproofed elevation, certified by a professional engineer or surveyor.
(c)
A certificate from a licensed professional engineer or architect
that any utility floodproofing will meet the criteria in 7-7-7B(3),
UTILITIES.
(d)
A certificate from a licensed professional engineer or architect
that any non-residential floodproofed structure will meet the floodproofing
criteria in 7-7-7D, NON-RESIDENTIAL STRUCTURES.
(e)
A description of the extent to which any watercourse will be
altered or relocated as a result of proposed development. Computations
by a licensed professional engineer must be submitted that demonstrate
that the altered or relocated segment will provide equal or greater
conveyance than the original stream segment. The applicant must submit
any maps, computations or other material required by the Federal Emergency
Management Agency (FEMA) to revise the documents enumerated in § 7-7-5B,
when notified by the Local Administrator, and must pay any fees or
other costs assessed by FEMA for this purpose. The applicant must
also provide assurances that the conveyance capacity of the altered
or relocated stream segment will be maintained.
(f)
A technical analysis, by a licensed professional engineer, if
required by the Local Administrator, which shows whether proposed
development to be located in an area of special flood hazard may result
in physical damage to any other property.
(g)
In Zone A, when no base flood elevation data are available from
other sources, base flood elevation data shall be provided by the
permit applicant for subdivision proposals and other proposed developments
(including proposals for manufactured home and recreational vehicle
parks and subdivisions) that are greater than either 50 lots or 5
acres.
D.
Duties and Responsibilities of the Local Administrator. Duties of the Local Administrator shall include, but not be limited
to the following:
(1)
Permit Application Review. The Local Administrator
shall conduct the following permit application review before issuing
a floodplain development permit:
(a)
Review all applications for completeness, particularly with
the requirements of 7-7-6C, APPLICATION FOR A PERMIT, and for compliance
with the provisions and standards of this law.
(b)
Review subdivision and other proposed new development, including
manufactured home parks to determine whether proposed building sites
will be reasonably safe from flooding. If a proposed building site
is located in an area of special flood hazard, all new construction
and substantial improvements shall meet the applicable standards of
7-7-7, CONSTRUCTION STANDARDS and, in particular, 7-7-7A(1) SUBDIVISION
PROPOSALS.
(c)
Determine whether any proposed development in an area of special
flood hazard may result in physical damage to any other property (e.g.,
stream bank erosion and increased flood velocities). The Local Administrator
may require the applicant to submit additional technical analyses
and data necessary to complete the determination.
If the proposed development may result in physical damage to
any other property or fails to meet the requirements of 7-7-7, CONSTRUCTION
STANDARDS, no permit shall be issued. The applicant may revise the
application to include measures that mitigate or eliminate the adverse
effects and re-submit the application.
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(d)
Determine that all necessary permits have been received from
those governmental agencies from which approval is required by State
or Federal law.
(2)
Use of Other Flood Data.
(a)
When the Federal Emergency Management Agency has designated
areas of special flood hazard on the community's Flood Insurance Rate
map (FIRM) but has neither produced water surface elevation data (these
areas are designated Zone A or V on the FIRM) nor identified a floodway,
the Local Administrator shall obtain, review and reasonably utilize
any base flood elevation and floodway data available from a Federal,
State or other source, including data developed pursuant to 7-7-6C(g),
as criteria for requiring that new construction, substantial improvements
or other proposed development meet the requirements of this law.
(b)
When base flood elevation data are not available, the Local
Administrator may use flood information from any other authoritative
source, such as historical data, to establish flood elevations within
the areas of special flood hazard, for the purposes of this law.
(c)
When an area of special flood hazard, base flood elevation,
and/or floodway data are available from a Federal, State or other
authoritative source, but differ from the data in the documents enumerated
in 7-7-5B, the Local Administrator may reasonably utilize the other
flood information to enforce more restrictive development standards.
(3)
Alteration of Watercourses.
(a)
Notification to adjacent municipalities that may be affected
and the New York State Department of Environmental Conservation prior
to permitting any alteration or relocation of a watercourse and submit
evidence of such notification to the Regional Administrator, Region
II, Federal Emergency Management Agency.
(b)
Determine that the permit holder has provided for maintenance
within the altered or relocated portion of said watercourse so that
the flood carrying capacity is not diminished.
(4)
Construction Stage.
(a)
In Zones A1-A30, AE and AH, and also Zone A if base flood elevation
data are available, upon placement of the lowest floor or completion
of floodproofing of a new or substantially improved structure, obtain
from the permit holder a certification of the as-built elevation of
the lowest floor or floodproofed elevation, in relation to mean sea
level. The certificate shall be prepared by or under the direct supervision
of a licensed land surveyor or professional engineer and certified
by same. For manufactured homes, the permit holder shall submit the
certificate of elevation upon placement of the structure on the site.
A certificate of elevation must also be submitted for a recreational
vehicle if it remains on a site for 180 consecutive days or longer
(unless it is fully licensed and ready for highway use).
(b)
Any further work undertaken prior to submission and approval
of the certification shall be at the permit holder's risk. The Local
Administrator shall review all data submitted. Deficiencies detected
shall be cause to issue a stop work order for the project unless immediately
corrected.
(5)
Inspections. The Local Administrator and/or the
developer's engineer or architect shall make periodic inspections
at appropriate times throughout the period of construction in order
to monitor compliance with permit conditions and enable said inspector
to certify, if requested, that the development is in compliance with
the requirements of the floodplain development permit and/or any variance
provisions.
(6)
Stop Work Orders.
(a)
The Local Administrator shall issue, or cause to be issued,
a stop work order for any floodplain development found ongoing without
a development permit. Disregard of a stop work order shall subject
the violator to the penalties described in 7-7-5E of this local law.
(b)
The Local Administrator shall issue, or cause to be issued,
a stop work order for any floodplain development found non-compliant
with the provisions of this law and/or the conditions of the development
permit. Disregard of a stop work order shall subject the violator
to the penalties described in 7-7-5E of this local law.
(7)
Certificate of Compliance.
(a)
In areas of special flood hazard, as determined by documents
enumerated in 7-7-5B, it shall be unlawful to occupy or to permit
the use or occupancy of any building or premises, or both, or part
thereof hereafter created, erected, changed, converted or wholly or
partly altered or enlarged in its use or structure until a certificate
of compliance has been issued by the Local Administrator stating that
the building or land conforms to the requirements of this local law.
(b)
A certificate of compliance shall be issued by the Local Administrator
upon satisfactory completion of all development in areas of special
flood hazard.
(c)
Issuance of the certificate shall be based upon the inspections
conducted as prescribed in 7-7-6D(5), INSPECTIONS, and/or any certified
elevations, hydraulic data, floodproofing, anchoring requirements
or encroachment analyses which may have been required as a condition
of the approved permit.
(8)
Information To Be Retained. The Local Administrator
shall retain and make available for inspection, copies of the following:
(a)
Floodplain development permits and certificates of compliance;
(b)
Certifications of as-built lowest floor elevations of structures
required pursuant to 7-7-6D(4)(a) and 7-7-6D(4)(b), and whether or
not the structures contain a basement;
(c)
Floodproofing certificates required pursuant to 7-7-6D(4)(a)
and whether the structures contain a basement;
(d)
Variances issued pursuant to 7-7-8, VARIANCE PROCEDURES; and,
(e)
Notices required under 7-7-6D(3), ALTERATION OF WATERCOURSES.
7-7-7.
Construction Standards.
A.
General Standards. The following standards apply to
new development, including new and substantially improved structures,
in the areas of special flood hazard shown on the Flood Insurance
Rate Map designated in 7-7-5B.
(1)
Subdivision Proposals. The following standards
apply to all new subdivision proposals and other proposed development
in areas of special flood hazard (including proposals for manufactured
home and recreational vehicle parks and subdivisions):
(2)
Encroachments.
(a)
Within Zones A1-A30 and AE, on streams without a regulatory
floodway, no new construction, substantial improvements or other development
(including fill) shall be permitted unless:
(i)
the applicant demonstrates that the cumulative
effect of the proposed development, when combined with all other existing
and anticipated development, will not increase the water surface elevation
of the base flood more than one foot at any location, or,
(ii)
the Town of Amherst agrees to apply to the Federal
Emergency Management Agency (FEMA) for a conditional FIRM revision,
FEMA approval is received and the applicant provides all necessary
data, analyses and mapping and reimburses the Town of Amherst for
all fees and other costs in relation to the application. The applicant
must also provide all data, analyses and mapping and reimburse the
Town of Amherst for all costs related to the final map revision.
(b)
On streams with a regulatory floodway, as shown on the Flood
Boundary and Floodway Map or the Flood Insurance Rate Map adopted
in 7-7-5B, no new construction, substantial improvements or other
development in the floodway (including fill) shall be permitted unless:
(i)
a technical evaluation by a licensed professional
engineer demonstrates through hydrologic and hydraulic analyses performed
in accordance with standard engineering practice that such an encroachment
shall not result in any increase in flood levels during occurrence
of the base flood, or,
(ii)
the Town of Amherst agrees to apply to the Federal
Emergency Management Agency (FEMA) for a conditional FIRM and floodway
revision, FEMA approval is received, and the applicant provides all
necessary data, analyses and mapping and reimburses the Town of Amherst
for all fees and other costs in relation to the application. The applicant
must also provide all data, analyses and mapping and reimburse the
Town of Amherst for all costs related to the final map revisions.
(c)
In Zones A1-A30, AE and AH, and also Zone A if base flood elevation
data are available, if any development is found to increase or decrease
base flood elevations, the Town of Amherst shall as soon as practicable,
but not later than six months after the date such information becomes
available, notify FEMA and the New York State Department of Environmental
Conservation of the changes by submitting technical or scientific
data in accordance with standard engineering practice.
B.
Standards for All Structures. The following standards
apply to new development, including new and substantially improved
structures, in the areas of special flood hazard shown on the Flood
Insurance Rate Map designated in 7-7-5B.
(1)
Anchoring. New structures and substantial improvement
to structures in areas of special flood hazard shall be anchored to
prevent flotation, collapse, or lateral movement during the base flood.
This requirement is in addition to applicable State and local anchoring
requirements for resisting wind forces.
(2)
Construction Materials and Methods.
(a)
New construction and substantial improvements to structures
shall be constructed with materials and utility equipment resistant
to flood damage.
(b)
New construction and substantial improvements to structures
shall be constructed using methods and practices that minimize flood
damage.
(c)
For enclosed areas below the lowest floor of a structure within
Zones A1-A30, AE, AO or A, new and substantially improved structures
shall have fully enclosed areas below the lowest floor that are useable
solely for parking of vehicles, building access or storage in an area
other than a basement and which are subject to flooding, designed
to automatically equalize hydrostatic flood forces on exterior walls
by allowing for the entry and exit of flood waters. Designs for meeting
this requirement must either be certified by a licensed professional
engineer or architect or meet or exceed the following minimum criteria:
(i)
a minimum of two openings of each enclosed area
having a total net area of not less than one square inch for every
square foot of enclosed area subject to flooding;
(ii)
the bottom of all such openings no higher than
one foot above the lowest adjacent finished grade and;
(iii)
openings not less than three inches in any direction.
Openings may be equipped with louvers, valves, screens or other
coverings or devices provided they permit the automatic entry and
exit of floodwaters. Enclosed areas sub-grade on all sides are considered
basements and are not permitted.
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(3)
Utilities.
(a)
New and replacement electrical equipment, heating, ventilating,
air conditioning, plumbing connections, and other service equipment
shall be located at least two feet above the base flood elevation,
or at least three feet above the highest adjacent grade in a Zone
A without an available base flood elevation, or be designed to prevent
water from entering and accumulating within the components during
a flood and to resist hydrostatic and hydrodynamic loads and stresses.
Electrical wiring and outlets, switches, junction boxes and panels
shall be elevated or designed to prevent water from entering and accumulating
within the components unless they conform to the appropriate provisions
of the electrical part of the Building Code of New York State or the
Residential Code of New York State for location of such items in wet
locations;
(b)
New and replacement water supply systems shall be designed to
minimize or eliminate infiltration of flood waters into the system;
(c)
New and replacement sanitary sewage systems shall be designed
to minimize or eliminate infiltration of flood waters. Sanitary sewer
and storm drainage systems for buildings that have openings below
the base flood elevation shall be provided with automatic backflow
valves or other automatic backflow devices that are installed in each
discharge line passing through a building's exterior wall; and,
(d)
On-site waste disposal systems shall be located to avoid impairment
to them or contamination from them during flooding.
C.
Residential Structures.
(1)
Elevation. The following standards apply to new
and substantially improved residential structures located in areas
of special flood hazard, in addition to the requirements in 7-7-7A(1),
SUBDIVISION PROPOSALS, and 7-7-7A(2), ENCROACHMENTS, and 7-7-7B, STANDARDS
FOR ALL STRUCTURES.
(a)
Within Zones A1-A30, AE and AH and also Zone A if base flood
elevation data are available, new construction and substantial improvements
shall have the lowest floor (including basement) elevated to or above
two feet above the base flood elevation.
(b)
Within Zone A, when no base flood elevation data are available,
new construction and substantial improvements shall have the lowest
floor (including basement) elevated at least three feet above the
highest adjacent grade.
(c)
Within Zone AO, new construction and substantial improvements
shall have the lowest floor (including basement) elevated above the
highest adjacent grade at least as high as the depth number specified
in feet on the community's Flood Insurance Rate Map enumerated in
7-7-5B plus two feet (at least three feet if no depth number is specified).
(d)
Within Zones AH and AO, adequate drainage paths are required
to guide flood waters around and away from proposed structures on
slopes.
(2)
Residential Basement Exception. Upon approval by
FEMA of a basement exception policy for the Town of Amherst and where
a site-specific variance from Uniform Code has been granted, when
the local Administrator has determined that the flood depth, measured
from the base flood elevation to the original grade, is five feet
or less for developable lots that are contiguous to land above the
base flood elevation and three feet or less for other lots; and where
the flood velocities are five feet per second or less; the local floodplain
administrator may issue building permits for residential structures
containing basements in Zones A1-30, AH, AO, or AE, provided that
such structures shall:
(a)
Be designed and built so that any basement area together with
attendant utilities and sanitary facilities below the floodproofed
design level, is watertight with walls that are impermeable to the
passage of water without human intervention. Basement walls shall
be built with the capacity to resist hydrostatic and hydrodynamic
loads and the effects of buoyancy resulting from flooding to the floodproofed
design level, and shall be designed so that minimal damage will occur
from floods that exceed that level. The floodproofed design level
shall be an elevation two feet above the base flood elevation.
(b)
Have the top of the floor of any basement area no lower than
five feet below the base flood elevation.
(c)
Have the area surrounding the structure on all sides filled
to or above the base flood elevation. Fill must be compacted with
slopes protected by vegetative cover.
(d)
Have a registered professional engineer or architect develop
or review the building's structural design specifications and plans,
including consideration of the depths, velocity and duration of flooding
and type and permeability of soils at the building site, and certify
that the basement design and methods of construction proposed are
in accordance with accepted standards of practice for meeting the
provisions of this subsection.
(e)
Be inspected by the Floodplain Administrator or his/her designee
to verify that the structure is built according to its design and
the provisions of this section which are verifiable.
D.
Non-Residential
Structures. The following standards apply to new and substantially
improved commercial, industrial and other non-residential structures
located in areas of special flood hazard, in addition to the requirements
in 7-7-7A(1), SUBDIVISION PROPOSALS, and 7-7-7A(2), ENCROACHMENTS,
and 7-7-7B, STANDARDS FOR ALL STRUCTURES.
(a)
Within Zones A1-A30, AE and AH, and also Zone A if base flood
elevation data are available, new construction and substantial improvements
of any non-residential structure shall either:
(i)
have the lowest floor, including basement or cellar, elevated
to or above two feet above the base flood elevation; or
(ii)
be floodproofed so that the structure is watertight
below two feet above the base flood elevation, including attendant
utility and sanitary facilities, with walls substantially impermeable
to the passage of water. All structural components located below the
base flood level must be capable of resisting hydrostatic and hydrodynamic
loads and the effects of buoyancy.
(b)
Within Zone AO, new construction and substantial improvements
of non-residential structures shall:
(i)
have the lowest floor (including basement) elevated above the
highest adjacent grade at least as high as the depth number specified
in feet on the community's FIRM plus two feet (at least three feet
if no depth number is specified), or
(ii)
together with attendant utility and sanitary facilities,
be completely floodproofed to that level to meet the floodproofing
standard specified in 7-7-7D(a)(ii).
(c)
If the structure is to be floodproofed, a licensed professional
engineer or architect shall develop and/or review structural design,
specifications, and plans for construction. A Floodproofing Certificate
or other certification shall be provided to the Local Administrator
that certifies the design and methods of construction are in accordance
with accepted standards of practice for meeting the provisions of
7-7-7D(a)(ii), including the specific elevation (in relation to mean
sea level) to which the structure is to be floodproofed.
(d)
Within Zones AH and AO, adequate drainage paths are required
to guide flood waters around and away from proposed structures on
slopes.
(e)
Within Zone A, when no base flood elevation data are available,
the lowest floor (including basement) shall be elevated at least three
feet above the highest adjacent grade.
E.
Manufactured
Homes and Recreational Vehicles. The following standards in
addition to the standards in 7-7-7A, GENERAL STANDARDS, and 7-7-7B,
STANDARDS FOR ALL STRUCTURES apply, as indicated, in areas of special
flood hazard to manufactured homes and to recreational vehicles which
are located in areas of special flood hazard.
(a)
Recreational vehicles placed on sites within Zones A1-A30, AE
and AH shall either:
(i)
be on site fewer than 180 consecutive days,
(ii)
be fully licensed and ready for highway use, or
(iii)
meet the requirements for manufactured homes
in 7-7-7E(b), (c) and (d).
A recreational vehicle is ready for highway use if it is on
its wheels or jacking system, is attached to the site only by quick
disconnect type utilities and security devices and has no permanently
attached additions.
|
(b)
A manufactured home that is placed or substantially improved
in Zones A1-A30, AE and AH shall be elevated on a permanent foundation
such that the bottom of the frame of the manufactured home chassis
is elevated to or above two feet above the base flood elevation and
is securely anchored to an adequately anchored foundation system to
resist flotation, collapse and lateral movement.
(c)
Within Zone A, when no base flood elevation data are available,
new and substantially improved manufactured homes shall be elevated
such that the bottom of the frame of the manufactured home chassis
is supported by reinforced piers or other foundation elements of at
least equivalent strength that are no less than 36 inches in height
above grade and are securely anchored to an adequately anchored foundation
system to resist flotation, collapse or lateral movement.
(d)
Within Zone AO, the bottom of the frame of the manufactured
home chassis shall be elevated above the highest adjacent grade at
least as high as the depth number specified on the Flood Insurance
Rate Map enumerated in 7-7-5B plus two feet (at least three feet if
no depth number is specified).
F.
Accessory Structures
Including Detached Garages. The following standards apply to
new and substantially improved accessory structures, including detached
garages, in the areas of special flood hazard shown on the Flood Insurance
Rate Map designated in 7-7-5B.
(a)
Within Zones A1-A30, AE, AO, AH, A, accessory structures must
meet the standards of 7-7-7B(1), ANCHORING.
(b)
Within Zones A1-A30, AE and AH, and also Zone A if base flood
elevation data are available, areas below two feet above the base
flood elevation shall be constructed using methods and practices that
minimize flood damage.
(c)
Within Zones AO and Zone A, if base flood elevation data are
not available, areas below three feet above the highest adjacent grade
shall be constructed using methods and practices that minimize flood
damage.
(d)
Structures must be designed to automatically equalize hydrostatic
flood forces on exterior walls by allowing for the entry and exit
of flood waters in accordance with 7-7-7B(2)(c).
(e)
Utilities must meet the requirements of 7-7-7B(3), UTILITIES.
G.
Critical Facilities. In order to prevent potential flood
damage to certain facilities that would result in serious danger to
life and health, or widespread social or economic dislocation, no
new critical facility shall be located within and Area of Special
Flood Hazard, or within any 500-year flood zone shown as a B zone
or a Shaded X zone on the Community's Flood Insurance Rate Maps.
7-7-8.
Variance Procedure.
A.
Appeals Board.
(a)
The Zoning Board of Appeals as established by the Town of Amherst
shall hear and decide appeals and requests for variances from the
requirements of this local law.
(b)
The Zoning Board of Appeals shall hear and decide appeals when
it is alleged there is an error in any requirement, decision, or determination
made by the Local Administrator in the enforcement or administration
of this local law.
(c)
Those aggrieved by the decision of the Zoning Board of Appeals
may appeal such decision to the Supreme Court pursuant to Article
78 of the Civil Practice Law and Rules.
(d)
In passing upon such applications, the Zoning Board of Appeals,
shall consider all technical evaluations, all relevant factors, standards
specified in other sections of this local law and:
(i)
the danger that materials may be swept onto other lands to the
injury of others;
(ii)
the danger to life and property due to flooding
or erosion damage;
(iii)
the susceptibility of the proposed facility and
its contents to flood damage and the effect of such damage on the
individual owner;
(iv)
the importance of the services provided by the
proposed facility to the community;
(v)
the necessity to the facility of a waterfront location, where
applicable;
(vi)
the availability of alternative locations for
the proposed use which are not subject to flooding or erosion damage;
(vii)
the compatibility of the proposed use with existing
and anticipated development;
(viii)
the relationship of the proposed use to the
comprehensive plan and floodplain management program of that area;
(ix)
the safety of access to the property in times
of flood for ordinary and emergency vehicles;
(x)
the costs to local governments and the dangers associated with
conducting search and rescue operations during periods of flooding;
(xi)
the expected heights, velocity, duration, rate
of rise and sediment transport of the flood waters and the effects
of wave action, if applicable, expected at the site; and
(xii)
the costs of providing governmental services
during and after flood conditions, including search and rescue operations,
maintenance and repair of public utilities and facilities such as
sewer, gas, electrical, and water systems and streets and bridges.
(e)
Upon consideration of the factors of 7-7-8A(d) and the purposes
of this local law, the Zoning Board of Appeals may attach such conditions
to the granting of variances as it deems necessary to further the
purposes of this local law.
(f)
The Local Administrator shall maintain the records of all appeal
actions including technical information and report any variances to
the Federal Emergency Management Agency upon request.
B.
Conditions
for Variances.
(a)
Generally, variances may be issued for new construction and
substantial improvements to be erected on a lot of one-half acre or
less in size contiguous to and surrounded by lots with existing structures
constructed below the base flood level, providing items (i-xii) in
7-7-8A(d) have been fully considered. As the lot size increases beyond
the one-half acre, the technical justification required for issuing
the variance increases.
(b)
Variances may be issued for the repair or rehabilitation of
historic structures upon determination that:
(c)
Variances may be issued by a community for new construction
and substantial improvements and for other development necessary for
the conduct of a functionally dependent use provided that:
(d)
Variances shall not be issued within any designated floodway
if any increase in flood levels during the base flood discharge would
result.
(e)
Variances shall only be issued upon a determination that the
variance is the minimum necessary, considering the flood hazard, to
afford relief.
(f)
Variances shall only be issued upon receiving written justification
of:
(i)
a showing of good and sufficient cause;
(ii)
a determination that failure to grant the variance
would result in exceptional hardship to the applicant; and
(iii)
a determination that the granting of a variance
will not result in increased flood heights, additional threats to
public safety, extraordinary public expense, create nuisances, cause
fraud on or victimization of the public or conflict with existing
local laws or ordinances.
(g)
Any applicant to whom a variance is granted for a building with
the lowest floor below the base flood elevation shall be given written
notice over the signature of a community official that:
(i)
the issuance of a variance to construct a structure below the
base flood level will result in increased premium rates for flood
insurance up to amounts as high as $25 for $100 of insurance coverage;
and
(ii)
such construction below the base flood level increases
risks to life and property.
Such notification shall be maintained with the record of all
variance actions as required in 7-7-6D(8) of this Local Law.
|
[Amended 1-16-2007 by L.L. No. 2-2007; 2-4-2008 by L.L. No.
1-2008; 9-21-2009 by L.L. No. 14-2009; 4-12-2010 by L.L. No.
2-2010; 7-6-2010 by L.L. No. 9-2010; 8-1-2011 by L.L. No.
19-2011; 12-12-2011 by L.L. No. 31-2011; 6-4-2012 by L.L. No.
13-2012; 2-24-2014 by L.L. No. 5-2014; 4-8-2014 by L.L. No.
7-2014]
Note: See § 8-10 and § 8-11
for additional sign regulations.
7-8-1.
Purpose. Sign regulations, including provisions
to control the type, design, size, location, motion, illumination
and maintenance, are designed to achieve the following purposes:
A.
To protect property values, create a more attractive economic and
business climate and protect the physical appearance of the community
from the effects of inharmonious and out-of-scale signs.
B.
To preserve the scenic and natural beauty of designated areas and
provide a more enjoyable and scenic community.
C.
To reduce signs or advertising distractions or obstructions that
may contribute to traffic accidents.
D.
To provide reasonable, yet appropriate, conditions for advertising
goods sold or services rendered in business districts by relating
the size, type and design of signs to the type of establishment.
E.
To control signs so that their appearance will be aesthetically harmonious
with the overall design of the area.
F.
To reduce hazards that may be caused by signs overhanging or projecting
over public rights-of-way.
G.
To curb the deterioration of natural beauty in the community's environment.
7-8-2.
Prohibited Signs. All signs not expressly permitted
or exempt from regulation under this Section are prohibited in all
districts. Such signs include, but are not limited to:
A.
Banners, posters, pennants, ribbons, streamers, spinners or other
similar moving, fluttering or revolving devices or strings of lights
are prohibited.
B.
Rotating or revolving signs;
C.
Beacons;
D.
Any sign mounted, attached or painted on a trailer, boat, or motor
vehicle when parked, stored, or displayed conspicuously on the public
right-of-way or private premises in a manner intended to attract attention
of the public for advertising purposes. If on-site parking is available,
such vehicles must be parked to the interior side yard or rear yard
of the building, or in a location as directed by the Commissioner
of Building. This provision expressly excludes business signs that
are permanently painted on, or magnetically attached to, motor vehicles
or rolling stock that are regularly and consistently used to conduct
normal business activities.
E.
Signs, as regulated by this Ordinance, used to attract attention
to an object, product, place, activity, institution, organization
or business not available or located on the premises where the sign
is located, unless part of a unified development and a coordinated
sign plan is approved.
F.
Signs advertising or identifying a business which is no longer operating.
Any sign accessory or incidental to a business shall be removed within
30 days after the business ceases to operate;
G.
Roof signs placed, inscribed or supported upon or above the highest
part of the roofline except such directional devices as may be required
by the FAA;
H.
Signs that create a traffic hazard by obstructing the view at any
street intersection or by design resemblance through color, shape
or other characteristics common to traffic control devices;
I.
Signs that encroach into the clear sight triangle as described in
§ 2-5-1;
J.
Signs in the public right-of-way or on other public property; and
K.
A sign attached to any accessory structure, including but not limited
to, a screen wall, refuse enclosure, fence or cart corrals.
[Amended 12-16-2019 by L.L. No. 22-2019]
7-8-3.
Signs Exempt from Regulation.
A.
Exempt Signs. The following signs shall be exempt from
regulation under this Section and shall not require a building permit
for a sign as described in § 8-10.
[Amended 4-8-2014 by L.L. No. 8-2014]
(1)
Signs erected and maintained pursuant to and in discharge of
any governmental function;
(2)
Signs prohibiting trespassing;
(3)
integral, decorative or architectural features of building,
except letters or trademarks;
(4)
Any sign inside a building, not attached to a window or door,
that is not legible from a distance of more than three feet beyond
the lot line of the lot or parcel on which such sign is located; and
(5)
Temporary signs proposed by civic or non-profit groups in conjunction
with a Town Board resolution permitting a limited activity.
B.
Signs Not Requiring a Permit. The following signs shall
be exempt from regulation under this Section and shall not require
a building permit for a sign as described in § 8-10,
provided that the sign meets the additional standards given below.
7-8-4.
Signs Requiring a Permit. Upon issuance of a building
permit for a sign in accordance with § 8-10, Building
Permit for Signs, the following signs shall be permitted subject to
the following requirements.
7-8-5.
Sign Lighting Standards.
A.
Any illuminated sign or lighting device shall employ only lights
emitting a light of constant intensity and no sign shall be illuminated
by or contain flashing, intermittent, rotating or moving light or
lights.
B.
In no event shall any illuminated sign or lighting device be placed
so as to permit its beams and illumination to be directed upon a public
street, highway, sidewalk or adjacent premises so as to cause glare
or reflection that may constitute a traffic hazard or nuisance.
C.
The full number of illuminating elements of a sign shall be kept
in working condition or immediately repaired or replaced.
7-8-6.
Sign Area Computation. The following principles
shall control the computation of sign area and sign height.
A.
Computation of Area of Individual Signs.
(1)
The area of a sign face shall be computed as the area of the
smallest square, circle, rectangle, or triangle that will encompass
the extreme limits of the writing, representation, emblem, or other
display, together with any material or color determined by the Commissioner
of Building to form an integral part of the background of the display
or used to differentiate the sign from the backdrop or structure against
which it is placed. The supporting structure or bracing of a sign
shall be omitted in measuring the area of the sign unless such structure
or bracing is made part of the message or face of the sign.
(2)
Where a sign consists of individual letters, words or symbols
attached to a surface, building, canopy, awning or wall, the sign
area shall be the area of the smallest rectangle which completely
encompasses all such letters, words or symbols and any accompanying
background of a color different than the color of the wall.
B.
Computation of Area of Multi-faced Signs. The sign area
for a sign with more than one face shall be computed by adding together
the area of all sign faces. When two identical sign faces are placed
back to back, the size of any single face shall not exceed 50 percent
of the total area permitted.
C.
Computation of Height. The height of a sign shall be
computed as the mean distance from the base(s) of the sign at finished
grade to the top of the highest attached component of the sign. Normal
grade shall be construed to be the newly established grade after construction,
exclusive of any filling, berming, mounding, or excavating solely
for the purpose of locating the sign.
7-8-7.
Permitted Signs Table.
Sign Type
|
Residential Districts
|
Business and Mixed Use Districts*
[Amended 9-3-2019] |
Industrial Districts
|
All Other Districts
| |
---|---|---|---|---|---|
SIGNS NOT REQUIRING A PERMIT
| |||||
Address sign
| |||||
Construction sign
| |||||
Incidental sign****
[Amended 11-30-2020 by L.L. No. 17-2020] | |||||
Fuel pump sign
| |||||
Home occupation sign
| |||||
Political sign
| |||||
Real estate sign
| |||||
Window sign
| |||||
SIGNS REQUIRING A PERMIT
| |||||
Building Signs
| |||||
Awning sign
| |||||
Fascia sign
| |||||
Hanging sign
| |||||
Marquee sign
| |||||
Projecting sign
| |||||
Wall sign
| |||||
Menu Board
| |||||
Freestanding Signs
| |||||
Ground sign
| |||||
Message center sign
| |||||
Pole sign
[Amended 11-30-2020 by L.L. No. 17-2020] | |||||
Subdivision identification sign
| |||||
Miscellaneous Signs
| |||||
Directory sign
| |||||
*
|
In the SC-Shopping Center District, in addition to the pole
sign described in § 7-8-4, only wall, ground, hanging,
fascia, and permanent changeable letter signs shall be permitted.
[Amended 3-14-2022 by L.L. No. 4-2022] | ||||
**
|
Pole signs are not permitted in the OB, NB, TNB or the TI- Traditional
Infill districts. Such signs are permitted in the SC-3, DC-3, DC-5
and CTR-2.5, CTR-5 and CTR-8 districts subject to the following restriction:
Pole signs shall be permitted only on those parcels which are a “multiple
development” and have a building which is at least 25,000 sf
in area.
[Amended 9-3-2019; 3-14-2022 by L.L. No. 4-2022] | ||||
***
|
Message center signs are not permitted in the TNB, PRD, PDD,
TND or the TI – Traditional Infill districts.
[Amended 9-3-2019; 3-14-2022 by L.L. No. 4-2022] | ||||
****
|
If greater than 2 sq. ft. or bearing advertising, a sign permit
is required and the area of the sign counts towards the allowable
sign area for the development.
[Added 11-30-2020 by L.L.
No. 17-2020] | ||||
Ground, wall and awning signs only are permitted in the LW-1
District.
|
7-8-8.
Permitted Sign Area.
A.
All Signs. The maximum area of all signs, excluding
those that are exempt, shall be related to the height of the building
above the finished grade and the length of the wall of the building
facing the nearest street. The total maximum face area for all signs
shall not exceed X square feet per linear foot of building frontage
where X equals the values in the following table. Lots fronting on
two or more streets are allowed to calculate all street frontages
into the allowable allocation. The allowance included in the prior
sentence shall not be applicable to any Controlled Access Highway
as detailed in § 120-5 of the Code of the Town of
Amherst or any other street where vehicular access is not permitted
including, but not limited to, the New York State Thruway (I-90),
the Youngmann Expressway (I-290) and the Lockport Expressway (I-990).
Sign Area (square feet) per Linear Foot
| |||
---|---|---|---|
District
|
Under 2 Stories
|
2 Stories
|
Over 2 Stories
|
RD, ST, GI
|
1.00
|
1.25
|
1.50
|
GB, SC, SC-3, DC-, CTR-
[Amended 9-3-2019] |
2.00
|
2.00
|
2.00
|
MS, CS
|
1.50
|
1.75
|
2.00
|
NB, OB, TI-
[Amended 9-3-2019] |
0.75
|
1.00
|
1.25
|
CF
|
0.50
|
0.50
|
0.50
|
RC
[Added 12-16-2019 by L.L.
No. 22-2019] |
0.50
|
0.50
|
0.50
|
LW-1
|
12 sq. ft. maximum (see § 5-8-4C)
|
B.
Pole Signs. The maximum total face area for a pole sign
shall be determined by the street frontage of the lot. Where the lot
fronts on more than one street, the frontage shall be the length of
the longest side. The size of any single face shall not exceed 50
percent of the total area permitted.
Street Frontage
(feet)
|
Total Face Area
(square feet)
|
---|---|
Under 200
|
64
|
200 to 349
|
96
|
350 to 499
|
128
|
500 to 750
|
160
|
Over 750
|
192
|
C.
A permitted public and civic use located in a residential district
shall be allowed a maximum of 32 square feet of total sign area. Ground
and wall signs shall be permitted and shall not contain a message
center sign. Such signs shall be located a minimum of 25 feet from
any lot line.
7-8-9.
Signs in Multiple Developments.
A.
A Coordinated Sign Plan shall be required for all existing and newly
proposed multiple developments as defined in § 2-4 and in accordance
with § 8-11.
B.
All signs in a multiple development shall conform to the approved
Coordinated Sign Plan on file with the Town. It shall be the responsibility
of the owner of the development to ascertain that the most updated
version is on file for purposes of this Ordinance.
C.
Building permits for signs for individual businesses within multiple
developments shall be approved by the Commissioner of Building, following
Coordinated Sign Plan approval.
D.
No owner, tenant or other user of a multiple development may erect,
permit to be erected, or use any sign deviating from or not included
within the approved coordinated sign plan.
7-8-10.
Temporary Signs.
A.
Exterior portable or temporary signs shall be limited to a maximum
sign area of 32 square feet per face and erected, used or maintained
only after obtaining a temporary building permit for a signs in accordance
with § 8-10. A temporary building permit for a sign
shall be issued for the following purposes only:
(1)
New business enterprises for a period not exceeding 30 days;
(2)
Celebration of the first anniversary date of a new business
enterprise for a period not exceeding 30 days;
(3)
Business enterprises which have lost the use of an existing
sign by reason of fire or other catastrophe, for a period not exceeding
30 days;
(4)
To replace a conforming or legally nonconforming sign during
construction activities related to public improvements that has been
removed in order to improve the public right-of-way, the time limitation
of which shall be established by the Commissioner of Building;
(5)
Limited activities in connection with the principal use or activity
on the premises, for a period not exceeding seven days; or
(6)
Signs advertising the price of merchandise displayed outdoors,
not exceeding 24 square feet in face area.
(7)
Temporary businesses with leases of 92 days or less for a period
not exceeding the length of the lease.
[Added 12-16-2019 by L.L.
No. 22-2019]
B.
No more than two temporary building permits for signs shall be issued
within any calendar year for any business on the premises. Temporary
signs shall not be allowed within multiple developments as defined
in § 2-4, except as provided in 7-8-10A(1), (2), (3)
and (7).
[Amended 12-16-2019 by L.L. No. 22-2019[
7-8-11.
Construction and Maintenance of Signs. Every sign
shall at all times be in a safe and structurally sound condition and
maintained by replacement of defective or worn parts, painting, repainting
and cleaning. The Commissioner of Building shall require compliance
with all standards of this Ordinance. If the sign does not comply
with adequate safety standards, it shall be removed.
A.
Abandoned Signs. Except as otherwise provided in this
Ordinance, any sign which is located on property which becomes vacant
and unoccupied for a period of three consecutive months or more, or
any sign which pertains to a time, event or purpose which no longer
applies, shall be deemed to have been abandoned. Permanent signs applicable
to a business temporarily suspended because of a change of ownership
or management of such business shall not be deemed abandoned unless
the property remains vacant for a period of six months or more. An
abandoned sign is prohibited and shall be removed by the owner of
the sign or owner of the premises at the direction of the Commissioner
of Building. Failure to remove an abandoned sign shall be a violation
of this Ordinance.
[Amended 3-4-2019 by L.L.
No. 6-2019]
B.
Dangerous or Hazardous Signs.
(1)
No person shall maintain or permit to be maintained on any premises
owned, occupied or controlled by such person any sign which is either
not structurally sound or creates an electrical hazard. Any such sign
shall be removed or repaired by the owner or user of the sign or the
owner of the premises.
(2)
Overhead electrical wires or exposed electrical wires on a sign
or its supporting members are prohibited.
[Amended 3-4-2019 by L.L.
No. 6-2019]
C.
Unlawful Signs. No person shall erect on any premises
owned or controlled by such person or use any sign which does not
comply with the provisions of this Ordinance.
D.
Street Improvement Projects. Any sign projecting over
a public right-of-way which was subject to removal or relocation at
the owner's expense, pursuant to a permit or other ordinance of the
town, shall be removed by the owner or altered at the owner's expense
to comply with the regulation of this Ordinance if, as the result
of or after completion of a street improvement project, the sign does
not or would not comply with the provisions of this Section.
7-8-12.
Coordinated Sign Plan.
A.
The
purpose of a Coordinated Sign Plan is to detail the standards for
uniformity to which the development proposes to conform, and to state
the manner in which the design criteria and standards for uniform
signage are in compliance with these regulations.
B.
Signs
shall be designed to be integrated with the design and architectural
character of the building and be compatible with the surroundings
in which they are placed.
C.
Sign
panels and graphics shall relate to, be in proportion to and not cover
architectural features. Raceway cabinets, where used as an element
of building mounted signs, shall match the color at the location of
the building where the sign is located.
D.
Signs
shall be appropriate to the types of activities they represent.
E.
The
layout of signs shall be orderly and graphics shall be of simple shape,
such as rectangle, circle or oval and consistent throughout a multiple
development.
F.
The
number of different fonts shall be kept to a minimum and should be
selected to provide for clarity and artistic integrity. If a tenant
does not have a company logo, the font used shall be consistent with
the font common to the overall development.
G.
The
number of colors used for signs shall achieve a harmonious appearance
throughout the development and be the minimum necessary to be consistent
with the overall design.
H.
The
materials used in the composition of the signs should be compatible
with building facades and should contribute to the legibility of the
signs.
I.
The
illumination of signs shall be appropriate to the character of the
sign, its surroundings and generally consistent throughout the development.
Illumination shall be of constant intensity, duration, with the light
source (excluding neon) shielded and where applicable directed solely
onto the sign(s).
J.
Groups
of related signs shall express uniformity and create a sense of harmonious
appearance.
K.
The
orientation of signs should be consistent throughout the development.
L.
The
number and content of signs shall be no more than is necessary to
provide reasonable identification of the businesses within a multiple
development.
M.
The
size, location, and type of signs shall be consistent on the facades
of buildings and faces of free standing signs, except for:
Any use shall comply with the performance standards set forth
below. Any use already established in such districts shall not be
altered, added to or otherwise modified so as to conflict with, or
further conflict with, the performance standards set forth below for
the district in which such use is located. The Town may select and
arrange for an independent survey by a person qualified in the particular
field to determine whether or not any structure or use complies with
the performance standards and the costs for the services shall be
paid by the owner or user.
7-9-1.
Incineration Facilities. All incineration facilities
shall be enclosed within an approved structure and shall be provided
with devices for prevention of emission of smoke, odors, chemical
or particulate matters and shall conform to the regulations of Part
III, § 3.1 to and including § 3.15
of Bulletin 82, National Board of Fire Underwriters, or any applicable
federal, state or county requirements. No garbage, rubbish, waste
matter or empty containers shall be permitted outside of buildings.
7-9-2.
Dust-Smoke. The emission of smoke, soot, fly ash
fumes, dust and other types of air pollution borne by the wind shall
be controlled so that the rate of emission and quantity deposited
shall not be detrimental to or endanger the public health, safety,
comfort, welfare or adversely affect property values.
7-9-3.
Glare and Heat. Any operation producing intense
glare or heat shall be conducted in such a manner so that the glare
or heat shall be completely imperceptible from any point along a lot
line.
7-9-4.
Fissionable, Radioactive or Electrical Disturbance. No activities shall be permitted which utilize fissionable or radioactive
materials if their use results at any time in the release or emission
of any fissionable or radioactive material into the atmosphere, the
ground or sewerage systems, and no activities shall be permitted which
emit electrical disturbance affecting the operation of any equipment
other than that of the creator of such disturbance.
7-9-5.
Odorous Matter. The emission of odorous matter
in such quantities as to produce a public nuisance or hazard beyond
the lot occupied by the use shall not be permitted.
7-9-6.
Toxic or Noxious Matter. The emission of toxic,
noxious or corrosive fumes or gases which would be injurious to property,
vegetation, animals or human health at or beyond the boundaries of
the lot occupied by the use shall not be permitted.
7-9-7.
Vibration. Every use shall be so operated that
the ground vibration inherently and recurrently generated by said
use is not perceptible without instruments, at any point along any
property line of the lot on which the use is located.
7-9-8.
Bird Hazards. In order to reduce bird hazards to
air traffic in the vicinity of the Greater Buffalo Niagara International
Airport, all buildings hereafter constructed in the area of the town
east of the Village of Williamsville and south of Wehrle Drive shall
be designed so as to eliminate water standing on the roofs. No roof
shall be colored black.
All bulk combustible liquids over 660 gallons in residential
districts, and 1,000 gallons in all other districts; or flammable
liquids over a temporary portable tank storage of 660 gallons, shall
be stored underground per the National Fire Protection Association
Pamphlet #30. Any above ground tank installed shall be protected from
leaks and or spills by a double wall storage tank or proper diking,
per the national Fire Protection Association Pamphlet #30. The Commissioner
of Building shall have discretionary authority to approve larger aboveground
storage facilities in accordance with National Fire Protection Association
standards. In accordance with the requirements of § 7-4-3C,
all tanks installed above ground shall be completely screened from
any public right-of-way.