[HISTORY: Adopted by the Board of Trustees of the Village
of Depew 6-11-2012 by L.L. No. 5-2012.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Enforcement officers — See Ch. 14.
Adoption of zoning laws — See Ch. 41.
Adult uses — See Ch. 50.
Building construction and fire prevention — See Ch. 76.
Unsafe buildings — See Ch. 81.
Community development — See Ch. 86.
Dumping — See Ch. 94.
Environmental quality review — See Ch. 98.
Flood damage prevention — See Ch. 109.
Junkyards — See Ch. 132.
Noise — See Ch. 148.
Telecommunications facilities — See Ch. 220.
Trailers — See Ch. 225.
Storage of abandoned and junked vehicles — See Ch. 236.
[1]
Editor's Note: This local law also superseded former Ch. 260,
Zoning, adopted 6-10-1975 by L.L. No. 5-1975, as amended.
This chapter shall be known and may be cited as the "Zoning
Law of the Village of Depew."
This chapter is hereby adopted pursuant to the authority conferred
by Article 7 of the Village Law of the State of New York and Section
10 of the Municipal Home Rule Law of the State of New York and in
accordance with the Village's Comprehensive Plan.
The purpose of this chapter is to provide for the orderly growth
of the Village of Depew by setting minimum requirements in accordance
with a comprehensive plan, designed to lessen congestion in the streets;
to secure safety from fire, flood, panic and other dangers; to promote
health and general welfare; to provide adequate light and air; to
prevent the overcrowding of land; to avoid undue concentration of
population; to facilitate the adequate provision of transportation,
water, sewerage, schools, parks and other public requirements. Specifically,
the Zoning Law is adopted to:
A.
Regulate the use of land, regulate the location, height and bulk
of buildings and their accessory structures;
B.
Preserve and protect significant natural resources;
C.
To protect the character and values of residential, institutional
and public uses, business, commercial and manufacturing uses and to
insure their orderly and beneficial development;
D.
To provide adequate open spaces for light, air and outdoor uses to
include public, common and private open space areas;
E.
To prevent excessive concentration of population and to prevent uncoordinated
development;
F.
To protect persons and property from damage and injury due to fire
or flood;
G.
To assure that structure and land use arrangements are aesthetically
harmonious with nearby areas and structures;
H.
To guide the future development of the Village so as to bring about
the gradual conformity of land, structures and uses generally consistent
with the policies of the Comprehensive Plan;
I.
To protect the community from visual pollution resulting from the
unregulated use of signs and other advertising devices; and
J.
To preserve and protect unique historical community assets.
This Zoning Law shall become effective on June 11, 2012.
A.
Interpretation. In interpreting and applying the provisions of this
chapter, its provisions shall be held to be the minimum requirements
for the promotion of public health, safety, convenience, comfort,
prosperity and general welfare. Except as specifically provided, it
is not intended by the adoption of this chapter to repeal, abrogate
or annul any existing provisions of any law previously adopted relating
to the use of structures and land and the design, erection, alteration
or maintenance of structures.
B.
Existing restrictions. The provisions of this chapter shall not annul,
or in any way interfere with, existing deed or plat restrictions,
easements or other agreements between persons, codes, laws, rules,
regulations or permits previously adopted or issued, except those
codes or sections which are contrary to, or in conflict with, this
chapter. Wherever this chapter imposes greater restrictions upon the
use of structures or land, the height or bulk of buildings or requires
larger land or building areas, yards or other open spaces than are
otherwise required or imposed by deed or plat restrictions or laws,
this chapter shall control; other regulations shall control where
they impose greater restrictions than this chapter, and for that purpose,
this chapter shall not annul, modify or impair the provisions of any
existing deed or plat restrictions, easements or other agreements.
Whenever any provision of this chapter is at variance or in
conflict with any other provision of this chapter or any other statute,
local ordinance or regulation covering any of the same subject matter,
the most restrictive provision, or the one imposing the higher standard,
shall govern.
It is hereby declared to be the intent of the Village Board
of Trustees that:
A.
If a court of competent jurisdiction finds any provision of this
chapter invalid in whole or in part, the effect of such decision shall
be limited to those provisions which are expressly stated in the decision
to be invalid, and all other provisions of the chapter shall continue
to be separately and fully effective.
B.
If a court of competent jurisdiction finds the application of any
provision of this chapter to any building, other structure or tract
of land to be invalid in whole or in part, the effect of such decision
shall be limited to the person, property or situation involved in
the controversy, and the application of any such provision to any
other person, property or situation shall not be affected.
Any variance or special use permit lawfully issued prior to
the effective date of this chapter, or any amendment thereof, which
could be lawfully issued pursuant to the provisions in effect after
such effective date shall be deemed to be valid and continue valid
after such effective date. Any structure or use lawfully authorized
by any such variance or special use permit which could not be so issued
after such effective date shall be allowed to continue subject to
the provisions of this chapter dealing with legal nonconforming uses.
The provisions of this chapter shall not be construed to limit
or interfere with the construction or operation for public utility
purposes of water and gas pipes, electric light and power transmission
and distribution lines, communication lines, oil pipe lines, sewers,
and incidental appurtenances, or with any highway or railroad right-of-way
existing or hereinafter authorized by the Village of Depew, County
of Erie or State of New York. The above exceptions shall not be construed
to permit the placement of wind energy generating facilities, service
yards, repair garages or other service or storage structures or uses
by said public utilities except as otherwise permitted by this chapter.
A.
No building shall be erected, no existing buildings shall be altered,
enlarged or rebuilt, nor shall any open space surrounding any building
be encroached upon or reduced in any manner except in conformity with
the yard, lot area, height and building location regulations hereinafter
designated for the district in which such building or open space is
located, and upon issuance of all approvals required by this chapter.
B.
No use shall be conducted or changed or property altered in any manner
except in conformity with this chapter.
C.
No lot area shall be reduced, altered or subdivided as to create
a nonconforming lot. All division of land shall be approved by the
Village Board of Trustees.
D.
Nothing in this chapter shall be read as eliminating the requirement
for compliance with any other chapter of the Village Code.
A.
No land shall be occupied or used, and no structure erected, reconstructed
or structurally altered shall be occupied or used, in whole or in
part, for any purpose whatsoever, until a certificate of occupancy
shall have been issued by the Code Enforcement Officer stating that
the structure and use appear to comply with all applicable provisions
of this Zoning Law. No change in any use shall be made to any structure
or part thereof, except in conformance with a certificate of occupancy
issued by the Code Enforcement Officer.
B.
No estoppel effect. The Code Enforcement Officer shall use his or
her best efforts to ensure that all Code provisions are complied with
prior to issuance of any certificate of occupancy. But if later inspection
or events discloses any noncompliance with Village codes, issuance
of a certificate of occupancy shall in no manner limit the right of
the Village to enforce its codes through all civil and/or criminal
remedies available.
C.
No liability for damages. This chapter shall not be construed to
hold the Village of Depew responsible for any damages to persons or
property by reason of inspections made pursuant to an application
for a certificate of occupancy or issuance of or failure to issue
a certificate of occupancy, and nothing in this law shall be construed
to impose a duty upon the Village of Depew towards any person or property.
For the purposes of this chapter, certain terms are herewith
defined.
A.
Except where specifically defined herein, all words used in this
Zoning Law shall carry their customary meanings.
B.
Words used in the present tense include the future, and the plural
includes the singular.
C.
The word "and" indicates that all connected items, conditions, provisions
or events shall apply.
D.
The word "or" indicates that the connected items, conditions, provisions
or events shall apply singly or in any combination.
E.
The term "either . . . or" indicates that the connected items, conditions,
provisions or events apply singly and not in any combination.
F.
The word "district" includes the plural "districts."
G.
The word "lot" includes "plot" or "parcel."
H.
The word "building" includes the word "structure." Any reference
to building or structure also refers to any part of a building or
structure.
I.
The word "shall" is intended to be mandatory.
J.
The word "may" is intended to be permissive.
K.
The words "occupied" or "used" shall be construed to include the
words "or intended, arranged or designed to be used or occupied, constructed,
altered, converted, rented, or leased," and the words "occupancy"
or "use" shall be construed as similarly qualified.
L.
The word "person" includes "firm," "partnership," "estate," "trust,"
"limited-liability company," or "corporation."
As used in this chapter, the following terms shall have the
meanings indicated:
A subordinate structure located on the same lot with the
principal structure, occupied by or devoted to an accessory use. Where
an accessory structure is attached to the principal structure in a
substantial manner, as by a roof, such accessory structure shall be
considered part of the principal structure.
A use which is incidental and subordinate to the principal
use of the property, located on the same lot therewith.
A facility which provides temporary or long-term residential
care and services to adults who, though not requiring continual medical
or nursing care, are by reason of physical or other limitations associated
with age, physical or mental disabilities or other factors, unable
to or substantially unable to live independently. An adult care facility
may provide services to nonresidents in accordance with the provisions
of New York Social Services Law, Chapter 55.
A facility which provides recreational and amusement opportunities,
including but not limited to minigolf, golf driving ranges, baseball
batting cages, volleyball courts, athletic fields, gymnastics, go-carts/motorized
sports, games of chance and live entertainment within an enclosed
building or outside of a building.
Animals that are normally considered household pets, including,
but not limited to, dogs, cats, birds or fish. "Livestock," as defined
by this chapter, shall not be considered domestic animals.
A room or group of rooms within a detached single-family
dwelling forming a semi-independent habitable unit, which may be occupied
by elderly or disabled members of the family occupying the dwelling
for separate living, sleeping, cooking or eating purposes.
A roof-like cover with a rigid frame that cannot be retracted,
folded or collapsed, that is designed for protection from weather
or as decorative embellishment, and which projects from a wall over
a window, walkway or door.
That portion of a building that is partly or completely below
grade.
Planted depressions designed to divert surface water runoff
from impervious surfaces through vegetation, soil and riprap/stone
to remove silt and pollutants before runoff is discharged into local
storm drains or surface waterways/water bodies.
That portion of the lot remaining after required yards have
been provided.
Any improvement having a roof supported by columns or walls
for the housing or enclosure of persons, a business, animals or chattels;
mobile home.
The maximum horizontal projected area measured from the exterior
of the walls of the building.
The percentage of the lot covered by both the main (principal)
and accessory structures and impervious surfaces such as parking areas.
For one- and two-family residential uses, this term does not include
impervious surfaces such as driveways.
See § 260-16.
The horizontal length of the wall of a building.
The narrowest allowable distance between two buildings.
A line equidistant from the street right-of-way line, or
edge of pavement for a private road, between which line and the street
right-of-way no building may be built.
An establishment providing custodial and maintenance services
to other businesses. Typical uses include sign companies, window cleaning
services, janitorial services and other dwelling and building services.
The storage of chemicals, petroleum products or hazardous
materials in aboveground or below-ground storage containers designed
for distribution or mass consumption.
A building or portion of a building which provides or allows
the provision of sexually oriented entertainment to its customers
or which holds itself out to the public as an establishment where
sexually oriented entertainment is available. Signs, advertisements
or an establishment name including verbal or pictorial allusions to
sexual stimulation or gratification or by references to "adult entertainment,"
"strippers," "showgirls," "exotic dancers," "gentleman's club," "XXX"
or similar terms shall be considered evidence that an establishment
holds itself out to the public as an establishment where sexually
oriented entertainment is available.
A facility for the handling of customer service, technical
service or telemarketing activities through electronic communications
that allows less than 100 square feet per employee.
The triangle formed on corner lots between points along the edge of the street a distance from the intersection within which no visual obstruction may be constructed. (See § 260-15.)
A non-for-profit organization, not including a fraternity
or sorority house, whose premises are restricted to its members and
their guests.
The Village of Depew Code Enforcement Officer as established by Chapter 14 of the Code of the Village of Depew.
A repair garage in which the body and/or frame of motor vehicles,
trucks and other vehicles are repaired and/or restored. Such repair
work includes body and frame repair and painting.
Commercial uses, varying in size, providing daily or regularly
scheduled recreation-oriented activities. Such activities may take
place wholly outdoors or within a number of outdoor structures. Typical
uses include facilities for tennis, racquetball, handball, basketball,
baseball, football, swimming, ice skating, golf and soccer.
An application that contains all information and/or data
necessary to enable an informed decision to be made with respect to
an application.
Materials, written and graphic, including maps, charts, studies,
resolutions, reports and other descriptive material that identify
the goals, objectives, principles, guidelines, policies, standards,
devices and instruments for the immediate and long-range protection,
enhancement, growth and development which have been adopted and may
be amended by the Village of Depew Board of Trustees.
A facility used for service organizations, business and professional
conferences and seminars limited to accommodations for conference
attendees. The accommodations can include sleeping, eating and recreation.
A conference center is not designed to be only utilized by the general
public for overnight purposes.
An establishment or business providing services, including,
but not limited to, carpentry, electrical, masonry, plumbing, heating,
ventilation, air conditioning, painting, ornamental iron work, roofing
and sheet metal; packing and crafting and monumental works.
An unroofed, open space enclosed by four walls.
An unroofed, open space enclosed by three walls and with
one side open to a yard.
A place for the care of three or more persons for less than
24 hours a day, away from their homes.
The outside bark diameter at breast height. Breast height
is defined as 4.5 feet (1.37 meters) above the ground on the uphill
side of the tree.
An area of land permitted by this chapter to be developed
by a single owner or group of owners, acting jointly, which may consist
of a parcel or assembled parcels planned and developed as an entity.
The act of exposing, placing, posting, exhibiting, or in
any fashion displaying in any location, whether public or private,
an item in such a manner that it may be readily seen and its content
or character distinguished by a person who is between five feet and
six feet in height, with eyesight adequate to obtain a New York vehicle
operator's license of any type, standing on a street, highway, or
public sidewalk, or on the property of others, or from the parking
lot or any other portion of the premises that is open to members of
the public other than adults who have been admitted to the business
in accordance with management policies.
A structure specially designed for a long-term stay by students
of a college, university, or nonprofit organization for the purpose
of dividing rooms for sleeping purposes. Common kitchens and some
common gathering rooms for special purposes may also be provided.
A building or portion of a building designed or occupied
exclusively for residential and permitted accessory uses, not including
a mobile home or trailer.
A building or portion of a building containing three or more
dwelling units and designed or used for occupancy by three or more
families living independently of each other.
A room or group of rooms within a building forming a single
habitable unit which may be occupied by a single family for living,
sleeping, cooking and eating purposes. A dwelling unit may be attached
or detached.
A business or enterprise that, as one of its principal purposes,
offers physical contact between two or more persons when one or more
of the persons is in a state of nudity or seminudity.
Any person paid as an employee, contractor, subcontractor,
or agent of the operator of a cabaret who frequently appears in a
state of seminudity at any establishment regulated by this chapter.
Any of the following activities, when performed by a sexually
oriented entertainer at a sexually oriented business: dancing, singing,
talking, modeling (including lingerie or photographic), gymnastics,
acting, other forms of performing, or individual conversations with
customers for which some type of remuneration is received.
Any number of individuals living together as a single housekeeping
unit who are related by blood, marriage or adoption, or although not
related by blood, marriage or adoption, whose living arrangements
are the functional equivalent of a traditional family.
Any structure constructed of wood, masonry, stone, wire,
metal or any combination of these or similar materials for the purpose
of serving as an enclosure, barrier or divider to protect or decorate
real property.
The total horizontal area of a building as outlined by its
exterior main walls, not including any space, the habitation of which
is prohibited by any law, built-in or attached garages, porches or
terraces.
The total area of the building accessible or visible to the
public, including showrooms, motion-picture theaters, motion-picture
arcades, service areas, behind-counter areas, storage areas visible
from such other areas, rest rooms (whether or not labeled "public"),
areas used for cabaret or similar shows (including stage areas), plus
aisles, hallways, and entryways serving such areas.
The amount of light that is produced by a candle at the distance
of one foot. A footcandle is also the equivalent of one lumen per
square foot.
A building, accessory to dwellings, used exclusively for
the parking or temporary storage of motor vehicles, boats, trailers
and other customary personal belongings of the residents of such dwellings.
A main or accessory enclosed building, other than a private
garage, having four walls and necessary doors, used for the storage
of equipment, materials, and or product. Such storage garages are
not for residential use.
A main or accessory building used for purposes of repairing
motor vehicles, boats and trailers; a service garage, if accessory
to an automobile salesroom, is also a "repair garage."
Two or more structures containing attached residential units
or nonresidential structures, or a combination thereof. Structures
need not be on individual lots.
The maximum horizontal area of a building at the ground level,
excluding open porches, terraces and steps and attached or built-in
garage areas.
See "building height."
The use of a dwelling by the resident occupant for business
activities that are clerical in nature, including phone orders, billing
and word processing. The term "home office" is limited to the resident
occupant and his/her resident occupants. The home office is limited
in extent and incidental and secondary to the use of the dwelling
unit for residential purposes and does not change the character thereof
and does not include the visitation of clients and/or employees to
the dwelling.
A structure other than a hospital or nursing home in which
a minimum of two terminally ill persons are regularly lodged and furnished
with meals and nursing care and which has been granted a certificate
of approval to operate as a hospice pursuant to the Public Health
Law or any successor regulating state law.
Landscaped area located entirely within the parking area
of a site, including landscaped islands, divider medians and yard
area at least five feet wide in excess of the minimum required yard
for parking areas 7,500 square feet or less (approximately 15 spaces).
A facility approved by the New York State Department of Health
to provide health-related care and services to persons who because
of their physical or mental condition require institutional care,
in addition to board and lodging, but who do not have such an illness,
disease, injury, or other condition as to require the institutional
care and services provided only by a hospital or nursing home, providing
such facility meets standards of safety and sanitation in accordance
with state and federal requirements in addition to those applicable
to nursing homes under state law.
An area of land, with or without buildings, used for the
storage of discarded materials, including but not limited to waste
paper, rags, metal, building materials, house furnishings, machinery,
vehicles or parts thereof, including junk; with or without dismantling,
processing, salvage, sale or other use or disposition of the same.
The deposit or storage of two or more wrecked or broken motor vehicles
for a period of two months or longer, or the parts of two or more
such vehicles, shall be deemed to make the lot a junkyard.
Any premises on which three or more dogs more than four months
old are kept.
See "tree, large deciduous."
A planned residential development on land 10 contiguous acres
or more which includes single-family dwellings, two-family dwellings,
multifamily dwellings, patio homes or zero lot line homes and excluding
manufactured homes.
An establishment or business which provides the services
of live models modeling lingerie, bathing suits, or similar wear to
individuals, couples or small groups in one or more rooms, where the
room(s) used for modeling is an area smaller than 1,000 square feet
each.
Any animals raised for food or product. In addition, they
include the following, regardless of purpose:
All animals with hooves, either single or split;
All members of the ovine (sheep), bovine (cows and cattle),
caprine (goats), equine (horses and ponies), and swine (pigs and hogs)
families;
Emus, rheas, and ostriches; and
All poultry (chickens, roosters, turkeys, ducks, geese and the
like).
A parcel of land for a structure, use and the accessory structures
or uses customarily incident to it, including such open spaces as
are required by this chapter and such open spaces as are arranged
and designed to be used in connection with such structure.
The horizontal land area within lot lines.
Any boundary line of a lot.
See Article III of this chapter.
Land designated as a separate parcel on a plat map or deed
filed or recorded in the office of the Clerk of Erie County, New York.
See also "nonconforming use, structure or lot of record."
CORNER LOTA parcel of land having lot lines at the junction of two or more streets or having lot lines on the same street forming an interior angle of intersection not more than 135°.
INTERIOR LOTA lot other than a corner lot.
THROUGH LOTAn interior lot which has frontage on more than one street.
 |
The horizontal distance of a lot measured along the building
line at right angles to the mean lot depth line.
 |
A structure transportable in one or more sections that, in
the traveling mode, is a minimum of eight feet in width or a minimum
of 40 feet in length or, when erected on site, is a minimum of 320
square feet in floor area. A manufactured home was built on or after
June 15, 1976, on a permanent chassis and designed to be used as a
dwelling, with or without a permanent foundation, when connected to
the required utilities. Plumbing, heating, air-conditioning and electrical
systems are contained in the home. The term "manufactured home" shall
also include any structure that meets all the requirements of this
definition except the size requirements and with respect to which
the manufacturer voluntarily files a certification required by the
federal Department of Housing and Urban Development (HUD) and complies
with the standards established under the National Manufactured Housing
and Safety Act of 1974,[1] as amended. The term "manufactured home" shall not include
any self-propelled recreational vehicle. A manufactured home shall
bear a seal signifying conformance to the design and construction
requirements of HUD, Manufactured Home Construction and Safety Standards,
24 CFR Part 3280.
A parcel or contiguous parcels of land divided into two or
more manufactured home lots for rent or sale.
Touching, stroking, kneading, stretching, friction, percussion,
and vibration and includes holding, positioning, causing movement
of the soft tissues and applying manual touch and pressure to the
body (excluding an osseous tissue manipulation or adjustment).
Any business offering massages that is operated by a person
who is not a state-licensed massage therapist or that provides massages
by persons who are not state-licensed massage therapists by the State
Board of Massage Therapy, Office of the Professions, New York State
Education Department, under Title VIII, Education Law, Article 155,
Massage Therapy.
Anything printed or written, or any picture, drawing, photograph,
motion picture, film, videotape or videotape production, or pictorial
representation, or any electrical or electronic reproduction of anything
which is or may be used as a means of communication. Media includes
but shall not necessarily be limited to books, newspapers, magazines,
movies, videos, sound recordings, CD-ROMs, other magnetic media, and
undeveloped pictures.
Magazines, books, videotapes, movies, slides, CD-ROMs or
other devices used to record computer images, or other media which
are distinguished or characterized by their emphasis on matter depicting,
describing or relating to "sexual conduct" or "specified anatomical
areas" (separately defined).
A retail sales and services establishment that rents and/or
sells media, and that meets any of the following three tests:
More than 30% of the gross public floor area is devoted to sexually
oriented media; or
More than 30% of the stock-in-trade consists of sexually oriented
media; or
It is advertised, marketed, or holds itself out in any form
as "XXX," "adult," "sex" or otherwise as a sexually-oriented business.
A retail sales and services establishment that rents and/or
sells media, and that meets either of the following two tests:
See "utilities, minor."
A building or group of buildings designed to accommodate
a combination of interrelated land uses, which includes a mix of two
or more of the following uses: retail, services, office, residential
or civic/public uses.
A movable or portable dwelling unit that was built prior
to June 15, 1976 (with or without a label certifying compliance with
NFPA, ANSI or a specific state standard), and designed and constructed
to be towed on its own chassis, comprised of frame and wheels, connected
to utilities, and designed and constructed without a permanent foundation
for year-round living, excluding travel trailers.
An establishment or business that provides the services of
live models modeling lingerie, bathing suits, or similar wear to individuals,
couples, or small groups in a space smaller than 600 feet.
Any business that provides booths, cubicles, stalls or compartments,
which is smaller than 150 square feet in floor area, which is designed,
constructed or used to hold or seat customers, and which is used for
presenting sexually oriented motion pictures or viewing publications
by any photographic, electronic, magnetic, digital or other means
or medium (including, but not limited to, film, video or magnetic
tape, laser disc, CD-ROM, books, magazines or periodicals) for observation
by customers therein.
A cinema or motion-picture theater which shows hard-core
sexually oriented features on more than half the days that it is open,
or which is marketed as or offers features described as "adult," "XXX,"
or "sexually."
Lots, structures, uses of land and characteristics of use
that were lawful before this chapter or amendments thereto were passed,
but that would be prohibited, regulated or restricted under terms
of this chapter or future amendments. The definition of nonconforming
expressly does not include any illegally established use or structure.
The showing of the human male or female genitals, pubic area,
vulva, anus, anal cleft or cleavage with less than a fully opaque
covering, the showing of the female breast with less than a fully
opaque covering of any part of the areola or nipple, or the showing
of the covered male genitals in a discernibly turgid state. See also
"seminude."
A building used for the accommodation and care of persons
with, or recuperating from, illness or incapacity, where nursing services
are provided.
An enclosed space within a building intended for human activities,
including, but not limited to, living, working, eating or sleeping,
which meet the required building codes for such spaces.
The use of a building or a portion of a building for the
provision of executive, consulting, professional, management, or administrative
services. Typical uses include, but are not limited to, administrative
offices and services, including advertising, accounting, architecture,
archival services, design, engineering, financing, government, human
health care, insurance, investment, law, medical laboratory testing
service, personnel, property management, real estate, secretarial
services, telephone answering, travel, and business offices of public
utilities, organizations and associations, or other use classifications
when the service rendered is that customarily associated with office
services.
An area unobstructed by buildings from the ground upward,
except for walks, paths, landscaping or other site features in public,
common or other private ownership. Yards of individual lots occupied
by dwellings shall not constitute open space.
A parcel or parcels of land or an area of water or a combination
of land and water within the site, privately owned and designed and
intended for the use and enjoyment of two or more households residing
in the site, or in specified portions of the site or other users if
permitted by the owners of the common open space. Common open space
may contain such structures and improvements as are necessary and
appropriate for the benefit and enjoyment of persons served by such
common open space.
See "tree, ornamental."
Public uses, varying in size, providing daily or regularly
scheduled recreation-oriented activities. Such activities may take
place wholly outdoors or within a number of outdoor structures. Typical
uses include facilities for tennis, racquetball, handball, basketball,
baseball, football, swimming, ice skating, golf and soccer.
A parcel of land, generally located on the perimeter of a
larger parcel of commercial land that is subordinate to the larger
parcel for access, parking and drainage purposes.
As used in this chapter, shall include, in addition to its
usual meaning, tenant, lessee, occupant or other user.
A district classification superimposed in addition to another
(basic) district classification, further regulating or limiting structures
and uses otherwise permitted and regulated pursuant to the basic district
classification.
An area used primarily for parking, circulation and storage
of vehicles, including but not limited to parking lots and driveways.
A single-family detached dwelling unit placed on a small
lot with a rear yard that may be enclosed by a wall.
An applicant.
Any space devoted to gathering together persons for amusement,
athletic, civic, dining, educational, entertainment, patriotic, political,
recreational, religious, social or similar purposes.
The Village of Depew Planning Board
An establishment for the growth, display or sale of trees,
shrubs, flowering and nonflowering plants and materials used in indoor
or outdoor planting, conducted within or without an enclosed building.
A covered area adjoining an entrance to a building and usually
having a separate roof. An open porch may not have any other enclosing
elements other than a roof, and necessary guards as required by the
New York State Residential/Building Code.
A building or fenced-in area containing equipment used by
a public utility to provide and distribute its services.
An area used on a temporary basis for the storage, assembly
or processing of materials, equipment, and supplies used in the construction
of a United States, New York State, Erie County or Village of Depew
public works project. The public works construction yard may include
offices associated with the public works project. Typical projects
include but are not limited to construction, reconstruction, or repair
of public infrastructure such as roadways, storm sewers, sanitary
sewers, and waterlines.
A place of assembly used primarily as a church, synagogue,
temple, mosque or other place of religious worship.
A business that engages in research or development of innovative
ideas in technology-intensive fields. Typical uses include experimental,
research and testing facilities, including, but not limited to, the
construction or operation of small-scale experimental and pilot plant
operations; laboratories; production operations if ancillary to, or
resulting from, a permitted experimental, research or testing operation;
communication, navigation control, guidance systems, transmission
and reception equipment; data processing equipment and systems; audio
components and radio and television equipment; scientific and medical
instruments; assembly testing and calibration of components, devices,
systems and equipment, such as, but not limited to, electronic, scientific,
medical, optical, biochemical, chemical, metallurgical and pharmaceutical
goods.
The use of a maximum of 15% of a dwelling by the resident
occupant of a one- or two-family home for his/her licensed medical
or dental practice, massage therapy practice, architectural or engineering
practice, law practice or photography practice. Such definition excludes
all other trades/practices not specifically listed and requires the
issuance of a special use permit by the Zoning Board of Appeals.
A facility that provides long-term residential care and support
services to mentally ill adults, provides case management and medication
management services and assists residents in securing clinical, vocational
and social services necessary to enable the resident to continue to
live in the community.
Flagellation or torture by or upon a person, clothed or naked,
or the condition of being fettered, bound, or otherwise physically
restrained on the part of one so clothed or naked.
A method of reducing the visual impact of one abutting use
or structure from another by landscaping, walls, berms, or other appropriate
means.
The showing of the female breast below a horizontal line
across the top of the areola at its highest point. This definition
shall include the entire lower portion of the human female breast,
but shall not include any portion of the cleavage of the human female
breast, exhibited by a dress, blouse, skirt, leotard, bathing suit,
or other apparel, provided the areola is not exposed in whole or in
part.
A building for senior citizens, primarily for persons 62
years old or more, who are in good physical condition and do not require
physical assistance.
An establishment engaged in the sale of motor vehicle fuel.
In addition, such uses may engage in the sale of beverages, packaged
foods, tobacco and similar convenience goods. Provision of road maps
and other informational material to customers; provision of rest room
facilities.
Oil, grease, batteries, tires and motor vehicle accessories
may be supplied and dispensed at retail, and the following services
may be rendered and sales made:
Servicing of automobiles, noncommercial trucks, motorcycles,
recreational vehicles, or boats, spark plugs, batteries and distributors
and distributor parts;
Tire servicing and repair, but not recapping or regrooving;
Replacement of mufflers and tail pipes, water hoses, fan belts,
brake fluid, light bulbs, fuses, floor mats, seat covers, windshield
wipers and wiper blades, grease retainers, wheel bearings, mirrors,
and the like;
Radiator cleaning and flushing;
Washing and polishing, and the sale of automotive washing and
polishing materials;
Greasing and lubrication;
Providing and repairing of pumps and lines;
Minor servicing and repair of carburetors;
Wiring repairs;
Adjusting and repairing brakes;
Minor motor adjustments;
Vehicle inspection.
Uses permissible at a service station do not include rental
or sale of motor vehicles, collision and body work, straightening
of body parts, painting, or storage of automobiles not in operating
condition.
A retail sales and services establishment that meets any
of the following tests:
It offers for sale items from any two of the following categories:
sexually oriented media; lingerie; leather goods marketed or presented
in a context to suggest their use for sadomasochistic practices; sexually
oriented novelties; and the combination of such items make up more
than 10% of its stock-in-trade or occupies more than 10% of its floor
area; or
More than 5% of its stock-in-trade consists of sexually oriented
toys or novelties; or
More than 5% of its gross public floor area is devoted to the
display of sexually oriented toys or novelties.
Acts of human masturbation, sexual intercourse, sodomy or
bestiality, or fondling or other erotic touching of human genitals,
pubic region, buttock or female breast of another person.
An inclusive term used to describe, collectively, sexually
oriented cabaret; sexually oriented motion-picture theater; motion-picture
arcade; retail sales and services falling into the category of sex
shop or sexually oriented media shop. This collective term does not
describe a specific land use and shall not be considered a single
use category for purposes of the Zoning Law or other applicable ordinances.
Instruments, devices, or paraphernalia, either designed as
representations of human genital organs or female breasts or designed
or marketed primarily for use to stimulate human genital organs.
A document required for shared parking activities that addresses,
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.
Four or more offices, commercial or personal service establishments,
or combinations of such uses, which are located in a single building
or in two or more buildings, developed as part of a single integrated
development exceeding 30,000 square feet of gross floor area.
See "clear sight triangle."
A name, identification, description, display or illustration which is affixed to or painted or represented directly or indirectly upon a building, structure or piece of land which directs attention to an object, product, service, place, activity, person, institution, organization or business and the supporting members thereto. See § 260-37 for additional definitions of signs.
See "tree, small deciduous."
A permit for a use that is generally considered to be appropriate
in a particular zoning district but because of its potential for incompatibility
with adjacent uses requires individual review and may require the
imposition of conditions in order to assure the appropriateness of
the use in a particular zoning district.
Less than the completely and opaquely covered human genitals,
pubic region or female breast below a point immediately above the
top of the areola. Human male genitals in a discernibly turgid state
even if completely and opaquely covered.
A law adopted by the New York State Legislature as Article 8 of the Environmental Conservation Law and regulations adopted pursuant thereto; and Chapter 98 of the Code of the Village of Depew, Local Environmental Quality Review Law. The purpose of SEQR is to incorporate the consideration of environmental factors into the planning, review and decisionmaking processes of state, regional and local government agencies. SEQR requires that all agencies determine whether the actions they directly undertake, fund or approve may have a significant impact on the environment, and, if it is determined that the action may have a significant adverse impact, prepare or request an environmental impact statement.
The portion of a building between the surface of a floor
and the next floor above or the ceilings next above under a roof.
A public or private way which permits conducting of vehicular
travel and/or affords a primary means of access by vehicles and pedestrians
to abutting properties, including the entire area within the right-of-way.
The term includes those ways as shown on plats filed in the office
of the Erie County Clerk, whether improved or not.
EXPRESSWAYA divided arterial highway for through traffic to which access from the abutting properties is prohibited and all street crossings are made by grade-separated intersections.
MAJOR ARTERIALA high-volume roadway that carries the major portion of daily trips to centers of activity in the metropolitan area. Major arterials (also called principal arterials) place a greater emphasis on mobility rather than access to land and include fully and partially controlled access facilities in three categories: interstates, expressways, and streets. A major arterial serves major through movements between important centers of activities in a metropolitan area, and a substantial portion of trips entering and leaving the area. It also connects freeways with major traffic generators.
MINOR ARTERIALA street that connects and augments the major arterial system. Although its main function is still traffic mobility, a minor arterial performs this function at a somewhat lower level and places more emphasis on land access than does a major arterial. A system of minor arterials serves trips of moderate length and distributes travel to geographical areas smaller than those served by a major arterial.
COLLECTORA street that distributes trips from and channels trips to arterials. Additionally, these roadways provide access and circulation within residential neighborhoods. Collector streets provide for both access and circulation within residential, business, and industrial areas. Their access function is more important than that of arterials, and unlike arterials, their operation is not always dominated by traffic signals.
LOCAL COLLECTORA street that distributes lower volumes of traffic from predominantly residential developments to collector streets and arterials. Local collectors carry through traffic, but at lower volumes than collectors.
LOCAL STREETSA street that provides for local traffic with the highest level of property access and the lowest level of mobility. Through traffic movement is discouraged on local streets.
The slope of the street as measured between two points.
The right-of-way line abutting a public street or edge of
pavement abutting a private street.
A building, gas or liquid storage tank, or anything other
than a fence, dumpster enclosure, parking area (unless enclosed) or
driveway constructed or erected which requires permanent location
in or on the ground or attachment to something having such location.
See § 260-38.
A road corridor, or portion of a road corridor, designated
by the Village of Depew, which has elements that support traditional
neighborhood design and/or is part of a neighborhood plan which promotes
a traditional neighborhood design (TND) plan.
Any self-supporting woody plant of a species that normally
grows to an overall mature height of at least 40 feet, usually with
one main stem or trunk.
Any self-supporting woody plant of a species that normally
grows to an overall mature height of at least 15 feet, usually with
one main stem or trunk.
Any self-supporting woody plant of a species that features
flowers, bracts and/or fruits that are conspicuous by virtue of their
color or size.
A combination of uses permitted in a nonresidential district
planned as an integrated entity with common access points, off-street
parking, loading and stacking areas, fire lanes and other facilities
and features.
A residential dwelling unit located above a nonresidential
use.
Public or private infrastructure serving a limited area with
no on-site personnel. Typical uses include stormwater retention and
detention facilities, telephone exchanges and water and wastewater
pump stations.
The sale or rental of automobiles, trucks, motorcycles, recreational
vehicles, or boats. Typical uses include new and used car dealerships,
motorcycle dealerships, and boat, trailer, or recreational vehicle
dealerships.
An area used primarily for parking, circulation and storage
of vehicles, including, but not limited to, parking lots, loading
areas, stacking spaces and driveways.
The Village of Depew Board of Trustees.
An open space on the same lot with the building unoccupied
and unobstructed by any portion of the structure from the ground upward,
except as otherwise provided in this chapter.
A side yard located immediately adjacent to a public street
right-of-way line or the edge of pavement of a private street.
An open space extending the full width of the lot between
the front lot line abutting a public right-of-way or the edge of the
pavement abutting a private street and the structure setback line
as established by this chapter. In no case shall a structure encroach
into an easement area established for a private street.
The yard extending from the rear wall of the structure to
the rear lot line across the full width of the structure.
The minimum yard required between a lot line or edge of pavement
on a private street and building line or line of any parking, loading
and stacking area or any other use requiring a yard in order to comply
with the zoning regulations of the district in which the zoning lot
is located. A required yard shall be open and unobstructed from the
ground upward, except for projections on structures as permitted in
the Zoning Ordinance and except for walks, landscaping and other yard
or site features.
An open space extending from the front yard to the rear yard
and of a width established by this chapter; the width shall be measured
at right angles to its side lot line.
A single-family detached dwelling unit positioned on one
side lot line without any setback with private yards on three sides
of the building, including a wider side yard comprising the equivalent
of two side yards for conventional detached housing.
The Zoning Board of Appeals of the Village of Depew.
[1]
Editor's Note: See 42 U.S.C. § 5401 et seq.
A.
General provisions. Every part of a required yard shall remain open
and unobstructed to the sky, except as may be permitted pursuant to
the exceptions listed below. All required yards are listed within
the dimensional tables as shown within in each respective zoning district
section found hereinafter.
B.
Exceptions.
(1)
Encroachments. The following are permitted in the required yard areas,
provided they comply with all other standards of this and other applicable
ordinances. In no event shall any of the following encroach into the
public right-of-way.
(a)
Cornices and eaves. Cornices and eaves may not exceed 18 inches
over any required yard or court.
(b)
Sills, loaders, belt courses. Sills, loaders, belt courses and
similar ornamental or structural features may project six inches into
any required yard or court. An open fire balcony or fire escape or
a fire tower may project into a required yard not more than four feet.
(c)
Ground story bay windows, oriels or balconies.
[1]
Ground story bay windows, oriels or balconies, having a combined
total width not exceeding 1/2 of the length of the wall to which they
are attached, may project not more than three feet into any required
rear yard or into any required side yard which is over six feet wide.
[2]
No porch, oriel, bay window, balcony or stairway constructed
under the provisions of the preceding subsection shall have a width
or a greater dimension in excess of twice the distance of its projection.
[3]
An open porch or entranceway may project not further than eight
feet into a required front yard.
[4]
A bay window not over one story high may project four feet into
a required front yard. Such bay windows shall not occupy more than
1/2 of the wall to which they are attached. Where part of the front
wall encloses garage space, such wall space shall not be used to figure
length of the bay windows. An open porch or deck, not exceeding one
story in height, may project not more than eight feet into a required
rear yard.
(d)
Chimney, smokestack, flue or elevator. A chimney, smokestack,
flue or elevator shaft may project into any yard or court required
as a minimum, provided that the horizontal section of the projection
does not exceed 12 square feet in any residence district or nine square
feet in any other district, provided that it does not come nearer
the side lot line than a distance of three feet.
(e)
Exterior heating, air-conditioning or electrical generator structures
in residential districts.
[1]
Except for window-mounted units, no exterior heating or air-conditioning
structure or equipment or electrical generators shall be located within
five feet of any lot line.
[2]
All such structures shall be placed behind the front building
wall and shall not occupy any part of the required front yard.
(f)
Radio and television antennas. Accessory residential radio and
television antennas shall not be located within the area of a lot
between the front or exterior side lot line and the nearest line of
any building on the lot. All such antennas must be set back a minimum
distance to an interior or rear property line equivalent to the antenna's
height.
(g)
Fences.
[1]
Fences not exceeding six feet in height may be constructed within
any rear yard (excluding through lots) or interior side yard.
[2]
Fences not exceeding six feet in height may be constructed within
an exterior side yard within residential zoning districts, providing
such fence is a minimum of five feet from the adjacent road right-of-way.
(h)
Driveways. Residential driveways accessing attached or detached
garages may encroach the required front yard or exterior side yard,
providing all such driveways maintain a minimum setback of three feet
to any interior, rear or exterior property line and such driveway
does not project greater than five feet directly in front of the principal
dwelling.
(h) Driveways.tif.png "260-14B(1)(h) Driveways.tif")
|
|---|
|
Permitted Driveway Encroachment
|
(i)
Detached garages, sheds, gazebos and pool cabanas within residential
zoning districts. Detached garages, sheds, gazebos, pool cabanas and
similar detached structures may encroach a required rear yard, providing
the minimum setbacks are provided:
[1]
Five feet to an interior property line.
[2]
Five feet to a rear property line when adjacent lots are back-to-back.
[3]
Five feet or 1/2 the height of the structure, whichever is greater
when the adjacent lots are back-to-side.
[4]
Five feet between other accessory detached structures.
[5]
Ten feet to a principal structure.
(j)
Portable storage units/construction dumpsters within residential
zoning districts. Portable storage units utilized for the temporary
storage of household belongings during a household move, or construction
dumpsters utilized for the removal of construction debris, may be
placed on the driveway for a period not to exceed 14 consecutive days
and subject to the following:
(k)
Swing sets, trampolines and children's play apparatus. Children's
play apparatus may encroach a rear yard, providing such apparatus
is located a minimum of five feet from a rear or interior property
line.
(2)
Yards on through lots. Each through lot shall require a rear yard
setback equal to the required front yard of any abutting lots on the
nonfrontage street.
 Street.tif.png "260-14B(2) Street.tif") |
(3)
Front yards on partially built-up residential blocks. Where 50% or
more of the aggregate street frontage on one side of a street between
two successive intersecting streets is occupied by buildings, and
the average setback distance of existing residence buildings exceeds
the required minimum front yard for the district in which the lot
to be developed is located, the minimum front yard of that lot shall
be the average setback distance of existing buildings on the lots
on either side.
(4)
Yards on corner lots.
(a)
The shorter property line abutting streets on a residential
corner lot shall be deemed the front lot line.
(b)
The exterior side yard for residential corner lots shall be
as follows:
[1]
Ten feet minimum when the rear lot line abuts another rear lot
line.
[2]
Eighteen feet minimum when the rear lot line abuts a side lot
line of the neighboring lot.
-2 Back to Back.tif.png "260-14B(4)-2 Back to Back.tif")
|
|---|
|
Required Exterior Side Yard — Back-to-Back
(rear property line to rear property line)
|
-2 Back to Side.tif.png "260-14B(4)-2 Back to Side.tif")
|
|---|
|
Required Exterior Side Yard — Back-to-Side
(rear property line to side property line)
|
(c)
For corner lots in nonresidential districts, the exterior side
yard shall be equivalent to the required front yard for that zoning
district.
A clear sight triangle is the triangle formed on corner lots
between points on the edges of street road pavement 35 feet from the
intersection of both streets. Within that area, no fence, wall, ornamental
gate or portal, bushes, shrubbery or stored material shall be permitted
higher than two feet above the average finished grade of the lot.
Trees shall be permitted within the area only if maintained and trimmed
so that no branches or foliage are less than eight feet above the
average finished grade of the lot.
|
|---|
|
Clear Sight Triangle
|
B.
Exceptions.
(1)
Mechanical space for building equipment placed on the building roof
may be allowed above the maximum height specified, provided that such
mechanical space is set back a minimum of 15 feet from any exterior
wall, does not exceed 15 feet in height and is adequately screened
from view.
(2)
Chimneys, radio or television antennas, located upon and constituted
as an integral part of a principal structure, may be erected above
the height limit specified but are limited to a height not exceeding
65 feet above the average finished grade. Mechanical space for building
equipment placed on the building roof may be allowed above the maximum
height specified, provided that such mechanical space is set back
a minimum of 15 feet from any exterior wall does not exceed 15 feet
in height and is screened from view.
For the purposes of promoting the public health, safety, morals
and general welfare of the Village of Depew, the Village is hereby
divided into the following types of districts:
|
R-1
|
Single-Family Residential District
|
|
R-2
|
Two-Family and Multifamily Residential District
|
|
C-1
|
General Commercial
|
|
C-2
|
Shopping Center
|
|
MS
|
Motor Services District
|
|
M-1
|
Light Industry
|
|
M-2
|
Heavy Industry
|
|
L-C
|
Land Conservation District
|
Said districts are bounded as shown on the map entitled "Zoning
Map of the Village of Depew,"[1] annexed hereto, made a part hereof and certified by the
Village Clerk and with all explanatory matter thereon shall be deemed
to be part of this chapter as though fully set forth herein. The Zoning
Map shall show the effective date of this chapter and of each subsequent
amendment to said map and shall be duly certified by the Village Clerk.
[1]
Editor's Note: The Zoning Map is included at the end of this chapter.
Where uncertainty exists with respect to the boundaries of the
various districts, as shown on the Zoning Map, the following rules
shall apply:
A.
Where the designation on the Zoning Map indicates a boundary which
is a street or public right-of-way, the center line of the road right-of-way
of the road shall be construed to be the boundary.
B.
Where the designation on the Zoning Map indicates a boundary approximately
upon a lot line, such lot line shall be construed to be the boundary.
Such lines shall also include lines of creeks, streams and other waterways,
including floodplain boundaries as may be applicable.
C.
Distances shown on the Zoning Map are perpendicular distances from
center lines of right-of-ways measured to the district boundary, which
boundaries in all cases where instances are given are parallel to
the road right-of-way.
D.
In any case where a zoning district boundary is in question, the
Code Enforcement Officer shall determine the location of such district
boundary by the use of the graphic scale.
E.
Lots divided by district boundaries. Where a lot is divided by any
zoning district boundary so as to be in more than one zoning district
and where such lot was an existing lot when such district boundary
was established, a conforming use, occupying 50% or more of the area
of said lot and having street frontage in the district where permitted,
may be extended on such lot not more than 25 feet (measured perpendicular
to the district boundary) into any district where such use is not
permitted or to the property line if the district boundary is within
50 feet; in either case, all provisions of this chapter must be complied
with.
In order to regulate growth and development in the Village of Depew, no land shall be used or no land use or accessory use shall be established on any lot except in accordance with the list of permitted uses, the district regulations for such uses and supplemental regulations established in the other sections of this chapter. For each zoning district enumerated in § 260-17, the following regulations are established to list permitted uses for each district, permitted accessory uses, the minimum land area required, the location of buildings and structures, maximum allowable heights of structures and maximum permitted densities.
A.
If a use is not specifically listed as a permitted use for the listed
districts established by this chapter, the Zoning Board of Appeals,
through an interpretation request, may determine that a use is similar
to those enumerated in a specific district. In making a determination
that a use is similar, the Zoning Board of Appeals shall first determine
that:
(1)
The use is not listed in any other classification of permitted uses;
(2)
The use is appropriate and conforms to the basic characteristics
of the classification to which it is to be added;
(3)
The use is not contrary to the goals and objectives of the Village's
Comprehensive Plan;
(4)
The use does not create dangers to health and safety and does not
create offensive noise, vibration, dust, heat, smoke, odor, glare
or other objectionable influences to an extent greater than that resulting
from other uses listed in the classification to which it is to be
added; and
(5)
Such use does not create traffic to a greater extent than the other
uses listed in the classification to which it is to be added.
B.
The determination as to whether a use is similar to uses permitted
by right shall be considered as an expansion of the use regulations
of the district and not as a variance applying to a particular situation.
Any use found similar shall thereafter be included in the enumeration
of uses permitted by right.
A.
Permitted. A 
in the Permitted column of a district use table indicates that
a use is allowed by right in the respective district, subject to the
use regulations. Such uses are subject to all other applicable regulations
of this chapter.
in the Permitted column of a district use table indicates that
a use is allowed by right in the respective district, subject to the
use regulations. Such uses are subject to all other applicable regulations
of this chapter.B.
Special use. A in the Special Use column of a district use table indicates that a use is allowed only if reviewed and approved as a special use permit as approved by the Village Board of Trustees in accordance with § 260-58. If a special use permit is to be approved by the Zoning Board of Appeals pursuant to § 260-72, then such use will be noted as "Special permit by ZBA." Special uses are subject to all other applicable regulations of this chapter.
in the Special Use column of a district use table indicates that a use is allowed only if reviewed and approved as a special use permit as approved by the Village Board of Trustees in accordance with § 260-58. If a special use permit is to be approved by the Zoning Board of Appeals pursuant to § 260-72, then such use will be noted as "Special permit by ZBA." Special uses are subject to all other applicable regulations of this chapter.C.
Uses not allowed. Any unlisted use indicates that the use is not
allowed in the particular district.
D.
Uses not listed. If a proposed use is not listed in any of the zoning districts, § 260-21, Determination of similar uses, shall govern if such proposed use is similar to a listed permitted use.
E.
Standards. The Standards column on the use table is a cross-reference
to any limited or special use regulation.
F.
Developments with multiple principal uses. A development comprised
of uses regulated by separate rows on the use table shall be reviewed
using the most restrictive process from among the proposed uses.
Purpose: to provide areas within the Village for low-density
single-family detached residential development where each dwelling
unit shall be located on an individual lot of at least 6,600 square
feet.
A.
Principal and special uses.
(1)
Permitted uses and structures. There shall be not more than one principal
structure permitted on a lot in the R-1 District.
|
| ||||
|---|---|---|---|---|
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R-1
|
Permitted
|
Special Use
|
Standards
| |
|
RESIDENTIAL USES
| ||||
|
Single-family detached
|
| |||
|
Large-scale residential development
|
| |||
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PUBLIC AND CIVIC USES
| ||||
|
Minor utilities
|
| |||
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Park or open space
|
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|
Golf course, public swimming pool
|
| |||
|
Place of worship
|
|
§ 260-32B
| ||
|
Public utility service structure or facility (not including
telecommunications facilities)
|
|
Special use by ZBA
| ||
|
COMMERCIAL USES
| ||||
|
Community buildings, social halls, private clubs, lodges and
fraternal organizations
|
|
§ 260-32B
| ||
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INDUSTRIAL USES
| ||||
|
No industrial uses allowed
|
(2)
Dimensional standards.
|
R-1 Principal Use Dimensional Standards
| |||
|---|---|---|---|
|
Minimum lot area (per dwelling)
| |||
|
Interior
|
6,600 square feet
| ||
|
Corner
|
8,400 square feet
| ||
|
Minimum lot width
| |||
|
Interior
|
60 feet
| ||
|
Corner
|
75 feet
| ||
|
Minimum lot depth
|
110 feet
| ||
|
Minimum yards
| |||
|
Front yard
|
25 feet
| ||
|
Rear yard
|
25 feet
| ||
|
Combined side yard
|
12 feet
| ||
|
Each side yard
|
6 feet
| ||
|
Corner lot
|
See § 260-14B(4)
| ||
|
Through lot
|
See § 260-14B(2)
| ||
|
Maximum height
|
2 stories (up to 30 feet)
| ||
|
Maximum building coverage
|
30%
| ||
|
Minimum floor area (dwelling only)
| |||
|
1 story
|
900 square feet
| ||
|
More than 1 story
|
1,200 square feet
| ||
 Front Property Line.tif.png "260-23 A(2) Front Property Line.tif")
|
B.
Accessory uses and structures.
(1)
Permitted accessory uses and structures. The following accessory
uses and structures incidental to any permitted principal use are
allowed.
[Amended 5-12-2014 by L.L. No. 2-2014]
|
R-1 Permitted Accessory uses and structures
|
Standards
| |
|---|---|---|
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Auxiliary housing units
|
Special permit by Code Enforcement Officer or his designee
| |
|
Detached private garages and parking areas
| ||
|
Resident professional occupations
|
Special permit by Code Enforcement Officer or his designee
| |
|
Off-street parking, loading and stacking
| ||
|
Private gardens
| ||
|
Private recreational uses and structures
| ||
|
Private schools and day-care centers, accredited when required
by NYS, when accessory to a place of worship
| ||
|
Small wind energy system
|
Special permit by Code Enforcement Officer or his designee
| |
|
Swimming pools
|
§ 260-31L
| |
|
Utility trailer or recreational vehicle
|
§ 260-31I
| |
|
Other uses and structures customarily incidental to the principal
use
|
(2)
Dimensional standards.
|
R-1 Accessory Use Dimensional Standards
| ||
|---|---|---|
|
Minimum building separation between accessory buildings
|
5 feet
| |
|
Minimum building separation from principal building
|
10 feet
| |
|
Minimum from lot line
|
5 feet
| |
|
Maximum height
|
12 feet
| |
|
Maximum building coverage (including principal structure)
|
30%
|
C.
General development standards. Development in the R-1 District shall
also comply with the requirements referenced in the table below.
Purpose: to provide areas within the Village for medium-density
residential development.
A.
Principal and special uses.
(1)
Permitted uses and structures.
|
R-2
|
Permitted
|
Special Use
|
Standards
| |
|---|---|---|---|---|
|
RESIDENTIAL USES
| ||||
|
Single-family detached/two-family
|
| |||
|
Multifamily
|
| |||
|
Large-scale residential development
|
| |||
|
PUBLIC AND CIVIC USES
| ||||
|
Minor utilities
|
| |||
|
Park or open space
|
| |||
|
Golf course, public swimming pool
|
| |||
|
Place of worship
|
|
§ 260-32B
| ||
|
Public utility service structure or facility
|
|
Special permit by ZBA
| ||
|
COMMERCIAL USES
| ||||
|
Community buildings, social halls, clubs, lodges and fraternal
organizations
|
|
§ 260-32B
| ||
|
INDUSTRIAL USES
| ||||
|
No industrial uses allowed
|
(2)
Dimensional standards.
|
R-2 Principal Use Dimensional Standards
|
Single-Family
|
Two-Family
|
Multifamily
| ||
|---|---|---|---|---|---|
|
Minimum lot area
| |||||
|
Interior
|
6,600 square feet
|
7,500 square feet
|
1 acre
| ||
|
Corner
|
8,400 square feet
|
10,000 square feet
|
3,500 square feet minimum per unit
| ||
|
Minimum lot width
| |||||
|
Interior
|
60 feet
|
75 feet
|
100 feet
| ||
|
Corner
|
75 feet
|
100 feet
|
100 feet
| ||
|
Minimum lot depth
|
110 feet
|
100 feet
|
150 feet
| ||
|
Minimum yards
| |||||
|
Front yard
|
25 feet
|
30 feet
|
30 feet
| ||
|
Rear yard
|
25 feet
|
30 feet
|
30 feet
| ||
|
Combined side yard
|
12 feet
|
12 feet
|
15 feet
| ||
|
Each side yard
|
6 feet
|
6 feet
|
30 feet
| ||
|
Corner lot
|
See § 260-14B(4)
|
See § 260-14B(4)
| |||
|
Through lot
|
See § 260-14B(2)
|
See § 260-14B(2)
| |||
|
Maximum height
|
2 stories (up to 30 feet)
|
2 stories (up to 30 feet)
|
2 stories (up to 30 feet)
| ||
|
Maximum building coverage
|
30%
|
40%
|
30%
| ||
|
Minimum floor area (dwelling only)
| |||||
|
1 story
|
900 square feet
|
N.A.
|
N.A.
| ||
|
More than 1 story
|
1,200 square feet
| ||||
 Front Property Line.tif.png "260-24 A(2) Front Property Line.tif")
|
B.
Accessory uses and structures.
(1)
Permitted accessory uses and structures. The following accessory
uses and structures incidental to any permitted principal use are
allowed.
|
R-2 Permitted Accessory Uses and Structures
|
Standards
| |
|---|---|---|
|
Auxiliary housing units
|
Special permit ZBA
| |
|
Detached private garages and parking areas
| ||
|
Home offices
| ||
|
Off-street parking, loading and stacking
| ||
|
Private gardens
| ||
|
Private recreational uses and structures
| ||
|
Private schools and day-care centers, accredited when required
by NYS, when accessory to a place of worship
| ||
|
Resident professional occupancies
|
Special permit ZBA
| |
|
Small wind energy system
|
Special permit ZBA
| |
|
Swimming pools
|
§ 260-31L
| |
|
Utility trailer or recreational vehicle
|
§ 260-31I
| |
|
Other uses and structures customarily incidental to the principal
use
|
(2)
Accessory use dimensional standards.
|
R-2 Accessory Use Dimensional Standards
| ||
|---|---|---|
|
Minimum building separation
|
5 feet
| |
|
Minimum from lot line
|
5 feet
| |
|
Maximum height
|
12 feet
| |
|
Maximum building coverage (including principal structure)
|
30%/40%
|
C.
General development standards. Development in the R-2 District shall
also comply with the requirements referenced in the table below.
Purpose: to provide neighborhood centers within existing and
proposed commercial nodes for the location of commercial uses serving
the convenient shopping, professional office and personal service
needs of a neighborhood area and to ensure the compatibility of such
areas with surrounding residential development. These areas are primarily
pedestrian-oriented with accommodations for automobiles.
A.
Principal and special uses.
(1)
Permitted uses and structures.
|
C-1
|
Permitted
|
Special Use
|
Standards
| |
|---|---|---|---|---|
|
RESIDENTIAL USES
| ||||
|
Upper-story dwelling units
|
| |||
|
PUBLIC AND CIVIC USES
| ||||
|
Ambulance service
|
| |||
|
Minor utilities
|
| |||
|
Place of worship
|
| |||
|
Public utility service structure or facility
|
| |||
|
Public works construction yard
|
| |||
|
Telecommunications facility
|
|
§ 260-38
| ||
|
COMMERCIAL
| ||||
|
Advertising agency
|
| |||
|
Animal grooming, cat boarding facility, hospital or veterinarian
|
| |||
|
Antiques and secondhand merchandise store
|
| |||
|
Apparel and accessories store
|
| |||
|
Apparel repair and alterations and shoe repair shop
|
| |||
|
Bakery or confectionary shop (retail)
|
| |||
|
Bank
|
| |||
|
Beauty or barber shop
|
| |||
|
Beverage container redemption store
|
| |||
|
Book and stationery store
|
| |||
|
Day-care center, nursery or other private school
|
| |||
|
Department store
|
| |||
|
Drug store
|
| |||
|
Employment agency
|
| |||
|
Food store/convenience store
|
| |||
|
Funeral home
|
| |||
|
Gymnasium or health club
|
| |||
|
Hardware store
|
| |||
|
Jewelry store
|
| |||
|
Job printing or photography store
|
| |||
|
Laundromat, cleaning and dyeing outlets and pickup
|
| |||
|
Liquor store
|
| |||
|
Massage therapy/reflexology (licensed by NYS)
|
| |||
|
Office
|
| |||
|
Photography studio
|
| |||
|
Printing and photocopying store
|
| |||
|
Postal store or post office
|
| |||
|
Recording studio
|
| |||
|
Restaurant without drive-through or outdoor dining
|
| |||
|
Sporting goods and bicycle store
|
| |||
|
Tattoo parlor/body art studio
|
| |||
|
Variety store
|
| |||
|
INDUSTRIAL
| ||||
|
No industrial uses allowed
|
(2)
Dimensional standards.
|
C-1 Principal and Accessory Use/Structure Dimensional
Standards
|
Vehicle Use Areas
| |||
|---|---|---|---|---|
|
Minimum lot area
|
6,000 square feet
| |||
|
Minimum lot width
|
60 feet
| |||
|
Minimum front yard
|
30 feet
|
15 feet*
| ||
|
Minimum rear yard
| ||||
|
Abutting residential
|
25 feet or height of building, whichever is greater
|
20 feet*
| ||
|
Nonresidential
|
10 feet
|
10 feet*
| ||
|
Minimum side yard
| ||||
|
Abutting residential
|
50 feet
|
20 feet*
| ||
|
Nonresidential
|
0 feet
|
10 feet
| ||
|
Maximum height/No. stories
|
30 feet/2
| |||
|
Maximum building coverage
|
85%
| |||
|
Minimum interior building separation
|
None required
| |||
|
NOTES:
| ||
|---|---|---|
|
*
|
The entire area must be landscaped.
| |
B.
Accessory uses and structures.
(1)
Permitted accessory uses and structures. The following accessory
uses and structures incidental to any permitted principal use are
allowed.
C.
General development standards. Development in the C-1 District shall
also comply with the requirements referenced in the table below.
Purpose: to provide community centers within existing and proposed
commercial nodes and mixed-use activity centers for the location of
commercial uses which serve a larger market area than a neighborhood
center, and provide for community-wide needs for general goods and
services and comparison shopping. Such uses require larger land areas,
generate large volumes of traffic and may generate large amounts of
evening activity.
A.
Principal and special uses.
(1)
Permitted uses and structures.
|
C-2
|
Permitted
|
Special Use
|
Standards
| |
|---|---|---|---|---|
|
RESIDENTIAL USES
| ||||
|
Upper-story dwelling units
|
| |||
|
PUBLIC AND CIVIC USES
| ||||
|
Ambulance service
|
| |||
|
Minor utilities
|
| |||
|
Place of worship
|
| |||
|
Public utility service structure or facility
|
| |||
|
Public works construction yard
|
| |||
|
Telecommunications facility
|
|
§ 260-38
| ||
|
COMMERCIAL
| ||||
|
Advertising agency
|
| |||
|
Amusement/private recreation facility (indoor)
|
| |||
|
Amusement/private recreation facility (outdoor)
|
| |||
|
Animal grooming, cat boarding facility, hospital or veterinarian
|
|
§ 260-33
| ||
|
Antiques and secondhand merchandise store
|
| |||
|
Apparel and accessories store
|
| |||
|
Apparel repair and alterations and shoe repair shop
|
| |||
|
Bakery or confectionary shop (retail)
|
| |||
|
Bank
|
| |||
|
Beauty or barber shop
|
| |||
|
Beverage container redemption store
|
|
§ 260-33
| ||
|
Book and stationery store
|
| |||
|
Day-care center, nursery or other private school
|
| |||
|
Department store
|
| |||
|
Drug store
|
| |||
|
Equipment/tool rental/sales (without exterior display/storage)
|
| |||
|
Equipment/tool/rental/sales (with exterior display/storage)
|
| |||
|
Employment agency
|
| |||
|
Food store/convenience store
|
| |||
|
Funeral home
|
| |||
|
Gymnasium or health club
|
| |||
|
Hardware store
|
| |||
|
Hotel/motel
|
| |||
|
Jewelry store
|
| |||
|
Job printing or photography store
|
| |||
|
Laundromat, cleaning and dyeing outlets and pickup
|
| |||
|
Liquor store
|
| |||
|
Massage therapy/reflexology (licensed by NYS)
|
| |||
|
Office
|
| |||
|
Photography studio
|
| |||
|
Printing and photocopying store
|
| |||
|
Postal store or post office
|
| |||
|
Recording studio
|
| |||
|
Restaurant without drive-through
|
| |||
|
Restaurant with drive-through
|
|
§ 260-33
| ||
|
Restaurant with exterior dining
|
|
§ 260-33
| ||
|
Restaurant with exterior entertainment
|
| |||
|
Sporting goods and bicycle store
|
| |||
|
Tattoo parlor/body art studio
|
| |||
|
Variety store
|
| |||
|
INDUSTRIAL
| ||||
|
No industrial uses allowed
|
(2)
Dimensional standards.
|
C-2 Principal and Accessory Use/Structure Dimensional
Standards
|
Vehicle Use Areas
| |||
|---|---|---|---|---|
|
Minimum lot area
|
10,000 square feet
| |||
|
Minimum lot width
|
80 feet
| |||
|
Minimum front yard
|
30 feet
|
10 feet*
| ||
|
Minimum rear yard
| ||||
|
Abutting residential
|
25 feet or height of building, whichever is greater
|
20 feet*
| ||
|
Nonresidential
|
10 feet
|
10 feet*
| ||
|
Minimum side yard
| ||||
|
Abutting residential
|
50 feet
|
20 feet*
| ||
|
Nonresidential
|
10 feet
|
10 feet*
| ||
|
Maximum height/No. stories
|
30 feet/2
| |||
|
Maximum building coverage
|
60%
| |||
|
Minimum interior building separation
|
None required
| |||
|
NOTES:
| ||
|---|---|---|
|
*
|
The entire area must be landscaped.
| |
B.
Accessory uses and structures.
(1)
Permitted accessory uses and structures. The following accessory
uses and structures incidental to any permitted principal use are
allowed.
C.
General development standards. Development in the C-2 District shall
also comply with the requirements referenced in the table below.
Purpose: to provide areas within the Village for the location
of transportation-oriented commercial uses designed to serve the needs
of motorists and related vehicular needs.
A.
Principal and special uses.
(1)
Permitted uses and structures.
|
MS
|
Permitted
|
Special Use
|
Standards
| |
|---|---|---|---|---|
|
RESIDENTIAL USES
| ||||
|
No residential uses allowed
| ||||
|
PUBLIC AND CIVIC USES
| ||||
|
Ambulance service
|
| |||
|
Minor utilities
|
| |||
|
Public utility service structure or facility
|
| |||
|
Public works construction yard
|
| |||
|
Telecommunications facility
|
|
§ 260-38
| ||
|
COMMERCIAL
| ||||
|
Car wash/car detailing
|
|
§ 260-33
| ||
|
Collision shop
|
|
§ 260-33
| ||
|
Private parking facilities
|
| |||
|
Service station and convenience store
|
|
§ 260-33
| ||
|
Bus, taxi, livery services
|
| |||
|
Vehicle sales, rental and leasing
|
|
§ 260-33
| ||
|
INDUSTRIAL
| ||||
|
No industrial uses allowed
|
(2)
Dimensional standards.
|
MS Principal and Accessory Use/Structure Dimensional Standards
|
Vehicle Use Areas
| |||
|---|---|---|---|---|
|
Minimum lot area
|
0.50 acre
| |||
|
Minimum lot width
|
150 feet
| |||
|
Minimum front yard
|
30 feet
|
15 feet*
| ||
|
Minimum rear yard
| ||||
|
Abutting residential
|
50 feet
|
25 feet*
| ||
|
Nonresidential
|
10 feet
|
10 feet*
| ||
|
Minimum side yard
| ||||
|
Abutting residential
|
50 feet
|
25 feet*
| ||
|
Nonresidential
|
10 feet
|
10 feet*
| ||
|
Maximum height/No. stories
|
30 feet/2
| |||
|
Maximum building coverage
|
60%
| |||
|
Minimum interior building separation
|
None required
| |||
|
NOTES:
| ||
|---|---|---|
|
*
|
The entire area must be landscaped.
| |
B.
Accessory uses and structures.
(1)
Permitted accessory uses and structures. The following accessory
uses and structures incidental to any permitted principal use are
allowed.
|
MS Permitted Accessory Uses and Structures
|
Standards
| |
|---|---|---|
|
Landscaping
| ||
|
Off-street parking, loading and stacking
| ||
|
Signs
| ||
|
Other uses and structures customarily incidental to the principal
use
|
Purpose: to provide areas within the Village for the location
of manufacturing and processing facilities, as well as office, research
and service establishments, where compatible industries will be located
in an organized manner so as to ensure the efficient development of
the industrial use and compatibility with adjacent uses and districts.
A.
Principal and special uses.
(1)
Permitted uses and structures.
|
M-1
|
Permitted
|
Special Use
|
Standards
| ||
|---|---|---|---|---|---|
|
RESIDENTIAL USES
| |||||
|
No residential uses allowed
| |||||
|
PUBLIC AND CIVIC USES
| |||||
|
Minor utilities
|
| ||||
|
Public utility service structure or facility
|
| ||||
|
Public works construction yard
|
| ||||
|
Telecommunications facility
|
|
§ 260-38
| |||
|
COMMERCIAL
| |||||
|
Building materials sales and service
|
| ||||
|
Contracting or construction yards
|
| ||||
|
Electrical and household appliance repair service
|
| ||||
|
Job and newspaper printing
|
| ||||
|
Laundering, dry cleaning, and dyeing services
|
| ||||
|
Medical laboratory testing service
|
| ||||
|
Office
|
| ||||
|
Training school such as technical, trade, vocational and business
|
| ||||
|
Truck terminal
| |||||
|
INDUSTRIAL
| |||||
|
Blending, mixing and packaging of:
| |||||
|
Detergents, disinfectants, fungicides, ink, insecticides, soap
and related household and industrial chemical compounds
|
| ||||
|
Compounding, manufacturing and assembly of:
| |||||
|
Automobile and boating accessories from previously prepared
materials
| |||||
|
Clothing or other textile products
| |||||
|
Electrical and electronic equipment and appliances
| |||||
|
Food and beverage products
| |||||
|
Household items
| |||||
|
Furniture
|
| ||||
|
Merchandise from previously prepared materials
| |||||
|
Musical, scientific, medical, dental or photographic instruments,
equipment or supplies
| |||||
|
Office equipment
| |||||
|
Panels, sheets, tubes or rods
| |||||
|
Pharmaceutical products, cosmetics or toiletries
| |||||
|
Printing, publishing and engraving
| |||||
|
Recreation equipment or toys
| |||||
|
Laboratory, experimental, research and testing facility
|
| ||||
|
Job and newspaper printing
|
| ||||
|
Metalwork, manufacture of concrete, wood and other solid products
|
| ||||
|
Research development facility
|
| ||||
|
Warehousing and storage service
|
| ||||
|
Wholesale distribution facility
|
| ||||
(2)
Dimensional standards.
|
M-1 Principal and Accessory Use/Structure Dimensional
Standards
|
Vehicle Use Areas
| |||
|---|---|---|---|---|
|
Minimum lot area
|
10,000 square feet
| |||
|
Minimum lot width
|
80 feet
| |||
|
Minimum front yard
|
30 feet
|
10 feet*
| ||
|
Minimum rear yard
| ||||
|
Abutting residential
|
25 feet or height of building, whichever is greater
|
20 feet*
| ||
|
Nonresidential
|
10 feet
|
10 feet*
| ||
|
Minimum side yard
| ||||
|
Abutting residential
|
50 feet
|
20 feet
| ||
|
Nonresidential
|
10 feet
|
10 feet*
| ||
|
Maximum height/No. stories
|
30 feet/2
| |||
|
Maximum building coverage
|
60%
| |||
|
Minimum interior building separation
|
None required
| |||
|
NOTES:
| ||
|---|---|---|
|
*
|
The entire area must be landscaped.
| |
B.
Accessory uses and structures.
(1)
Permitted accessory uses and structures. The following accessory
uses and structures incidental to any permitted principal use are
allowed.
|
M-1 Permitted Accessory Uses and Structures
|
Standards
| |
|---|---|---|
|
Landscaping
| ||
|
Off-street parking, loading and stacking
| ||
|
Signs
| ||
|
Other uses and structures customarily incidental to the principal
use
|
C.
General development standards. Development in the M-1 District shall
also comply with the requirements referenced in the table below.
Purpose: to provide areas within the Village for the location
of manufacturing and industrial processing facilities and/or land
uses which have unique operational characteristics which require separation
from noncompatible and/or less intensive uses.
A.
Principal and special uses.
(1)
Permitted uses and structures.
|
M-2
|
Permitted
|
Special Use
|
Standards
| ||
|---|---|---|---|---|---|
|
RESIDENTIAL USES
| |||||
|
No residential uses allowed
| |||||
|
PUBLIC AND CIVIC USES
| |||||
|
Minor utilities
|
| ||||
|
Public utility service structure or facility
|
| ||||
|
Public works construction yard
|
| ||||
|
Telecommunications facility
|
|
§ 260-38
| |||
|
COMMERCIAL
| |||||
|
Adult uses
|
|
§ 260-33
| |||
|
Building materials sales and service
|
| ||||
|
Contracting or construction yards
|
|
§ 260-33
| |||
|
Electrical and household appliance repair service
|
| ||||
|
Job and newspaper printing
|
| ||||
|
Laundering, dry cleaning, and dyeing services
|
| ||||
|
Medical laboratory testing service
|
| ||||
|
Office
|
| ||||
|
Training school such as technical, trade, vocational and business
|
| ||||
|
Truck terminal
|
| ||||
|
INDUSTRIAL
| |||||
|
Blending, mixing and packaging of:
| |||||
|
Detergents, disinfectants, fungicides, ink, insecticides, soap
and related household and industrial chemical compounds
|
| ||||
|
Compounding, manufacturing and assembly of:
| |||||
|
Automobile and boating accessories from previously prepared
materials
| |||||
|
Clothing or other textile products
| |||||
|
Electrical and electronic equipment and appliances
| |||||
|
Food and beverage products
| |||||
|
Household items
| |||||
|
Furniture
|
| ||||
|
Merchandise from previously prepared materials
| |||||
|
Musical, scientific, medical, dental or photographic instruments,
equipment or supplies
| |||||
|
Office equipment
| |||||
|
Panels, sheets, tubes or rods
| |||||
|
Pharmaceutical products, cosmetics or toiletries
| |||||
|
Printing, publishing and engraving
| |||||
|
Recreation equipment or toys
| |||||
|
Laboratory, experimental, research and testing facility
|
| ||||
|
Job and newspaper printing
|
| ||||
|
Junk yard/salvage yard
|
| ||||
|
Metalwork, manufacture of concrete, wood and other solid products
|
| ||||
|
Bulk storage of petroleum/chemical products
|
| ||||
|
Research development facility
|
| ||||
|
Recycling facility for paper, plastic or glass
|
| ||||
|
Warehousing and storage service
|
| ||||
|
Waste handling/solid waste transfer station (not including medical
waste or hazardous waste)
|
| ||||
|
Wholesale distribution facility
|
| ||||
(2)
Dimensional standards.
|
M-2 Principal and Accessory Use/Structure Dimensional
Standards
|
Vehicle Use Areas
| |||
|---|---|---|---|---|
|
Minimum lot area
|
10,000 square feet
| |||
|
Minimum lot width
|
80 feet
| |||
|
Minimum front yard
|
30 feet
|
10 feet*
| ||
|
Minimum rear yard
| ||||
|
Abutting residential
|
25 feet or height of building, whichever is greater
|
20 feet*
| ||
|
Nonresidential
|
10 feet
|
10 feet*
| ||
|
Minimum side yard
| ||||
|
Abutting residential
|
50 feet
|
20 feet *
| ||
|
Nonresidential
|
10 feet
|
10 feet*
| ||
|
Maximum height/No. stories
|
30 feet/2
| |||
|
Maximum building coverage
|
60%
| |||
|
Minimum interior building separation
|
None required
| |||
|
NOTES:
| ||
|---|---|---|
|
*
|
The entire area must be landscaped.
| |
B.
Accessory uses and structures.
(1)
Permitted accessory uses and structures. The following accessory
uses and structures incidental to any permitted principal use are
allowed.
C.
General development standards. Development in the M-2 District shall
also comply with the requirements referenced in the table below.
Purpose. The Land Conservation District is established as an
overlay district to prohibit substantial development in the form of
buildings or structures due to special and/or unusual conditions of
topography, drainage, floodplain or other natural conditions, whereby
considerable damage to buildings or structures and possible loss of
life may occur due to the process of nature.
A.
Principal and special uses.
(1)
Permitted uses and structures.
|
L-C
|
Permitted
|
Special Use
|
Standards
| |
|---|---|---|---|---|
|
RESIDENTIAL USES
| ||||
|
No residential uses allowed
| ||||
|
PUBLIC AND CIVIC USES
| ||||
|
Minor utilities
|
| |||
|
Park or open space
|
| |||
|
Golf course recreation fields
|
| |||
|
Public utility service structure or facility
|
| |||
|
Telecommunications facility
|
| |||
|
COMMERCIAL USES
| ||||
|
Plant nursery
|
| |||
|
INDUSTRIAL USES
| ||||
|
No industrial uses allowed
|
B.
General development standards. Development in the L-C District shall
also comply with the requirements referenced in the table below.
A.
Common recreation. A common recreation use or structure is permitted
in accordance with the district use tables, subject to the following
standards.
(1)
The land is owned by a homeowners' association or other common ownership
and is maintained and used only by the members of the association
or the owners in common, their families and guests;
(2)
The members of the association or common owners are residents of
the subdivision within which the structure or use is located; and
(3)
All buildings shall be located at least 75 feet from any adjoining
residential lot line and all other structures and uses shall be at
least 25 feet away.
B.
Patio home. A patio home is permitted in accordance with the district
use tables, subject to the following standards.
|
Description:
| ||
|---|---|---|
|
The patio home is a single-family detached dwelling unit, similar
to a zero lot line home, placed on a small lot. Due to the modest
area of the lot, the rear yard may be enclosed by a wall, while still
preserving a narrow front yard. Where an alley is provided, all garage
access shall take place from the alley.
| ||
|
|---|
|
Typical patio home layout with and without alley
|
(1)
Patio house dimensional standards. Notwithstanding the dimensional
standards for the district in which a patio home is permitted, a patio
home shall comply with the following standards.
|
Patio Home Standards
| ||
|---|---|---|
|
Minimum lot area (per dwelling)
|
5,000 square feet
| |
|
Minimum lot width
|
40 feet
| |
|
Minimum front yard
|
12 feet
| |
|
Minimum garage setback from street ROW
|
20 feet
| |
|
Minimum rear yard
|
10 feet
| |
|
Minimum side yard
|
—
| |
|
Minimum patio area
|
1,000 square feet
| |
|
Minimum patio width
|
20 feet
| |
|
Minimum building separation
|
12 feet
| |
|
Maximum height
|
28 feet
| |
|
Maximum building coverage
|
40%
| |
|
Minimum floor area
|
1,000 square feet
|
|
A garage with alley access may extend into the rear setback.
|
C.
Upper-story dwelling unit. An upper-story dwelling unit is permitted
in accordance with the district use tables, subject to the following
standards.
(1)
The minimum floor area per dwelling unit shall be as follows: 400
square feet for a zero-bedroom unit; 640 square feet for a one-bedroom
unit; 760 square feet for a two-bedroom unit; 1,000 square feet for
a three-bedroom unit; and 1,200 square feet for a four-bedroom unit.
Parking may be shared with ground floor uses, where appropriate.
D.
Zero lot line home. A zero lot line home is permitted in accordance
with the district use tables, subject to the following standards.
|
Description
| ||
|---|---|---|
|
The zero lot line home is a single-family detached dwelling
unit positioned on one side lot line without any setback. The home
has private yards on three sides of the building, including a wider
side yard comprising the equivalent of two side yards for conventional
detached housing. Garage access may take place from the front or the
rear of the lot.
| ||
 |
(1)
Zero lot line dimensional standards. Notwithstanding the dimensional
standards for the district in which a zero lot line home is permitted,
a zero lot line home shall comply with the following standards.
|
Zero Lot Line Home Standards
| ||
|---|---|---|
|
Minimum lot area (per dwelling)
|
5,000 square feet
| |
|
Minimum lot width
|
40 feet
| |
|
Minimum front yard
|
15 feet
| |
|
Minimum garage setback from street ROW
|
20 feet
| |
|
Minimum rear yard
|
10 feet
| |
|
Minimum side yard
|
—
| |
|
Minimum building separation
|
12 feet
| |
|
Maximum height
|
2 stories
(up to 35 feet)
| |
|
Maximum building coverage
|
40%
|
(2)
Setbacks. The side yard setback may be reduced to zero on one side
of the home. This reduction is not permitted on the front or rear
yard setback or on the side yard setback adjacent to lots that are
not within the zero lot line project.
 Setbacks.tif.png "260-31D(2) Setbacks.tif") |
|---|
|
A garage with alley access may extend into the rear setback.
|
(3)
Maintenance easement. An easement between the two property owners
to allow for maintenance or repair of the home shall be required when
the roof overhang or side wall of the house are within four feet of
the adjacent property line. The easement on the adjacent property
shall provide at least five feet of unobstructed space. The easement
shall be recorded on the deed for the lot where the projection occurs.
 Maint Easement.tif.png "260-31D(3) Maint Easement.tif")
|
|---|
|
Five-foot maintenance easement along zero setback wall
|
(4)
Privacy. If the sidewall of the house is on the property line, or
within three feet of the property line, windows or other openings
that allow for visibility into the side yard of the adjacent lot are
not permitted. Windows that do not allow visibility into the side
yard of the adjacent lot, such as a clerestory window or a translucent
window, are permitted.
 Privacy.tif.png "260-31D(4) Privacy.tif") |
E.
Multifamily dwellings. Multifamily dwellings, including apartments,
condominiums and town homes, are permitted in accordance with the
district use tables, subject to the following standards.
(1)
Density shall not exceed 12 dwelling units per acre.
(2)
Minimum building separation between principal buildings shall be
40 feet. Accessory buildings shall provide a minimum building separation
of 20 feet to principal buildings. Accessory buildings shall provide
a minimum building separation of 10 feet to other accessory buildings.
(3)
An unobstructed access driveway a minimum of 24 feet in width shall
be provided to serve parking areas accessory to dwelling units/buildings.
Driveways and internal roadways shall be designed to provide sufficient
maneuverability for fire access and other large service vehicles.
(4)
A minimum of 400 square feet of common recreation space shall be
provided per dwelling unit to meet the needs of the residents.
(5)
All parking areas/driveways shall be a minimum of 25 feet from the
multifamily buildings which they are accessory to. Required access
driveways serving individual attached garage units shall be exempt
from such distance requirement.
(6)
All dwelling buildings shall be provided with accessible walks from
parking areas, common areas and to public streets.
(7)
Buildings shall be arranged to provide privacy between buildings
and to offer unique configurations which are not monotonous in design.
(8)
The maximum wall length of any group of attached dwelling units shall
not exceed 150 feet. Wall articulation shall be provided to break
up any monotonous wall design.
(9)
Refuse collection areas shall be provided in convenient locations
to meet the needs of all residents.
F.
Fences. Residential fences shall be uniform in their construction
materials and color. Application of paints or other surface protectant
shall have a uniform color on both sides of fence panels and for the
entire length of the enclosing fence. Wood board or solid fences shall
face boards on the outside of rails and posts, so that the good side
of the fence faces the exterior of the yard that the fence is enclosing
and/or the neighboring property.
(1)
All portions of the fence installation, including the fence post
holes, shall not encroach the adjacent property line or required yard
as may be applicable.
(2)
The use of security toppings and/or electric fencing shall be prohibited.
(3)
Fencing shall not exceed a maximum height of six feet within the
required rear yard or interior side yard. Decorative posts or post
caps may exceed the fence height by six inches.
(4)
Fencing of any height is not permitted within the required front yard. See § 260-14B(1)(g) for exterior side yard exceptions.
G.
Garage sales. Residential rummage or garage sales are permitted customary
accessory uses of one- and two-family dwellings, with the following
limitations:
(1)
Sales shall be limited to a maximum of two sales per year for a maximum
of three consecutive days per sale; and
(2)
The placement and use of signs and/or posters shall be limited to
private property. Signs shall not be placed within any road right-of-way,
including any attachment to utility poles and/or street signs; and
(3)
All items for sale shall be returned indoors or within the garage
following the close of the sale for that day; and
(4)
Sales shall be limited to 8:00 a.m. and 5:00 p.m.
H.
Grading and filling of residential land. Filling of vacant or improved
land of any size shall not occur without a grading and drainage plan
approved by the Code Enforcement Officer.
(1)
All such fill shall be earth in its natural form, without any debris
or foreign material. Boulders and similar rock shall not exceed six
inches in diameter.
(2)
Top dressing of lawn areas which do not affect the natural overland
flow of stormwaters are exempt from the drainage plan requirements.
(3)
The construction of earthen berms and similar significant landscaping
features, including retaining walls, requires a grading drainage plan
to be approved by the Code Enforcement Officer.
I.
Recreational vehicles, campers and utility trailers. The parking
of recreational vehicles, including boats, campers, personal watercraft
and utility trailers, are permitted customary accessory uses of one-
and two-family dwellings and may be parked in the exterior of the
premises with the following limitations:
(1)
All such vehicles must be licensed or its trailer must be licensed;
and
(2)
All such vehicles must be on a paved automotive use area (driveway);
and
(3)
All such vehicles may not create a visual obstruction for motorists
or pedestrians; and
(4)
All such vehicles must be a minimum of five feet from a public walk.
J.
Unlicensed motor vehicles/commercial vehicles. The exterior storage
and/or parking of vehicles which are unlicensed, including a current
New York State inspection sticker, may not occur outside of an enclosed
building within residential zoning districts or on premises which
are being utilized as lawful nonconforming residential uses.
(1)
The storage and/or parking of commercial vehicles shall not be permitted
on a residentially zoned parcel or on premises that are being utilized
as lawful nonconforming residential uses, 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.
K.
Security lighting/area lighting. The use of exterior-mounted residential
security lighting or area lighting is permitted as an incidental use
to one- and two-family dwellings with the following limitations:
L.
Swimming pools. Aboveground and in-ground swimming pools are permitted
customary accessory uses of one-family detached dwellings and two-family
dwellings, subject to the following standards. Hot tubs shall also
be subject to these standards:
(1)
All pool structures must be situated behind the principal dwelling
in the required rear yard.
(2)
The pool structure and adjacent pool deck, including any adjacent
walk, shall be a minimum of five feet from a rear property line or
interior property line. If a rear lot line abuts a side lot line of
a neighboring residential use, pool structures and adjacent pool decks,
including any adjacent walks, shall be a minimum of 10 feet from the
rear lot line. Pools may not encroach a required exterior side yard.
(3)
Pool structures capable of holding more than 24 inches of water at
any point shall be provided with a barrier consistent with the minimum
requirements of the New York State Residential Code.
(4)
All pool structures capable of holding more than 24 inches of water
at any point shall be required to obtain a building permit from the
Code Enforcement Officer prior to placement and meet the minimum requirements
of the New York State Residential Code.
(5)
All pool pumps, filters and/or heating equipment shall also be a
minimum of five feet from any rear or interior property line. Such
equipment may encroach an exterior side yard if not housed within
a building.
A.
Day care. A day care is permitted in accordance with the district
use tables and New York Social Services Law, Chapter 55, Article 6,
Children.
B.
Community buildings/place of worship. A place of worship is permitted
in accordance with the district use tables and subject to the following
standards.
(1)
The minimum lot area shall be one acre, and the minimum lot width
shall be 200 feet.
(2)
The minimum yards for structures, parking, loading and stacking areas
shall be in accordance with the following table.
|
Structure Height
| ||||
|---|---|---|---|---|
|
Yard
|
Up to 30 feet
|
30 feet or more
|
Parking, Loading
and Stacking Area
(feet)
| |
|
Front, from right-of-way of a dedicated street
|
50
|
Add 1 additional foot of setback on all sides for every foot
of height over 30 feet
|
15*
| |
|
Side, abutting a residential district
|
25
|
10*
| ||
|
Rear, abutting a residential district
|
50
|
10*
| ||
|
Side and rear, abutting a nonresidential district
|
15
|
5*
| ||
|
NOTES:
| ||
|---|---|---|
|
*
|
Entire area shall be landscaped
| |
(3)
The maximum building coverage shall be 25%.
(4)
The maximum structure height shall be 65 feet for places of worship.
(5)
Schools and day-care centers are permitted as accessory uses.
C.
Public utility service structure or facility. A public utility service
structure or facility is permitted in accordance with the district
use tables and subject to the following:
(1)
The facility shall be secured.
(2)
The facility shall not be used for storage of vehicles or fuels for
vehicles.
(3)
The site plan for the proposed structure shall be reviewed by the Code Enforcement Official (CEO) before a hearing is held by the ZBA. The COE Director shall submit a written report to the ZBA containing his/her analysis of the proposal under the standards of this chapter. Site plan submittal and review under § 260-48 shall not be required.
D.
Public works construction yard. A public works construction yard
is permitted in accordance with the district use tables and subject
to the following standards.
(1)
Such yard shall be permitted on a temporary basis by the Code Enforcement
Official (CEO) for a period not to exceed the terms of the public
works construction contract and restoration period or one year, whichever
is less. The applicant shall submit an operation plan for the location
and extent of activities to occur on the site and a site restoration
plan. The operation plan shall include any proposed changes to the
drainage system. A public works construction yard may continue to
be operated for a period exceeding one year upon approval of a temporary
use permit by the ZBA. If approved, the temporary use permit shall
stipulate the duration of the permit and all restrictions or conditions
deemed appropriate by the ZBA.
(2)
The yard shall be maintained in such a manner that it is neither
obnoxious nor offensive by reason of emission of odor, dust, smoke,
gas, noise, vibration, electromagnetic disturbance, radiation or other
nuisance situation as determined by the CEO.
(3)
All noisemaking activities associated with the public works construction
yard shall be limited to Monday through Friday from 7:00 a.m. to 7:00
p.m.
(4)
A public works construction yard shall not be located within 250
feet of a residential zoning district, a property containing a day-care
center or any other occupied building.
(5)
When a public works construction yard is located within 500 feet
of a residential property, fencing of the entire perimeter of the
public works construction yard shall be required. The fencing shall
be substantially opaque with a minimum height of seven feet and a
maximum height of 10 feet. The point of access to the yard shall be
provided with a gate that is secured when the yard is not in use.
(6)
Only one point of access to the public works construction yard shall
be permitted. Such access shall be provided directly to a public right-of-way.
(7)
The storage or stockpiling of materials and supplies within the construction
yard shall be limited to a maximum height of 20 feet.
(8)
The maximum area of a public works construction yard shall be one
acre.
(9)
The operation for any on-site crushing of stone, concrete or similar
processing shall not be conducted within 500 feet of a residential
zoning district. The hours of operation for any on-site crushing of
stone, concrete or similar processing shall be limited to Monday through
Friday from 8:00 a.m. to 5:00 p.m. Additionally, such activity shall
not be conducted on any day that is a national (United States) holiday.
(10)
Any lighting placed on the site shall be oriented so as to direct
glare or excessive illumination away from the public right-of-way
and adjoining properties.
(11)
Unless otherwise approved by this chapter, no signage shall
be permitted on the site.
(12)
The yard shall be maintained in good condition during the time
of its use. Material and construction residue and debris shall not
be permitted to accumulate. Grass shall be regularly mowed and weed
growth controlled.
(13)
In the event that the conditions of this section are not adhered
to, the Code Enforcement Officer may issue a stop-work order.
(14)
Upon completion of construction, all materials, supplies, equipment
and debris associated with the yard's activities shall be completely
removed and the area restored to its original vegetative and topographic
state as stipulated in the site reclamation plan within 90 days.
A.
Adult uses.
(1)
Purpose. Buildings and establishments operated as adult uses are
detrimental and harmful to the health, safety, morals and general
welfare of a community in that they engender adverse effects which
contribute to the blighting or downgrading of a surrounding neighborhood.
In order to promote the health, safety, morals and general welfare
of the residents of the Village of Depew, this chapter is intended
to restrict adult uses to nonresidential areas of the Village, and
otherwise regulate their operation. Moreover, because the operational
characteristics of adult uses which are concentrated in a particular
area are such that the deleterious impact on the surrounding neighborhood
is increased, this chapter is intended to promote the health, safety,
morals, general welfare and good order of the residents of the Village
of Depew by regulating the concentration of such uses.
(2)
Location restrictions. Adult uses, including sexually oriented media
stores, sexually oriented cabarets or theaters, sexually oriented
businesses or sex shops, shall be permitted, subject to the following
restrictions:
(a)
No such adult uses shall be allowed within 500 feet of another
existing adult use.
(b)
No such adult use shall be located within 1,000 feet of the
boundaries of any premises zoned R-1 Single-Family Residential or
R-2 Two-Family and Multifamily Residential, nor shall such use be
located within 1,000 feet of the boundaries of a property used for
residential purposes, including hotels and motels.
(c)
No such adult use shall be located within 1,000 feet of a preexisting
school, place of worship or day-care center.
(d)
No such adult use shall be located within 1,000 feet of any
Village recreational facility.
(e)
No such adult use shall be located in any zoning district except
those zoned M-2.
(3)
Businesses prohibited. The following businesses are specifically
prohibited in the Village of Depew:
(a)
A massage parlor, studio or other establishment operated by
a person who is not licensed by the State of New York as a massage
therapist or as a medical practitioner.
(b)
A sexually oriented encounter center.
(c)
A sexually oriented video arcade or a sexually oriented viewing
booth or arcade booth.
(d)
A lingerie modeling establishment, unless operated as a sexually
oriented cabaret or theater in accordance with the requirements of
this section, and a nude or sexually oriented modeling establishment,
unless operated as a sexually oriented cabaret or theater in accordance
with the requirements of this section.
(4)
Sexually oriented cabarets, sexually oriented theaters, and sexually
oriented motion-picture theaters shall be subject to the following
standards:
(a)
Presentation area. The room or area in the establishment in
which performances or presentations will take place shall have a minimum
area of at least 500 square feet, all parts of which shall be open
and visible to a person at least five feet in height standing anywhere
in the room. There shall be no partitions, half-walls, screens, curtains
or other dividers dividing portions of the room that are accessible
to the public from other parts of the room that are accessible to
the public; and
(b)
Private rooms. There shall be no private rooms or booths that
are accessible to the public, except required rest rooms. This shall
not prohibit the construction of offices, dressing rooms, kitchens,
storage areas and other nonpublic spaces, provided that they are clearly
posted "employees only" or "public access not allowed."
(5)
Public display of materials prohibited. No adult use shall be conducted
in any manner that permits the observation of any material depicting,
describing or relating to specified sexual activities or specified
anatomical areas from any public way or from any property not registered
as an adult use. This provision shall apply to any display, decoration,
sign, show window or other opening.
(6)
No adult use as described in this chapter shall be established until the issuance of a special use permit by the Village Board. Application for such a special use permit shall be as set forth in § 260-58.
(7)
Registration required. The owner of a building or premises, his agent
for the purpose of managing, controlling or collecting rents or any
other person managing or controlling a building or premises, any part
of which contains an adult use, shall register with the Village Clerk
of the Village of Depew the following information:
(a)
The address of the premises.
(b)
The name and address of the owner of the premises and the names
and addresses of the beneficial owners if the property is in a land
trust.
(c)
The name of the business or the establishment subject to the
provisions of this chapter.
(d)
The name(s) and address(es) of the owner, beneficial owner or
the major stockholder(s) of the business or establishment subject
to the provisions of this chapter.
(e)
The date of initiation of the adult use.
(f)
The nature of the adult use.
(g)
If the premises or building is leased, a copy of said lease.
(8)
It is a violation of this chapter for the owner or person in control
of any property to establish, operate thereon or to permit any person
to establish or operate thereon an adult use without having properly
registered said adult use with the Village Clerk.
(9)
The registration fee shall be $1,000 annually.
(10)
Display of registration. The owner, manager or agent of a registered
adult use shall display in a conspicuous place on the premises of
the adult use a copy of the registration filed with the Village Clerk.
B.
Amusement/private recreation facilities (outdoor). Amusement and
private recreational facilities are permitted in accordance with the
district use tables and subject to the following standards.
(1)
Exterior play/recreation fields shall be a minimum of 100 feet from
any existing residential use or residentially zoned properties.
(2)
Exterior play/recreation fields shall be visually screened from adjacent
existing residential uses or residentially zoned property, with the
use of berming, landscaping and/or fencing.
(3)
Sound-producing equipment and/or audio devices shall not emanate
noise beyond the property line of the premises.
(4)
All equipment, rides and/or apparatus shall not exceed the maximum
permitted heights as established in the dimensional standards for
such district.
(5)
All decorative exterior lighting and/or signage shall be approved
at the time of site plan approval/special permit approval and shall
not be further modified unless approved by the Village Board of Trustees.
C.
Animal grooming, animal boarding facility, animal hospital or veterinary
hospital. An animal grooming facility, animal boarding facility, animal
hospital or veterinarian is permitted in accordance with the district
use tables and subject to the following standards:
(1)
All activities shall be conducted entirely within enclosed buildings,
with all doors, windows and similar openings in a closed position.
(2)
All dog runs, kennels or similar containment areas shall be in an
entirely enclosed building.
(3)
All boarding facilities, and/or areas for animal containment, shall
be designed so that noise shall not emanate outside of the enclosed
building.
D.
Beverage container redemption store. A beverage container redemption
store is permitted in accordance with the district use tables and
subject to the following standards:
(1)
Redemption stores shall only accept containers for soft drinks and
other beverages that are utilized for human consumption and for which
a deposit is required to be collected by a retail merchant. Other
recyclable containers or products shall not be permitted.
(2)
All activities associated with a redemption center shall be conducted
entirely within an enclosed building.
(3)
The use of trailers or roll-on/roll-off containers shall not be permitted
for the storage and/or processing of beverage containers. All beverage
container product received shall be by point of redemption by an individual.
Bulk transfer of beverage containers by third parties for processing
shall not be permitted at a beverage container redemption store.
(4)
All shipments of containers out of the beverage container store shall
be on a regular basis; the use of trailers/delivery trucks for stockpiling
of containers is not permitted. All such delivery trucks shall be
at an approved loading door for purposes of receiving product for
shipment. Trucks and/or trailers shall not be stored on premises.
E.
Car wash (automated). An automated car wash is permitted in accordance
with the district use tables and subject to the following standards.
(1)
Drying and or application of cleaning products to the exterior of
vehicles exiting a car wash building may be performed outside of the
enclosed building but not within any required open space/yard.
(2)
Vacuums and similar ancillary equipment shall be 75 feet from any
residentially zoned property or existing residential use.
F.
Car wash (self service). A self-serve car wash is permitted in accordance
with the district use tables and subject to the following standards.
G.
Contractor storage facilities/yards. A building contractor's warehouse
facility and storage yard is permitted in accordance with the district
use tables and subject to the following standards;
(1)
All exterior storage of equipment/machinery, materials and/or product
shall occur behind a solid fence a minimum of six feet in height and/or
solid vegetative screen. Such required fence shall be newly constructed
and not made up of salvageable materials and/or be constructed of
storage containers, truck bodies and/or other nonapproved barriers.
(2)
Storage shall not occur within any required open space/yard area.
Storage shall not occur in the forefront of an established building
line, even if such area is not within a required front yard. Storage
yards shall be properly graded and drained and shall be improved with
bituminous macadam or concrete. A semipermeable surface may be authorized
by the Code Enforcement Officer if such alternative design as prepared
by a New York State licensed professional engineer demonstrates that
such alternate is no less protective of the environment, and to water
quality, and will not create airborne sediment emissions and/or nuisances
to adjacent land users.
(3)
Product and or materials stored outside shall not be visible from
the public road right-of-way. All such materials/product shall not
exceed the height of the required solid fence and/or required solid
vegetative screen.
(4)
Exterior storage of flammable or combustible liquids as defined in
the most current issue of the National Fire Protection Association
(NFPA) standards shall be entirely underground and in storage tanks
approved by NFPA and the New York State Department of Environmental
Conservation (NYSDEC). Safety containers shall be used within any
building or structure in which flammable/combustible liquids are handled,
consistent with the requirements of the New York State Fire Code and
the NFPA standards.
(5)
Adequate fire access shall be provided as determined by the Code
Enforcement Officer and consistent with the minimum requirements of
the New York State Fire Code.
(6)
All exterior lighting of storage yards shall meet the minimum lighting requirement found in § 260-36.
(7)
Stockpiling of earthen fill, spoils from excavations and/or concrete/blacktop
shall not occur in the exterior areas, unless in an area as shown
on an approved site plan and consistent with any height limitations
set forth for such area.
H.
Drive-through window, accessory. Accessory drive-through windows serving restaurants and other uses are permitted by special permit approved by the Village Board of Trustees and consistent with the requirements found in § 260-58, and subject to the following standards:
(1)
Design standards. All drive-through facilities must meet the minimum
standards as established herein.
(a)
Lot orientation. Drive-through facilities for fast-food restaurants,
donut shops and banks may not be established on lots whose rear lot
line directly abuts a side lot line of a residential use or residentially
zoned parcel. Drive-through facilities for less intensive uses may
be established on lots whose rear lot line directly abuts a side lot
line of a residential use or residentially zoned parcel if the Village
Board of Trustees determines that such use will not result in significant
adverse impacts and appropriate mitigation measures are implemented
by the applicant to minimize identified potential adverse impacts
to the maximum extent practicable.
(b)
Drive-through lanes. The closest pavement edge of a drive-through
lane or bypass lane must be a minimum of 75 feet from the property
line of an adjacent residential use or residentially zoned parcel.
(c)
Driveways which serve drive-through lanes must be a minimum
of 220 feet from the functional area of a road intersection, measured
from the nearest leading edge of the driveway to the beginning of
the functional area.
(c) Functional Area.tif.png "260-33H(1)(c) Functional Area.tif")
|
(d)
Drive-through lanes and bypass lanes must be a minimum of 12
feet in width and shall be independent of any other vehicular lane
required for parking access or loading areas.
(e)
Bypass lane. If a bypass lane is provided, the beginning of
the lane must be positioned within one vehicle queue of the order
board to allow for early exiting of vehicles utilizing the bypass
lane.
(f)
Multiple drive-through lanes. Only one drive-through lane shall
be permitted to approach an order board/dispensing area. A second
drive-through lane may be permitted if it diverges from the primary
drive-through lane to a second order board system and the lane converges
back into the primary drive-through lane. (See illustration below.)
(f) Illustration.tif.png "260-33H(2)(f) Illustration.tif")
|
|---|
|
Illustration showing one drive-through lane with diverging secondary
lane
|
(2)
The Village Board of Trustees may modify the design standards in § 260-33G(1) if it determines that such modification will not result in significant adverse impacts and appropriate mitigation measures are implemented by the applicant to minimize identified potential adverse impacts to the maximum extent practicable.
I.
Grading and filling of land. Filling of vacant or improved land of
any size shall not occur without a grading and drainage plan approved
by the Code Enforcement Officer.
(1)
All such fill shall be earth in its natural form, without any debris
or foreign material. Boulders and similar rock shall not exceed six
inches in diameter.
(2)
The construction of earthen berms and similar significant landscaping
features, including retaining walls, requires a grading drainage plan
to be approved by the Code Enforcement Officer.
J.
Media store with some sexually oriented media. A retail book, video
or other media store that has sexually explicit media that constitutes
more than 10% but no more than 30% of its inventory or that occupies
more than 10% but no more than 30% of its gross public floor area
shall be permitted and shall not be subject to the standards for a
sexually oriented media store, provided that:
(1)
The sexually explicit media is kept in a separate room from the rest
of the inventory of the store;
(2)
Access to the separate room is available only to persons 18 years
or older;
(3)
Access to the room is through a solid door, accessed by an electronic
control device monitored by the clerk or manager on duty through direct
visual control; and
(4)
Customers and activities in the room are visible at all times to
management or the clerk on duty through a video system located at
the clerk's or manager's counter.
K.
Motor vehicle sales: new and used motor vehicles. New and used motor
vehicle sales with accessory service facilities may be established
in accordance with the MS Motor Services Zoning District use tables
and subject to the following limitations:
(1)
New and used motor vehicle sales with or without accessory service
facilities must be situated on a parcel of land which is a minimum
of one contiguous acre in size.
(2)
Display areas for vehicles must provide a minimum pavement setback
to any road right-of-way of at least 15 feet, and such open space
must be landscaped with grass and trees.
(3)
All motor vehicle display areas must be paved with bituminous macadam
or concrete.
(4)
Vehicles not on display, awaiting repair work and/or service, shall
be stored indoors. A maximum of one motor vehicle (which is awaiting
repair) per 500 square feet of gross building area may be stored outside
of the premises for a period not exceeding 14 days until serviced
and/or repaired.
(5)
Vehicles shall not be salvaged for parts and/or reuse. All vehicles
not serviceable shall be stored indoors until disposed of.
(6)
All motor vehicle parts, including but not limited to tires, batteries,
body parts, etc., shall be stored indoors or in an approved refuse
collection area screened from public view until properly disposed
of.
(7)
Motor vehicle sales facilities adjacent to residential zoning districts
and/or existing residential uses must maintain a minimum visual landscape
buffer of 25 feet.
(8)
A minimum of one fire access lane must be established within a vehicle
display lot to allow for emergency access to the display lot. Such
fire access will be in addition to any required fire access for principal
or accessory buildings.
L.
Lawful nonconforming motor vehicle sales facilities. Used and new
motor vehicle sales facilities lawfully established and registered
with the Village Clerk consistent with the requirements of Local Law
No. 1-2009,[1] prior to the adoption of this chapter, may continue subject
to the following limitations:
(1)
Annual registration/license. All lawfully established automobile
sales facilities shall continue to register with the Village Clerk
prior to the expiration of their registration period.
(2)
Annual registration fee and bond. The amount of the annual registration
fee shall be as established by resolution of the Village Board of
Trustees, as may be amended from time to time. An application for
a license under this chapter shall also be accompanied by a bond or
by collateral cash in the sum of $5,000, which bond shall be subject
to approval by the Village Attorney as to form and sufficiency. The
bond shall provide that upon termination of the business, the premises
shall be cleaned up, all business signs removed and restored to its
original condition. The Code Enforcement Officer, after determining
that this subsection has been complied with, may release the bond.
(3)
Recertification of site plan. At the time of registration, a boundary
survey prepared by a New York State licensed land surveyor must be
provided. Said survey must be consistent with the existing site conditions
and show the location of all existing buildings and aboveground features,
including edge of pavements, and public sidewalks, if existing. In
addition to the boundary survey, a to-scale site plan must be presented
for inspection and certification by the Code Enforcement Officer.
(a)
Plan requirements. A to-scale plan must show the following:
[1]
The location of all vehicles to be displayed. Each vehicle shall
be provided with an area of no less than 10 feet by 18 feet. All such
spaces must be a minimum of five feet from the public walk.
[2]
A twenty-foot-wide emergency access route.
[3]
Location of existing buildings.
[4]
Designated customer parking.
(4)
All vehicles display areas must be paved with bituminous macadam
or concrete and may not be enlarged or expanded beyond the initial
registered site plan required pursuant to Local Law No. 1-2009.
M.
Restaurant with outdoor dining. An exterior dining area is permitted
in accordance with the district use tables and subject to the following
standards.
(1)
Exterior dining areas may not exceed 26% of the seating capacity
of the principal use. Seating capacity shall be based on the approved
floor plan as submitted with the original approved building permit.
(2)
Ice cream establishments (principal use) which do not have interior
seating may have a maximum of 10 exterior seats for dining. All other
uses which do not have interior seating may not establish exterior
dining areas.
(3)
Exterior dining areas may be located in a required front yard or
exterior side yard but may not encroach such required yard by more
than 12 feet. Within a traditional neighborhood commercial corridor,
exterior dining areas may not be closer than five feet to any road
right-of-way.
(4)
Exterior dining areas may not encroach any required interior side
yard or rear yard.
(5)
Exterior dining areas may not face any yard area which is contiguous
to a residential use or residential zoning district unless a visual
barrier is established. Such visual barrier shall be a minimum of
six feet in height and may be solid fencing and/or vegetative screening.
(6)
All such dining areas shall be limited to the consumption of food
and beverages. Live entertainment shall not be permitted. Any audio
equipment utilized for music shall not create noise nuisances for
off-premises or adjacent land uses. No exterior area shall have a
bar area; all bars shall be maintained entirely inside the principal
building.
(7)
All exterior dining areas must limit hours of operation to 7:00 a.m.
to 11:00 p.m. if such dining area is within 500 feet of an existing
residential use or zoning district.
(8)
The seating capacity of the exterior dining shall be determined by the Code Enforcement Officer as limited by § 260-33M(1) above. All such exterior dining areas shall be limited to seated dining activities; areas for standing activities shall not be permitted.
(9)
All exterior dining areas must provide barrier protection to prevent
pedestrian conflicts with motor vehicle use areas or other pedestrian
areas. Such barriers may be in the form of fencing, railings, or hard/soft
landscaping features. The Planning Board/Village Board of Trustees
may control the aesthetic quality of the barrier features through
the site plan approval process.
(10)
All exterior dining areas must be provided with refuse containers
to manage the accumulation of waste.
(11)
Rest room facilities must be provided to accommodate the additional
exterior seats. The quantity of required plumbing fixtures will be
based on both interior capacity and additional exterior seats.
(12)
All exterior dining furniture must be removed from the patio
area during winter months (November 1 to April 1) and stored off premises
or in an approved interior storage area.
(13)
Prior to establishing an exterior dining area, site plan approval
must be obtained from the Planning Board/Village Board of Trustees.
N.
Service station/collision shop/motor vehicle repair. A service station
is permitted in accordance with the district use tables and, subject
to the following standards:
(1)
Unenclosed parking of motor vehicles at service stations shall be
limited to four vehicles, and no vehicle shall remain so parked in
excess of 24 hours. Unenclosed overnight parking of motor vehicles
at motor vehicle washing establishments is prohibited.
(2)
Fuel pumps and pump islands may be located in a required side or
rear yard but shall not be located in any required yard abutting a
residential district.
(3)
Exterior storage of flammable or combustible liquids as defined in
the most current issue of the National Fire Protection Association
(NFPA) standards shall be entirely underground and in storage tanks
approved by NFPA and the New York State Department of Environmental
Conservation (NYSDEC). Safety containers shall be used within any
building or structure in which flammable/combustible liquids are handled,
consistent with the requirements of the New York State Fire Code and
the NFPA standards. Below-grade tanks shall not be within any required
yard/open space.
(a)
Below-grade tanks shall be 200 feet from any residential district
or existing residentially utilized parcel.
(4)
All vehicle repairs shall be conducted within a fully enclosed building.
(5)
Vacuums and similar ancillary equipment shall be 75 feet from any
residentially zoned property or existing residential use.
A.
Purpose. Off-street parking, loading and stacking requirements and
regulations are established in order to achieve the following purposes:
(1)
To relieve congestion so that streets can be utilized more fully
for movement of vehicular traffic;
(2)
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;
(3)
To protect adjoining residential neighborhoods from on-street parking;
(4)
To promote the general convenience, welfare and prosperity of business,
service, research, production and manufacturing developments which
depend upon off-street parking facilities;
(5)
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
(6)
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.
B.
Scope of regulations. Off-street parking, loading and stacking facilities
shall be provided as a condition precedent to occupancy of all buildings:
(1)
Whenever a new building is constructed or new use established;
(2)
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
(3)
Whenever an existing building is changed to a more intensive use
requiring more off-street parking, loading or stacking facilities.
C.
Rules for computing requirements.
(1)
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.
(2)
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.
(3)
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:
(4)
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 or the thickness of walls.
(5)
Parking for single-use and multiuse buildings or sites.
(a)
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.
(b)
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.
D.
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 Commissioner
of Building. 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.
E.
Schedule of parking requirements.
(1)
Minimum parking requirements. Off-street parking facilities shall
be provided in quantities not less than set forth in the following
schedule:
|
Schedule of Parking Requirements
| ||
|---|---|---|
|
RESIDENTIAL USES
|
Required Parking Spaces
| |
|
Multifamily dwelling
|
2 per dwelling unit
| |
|
Single-family detached dwelling
|
2 per dwelling 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
| |
|
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 square feet
| |
|
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
| |
|
Medical office or medical facility not otherwise listed
|
1 per 150 square feet
| |
|
Parks or open space not otherwise listed
|
2 per acre, plus 1 per 250 square feet of park building
| |
|
Place of worship
|
1 per 3 seats or per 3 persons of posted capacity if permanent
seats are not installed
| |
|
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 square feet, 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 square feet
| |
|
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 square feet of gross floor area devoted to activity
| |
|
Funeral home or mortuary
|
20 per parlor
| |
|
Go-cart track
|
2 per cart plus 1 per 60 square feet 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 square feet 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 square feet 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 square feet of take-out floor
| |
|
Restaurant, bar, banquet hall and dining area
|
1 per 3 seats, plus 1 per 100 square feet for customer area
or takeout
| |
|
Shopping center and retail sales and service not otherwise listed
(25,000 to 200,000 square feet)
|
5 per 1,000 square feet of net floor area, plus 1 per 5 seats
in sit-down restaurants and theaters
| |
|
Swimming pool, club or spa
|
1 per 50 square feet of gross floor area and pool area devoted
to activity
| |
|
Tennis club
|
3 per court
| |
|
Self-service storage
|
1 per 5,000 square feet of area devoted to storage
| |
|
Vehicle repair
|
5 spaces per bay plus 1 space per employee
| |
|
Vehicle sales or rental
|
2 per 300 square feet 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 square feet
|
|
INDUSTRIAL USES
|
Required Parking Spaces
| |
|---|---|---|
|
Junkyard/salvage yard
|
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 square feet 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
|
(2)
Parking study option. 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.
(a)
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 Commissioner of Building,
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.
(b)
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 Code 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 Code Enforcement Officer that the proposed plan shall result in
an equivalent or better situation with respect to surrounding neighborhoods,
Village-wide traffic circulation or urban design than would strict
compliance with otherwise applicable off-street parking standards.
(c)
Review by Code Enforcement Officer. The Code 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 Code Enforcement Officer shall establish a minimum off-street
parking standard for the proposed use.
F.
Off-premises 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 Code 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 entrance of the use served.
(3)
Zoning classification. Off-premises parking areas serving uses located
in nonresidential zoning districts shall be located in nonresidential
zoning districts. Off-site parking areas serving uses located in residential
zoning districts may be located in residential or nonresidential zoning
districts.
(4)
Agreement for off-premises parking. In the event that an off-premises
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
Code Enforcement Officer/Village Attorney for review and acceptance.
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-premises parking area. The agreement shall run with
the land until terminated with the approval of the Code Enforcement
Officer/Village Attorney. An off-premises parking agreement may be
revoked only if all required off-street parking spaces will be provided
in accordance with this section.
G.
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
Code 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 entrance of all uses served.
(2)
Zoning classification. Shared parking areas serving uses located
in nonresidential zoning districts shall be located in nonresidential
zoning districts. 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 Code Enforcement Officer that clearly demonstrates
the feasibility of shared parking. The study shall be provided in
a format acceptable to the Commissioner of Building. 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 between the owners of record shall be submitted
to the Code Enforcement Officer/Village Attorney for review and acceptance.
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 shared parking area. The agreement shall run with the
land until terminated with the approval of the Code Enforcement Officer/Village
Attorney. 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).
H.
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:
(1)
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.
(2)
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.
(3)
Illumination. Parking, loading and stacking areas shall be illuminated only to the extent necessary to insure the public safety and in accordance with § 260-36, Site lighting.
(4)
Pedestrian walks. Pedestrian walks between parking areas and buildings
shall be provided to assure pedestrians' safety.
(5)
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.
I.
Off-street parking space and parking lot design.
(1)
Parking space dimensions. Required off-street parking spaces shall
have minimum dimensions of nine feet in width by 19 feet in length.
Parallel parking spaces shall have minimum dimensions of nine feet
by 22 feet. Minimum aisle width shall be as follows:
|
Aisle Width
(feet)
| |||
|---|---|---|---|
|
Angle of Parking
|
One Way
|
Two Way
| |
|
13
| |||
|
30°
|
13
| ||
|
45°
|
13
|
24
| |
|
60°
|
18
| ||
|
90°
|
24
| ||
 Aisle Width.tif.png "260-34H(1) Aisle Width.tif")
|
(2)
Parking area location.
(a)
Residential districts and uses. Enclosed or open parking facilities,
as required, shall be provided on the same lot as the dwelling unit
served.
(b)
Business and industrial districts. In all nonresidential districts,
off-street parking, loading and stacking facilities shall be provided
on the same lot as the principal use, except as provided elsewhere
herein.
J.
Vehicular stacking design requirements.
(1)
Minimum stacking requirements. In addition to minimum parking requirements
established herein, the following stacking areas are required. The
size of each stacking space shall be 20 feet in length by nine feet
in width.
|
Specific Use
|
Minimum Stacking Spaces
|
Measured From
| |
|---|---|---|---|
|
Automated teller machine/bank teller
|
3
|
Machine/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
|
8
|
Order box
| |
|
8
|
Order box to pickup window
| ||
|
Other drive-in facilities
|
5, or as determined by Code Enforcement Officer via traffic
study option
| ||
(2)
Location. Stacking spaces may not impede on- or off-site traffic
movements or movements into or out of off-street parking spaces.
(3)
Design. Stacking spaces shall be separated from other internal driveways
by raised medians if deemed necessary by the Code Enforcement Officer/Planning
Board to improve traffic movement and safety.
(4)
Accessory drive-through windows. Accessory drive-through windows
may be permitted by special use permit approved by the Village Board
of Trustees and consistent with the design standards.
K.
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.
(1)
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.
(2)
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 accessways, 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.
(3)
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.
(4)
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.
(5)
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 to 50,000
|
1
| ||
|
50,000 to 100,000
|
2
| ||
|
Each additional 100,000
|
1 additional space
| ||
|
Printing, warehouse and storage establishments
|
Under 40,000
|
2
| |
|
40,000 to 100,000
|
4
| ||
|
Each additional 50,000
|
1 additional space
| ||
|
Industrial
|
Under 20,000
|
2
| |
|
20,000 to 40,000
|
4
| ||
|
Each additional 25,000
|
1 additional space
|
(6)
Unlisted uses. Any use not listed may provide any number of loading
spaces, provided that such spaces are constructed in accordance with
the standards of this section.
A.
Purpose. It is the purpose of this section to:
(1)
Protect and promote the public health, safety and general welfare
by requiring the landscaping of all applicable development, including
parking, stacking and loading areas (vehicle use areas).
(2)
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.
(3)
Reduce the effects of wind and air turbulence, heat and noise, and
the glare of motor vehicle lights and parking area lights.
(4)
Provide unpaved areas for the absorption of surface waters.
(5)
Reduce the level of carbon dioxide and airborne pollutants and return
oxygen to the atmosphere.
(6)
Prevent soil erosion.
(7)
Provide shade.
(8)
Conserve and stabilize property values and to otherwise facilitate
the creation of a convenient, attractive and harmonious community.
(9)
Relieve the blighted appearance of parking areas.
(10)
Generally preserve a healthful and pleasant environment.
(11)
Implement the policies of the Comprehensive Plan.
B.
General provisions.
(1)
All developments subject to site plan review in accordance with § 260-48 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.
(2)
The landscape plan shall show the location of all existing trees
to be preserved and/or removed, the location of all trees and low
level plantings, a planting schedule indicating the number of plant
species, their size and common name. The plan shall also include typical
planting details for trees and shrubs and specifications for ground
cover with germination rates.
(3)
A revised site plan shall not diminish the landscaping of the site
below the requirements of this section.
(4)
Existing trees shall be preserved. Existing trees and vegetation
shall not be removed until such time that a site plan is approved
and a building permit and/or written authorization is granted by the
Code Enforcement Officer.
C.
Landscape regulations.
(1)
Standards and criteria.
(a)
General requirements.
[1]
Required landscaped areas shall be designed as an integral part
of the site development and shall be dispersed throughout the development
site and vehicle use area (VUA).
[2]
Landscaping shall provide screening for adjacent land uses and
with visual, noise and air quality factors considered.
[3]
Vegetation shall be compatible with soil conditions on the development
site and the regional climate.
[4]
Existing and natural features and vegetation shall be preserved
and incorporated in the landscaped area wherever possible.
[5]
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.
[6]
Plastic or other types of artificial plantings or vegetation
shall not be permitted.
[7]
All large and small deciduous trees planted shall have a minimum
caliper of 2 1/2 inches, measured six inches above the ground.
All large deciduous trees planted in multistem form shall have a minimum
height of 12 feet above the finished grade. All small deciduous trees
planted in multistem 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 1 3/4 inches measured six
inches above the ground. All ornamental trees planted in multistem
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
(four feet) above the finished grade.
(b)
Required landscaped area adjacent to buildings. A landscaped
area with a minimum average width of three feet shall be provided
between the proposed principal use building and any off-street parking
or internal access road with the exception of building entrances/exits,
drive-throughs and covered pedestrian walkways. A minimum of 50% 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 ground cover.
(c)
Interior landscaped area. Minimum interior landscaped areas
shall be provided in accordance with following table.
|
Parking Area
(square feet)
|
Minimum Interior Landscaped Area
(percent of parking area)
| |
|---|---|---|
|
0 to 2,999
|
0%
| |
|
3,000 to 7,500
|
5%*
| |
|
7,501 to 43,560
|
5%
| |
|
More than 43,560 (one acre)
|
10%
|
|
NOTES:
| ||
|---|---|---|
|
*
|
For parking areas of 7,500 square feet or less, where the configuration
of the site permits, yard area at least five feet wide in excess of
the minimum required yard in the district shall be credited to the
interior landscaped area requirement.
| |
[1]
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 Code Enforcement Officer and recommended
by the Planning Board.
[2]
All rows of spaces shall terminate in a landscaped island. Each island shall conform to the specifications described in Subsection C(1)(c)[1] above. Terminal island intervals may be modified in order to preserve existing trees or facilitate snow plowing if recommended for approval by the Planning Board.
[3]
Divider medians may be substituted for landscaped islands described in Subsection C(1)(c)[1] above. Divider medians are landscaped areas located between rows of parking spaces, between parking spaces and driveways or between areas of parking. Divider medians shall have a minimum width of six feet (as shown on the illustration below).
(c)-3 End of Parking Row.tif.png "260-35C(1)(c)-3 End of Parking Row.tif")
|
[4]
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 two 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.
[5]
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 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.
[6]
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.
[7]
Parking lot pedestrian medians 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.
[8]
In addition to trees, all landscaped islands and divider medians
shall be landscaped with grass, ground cover, shrubs or other landscape
material as recommended for approval by the Planning Board.
[9]
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.
[10]
All islands and medians shall have six-inch-high
concrete curbing as a minimum to protect plant materials from damage.
[11]
The dimensions of all islands and medians shall
be measured from the landscaped side of the curb.
(d)
Buffers and screening. Developments shall provide sufficient
buffering and screening of vehicle use areas from adjacent residential
uses or properties which are zoned residentially. 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 recommended by the Planning Board in order to improve
the screening 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 to soften the appearance of such screens. All fences provided
or required shall have an attractive, finished appearance facing any
public right-of-way or adjacent property.
(e)
Screening of mechanical equipment. 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. All mechanical equipment shall be limited to
that area shown on an approved site and development plan. 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. Wall- or ground-mounted equipment screening shall be constructed
of:
[1]
Planting screens; or
[2]
Brick, stone, reinforced concrete, or other similar masonry
materials; or
[3]
Redwood, cedar, preservative pressure-treated wood, or other
similar materials; and
[4]
All fence posts shall be rust-protected metal, concrete-based
masonry or concrete pillars, or an equivalent material as approved
by the Code Enforcement Officer.
(f)
Dumpsters. The following standards shall apply to dumpsters
and other refuse collection areas for nonresidential use:
[1]
All dumpster areas shall be limited to that area shown on an
approved site and development plan and may not be placed within a
required yard.
[2]
Areas shall be visually screened on all sides with an opaque
material, which may include shrubs, walls, fences or berms, and which
are a maximum of eight feet in height. 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]
Dumpster enclosure gates shall consist of materials that visually
conceal 100% 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.
D.
Existing development. Where an existing development that requires
site plan review proposes an increase in the vehicle use area of 3,000
or more square feet, the proposed site plan shall provide interior
landscaped areas for the added parking area. The proposed site plan
shall also provide buffering and screening for the added vehicle use
area.
E.
Enforcement and maintenance.
(1)
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.
(2)
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% leaf cover,
as determined by the Code Enforcement Officer, 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.
(3)
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 approval from the Code Enforcement
Officer. Approval to remove must take into consideration any practical
difficulty in preserving the tree as planned, the condition of the
tree and any replacement trees to be planted.
(4)
After the issuance of a final certificate of occupancy or certificate
of compliance, plant materials which die or are not maintained in
a healthy and growing condition with at least 50% leaf cover shall
be replaced within the next growing season with plantings of a similar
size and 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 shall be replaced with plantings
of a size and nature sufficient to achieve the visual screen intended.
(5)
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 Code Enforcement Officer prior to the issuance
of a final certificate of occupancy or certificate of compliance.
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.
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 and done in such a manner
to minimize light pollution. 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 in the sign regulations.
A.
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 during the
site plan submission or at the request of the Planning Board.
B.
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:
(1)
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 (dark sky compliant). Only architectural
lighting may be directed upward, provided that all other provisions
of this section are met.
(2)
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 nonvehicular pedestrian areas.
(3)
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 Village of Depew to promote compatibility
between different land uses and mitigate any potential light nuisances.
(4)
Illumination level. Illumination levels shall be measured in footcandles.
(5)
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.
(6)
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
| |
(7)
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.
(8)
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.
C.
Lighting required for specific uses.
(1)
Sites adjacent to residential uses.
(a)
All lights shall be shielded so as to deflect light away from
any residential use.
(b)
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.
(c)
All light fixtures located within 50 feet of any residential
use shall not exceed 15 feet in height.
(d)
Unless properly shielded, security lighting fixtures such as
wall packs shall not face a residential use.
(2)
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 ten footcandles
as measured at ground level at the inside of the outside edge of the
canopy.
(3)
Automated teller machines. An automated teller machine (ATM) shall
be illuminated in accordance with the ATM Safety Act (New York State
Banking Law, Article II-AA).
D.
Prohibited light sources. Except as otherwise provided in this section,
the following light sources, light fixtures and/or lighting methods
shall not be used for exterior lighting.
(1)
Wooden utility poles, with or without overhead electric.
(2)
Cobra-head-type fixtures or fixtures with a convex lens.
(3)
Searchlights and other high-intensity narrow-beam fixtures.
(4)
Lighting fixtures that have flashing, rotating, moving, pulsing or
alternating colored sources, except between Thanksgiving Day and January
15.
A.
Purpose. Sign regulations, including provisions to control the type,
design, size, location, motion, illumination and maintenance, are
designed to achieve the following purposes:
(1)
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.
(2)
To preserve the scenic and natural beauty of designated areas and
provide a more enjoyable and scenic community.
(3)
To reduce signs or advertising distractions or obstructions that
may contribute to traffic accidents.
(4)
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.
(5)
To control signs so that their appearance will be aesthetically harmonious
with the overall design of the area.
(6)
To reduce hazards that may be caused by signs overhanging or projecting
over public rights-of-way.
(7)
To curb the deterioration of natural beauty in the community's environment.
(8)
To allow signs of a noncommercial nature in order to promote and
foster the free expression of ideas consistent with the scheme set
forth in the Constitution of the United States and the New York State
Constitution;
B.
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:
(1)
Banners, posters, pennants, ribbons, streamers, spinners or other
similar moving, fluttering or revolving devices or strings of lights
are prohibited.
(2)
Rotating or revolving signs.
(3)
Beacons.
(4)
Signage on motor vehicles that are inoperable or do not display a
current vehicle inspection sticker or license plate or are not principally
used as a mode of transportation for business purposes or are conspicuously
parked or located on a lot or public right-of-way for 24 hours.
(5)
Signs, as regulated by this chapter, 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.
(6)
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.
(7)
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.
(8)
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.
(9)
Signs that encroach into the clear sight triangle.
(10)
Signs in the public right-of-way or on other public property.
C.
Signs exempt from regulation. The following signs shall be exempt
from regulation under this section and shall not require a building
permit for a sign.
(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 buildings, 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.
(5)
Signs of a noncommercial nature (political signs) consistent with
the free expression of ideas and protected speech consistent with
the scheme set forth in the Constitution of the United States and
the New York State Constitution.
D.
Signs not requiring a permit. The following additional signs shall
be exempt from regulation under this section and shall not require
a building permit for a sign as described, provided that the sign
meets the additional standards given below.
|
Sign Type/Definition/Standards
|
Illustration
| ||
|---|---|---|---|
|
ADDRESS SIGN
A sign that identifies the occupant and address of a residential
structure.
|
 | ||
|
Standards:
| |||
|
(1)
|
There shall be only one address sign indicating the name and
address of the occupants of a dwelling.
| ||
|
(2)
|
Such sign shall not exceed two square feet in area.
| ||
|
(3)
|
Such sign shall not be internally illuminated.
| ||
|
CONSTRUCTION SIGN
Any freestanding sign intended to provide information about
current construction on a site and the parties involved in the project.
|
| ||
|
Standards:
| |||
|
(1)
|
There shall be only one on-premises construction sign indicating
for each trade, which may indicate the project name and the names
of the architect, engineer, contractor and participating public and
governmental agencies.
| ||
|
(2)
|
Such sign shall not exceed 32 square feet in area.
| ||
|
(3)
|
Such sign shall be a maximum of 15 feet in height.
| ||
|
(4)
|
Such sign shall be located a minimum of 25 feet from the lot
line and 75 feet from any dwelling not within the project.
| ||
|
(5)
|
Such signs must be removed prior to issuance of a certificate
of occupancy/compliance
| ||
|
FUEL PUMP SIGN
A sign attached to a fuel pump advertising the cost of fuel.
|
| ||
|
Standards:
| |||
|
(1)
|
The total area of fuel pump signs shall not exceed one square
foot per pump.
| ||
|
(2)
|
Operational and payment instructions on the face of the pump
shall be exempt from this limitation.
| ||
|
UNDER CANOPY/HANGING SIGN
A sign that hangs perpendicular to a building wall and is supported
by or attached to the underside of a structure canopy, covered entrance
or walkway, awning or marquee.
|
| ||
|
Standards:
| |||
|
(1)
|
Only one hanging sign shall be permitted per customer entrance.
| ||
|
(2)
|
The bottom edge of such signs shall be located a minimum of
eight feet above the finished grade.
| ||
|
(3)
|
Such sign shall not exceed two square feet in area.
| ||
|
(4)
|
Such sign shall have a maximum vertical dimension of 18 inches.
| ||
|
RESIDENT PROFESSIONAL OCCUPATION SIGN
A sign attached to the wall of a permitted home-based business.
|
| ||
|
Standards:
| |||
|
(1)
|
There shall be only one nonilluminated home occupation sign
that is physically attached to the exterior wall of the dwelling.
| ||
|
(2)
|
Such sign shall not exceed two square feet in area.
| ||
|
INCIDENTAL SIGN
A sign that includes information assisting in the flow of vehicular
traffic.
|
| ||
|
Standards:
| |||
|
(1)
|
Incidental signs shall not exceed four square feet in area.
| ||
|
(2)
|
Such sign shall be used to direct and guide traffic and parking
on private property.
| ||
|
(3)
|
Such sign shall not bear any advertising.
| ||
|
MENU BOARD SIGN
A permanently mounted sign displaying the bill of fare for a
drive-through or drive-in restaurant.
|
| ||
|
Standards:
| |||
|
(1)
|
The text of the sign shall not be legible from the public right-of-way
or any adjacent residential district.
| ||
|
(2)
|
There shall be a maximum of two menu board signs per drive-through
lane.
| ||
|
(3)
|
Each menu board sign shall not exceed 36 square feet in area.
| ||
|
POLITICAL SIGN
A temporary sign that supports or opposes any political candidate,
political issue, political referendum or political party.
|
| ||
|
Standards:
| |||
|
(1)
|
Political signs shall be placed only on private property.
| ||
|
(2)
|
Such signs shall not block any intersection clear sight triangle.
| ||
|
(3)
|
Such sign shall be limited to a cumulative maximum of 16 square
feet for all such signage in the R-1 and R-2 Zoning Districts and
be limited to a cumulative total of 32 square feet
| ||
|
REAL ESTATE SIGN
A temporary sign that advertises the sale or lease of the premises
on which it is located.
|
| ||
|
Standards:
| |||
|
(1)
|
There shall be only one on-premises real estate sign for each
building or lot advertising the sale, rental or lease of the premises
on which the sign is displayed.
| ||
|
(2)
|
Such sign shall not be illuminated.
| ||
|
(3)
|
Such sign shall be removed within 15 days after property closing
or lease signing.
| ||
|
(4)
|
Such sign shall not exceed eight square feet per face in residential
districts.
| ||
|
(5)
|
Such sign shall not exceed 32 square feet in area in nonresidential
districts.
| ||
|
(6)
|
One additional real estate sign shall be allowed on a site abutting
more than one roadway.
| ||
|
WINDOW SIGN
A temporary, nonstructural sign affixed to the interior of a
window or door or any other sign inside the building containing a
message legible from the public right-of-way or adjacent property
clearly intended for public recognition outside the building.
|
 | ||
|
Standards:
| |||
|
No window sign or advertising poster shall occupy more than
50% of the area of an individual window area.
| |||
E.
Signs requiring a permit. The following signs shall not be erected
and/or established without a permit issued by the Code Enforcement
Officer. The following signs are permitted, subject to the following
listed standards.
|
Sign Type/Definition/Standards
|
Illustration
| |||
|---|---|---|---|---|
|
BUILDING SIGNS
|
 | |||
|
AWNING SIGN
A sign painted on, attached to or otherwise displayed on an
awning. This sign type does not include canopies over gas pumps.
| ||||
|
Standards:
| ||||
|
(1)
|
No such signs shall exceed 20% of the area of each awning or
canopy (top plus all sides). Awning signage shall count toward the
allowable signage permitted for wall signage indicated in this section.
| |||
|
FASCIA SIGN
A sign attached to the soffit or under the fascia of a building.
|
 | |||
|
Standards:
| ||||
|
(1)
|
A maximum of one sign for each establishment or enterprise shall
be permitted in addition to allowable wall signage.
| |||
|
(2)
|
The bottom edge of such signs shall be located a minimum of
eight feet above the finished grade.
| |||
|
(3)
|
Such signs shall not exceed 18 square feet in area.
| |||
|
MARQUEE SIGN
A sign attached to the face of a marquee and not projecting
above or beneath said marquee face. A marquee is a permanent roof-like
structure that projects from the wall of a building and may overhang
the public way.
|
 | |||
|
Standards:
| ||||
|
(1)
|
No more than one marquee sign shall be permitted for each building
frontage that includes an entrance serving the general public and
shall not exceed 50 cumulative square feet in area and shall count
toward the allowable area for wall signage on the wall that the marquee
sign is affixed.
| |||
|
(2)
|
Such sign shall not extend beyond the top or sides of the building.
| |||
|
(3)
|
Such sign shall not be oriented toward any residential district.
| |||
|
(4)
|
Such signs shall not project into any adjacent right-of-way,
unless approved by the appropriate federal, state, county, or local
highway official.
| |||
|
(5)
|
The bottom of such signs shall be a minimum of eight feet above
the walkway.
| |||
|
PROJECTING SIGN
A sign attached perpendicular to a building or other structure.
This definition shall not include hanging signs.
|
| |||
|
Standards:
| ||||
|
(1)
|
Only one projecting sign is permitted per building frontage
per business with an entrance available to the general public.
| |||
|
(2)
|
Such sign shall not exceed 16 square feet in area and shall
count toward the allowable area for wall signage on the wall to which
the projecting sign is affixed.
| |||
|
(3)
|
Such signs shall not project into any adjacent right-of-way,
unless approved by the appropriate federal, state, county, or local
highway official.
| |||
|
(4)
|
The bottom of such signs shall be a minimum of eight feet above
the walkway.
| |||
|
WALL SIGN
A sign integral with or attached to and supported by the exterior
wall of a building. Such signage shall also include signs which are
painted on walls.
|
Channel Letter Wall Sign
| |||
|
Standards:
| ||||
|
(1)
|
A wall sign shall not project above or beyond the ends of the
building or its parapet or the highest point of the roof, whichever
is higher.
| |||
|
(2)
|
Such sign shall not project more than 12 inches from the exterior
supporting wall.
|
Painted Wall Sign
| ||
|
(3)
|
On a multioccupancy building, each occupant with an outside
entrance serving the general public may have a separate wall signs.
| |||
|
(4)
|
Such sign shall have a maximum area equivalent to 20% of the
leasable wall area or 100 square feet, whichever is less.
| |||
|
(5)
|
Such signs may not be placed on any walls which face a residential
use or residentially zoned property.
| |||
|
GROUND SIGN
A sign supported by uprights or braces placed upon or in the
ground and not attached to any building.
|
 | |||
|
Standards:
| ||||
|
(1)
|
One ground sign shall be permitted for each individual building
lot. Only one such freestanding sign shall be permitted and may not
be combined with another style of freestanding sign shown in this
section.
| |||
|
(2)
|
Such sign shall be no higher than eight feet above the average
finished grade and shall be permanently attached to the ground.
| |||
|
(3)
|
Such sign shall not exceed 80 square feet in total face area
for one business on an individual lot or:
| |||
|
•
|
100 square feet for multiple businesses up to 30,000 square
feet
| |||
|
•
|
120 square feet for multiple business 30,000 to 60,000 square
feet
| |||
|
•
|
150 square feet for multiple businesses 60,000 to 150,000 square
feet
| |||
|
•
|
200 square feet for multiple businesses over 200,000 square
feet
| |||
|
(4)
|
Such sign shall be located a minimum of 50 feet from any residential
lot and 10 feet from a street right-way.
| |||
|
MESSAGE CENTER SIGN/LED SIGN
Any sign which contains an illuminated, programmable message
or graphic, whether fixed or moving.
|
Ground Sign with LED Message Center
| |||
|
Standards:
| ||||
|
(1)
|
Message center signs may only be included as a part of a permitted
freestanding sign and not on walls or within windows.
| |||
|
(2)
|
The information displayed on a message center sign for advertisement
purposes shall remain static for a period of no less than 60 seconds.
|
Pole Sign with LED Message Center
| ||
|
(3)
|
The transition between successive messages shall be instantaneous
and shall not contain such visual effects as fading, dissolve, flashing,
or animation.
| |||
|
(4)
|
Each message displayed shall be complete in itself, without
continuation in content to the next message or to any other sign.
All such graphics being utilized in the message shall also be static
during the message interval.
| |||
|
(5)
|
The area containing the LED display shall not exceed 50% of
the allowable area for such freestanding sign.
| |||
|
(6)
|
Such sign shall not exceed 80 square feet in total face area
for one business on an individual lot or;
| |||
|
•
|
100 square feet for multiple businesses up to 30,000 square
feet
| |||
|
•
|
120 square feet for multiple business 30,000 to 60,000 square
feet
| |||
|
•
|
150 square feet for multiple businesses 60,000 to 150,000 square
feet
|
NONCONFORMING LED SIGNS — Existing LED message center signs established prior to the adoption of this section may continue as lawful nonconforming accessory uses subject to the limitations as established in § 260-37K.
| ||
|
•
|
200 square feet for multiple businesses over 200,000 square
feet
| |||
|
(7)
|
Such sign shall be located a minimum of 50 feet from any residential
use lot and 10 feet from a street right-way.
| |||
|
POLE SIGN/PYLON SIGN
A sign that is mounted on a freestanding pole or other support
so that the bottom edge of the sign face is a minimum of eight feet
above the finished grade of a paved walk, drive, or parking area.
|
Pylon Sign
| |||
|
Standards:
| ||||
|
(1)
|
One pole sign/pylon sign shall be permitted for each individual
building lot. Only one such freestanding sign shall be permitted and
may not be combined with another style of freestanding sign shown
in this section.
| |||
|
(2)
|
Such sign shall not exceed 80 square feet in total face area
for one business on an individual lot or:
|
Pole Sign
| ||
|
•
|
100 square feet for multiple businesses up to 30,000 square
feet of building area
| |||
|
•
|
120 square feet for multiple business 30,000 to 60,000 square
feet
| |||
|
•
|
150 square feet for multiple businesses 60,000 to 150,000 square
feet
| |||
|
•
|
200 square feet for multiple businesses over 200,000 square
feet
| |||
|
(3)
|
Such sign shall be located a minimum of 50 feet from any residential
use lot and 10 feet from a street right-way.
| |||
|
(4)
|
The pole support for such signs shall be fully encased or skirted.
A sign with a single support shall have a minimum support width of
30% and a maximum support width of 50% of the width of the sign face.
Each support for a sign with double supports shall be a minimum of
15% of the width of the sign.
|
Pole Sign with LED Message Center
| ||
|
(5)
|
The maximum height of a pole or pylon sign from grade shall
be 30 feet.
| |||
|
(6)
|
Flood lights or parking lot lighting shall not be affixed to
a pole or pylon sign.
| |||
|
SUBDIVISION/MULTIFAMILY DEVELOPMENT IDENTIFICATION SIGN
A sign indicating the name of the subdivision or multifamily
residential development.
|
| |||
|
Standards:
| ||||
|
All permitted districts
| ||||
|
(1)
|
A subdivision or residential development identification sign
shall be maintained in good repair by a homeowners' association.
| |||
|
(2)
|
Such sign shall be located a minimum of 10 feet from any lot
line and not in a clear vision triangle.
| |||
|
Single-family districts.
| ||||
|
(1)
|
One non-internally illuminated permanent subdivision identification
sign may be permitted for each side of a subdivision or residential
development entryway.
| |||
|
(2)
|
Such sign shall not exceed 32 square feet in area and eight
feet in height.
| |||
|
Multifamily districts.
| ||||
|
(1)
|
One non-internally illuminated permanent identification sign
may be permitted at each entrance to the development.
| |||
|
(2)
|
Such sign shall not exceed 20 square feet in area and six feet
in height.
| |||
|
MISCELLANEOUS SIGNS
|
| |||
|
DIRECTORY SIGN
A sign or group of signs attached to a building or freestanding
which identifies or directs traffic to the business, owner, address,
or occupation of a group of businesses.
| ||||
|
Standards:
| ||||
|
(1)
|
Only one directory sign shall be permitted at each entrance
and one additional directional sign elsewhere on the premises.
|
| ||
|
(2)
|
No such sign shall exceed 16 square feet in area.
| |||
|
(3)
|
Additional internal directory signs not visible from the street
may be permitted as part of a master sign plan.
| |||
|
(4)
|
Such sign may contain business names with arrows.
| |||
F.
Sign lighting electrical standards.
(1)
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. (See sign standards for "Message Center Sign LED Message Centers.")
(2)
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.
(3)
The full number of illuminating elements of a sign shall be kept
in working condition or immediately repaired or replaced.
(4)
All electric to freestanding signs shall be buried below grade and
meet the minimum requirement of the National Electric Code.
(5)
All signs which are illuminated shall be UL listed.
G.
Sign area computation. The following principles shall control the
computation of sign area and sign height.
(1)
Computation of area of individual signs.
(a)
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 Code
Enforcement Officer 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.
(a) Emblem or Decal Sign.tif.png "260-37G(1)(a) Emblem or Decal Sign.tif")
|
(b)
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) Cabinet Sign.tif.png "260-37G(1)(b) Cabinet Sign.tif")
|
(2)
Computation of area of multifaced signs freestanding signs.
(a)
The sign area for a sign with more than one face shall be computed
by adding together the area of all sign faces visible from any one
point. When two identical sign faces area placed back to back or at
an angle of less than 45° and when such sign faces are part of
the same sign structure, the sign area shall be computed by the measurement
of one of the faces.
(a) Sign Area Sign.tif.png "260-37G(2)(a) Sign Area Sign.tif")
|
(b)
For multifaced freestanding signs with an angle over 45°
and/or have three or more faces, each sign face shall be calculated
separately to determine the allowable sign area for such freestanding
sign.
H.
Permitted signs table.
|
Sign Type
|
Residential Districts
|
Business Districts
|
Industrial Districts
| ||
|---|---|---|---|---|---|
|
Address sign
|
|
|
| ||
|
Construction sign
|
|
|
| ||
|
Incidental sign
|
|
| |||
|
Fuel pump 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
|
|
| |||
|
Freestanding Signs
| |||||
|
Ground sign
|
|
| |||
|
Message center sign
|
| ||||
|
Pole sign/pylon
|
| ||||
|
Subdivision identification sign
|
| ||||
|
Miscellaneous Signs
| |||||
|
Directory sign
|
|
| |||
I.
Permitted sign area.
(1)
Total sign area for building parcel/lot. Total signage for those
signs which require a building permit shall be limited to the following
thresholds:
(a)
C-1 zoned parcels: 1,000 square feet total for all signs.
(b)
C-2 zoned parcels: 1,000 square feet total for all signs.
(c)
MS zoned parcels: 700 square feet total for all signs.
(d)
M-1 zoned parcels: 500 square feet total for all signs.
(e)
M-2 zoned parcels: 500 square feet total for all signs.
J.
Temporary signs. 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 sign. A temporary permit for a sign shall be issued subject to the
following limitations:
(1)
A temporary sign is permitted for period not exceeding 30 consecutive
days.
(2)
The use of the sign is limited to an individual business and permitted
once per calendar year.
(3)
Signs may be internally illuminated and may use LED message displays
consistent with the limits for such signage found in this section.
All electrical cords utilized for such signage must be protected from
physical damage and electrocution to persons and animals.
(4)
Signs may not be placed on public property and may not cause visual
obstructions for motorists or pedestrians.
(5)
Signs must be anchored to prevent overturning or becoming windblown.
K.
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
Code Enforcement Officer shall require compliance with all standards
of this chapter. If the sign does not comply with adequate safety
standards, it shall be removed as directed by the Code Enforcement
Officer.
(1)
Abandoned signs. Except as otherwise provided in this chapter, 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 nine months or more. An abandoned
sign is prohibited and shall be removed by the owner of the sign or
owner of the premises. Failure to remove an abandoned sign shall be
a violation of this chapter.
(2)
Dangerous or hazardous signs. 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. Exposed
wires on a sign or its supporting members are prohibited.
(3)
Unlawful signs/lawful nonconforming sign. Signs erected without a permit or established inconsistent with provisions of this chapter shall be considered a violation punishable by the provisions found in § 260-67.
(a)
Wall signs and freestanding signs lawfully established with
an approved permit may continue until abandoned as specified above.
(b)
Amortization period for LED message signs. Signs which utilize
LED message displays and which were lawfully established prior to
the original adoption of this chapter may continue for a period of
six months. Upon the expiration of six months, such signage must adhere
to the following limitations of use:
[1]
All messages shall remain static for a period of no less than
60 seconds.
[2]
The transition between successive messages shall be instantaneous
and shall not contain such visual effects as fading, dissolve, flashing,
or animation.
[3]
Each message displayed shall be complete in itself, without
continuation in content to the next message or to any other sign.
All such graphics being utilized in the message shall also be static
during the message interval.
[1]
Editor's Note: Former §§ 260-38 through 260-47,
regarding communications towers and antennas, were repealed 5-12-2014
by L.L. No. 2-2014.
Prior to the development of individual parcels for commercial
activities, including but not limited to retail development, multifamily
residential development and industrial development, a site plan for
the land activity or development must be reviewed and approved. The
purpose of these regulations is to enable the Village to control the
placement of buildings and accessory structures, and ancillary improvements,
so that they do not impact neighboring land uses or negatively impact
the surrounding community. The implementation of these requirements
furthers the public health, safety and general welfare of the community
by allowing the reviewing body to restrict the number, size and location
of vehicular access points along all roads; require buffering of incompatible
land uses; require adequate aesthetic enhancements in the form of
soft and hard landscaping features; require buildings to have architectural
features which are consistent with human scale and/or require architectural
styles that are consistent with or reflective of the surrounding community;
and require the provision of open space in multifamily residential
development for recreational opportunities, or permit the Village
to accept monies in lieu of providing such open space, for the creation
of recreational opportunities elsewhere in the community.
The following activities do not require site plan approval:
A.
The construction of one- or two-family dwellings and their customary
accessory structures on individual lots.
B.
Exterior alterations or additions to existing commercial structures
which are 25% of the gross building area or 1,000 square feet, whichever
is less. Such exemption will be limited to a cumulative maximum building
area of 1,000 square feet. All subsequent additions must obtain site
plan approval.
C.
Parking area expansions for nonresidential uses not exceeding 1,500
square feet.
The Village Planning Board shall receive and review all site
plans required by this chapter and shall offer a recommendation to
the Village Board of Trustees to approve, approve with modifications
or deny such site plans in compliance with the provisions of this
chapter. Approval of such site plans shall vest with the Village Board
of Trustees. The Village Board of Trustees shall not consider action
on any site plan until the Planning Board has offered a recommendation.
A.
All commercial activities requiring site plan approval shall be classified
by the Code Enforcement Officer or his/her designee as either a minor
or major action. Minor actions are those which are not listed as Type
One actions pursuant Section 617.4 of State Environmental Quality
Review Act[1] and/or the estimated value of construction as determined
by the Code Enforcement Officer or his/her designee is consistent
with construction activities of a smaller scale.
[1]
Editor's Note: See 6 NYCRR 617.4.
B.
Major actions shall be defined as those activities which are Type
One actions pursuant to 617.4 of the State Environmental Quality Review
Act[2] and/or the estimated value of construction or the scale
of the project as determined by the Code Enforcement Officer or his/her
designee is of a magnitude which warrants a designation of major activity
rather than a minor activity.
[2]
Editor's Note: See 6 NYCRR 617.4.
Prior to a building permit being issued or construction commencing
for an activity which requires site plan approval, the Code Enforcement
Officer will require an application for site plan approval to be filed
with his/her office.
A.
All minor and major actions shall require a sketch plan conference
to be held with the Code Enforcement Officer (CEO) or his/her designee
and the applicant prior to the preparation and submission of a formal
site plan. The intent of the conference is to enable the applicant
to inform the Village of his/her proposal prior to the preparation
of a detailed site plan and for the CEO to review a basic site concept
plan, advise the applicant of potential problems and concerns and
to generally determine the information to be required on the site
plan. In order to accomplish these objectives, the applicant shall
provide the following with his/her written request for a sketch plan
conference:
(1)
A project statement indicating the proposed use and/or changes (if
an addition to an existing facility).
(2)
A rough sketch (to scale), showing the locations and dimensions of
principal and accessory structures, parking areas, vehicular ingress
and egress points, proposed signage, existing and proposed vegetation,
any other proposed exterior site features, anticipated changes in
topography and natural site features, including floodplains, floodways
and/or regulated wetlands or water bodies.
(3)
A general location map which places the site in context with the
surrounding streets, rights-of-way, easements and other pertinent
features.
(4)
A boundary survey prepared by a New York State licensed land surveyor
reflective of current conditions.
B.
Following the sketch plan conference with the CEO, a site plan approval
request form and filing fee shall be submitted to the Code Enforcement
Officer or his/her designee along with 10 copies of a site plan, showing
all of the information required as discussed with the applicant during
the sketch plan conference and as indicated on the Village's site
plan checklist.
C.
In addition to the information indicated on the Village's site plan
checklist, the Planning Board/Village Board of Trustees may also request
that the applicant prepare studies to demonstrate that potential impacts,
including but not limited to traffic, storm drainage, noise, air pollution
or water quality, will be mitigated and/or avoided as required pursuant
to the provisions of the State Environmental Quality Review Act (SEQRA).
D.
In addition to the filing fee for a site plan approval request, the
Village may be reimbursed for any costs incurred by the Planning Board
for required professional assistance or other extraordinary expense
in connection with the review of a proposed site plan. Such reimbursable
costs will be a charge associated with the site plan review, in addition
to the aforesaid site plan filing fee. Such reimbursable fees, if
requested by the Village, shall be established in advance with an
applicant and shall be in addition to any reimbursable fees permitted
pursuant to the State Environmental Quality Review Act (SEQRA).
The Planning Board's review of the site plan shall include,
as appropriate, the following general considerations:
A.
Location, arrangement, size, design and general site compatibility
of buildings, lighting and signs.
B.
Adequacy and arrangement of vehicular traffic access and circulation,
including intersections, road widths, pavement surfaces, dividers
and traffic controls.
C.
Location, arrangement, appearance and sufficiency of off-street parking,
loading and drive-through lane stacking.
D.
Adequacy and arrangement of pedestrian traffic access and circulation,
pedestrian walks and walkway structures, control of intersections
with vehicular traffic and overall pedestrian mobility and convenience.
E.
Adequacy of stormwater and drainage facilities.
F.
Adequacy of water supply and sewage disposal facilities.
G.
Adequacy, type and arrangement of trees, shrubs, and other landscaping
constituting a visual and/or noise buffer between adjoining lands,
including the maximum retention of existing vegetation.
H.
Adequacy of fire lanes and other emergency zones and the provision
of fire hydrants.
I.
Special attention to the adequacy and impact of structures, roadways,
and landscaping in areas with susceptibility to ponding, flooding
and/or erosion.
J.
Overall impact on the neighborhood, including compatibility of design
considerations.
K.
The provision of open space within multifamily residential developments
for the recreational needs of the residents of such developments.
The Village may require the provision of open space up to a
maximum of 30% of a development site within proposed multifamily developments
to provide for the recreation needs of the residents of such developments.
The Village may also accept, in lieu of such open space, monies to
provide recreational opportunities elsewhere in the community.
A.
Within 30 days of receipt of a formal application for site plan approval
(subsequent to sketch plan conference as specified herein), the Planning
Board shall schedule a meeting with the applicant. Such meeting shall
not be scheduled unless the application submittal is deemed complete
by the Planning Board.
B.
Within 30 days following the scheduled meeting, the Planning Board
shall offer a recommendation to the Village Board of Trustees. In
its recommendation, the Planning Board shall recommend approval of
the site plan, approval with modifications or recommend denial of
the site plan. All recommendations rendered shall be in writing and
based on evidence of the proceedings and based on information contained
within the site plan submittal. The recommendations of the Planning
Board shall be filed in the office of the Village Clerk within five
business days of the recommendation being rendered. The time period
in which the Planning Board must offer a recommendation may be extended
by mutual consent of the applicant and the Planning Board, providing
the applicant makes a written request to extend the time frame to
the Planning Board.
Within 62 days following a recommendation made by the Planning
Board, the Village Board of Trustees shall approve, approve with modification
or deny the site plan application. All time frames as mandated pursuant
to the State Quality Review Act (SEQRA) shall be observed in addition
to the time frames allowed for this section.
Failure of an applicant to obtain site plan approval prior to commencing an activity shall be considered a violation punishable by the provisions of § 260-67 of this chapter.
The requirement for the issuance of a special use permit shall
be for the purpose of determining that each proposed use is, and will
continue to be, compatible with surrounding existing and planned uses.
Unless otherwise provided, the special permitted uses outlined in
the zoning districts of this chapter shall be permitted uses in their
respective districts, subject to the satisfaction of the requirements
and standards outlined in this chapter. Any use which is not listed
within a zoning district is not permitted. All special permitted uses
possess unique characteristics and will be considered on an individual
basis.
A.
The authority to issue special use permits is vested with the Village Board of Trustees, unless a special permitted use is listed to be approved by the Zoning Board of Appeals pursuant to § 260-72.
B.
No special use permit shall be issued unless the Village Board of
Trustees determines that the use complies with the following general
requirements and any supplemental regulations listed for that particular
use:
(1)
The use is designed, located and proposed to be operated so the public
health, safety, welfare and convenience will be protected.
(2)
The use will not cause substantial injury to the value of other property
in the neighborhood where it is located.
(3)
The use will be compatible with adjoining development and the character
of the neighborhood where it is located.
(4)
Adequate buffering, including landscaping and screening, is provided
to preserve the character of the neighborhood and adjacent land uses.
(5)
Adequate off-street parking and loading are provided, and the special
use will not substantially interfere with traffic on abutting streets.
A.
All applicants seeking a special use permit approval shall submit a request on the forms provided by the Village along with a filing fee as established by the Village. All requests shall be submitted simultaneously with a site plan approval request application and consistent with the application procedure as specified for site plan submissions in § 260-48.
B.
Within 30 days after receipt of the application by the Planning Board,
the Planning Board shall review the special use permit application,
site plan and supporting data and shall recommend approval, approval
with modifications or conditions or disapproval of the special use
permit request. The Planning Board's action shall be in the form of
a written recommendation of approval or disapproval of the special
use permit application to the Village Board of Trustees.
C.
Within 62 days following the recommendation made by the Planning
Board, the Village Board of Trustees shall conduct a public hearing
on the request for a special use permit. Within 62 days following
the public hearing, the Village Board of Trustees shall either approve
or deny the special use permit. All time frames mandated pursuant
to the State Environmental Quality Review Act shall be observed in
addition to the time frames allowed by this section.
D.
In granting approval, the Village Board of Trustees may impose conditions
as necessary to ensure the harmonious integration and compatibility
of special permitted uses within neighborhoods and with surrounding
areas.
Special use permits shall expire under the following conditions:
A.
The applicant or owner abandons the activity or land use for which
the special use permit was granted. Such an abandonment shall be when
the activity or land use has not been actively used for its intended
purpose for a period of one year.
B.
The special use permit shall expire on the next day following the
end of any period granted to correct deficiencies and/or violations
of any condition attached to the granting of a special use permit.
C.
A special use permit shall be deemed to authorize only one special
use and shall expire if the applicant or owner fails to obtain a building
permit within six months of the Village Board of Trustee's approval
of a special use permit.
D.
Where no structure is involved, and a special use or activity has
not commenced within six months of the Village Board of Trustee's
approval.
E.
Construction and/or use of the structure for which such special use
permit was granted shall not have commenced within 12 months after
the date of issue of such special use permit.
A.
Failure to adhere to special permit conditions as established by the Village Board of Trustees shall be considered a violation, subject to the penalties as prescribed by § 260-67 of this chapter.
B.
Failure to adhere to special permit conditions may also be cause
for revocation of a special use permit by the Village Board of Trustees.
The Village Board of Trustees may, after holding a public hearing
at which the permit holder is given an opportunity to be heard, order
the revocation of the permit either immediately or after a remedial
action period if the permit holder fails to correct the violation.
Upon revocation of the permit, the special use or activity shall immediately
cease.
Applications for special use permits, once denied or revoked, may not be reheard for a period one year. All requests for rehearings shall be treated as new applications subject to the application procedures as established in § 260-60.
Unless otherwise provided, the provisions of this chapter shall
be administered and enforced by the Code Enforcement Officer of the
Village of Depew or his/her designees. The Code Enforcement Officer
shall keep a complete file of all applications, permits, orders, certificates,
requirements and decisions affecting each and every application filed
with the Village of Depew pursuant to this chapter.
A.
The provisions of the New York State Uniform Fire Prevention and
Building Code and other applicable regulations of the Village of Depew
shall control the issuance of building permits. In addition to such
provisions, every application for a building permit shall be accompanied
by a survey, sealed or stamped by a licensed surveyor, in duplicate,
drawn to scale and showing the dimensions of the plot to be built
upon, the size and location of the building or other structure on
the plot and such other information as may be necessary to provide
for the enforcement of the regulations contained in this chapter.
B.
No building permit shall be issued unless the provisions of this
chapter are complied with, including approved site plans and/or special
use permits as required. Building permits shall not be issued and/or
commencement of construction activities shall not continue on any
project for which an appeal is pending before the Village Zoning Board
of Appeals and until the written decision of the Zoning Board of Appeals
is filed with the Village Clerk's office and the Code Enforcement
Officer.
C.
In the case of a building permit for multifamily dwellings or apartments,
no building permit shall be issued unless plans have been prepared
by a New York State licensed professional engineer certifying that
such dwellings will be provided with adequate sanitary sewage, potable
water and storm drainage for the project.
The Code Enforcement Officer is hereby empowered to cause any
building, other structure or tract of land to be inspected and examined
and to order, in writing, the nature of the violation of any provision
of this chapter and the remedying of the violation found to exist
and a time frame for completing such remedy. After any such order
has been served, no work shall proceed on any building, other structure
or tract of land covered by such order, except to comply with such
order.
A.
A violation of this chapter is hereby declared to be an offense,
punishable by a fine of not less than $50 nor more than $350 or imprisonment
for a period not to exceed 15 days, or both, for conviction of a first
offense; for conviction of a second offense, both of which were committed
within a period of five years, punishable by a fine of not less than
$350 nor more than $700 or imprisonment for a period not to exceed
15 days, or both; and upon conviction of a third or subsequent offense,
all of which were committed within a period of five years, punishable
by a fine of not less than $700 nor more than $1,000 or imprisonment
for a period not to exceed 15 days, or both. Each week's continued
violation shall constitute a separate, additional violation.
B.
An owner, general agent, lessee or tenant of the building, other
structure or tract of land, or any part thereof, or an architect,
builder, contractor or anyone who commits or assists in any violation
of any of the provisions of this chapter, shall be subject to the
penalties imposed by this section. Each week's continued violation
shall constitute a separate, additional violation and shall be punishable
hereunder.
In addition to the foregoing remedies, the Village of Depew
may institute any appropriate action or proceeding to prevent, correct
or restrain any violation of this chapter.
The Board of Appeals, consisting of five members, as constituted
and empowered under § 7-712 of the New York State Village
Law, on the effective date of this chapter, shall be continued. Vacancies
occurring in such Board shall be filled in accordance with the New
York State Village Law. The Board of Appeals shall have all the powers
and perform all the duties prescribed by statute and by this chapter.
The Board of Appeals shall hear and decide appeals where it
is alleged that there is an error or misrepresentation in any order,
requirement, decision or determination by any administrative official
of the Village of Depew charged with the enforcement of the provisions
of this chapter. The Board of Appeals may reverse, modify or affirm,
in whole or in part, any such appealed order, requirement, decision
or determination appealed from and may make such order, requirement,
decision or determination as in its opinion ought to be made in strictly
applying and interpreting the provisions of this chapter, and for
such purposes shall have all the powers of the officer from whom the
appeal is taken.
On an appeal from an order, requirement, decision or determination
of any administrative official charged with the enforcement of this
chapter, where it is alleged by the appellant that there are practical
difficulties or unnecessary hardship in the way of carrying out the
strict application of any provision of this chapter, the Board of
Appeals may grant a variance from the strict application of such provisions,
provided that the findings of the Board of Appeals are consistent
with the following:
A.
Variances defined. The following define the two types of variances
which the Zoning Board of Appeals has the power to grant and the criteria
which the Zoning Board of Appeals must consider in order to grant
each type of variance:
(1)
"Area variance" shall mean the authorization by the Zoning Board
of Appeals for the use of land in a manner which is not allowed by
the dimensional or physical requirements of the applicable zoning
regulations. In making its determination, the Zoning Board of Appeals
shall take into consideration the benefit to the applicant if the
variance is granted, as weighed against the detriment to the health,
safety and welfare of the neighborhood or community by such grant.
(a)
In making such determination, the Board shall also consider:
[1]
Whether an undesirable change will be produced in the character
of the neighborhood or a detriment to nearby properties will be treated
by the granting of the area variance;
[2]
Whether the benefit sought by the applicant can be achieved
by some method, feasible for the applicant to pursue, other than an
area variance;
[3]
Whether the requested area variance is substantial;
[4]
Whether the proposed area variance will have an adverse effect
or impact on the physical or environmental conditions in the neighborhood
or district; and
[5]
Whether the alleged difficulty was self-created.
(b)
The Board of Appeals, in the granting of area variances, shall
grant the minimum variance that it shall deem necessary and adequate
and at the same time preserve and protect the character of the neighborhood
and the health, safety and welfare of the community.
(2)
"Use variance" shall mean the authorization by the Zoning Board of
Appeals for the use of land for a purpose which is otherwise not allowed
or is prohibited by the applicable zoning regulations. No such use
variance shall be granted by the Board of Appeals without a showing
by the applicant that applicable zoning regulations and restrictions
have caused unnecessary hardship. In order to prove such unnecessary
hardship, the applicant shall demonstrate to the Board of Appeals
that for each and every permitted use under the zoning regulations
for the particular district where the property is located:
(a)
The applicant cannot realize a reasonable return, provided that
lack of return is substantial as demonstrated by competent financial
evidence;
(b)
That the alleged hardship relating to the property in question
is unique and does not apply to a substantial portion of the district
or neighborhood;
(c)
That the requested use variance, if granted, will not alter
the essential character of the neighborhood; and
(d)
That the alleged hardship has not been self-created.
B.
The Board of Appeals, in the granting of the use variances, shall
grant the minimum variance that it shall deem necessary and adequate
to address the unnecessary hardship proven by the applicant, and at
the same time preserve and protect the character of the neighborhood
and the health, safety and welfare of the community.
C.
Imposition of conditions. The Board of Appeals shall, in the granting
of both use variances and area variances, have authority to impose
such reasonable conditions and restrictions as are directly related
to and incidental to the proposed use of the property, or the period
of time such variance shall be in effect. Such conditions shall be
consistent with the spirit and intent of this chapter and shall be
imposed for the purpose of minimizing any adverse impact such variance
may have on a neighborhood or community, public safety secured and
substantial justice done. Such conditions or restrictions shall be
incorporated in the building permit and certificate of zoning compliance.
A.
The Board of Appeals shall hear and decide, in accordance with the
provisions of this chapter, all applications for special permits or
for modifications of provisions of this chapter in all such cases
upon which the Board of Appeals is specifically authorized to pass,
or to make any other determination required by this chapter.
B.
In authorizing any specified special permit or specified modification,
or in making any required determination, all required findings shall
be made, and, in the case of special permits or modifications, the
Board of Appeals may prescribe appropriate conditions to minimize
adverse effects on the character of the surrounding area and to safeguard
the public health, safety, convenience or general welfare.
C.
No special permit or modification of the provisions of this chapter
shall be authorized by the Board of Appeals unless, in addition to
other findings specified in this chapter, it finds that such special
permit or modification:
(1)
Will be in harmony with the general purposes and intent of this chapter.
(2)
Will not tend to depreciate the value of adjacent property.
(3)
Will not create a hazard to health, safety or the general welfare.
(4)
Will not alter the essential character of the neighborhood nor be
detrimental to the residents thereof.
(5)
Will not otherwise be detrimental to the public convenience and welfare.
A.
Temporary structures or uses. The Board of Appeals may authorize
a temporary and revocable permit for not more than two years for uses
or structures that do not conform with the regulations of this chapter
for the district in which they are located, provided that the following
findings are made:
B.
Permitted temporary structures or uses; extension of time limit.
The Board of Appeals may authorize the continuation of temporary structures
or uses incidental to construction work, provided that the following
findings are made:
A.
Rules of conduct and procedure. The Board of Appeals, consistent
with law and ordinance, may adopt rules of conduct and procedure.
B.
Filing appeals. An appeal to the Board of Appeals from any ruling
of any administrative officer charged with the enforcement of this
chapter may be taken by any person aggrieved or by any officer, department,
board or bureau of the Village. Such appeal shall be taken, within
such time as shall be prescribed by the Board of Appeals by general
rule, by filing with the officer from whom the appeal is taken and
with the Board of Appeals a notice of appeal, specifying the ground
thereof. The officer from whom the appeal is taken shall forthwith
transmit to the Board of Appeals all the papers constituting the record
upon which the action appealed from was taken.
C.
Filing applications. An application for any matter upon which the
Board of Appeals is required to hear may be made to the Village Clerk,
along with a filing fee as set by Village Board of Trustees resolution,
by the owner or tenant of the property (or a duly authorized agent)
for which such appeal or application is sought.
D.
Meetings, witnesses and records.
(1)
Meetings of the Board of Appeals shall be held at the call of the
Chairman and held at the Village of Depew Municipal Building. All
meetings shall be open to the public. The Chairman of the Board of
Appeals or, in his/her absence, the Acting Chairman may administer
oaths and compel the attendance of witnesses.
(2)
The Board of Appeals shall keep minutes of its proceedings, showing
the vote of each member upon every question or, if absent or failing
to vote, indicating such fact, and shall keep records of its examination
and other official action. Every rule, regulation, amendment or repeal
thereof and every order, requirement, decision or determination of
the Board of Appeals shall be filed in the office of the Village Clerk
within five days of the decision being rendered and shall be a public
record.
E.
Stay of proceedings. Any appeal to the Board of Appeals shall stay
all proceedings in furtherance of the action appealed from, except
as otherwise provided in § 7-712 of the New York State Village
Law.
F.
Public hearing. The Board of Appeals shall fix a reasonable time
for a hearing of an appeal, applications for special permits or modifications
or regulations, or other matters referred to it, and shall give public
notice thereof in accordance with the provisions of § 7-712
of the New York State Village Law.
G.
Decisions of the Board of Appeals.
(1)
The concurring vote of a majority of the members of the Board of
Appeals shall be necessary to reverse any order, requirement, decision
or determination appealed from, to decide in favor of the applicant
any matter upon which it is required to pass under this chapter, or
to effect any variation in this chapter.
(2)
Every decision of the Board of Appeals shall be by resolution. Where
findings are required, the decision shall set forth each required
finding, supported by substantial evidence or other data considered
by the Board of Appeals in each specific case, or, in the case of
denial, the decision shall include the findings which are not satisfied.
Any variance, special permit or modification of regulations
authorized by the Board of Appeals shall be automatically revoked
unless a building permit conforming to all the conditions and requirements
established by the Board of Appeals is obtained within six months
of the date of approval by the Board of Appeals and construction is
commenced within one year of such date of approval.
Failure to comply with any condition or restriction prescribed
by the Board of Appeals in approving any appeal for a variance, application
for a special permit or a modification of regulations shall constitute
a violation. Such violation may constitute the basis for revocation
of a variance, special permit or modification, or for imposing penalties
and other applicable remedies.
There shall be no rehearing of an appeal or application by the
Board of Appeals, except in accordance with § 7-712 of the
New York State Village Law.
A.
Purpose. The zoning districts established in this chapter (as set
forth in the district regulations and on the zoning maps) are designed
to guide the future use of the Village's land resources by encouraging
the development and maintenance of desirable, residential, commercial,
and manufacturing areas with appropriate groupings of compatible and
related uses and thus to promote and to protect public health, safety
and general welfare. As a necessary corollary, in order to carry out
such purposes, nonconforming uses and structures which adversely affect
the development of such areas must be subject to certain limitations.
B.
The regulations governing nonconforming uses set forth in this chapter
are therefore adopted in order to provide a gradual remedy for existing
undesirable conditions resulting from such incompatible nonconforming
uses which are detrimental to the achievement of such purposes. While
such uses are generally permitted to continue, these regulations are
designed to restrict further investment in such uses and promoting
the creation of permanent establishments in inappropriate zoning use
districts.
C.
In the case of buildings not complying with the bulk regulations
of this chapter, the regulations governing noncomplying buildings
set forth in this chapter are adopted in order to permit the appropriate
use of such buildings but to prevent the creation of additional noncompliance
or increases in the degree of existing noncompliance, except as specifically
authorized.
A.
A use which was lawfully established prior to the adoption of this
chapter and made lawfully nonconforming may continue subject to the
restrictions of this chapter. Any amortization periods established
for the removal of nonconforming signs found elsewhere in this chapter
shall supersede the provisions of this chapter.
B.
Nothing in this chapter shall be deemed to authorize any use or structure
which was not lawfully established and conforming under the laws of
the Village of Depew as they existed at the time the use began or
the structure was constructed or altered, nor in any manner limit
the power of the Village of Depew to take any action to abate or remove
such use or structure, or prosecute violations of the laws of the
Village of Depew created by said uses or structures.
C.
Nonconformity as to lot size, open space, height or building size
regulations. Any building, other structure or use of land which is
made nonconforming by any lot size, open space, height or building
size regulations of this chapter, or by any subsequent amendments
thereto, may be continued, except as hereinafter provided.
A.
A nonconforming use may be changed to any other use permitted in
the district in which such existing nonconforming use is first permitted.
Any additional restrictions or requirements which apply to the changed
use shall be complied with before such change in use can be allowed.
Once a nonconforming use is changed to a conforming use or to a more
restricted use, such use shall thereafter not revert to a less restricted
use. The regulations of the district in which the use is first permitted
shall be complied with and shall apply to the property for enforcement
purposes.
B.
Any increase in the intensity of a nonconforming use shall be prohibited.
Increases in intensity include and are not limited to:
Nonconforming uses or buildings shall not be enlarged or extended,
except the following:
A.
One- and two-family dwellings and their customary accessory uses
made lawful nonconforming at the adoption of this chapter may be enlarged
or extended, providing such enlargements or extensions meet the minimum
yard requirements as specified in the dimensional standards table
for the R-2 Zoning District.
B.
Existing manufactured homes may be relocated and/or replaced subject
to the following location limitations.
(1)
All replacement or relocated manufactured homes must be a minimum
of 20 feet from another manufactured home and 10 feet from any accessory
structure.
(2)
All replacement or relocated manufactured homes must be a minimum
of 20 feet from any road right-of-way or any edge of a private street.
(3)
All such relocated and/or replacement manufactured homes shall be
within an existing manufactured home community and front on an existing
improved street.
A.
Nothing herein shall be deemed to prevent normal maintenance of a
building or other structure containing a nonconforming use, including
nonstructural repairs and incidental alterations not extending the
nonconforming use.
B.
No structural alteration shall be made in a building or other structure
containing a nonconforming use except:
Such nonconforming building or other structure which has been
damaged or destroyed by any means to the extent of 75% or more of
its equalized assessed value as determined by the Assessor of the
Town of Cheektowaga or the Town of Lancaster, as may be applicable,
or which has been ordered to be demolished or removed by the Village
Board of Trustees by resolution shall not be rebuilt nor repaired
except in conformance with the regulations of this chapter. In the
case of a permitted restoration of a nonconforming use, neither the
floor area nor the cubical content shall be increased from the original
nonconforming building or other structure.
A.
In any district, whenever a nonconforming use of land, building or
other structure, or any part or portion thereof, has been discontinued
for a period of one year, such nonconforming use shall not thereafter
be reestablished, and all future use shall be in conformity with the
provisions of this chapter. Such discontinuance of the active and
continuous operation of such nonconforming use, or a part or portion
thereof, for such period of one year is hereby construed and considered
to be an abandonment of such nonconforming use, regardless of any
reservation of an intent not to abandon same or of an intent to resume
active operations.
B.
If actual abandonment in fact is evidenced by the removal of buildings,
other structures, machinery, equipment or other evidences of such
nonconforming use of the land and premises, the abandonment shall
be construed and considered to be completed within a period of less
than one year, and all rights to reestablish or continue such nonconforming
use shall thereupon terminate.
A.
The Village Board of Trustees may from time to time on its own motion,
on a recommendation by the Zoning Board of Appeals or the Planning
Board or on petition from the property owner or owners, after proper
public notice and public hearing, amend, supplement or repeal the
regulations, provisions or boundaries of this chapter as provided
by New York State Village Law.
B.
In addition to publication of notice of a zoning change in a newspaper
as required by § 7-708 of the New York State Village Law,
all owners of land either of the area included in such proposed change
or of that immediately adjacent extending 300 feet therefrom, or of
that directly opposite thereto extending 300 feet from the street
frontage of such opposite land, shall be notified by registered mail
at least five days prior to the date of public hearing on the proposed
zoning change.
A.
In the case of a proposed amendment which involves the reclassification
or transfer of 1/2 acre or more from any use to a less restricted
use, the Village Board of Trustees shall require the petitioner to
submit a development or site plan showing the extent, location and
character of proposed structures and uses. The Village Board of Trustees
may require that such plan be modified to ensure its compatibility
with adjacent areas and may qualify its approval of such amendment
by attaching a special endorsement thereto. Any future additions to
the development or site plan area must be resubmitted to the Village
Board of Trustees to determine that the addition is substantially
in agreement with the intent of the original amendment. Nonconformity
in architectural design with the original development may be considered
a reasonable basis for refusal to issue a building permit for such
an addition.
B.
No building permit shall be issued for construction within the area
described by said provisional amendment, except in accordance with
the approved development or site plan and with all conditions and
limitations placed thereon by the Village Board of Trustees or in
accordance with the zoning regulations applicable prior to said reclassification
action. Unless application for a building permit for such property
rezoned or granted special permit is made within a period of one year
after the Village Board of Trustees' approval, said approval shall
be void and the zoning classification shall be as it was when the
petition for amendment was filed.
A.
Filing of petition. A petition to amend, change or supplement the
text of this chapter or any zoning district as designated on the Zoning
Map established herein shall be filed with the Village Clerk, along
with a filing fee as set by Village Board of Trustee resolution, on
forms obtained from his/her office and shall be transmitted by the
Clerk to the Village Board of Trustees.
B.
Referral to Planning Board. Each proposed amendment, except those
initiated by the Village Planning Board, shall be referred to the
Village Planning Board for an advisory report prior to the public
hearing on said zoning change. In reporting, the Village Planning
Board shall fully state its reasons for recommending or opposing the
adoption of such proposed amendment and, if it shall recommend adoption,
shall describe any changes in conditions which it believes make the
amendment desirable and shall state whether such amendment is in harmony
with a Comprehensive Plan for land use in the Village.
C.
Rehearing on petition. The disposition of a petition for amendment
by the Village Board of Trustees shall be final, and disapproval or
denial of the proposed amendment shall void the petition. No new petition
for an amendment which has been previously denied by the Village Board
of Trustees shall be considered by it, and no public hearing shall
be held on such amendment, within a period of one year from the date
of such previous denial, unless the Planning Board shall find that
there have been substantial changes in the situation which would merit
a rehearing and shall state the same, in writing, to the Village Clerk
before he/she accepts a reapplication on this petition.
Map changes resulting from official action by the Village Board
of Trustees shall be referred to the Village Clerk or his/her designee,
who shall be responsible for keeping the Official Zoning Map up-to-date.
