Village of Depew, NY
Erie County
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Table of Contents
Table of Contents
[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.
260a Zoning Map
[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Editor's Note: This local law also superseded former Ch. 260, Zoning, adopted 6-10-1975 by L.L. No. 5-1975, as amended.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.
C. 
Prohibited uses. Any use not specifically listed as a permitted use is prohibited in the Village of Depew. Uses which are similar to a use which is listed as permitted shall be determined by the Zoning Board of Appeals pursuant to § 260-21 of this chapter.
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:
ACCESSORY STRUCTURE
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.
ACCESSORY USE
A use which is incidental and subordinate to the principal use of the property, located on the same lot therewith.
ADULT CARE FACILITY
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.
AMUSEMENT, PRIVATE RECREATION FACILITY
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, DOMESTIC
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.
AUXILIARY HOUSING UNIT
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.
AWNING
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.
BASEMENT
That portion of a building that is partly or completely below grade.
BIOSWALE or RAIN GARDEN
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.
BUILDABLE AREA
That portion of the lot remaining after required yards have been provided.
BUILDING
Any improvement having a roof supported by columns or walls for the housing or enclosure of persons, a business, animals or chattels; mobile home.
BUILDING AREA
The maximum horizontal projected area measured from the exterior of the walls of the building.
BUILDING COVERAGE
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.
BUILDING HEIGHT
See § 260-16.
BUILDING LENGTH
The horizontal length of the wall of a building.
BUILDING SEPARATION
The narrowest allowable distance between two buildings.
BUILDING SETBACK LINE (or FRONT SETBACK)
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.
BUSINESS SERVICE ESTABLISHMENT
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.
BULK STORAGE
The storage of chemicals, petroleum products or hazardous materials in aboveground or below-ground storage containers designed for distribution or mass consumption.
CABARET OR THEATER, SEXUALLY ORIENTED
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.
CALL CENTER
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.
CLEAR SIGHT TRIANGLE
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.)
CLUB (PRIVATE)
A non-for-profit organization, not including a fraternity or sorority house, whose premises are restricted to its members and their guests.
CODE ENFORCEMENT OFFICER (CEO)
The Village of Depew Code Enforcement Officer as established by Chapter 14 of the Code of the Village of Depew.
COLLISION SHOP
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 RECREATION ACTIVITIES, OUTDOOR
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.
COMPLETED APPLICATION
An application that contains all information and/or data necessary to enable an informed decision to be made with respect to an application.
COMPREHENSIVE PLAN
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.
CONFERENCE CENTER
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.
CONTRACTING OR CONSTRUCTION SERVICE
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.
COURT, INNER
An unroofed, open space enclosed by four walls.
COURT, OUTER
An unroofed, open space enclosed by three walls and with one side open to a yard.
DAY-CARE CENTER
A place for the care of three or more persons for less than 24 hours a day, away from their homes.
DBH
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.
DEVELOPMENT AREA
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.
DISPLAY PUBLICLY
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.
DORMITORY
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.
DWELLING
A building or portion of a building designed or occupied exclusively for residential and permitted accessory uses, not including a mobile home or trailer.
DWELLING, MULTIFAMILY
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.
DWELLING UNIT
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.
ENCOUNTER CENTER, SEXUALLY ORIENTED
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.
ENTERTAINER, SEXUALLY ORIENTED
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.
ENTERTAINMENT, SEXUALLY ORIENTED
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.
FAMILY
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.
FENCE
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.
FLOOR AREA
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.
FLOOR AREA, GROSS PUBLIC
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.
FOOTCANDLE
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.
GARAGE, PRIVATE
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.
GARAGE, STORAGE
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.
GARAGE, REPAIR
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."
GROUP DEVELOPMENT
Two or more structures containing attached residential units or nonresidential structures, or a combination thereof. Structures need not be on individual lots.
GROUND-FLOOR AREA
The maximum horizontal area of a building at the ground level, excluding open porches, terraces and steps and attached or built-in garage areas.
HEIGHT
See "building height."
HOME OFFICE
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.
HOSPICE
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.
INTERIOR LANDSCAPED AREA
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).
INTERMEDIATE CARE FACILITY
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.
JUNKYARD/SALVAGE YARD
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.
KENNEL
Any premises on which three or more dogs more than four months old are kept.
LARGE DECIDUOUS TREE
See "tree, large deciduous."
LARGE-SCALE RESIDENTIAL DEVELOPMENT
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.
LINGERIE MODELING STUDIO
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.
LIVESTOCK
Any animals raised for food or product. In addition, they include the following, regardless of purpose:
A. 
All animals with hooves, either single or split;
B. 
All members of the ovine (sheep), bovine (cows and cattle), caprine (goats), equine (horses and ponies), and swine (pigs and hogs) families;
C. 
Emus, rheas, and ostriches; and
D. 
All poultry (chickens, roosters, turkeys, ducks, geese and the like).
LOT
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.
LOT AREA
The horizontal land area within lot lines.
LOT LINE
Any boundary line of a lot.
LOT MEASUREMENTS
See Article III of this chapter.
LOT OF RECORD
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."
A. 
— A 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°.
B. 
— A lot other than a corner lot.
C. 
— An interior lot which has frontage on more than one street.
260 Lot Types.tif
LOT WIDTH
The horizontal distance of a lot measured along the building line at right angles to the mean lot depth line.
260 Lot Width.tif
MANUFACTURED HOME
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.
MANUFACTURED HOME PARK OR SUBDIVISION
A parcel or contiguous parcels of land divided into two or more manufactured home lots for rent or sale.
MASSAGE
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).
MASSAGE PARLOR
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.
MEDIA
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.
MEDIA, SEXUALLY EXPLICIT
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).
MEDIA STORE, SEXUALLY ORIENTED
A retail sales and services establishment that rents and/or sells media, and that meets any of the following three tests:
A. 
More than 30% of the gross public floor area is devoted to sexually oriented media; or
B. 
More than 30% of the stock-in-trade consists of sexually oriented media; or
C. 
It is advertised, marketed, or holds itself out in any form as "XXX," "adult," "sex" or otherwise as a sexually-oriented business.
MEDIA STORE WITH SOME SEXUALLY ORIENTED MEDIA
A retail sales and services establishment that rents and/or sells media, and that meets either of the following two tests:
A. 
More than 10% but no more than 30% of the gross public floor area is devoted to sexually oriented media; or
B. 
More than 10% but no more than 30% of the stock-in-trade consists of sexually oriented media.
MINOR UTILITIES
See "utilities, minor."
MIXED USE
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.
MOBILE HOME
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.
MODELING STUDIO, SEXUALLY ORIENTED
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.
MOTION PICTURE OR VIDEO ARCADE, SEXUALLY ORIENTED
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.
MOTION PICTURE THEATER, SEXUALLY ORIENTED
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."
NONCONFORMING USE, STRUCTURE OR LOT OF RECORD
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.
NUDITY or STATE OF NUDITY
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."
NURSING HOME
A building used for the accommodation and care of persons with, or recuperating from, illness or incapacity, where nursing services are provided.
OCCUPIABLE SPACE
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.
OFFICE
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.
OPEN SPACE
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.
OPEN SPACE, COMMON
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.
ORNAMENTAL TREE
See "tree, ornamental."
OUTDOOR RECREATION (COMMON)
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.
OUTPARCEL
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.
OWNER
As used in this chapter, shall include, in addition to its usual meaning, tenant, lessee, occupant or other user.
OVERLAY DISTRICT
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.
PARKING AREA
An area used primarily for parking, circulation and storage of vehicles, including but not limited to parking lots and driveways.
PATIO HOME
A single-family detached dwelling unit placed on a small lot with a rear yard that may be enclosed by a wall.
PETITIONER
An applicant.
PLACES OF ASSEMBLY
Any space devoted to gathering together persons for amusement, athletic, civic, dining, educational, entertainment, patriotic, political, recreational, religious, social or similar purposes.
PLANNING BOARD
The Village of Depew Planning Board
PLANT NURSERY
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.
PORCH, OPEN
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.
PUBLIC UTILITY SERVICE STRUCTURE OR FACILITY
A building or fenced-in area containing equipment used by a public utility to provide and distribute its services.
PUBLIC WORKS CONSTRUCTION YARD
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.
RELIGIOUS INSTITUTION
A place of assembly used primarily as a church, synagogue, temple, mosque or other place of religious worship.
RESEARCH DEVELOPMENT FACILITY
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.
RESIDENT PROFESSIONAL OCCUPATIONS
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.
RESIDENTIAL CARE FOR ADULTS
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.
SADOMASOCHISTIC PRACTICES
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.
SCREENING
A method of reducing the visual impact of one abutting use or structure from another by landscaping, walls, berms, or other appropriate means.
SEMINUDE or IN A SEMINUDE CONDITION
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.
SENIOR CITIZEN HOUSING
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.
A. 
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.
B. 
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:
(1) 
Servicing of automobiles, noncommercial trucks, motorcycles, recreational vehicles, or boats, spark plugs, batteries and distributors and distributor parts;
(2) 
Tire servicing and repair, but not recapping or regrooving;
(3) 
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;
(4) 
Radiator cleaning and flushing;
(5) 
Washing and polishing, and the sale of automotive washing and polishing materials;
(6) 
Greasing and lubrication;
(7) 
Providing and repairing of pumps and lines;
(8) 
Minor servicing and repair of carburetors;
(9) 
Wiring repairs;
(10) 
Adjusting and repairing brakes;
(11) 
Minor motor adjustments;
(12) 
Vehicle inspection.
C. 
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.
SEX SHOP
A retail sales and services establishment that meets any of the following tests:
A. 
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
B. 
More than 5% of its stock-in-trade consists of sexually oriented toys or novelties; or
C. 
More than 5% of its gross public floor area is devoted to the display of sexually oriented toys or novelties.
SEXUAL CONTACT
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.
SEXUALLY ORIENTED BUSINESS
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.
SEXUALLY ORIENTED TOYS OR NOVELTIES
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.
SHARED PARKING STUDY
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.
SHOPPING CENTER
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.
SIGHT TRIANGLE, CLEAR
See "clear sight triangle."
SIGN
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.
SMALL TREE, DECIDUOUS
See "tree, small deciduous."
SPECIAL USE PERMIT
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.
SPECIFIED ANATOMICAL AREAS
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.
STATE ENVIRONMENTAL QUALITY REVIEW ACT (SEQRA)
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.
STORY
The portion of a building between the surface of a floor and the next floor above or the ceilings next above under a roof.
STREET
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.
A. 
— A 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.
B. 
— A 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.
C. 
— A 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.
D. 
— A 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.
E. 
— A 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.
F. 
— A 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.
STREET GRADE
The slope of the street as measured between two points.
STREET LINE
The right-of-way line abutting a public street or edge of pavement abutting a private street.
STRUCTURE
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.
TELECOMMUNICATIONS FACILITIES
See § 260-38.
TRADITIONAL NEIGHBORHOOD COMMERCIAL CORRIDOR
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.
TREE, LARGE DECIDUOUS
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.
TREE, SMALL DECIDUOUS
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.
TREE, ORNAMENTAL
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.
UNIFIED DEVELOPMENT
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.
UPPER-STORY DWELLING UNIT
A residential dwelling unit located above a nonresidential use.
UTILITY, MINOR
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.
VEHICLE SALES, RENTAL AND LEASING
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.
VEHICLE USE AREA
An area used primarily for parking, circulation and storage of vehicles, including, but not limited to, parking lots, loading areas, stacking spaces and driveways.
VILLAGE BOARD
The Village of Depew Board of Trustees.
YARD
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.
YARD, EXTERIOR SIDE
A side yard located immediately adjacent to a public street right-of-way line or the edge of pavement of a private street.
YARD, FRONT
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.
YARD, REAR
The yard extending from the rear wall of the structure to the rear lot line across the full width of the structure.
YARD, REQUIRED
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.
YARD, SIDE
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.
ZERO LOT LINE HOME
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.
ZONING BOARD OF APPEALS (ZBA)
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.
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:
[1] 
The portable storage unit or dumpster does not obstruct the public walk.
[2] 
The storage unit or dumpster is entirely on the residential driveway and five feet from any neighboring structure.
(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.
(l) 
Swimming pools. (See § 260-31L for standards.)
(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.
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.
260-14B(4)[2] Back to Back.tif
Required Exterior Side Yard — Back-to-Back
(rear property line to rear property line)
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.
260-15 Clear Sight Tri.tif
Clear Sight Triangle
A. 
The measured building height refers to the vertical distance from the finished grade line to:
(1) 
The highest point of the coping of a flat roof; or
(2) 
The mean height of a gable, shed, hip or gambrel roof; or
(3) 
The highest point of the roof and parapets of a mansard roof.
260-16A Roof.tif
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  Checkmark.tif 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  Checkmark.tif 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.
 
R-1
Permitted
Special Use
Standards
RESIDENTIAL USES
Single-family detached
 Checkmark.tif
Large-scale residential development
 Checkmark.tif
§§ 260-31, 260-48
PUBLIC AND CIVIC USES
Minor utilities
 Checkmark.tif
Park or open space
 Checkmark.tif
Golf course, public swimming pool
 Checkmark.tif
Place of worship
 Checkmark.tif
Public utility service structure or facility (not including telecommunications facilities)
 Checkmark.tif
Special use by ZBA
COMMERCIAL USES
Community buildings, social halls, private clubs, lodges and fraternal organizations
 Checkmark.tif
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
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
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
Utility trailer or recreational vehicle
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.
R-1 General Development Standards
Off-street parking, loading and stacking
Landscaping, buffers and screening
Site lighting
Fences
Sign regulations
§ 260-37
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
 Checkmark.tif
Multifamily
 Checkmark.tif
§§ 260-31, 260-48
Large-scale residential development
 Checkmark.tif
§§ 260-31, 260-48
PUBLIC AND CIVIC USES
Minor utilities
 Checkmark.tif
Park or open space
 Checkmark.tif
Golf course, public swimming pool
 Checkmark.tif
Place of worship
 Checkmark.tif
Public utility service structure or facility
 Checkmark.tif
Special permit by ZBA
COMMERCIAL USES
Community buildings, social halls, clubs, lodges and fraternal organizations
 Checkmark.tif
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
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
Utility trailer or recreational vehicle
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.
R-2 General Development Standards
Off-street parking, loading and stacking
Landscaping, buffers and screening
Site lighting
Fences and walls
Sign regulations
§ 260-37
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
 Checkmark.tif
PUBLIC AND CIVIC USES
Ambulance service
 Checkmark.tif
Minor utilities
 Checkmark.tif
Place of worship
 Checkmark.tif
Public utility service structure or facility
 Checkmark.tif
Public works construction yard
 Checkmark.tif
Telecommunications facility
 Checkmark.tif
§ 260-38
COMMERCIAL
Advertising agency
 Checkmark.tif
Animal grooming, cat boarding facility, hospital or veterinarian
 Checkmark.tif
Antiques and secondhand merchandise store
 Checkmark.tif
Apparel and accessories store
 Checkmark.tif
Apparel repair and alterations and shoe repair shop
 Checkmark.tif
Bakery or confectionary shop (retail)
 Checkmark.tif
Bank
 Checkmark.tif
Beauty or barber shop
 Checkmark.tif
Beverage container redemption store
 Checkmark.tif
Book and stationery store
 Checkmark.tif
Day-care center, nursery or other private school
 Checkmark.tif
Department store
 Checkmark.tif
Drug store
 Checkmark.tif
Employment agency
 Checkmark.tif
Food store/convenience store
 Checkmark.tif
Funeral home
 Checkmark.tif
Gymnasium or health club
 Checkmark.tif
Hardware store
 Checkmark.tif
Jewelry store
 Checkmark.tif
Job printing or photography store
 Checkmark.tif
Laundromat, cleaning and dyeing outlets and pickup
 Checkmark.tif
Liquor store
 Checkmark.tif
Massage therapy/reflexology (licensed by NYS)
 Checkmark.tif
Office
 Checkmark.tif
Photography studio
 Checkmark.tif
Printing and photocopying store
 Checkmark.tif
Postal store or post office
 Checkmark.tif
Recording studio
 Checkmark.tif
Restaurant without drive-through or outdoor dining
 Checkmark.tif
Sporting goods and bicycle store
 Checkmark.tif
Tattoo parlor/body art studio
 Checkmark.tif
Variety store
 Checkmark.tif
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-1 Permitted Accessory Uses and Structures
Standards
Landscaping
§ 260-35
Off-street parking, loading, and stacking
§ 260-34
Signs
§ 260-37
Other uses and structures customarily incidental to the principal use
C. 
General development standards. Development in the C-1 District shall also comply with the requirements referenced in the table below.
C-1 General Development Standards
Off-street parking, loading and stacking
§ 260-34
Landscaping, buffers and screening
§ 260-35
Site lighting
§ 260-36
Fences and walls
Sign regulations
§ 260-37
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
 Checkmark.tif
PUBLIC AND CIVIC USES
Ambulance service
 Checkmark.tif
Minor utilities
 Checkmark.tif
Place of worship
 Checkmark.tif
Public utility service structure or facility
 Checkmark.tif
Public works construction yard
 Checkmark.tif
Telecommunications facility
 Checkmark.tif
§ 260-38
COMMERCIAL
Advertising agency
 Checkmark.tif
Amusement/private recreation facility (indoor)
 Checkmark.tif
Amusement/private recreation facility (outdoor)
 Checkmark.tif
Animal grooming, cat boarding facility, hospital or veterinarian
 Checkmark.tif
§ 260-33
Antiques and secondhand merchandise store
 Checkmark.tif
Apparel and accessories store
 Checkmark.tif
Apparel repair and alterations and shoe repair shop
 Checkmark.tif
Bakery or confectionary shop (retail)
 Checkmark.tif
Bank
 Checkmark.tif
Beauty or barber shop
 Checkmark.tif
Beverage container redemption store
 Checkmark.tif
§ 260-33
Book and stationery store
 Checkmark.tif
Day-care center, nursery or other private school
 Checkmark.tif
Department store
 Checkmark.tif
Drug store
 Checkmark.tif
Equipment/tool rental/sales (without exterior display/storage)
 Checkmark.tif
Equipment/tool/rental/sales (with exterior display/storage)
 Checkmark.tif
Employment agency
 Checkmark.tif
Food store/convenience store
 Checkmark.tif
Funeral home
 Checkmark.tif
Gymnasium or health club
 Checkmark.tif
Hardware store
 Checkmark.tif
Hotel/motel
 Checkmark.tif
Jewelry store
 Checkmark.tif
Job printing or photography store
 Checkmark.tif
Laundromat, cleaning and dyeing outlets and pickup
 Checkmark.tif
Liquor store
 Checkmark.tif
Massage therapy/reflexology (licensed by NYS)
 Checkmark.tif
Office
 Checkmark.tif
Photography studio
 Checkmark.tif
Printing and photocopying store
 Checkmark.tif
Postal store or post office
 Checkmark.tif
Recording studio
 Checkmark.tif
Restaurant without drive-through
 Checkmark.tif
Restaurant with drive-through
 Checkmark.tif
§ 260-33
Restaurant with exterior dining
 Checkmark.tif
§ 260-33
Restaurant with exterior entertainment
 Checkmark.tif
Sporting goods and bicycle store
 Checkmark.tif
Tattoo parlor/body art studio
 Checkmark.tif
Variety store
 Checkmark.tif
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-2 Permitted Accessory Uses and Structures
Standards
Landscaping
§ 260-35
Off-street parking, loading and stacking
§ 260-34
Signs
§ 260-37
Other uses and structures customarily incidental to the principal use
C. 
General development standards. Development in the C-2 District shall also comply with the requirements referenced in the table below.
C-1 General Development Standards
Off-street parking, loading and stacking
§ 260-34
Landscaping, buffers and screening
§ 260-35
Site lighting
§ 260-36
Fences and walls
Sign regulations
§ 260-37
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
 Checkmark.tif
Minor utilities
 Checkmark.tif
Public utility service structure or facility
 Checkmark.tif
Public works construction yard
 Checkmark.tif
Telecommunications facility
 Checkmark.tif
§ 260-38
COMMERCIAL
Car wash/car detailing
 Checkmark.tif
§ 260-33
Collision shop
 Checkmark.tif
§ 260-33
Private parking facilities
 Checkmark.tif
Service station and convenience store
 Checkmark.tif
§ 260-33
Bus, taxi, livery services
 Checkmark.tif
Vehicle sales, rental and leasing
 Checkmark.tif
§ 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
 Checkmark.tif
Public utility service structure or facility
 Checkmark.tif
Public works construction yard
 Checkmark.tif
Telecommunications facility
 Checkmark.tif
§ 260-38
COMMERCIAL
Building materials sales and service
 Checkmark.tif
Contracting or construction yards
 Checkmark.tif
Electrical and household appliance repair service
 Checkmark.tif
Job and newspaper printing
 Checkmark.tif
Laundering, dry cleaning, and dyeing services
 Checkmark.tif
Medical laboratory testing service
 Checkmark.tif
Office
 Checkmark.tif
Training school such as technical, trade, vocational and business
 Checkmark.tif
Truck terminal
INDUSTRIAL
Blending, mixing and packaging of:
Detergents, disinfectants, fungicides, ink, insecticides, soap and related household and industrial chemical compounds
 Checkmark.tif
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
 Checkmark.tif
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
 Checkmark.tif
Job and newspaper printing
 Checkmark.tif
Metalwork, manufacture of concrete, wood and other solid products
 Checkmark.tif
Research development facility
 Checkmark.tif
Warehousing and storage service
 Checkmark.tif
Wholesale distribution facility
 Checkmark.tif
(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.
M-1 General Development Standards
Off-street parking, loading and stacking
§ 260-34
Landscaping, buffers and screening
§ 260-35
Site lighting
§ 260-36
Fences and walls
Sign regulations
§ 260-37
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
 Checkmark.tif
Public utility service structure or facility
 Checkmark.tif
Public works construction yard
 Checkmark.tif
Telecommunications facility
 Checkmark.tif
§ 260-38
COMMERCIAL
Adult uses
 Checkmark.tif
§ 260-33
Building materials sales and service
 Checkmark.tif
Contracting or construction yards
 Checkmark.tif
§ 260-33
Electrical and household appliance repair service
 Checkmark.tif
Job and newspaper printing
 Checkmark.tif
Laundering, dry cleaning, and dyeing services
 Checkmark.tif
Medical laboratory testing service
 Checkmark.tif
Office
 Checkmark.tif
Training school such as technical, trade, vocational and business
 Checkmark.tif
Truck terminal
 Checkmark.tif
INDUSTRIAL
Blending, mixing and packaging of:
Detergents, disinfectants, fungicides, ink, insecticides, soap and related household and industrial chemical compounds
 Checkmark.tif
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
 Checkmark.tif
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
 Checkmark.tif
Job and newspaper printing
 Checkmark.tif
Junk yard/salvage yard
 Checkmark.tif
Metalwork, manufacture of concrete, wood and other solid products
 Checkmark.tif
Bulk storage of petroleum/chemical products
 Checkmark.tif
Research development facility
 Checkmark.tif
Recycling facility for paper, plastic or glass
 Checkmark.tif
Warehousing and storage service
 Checkmark.tif
Waste handling/solid waste transfer station (not including medical waste or hazardous waste)
 Checkmark.tif
Wholesale distribution facility
 Checkmark.tif
(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.
M-2 Permitted Accessory Uses and Structures
Standards
Landscaping
§ 260-35
Off-street parking, loading and stacking
§ 260-34
Signs
§ 260-37
Other uses and structures customarily incidental to the principal use
C. 
General development standards. Development in the M-2 District shall also comply with the requirements referenced in the table below.
M-2 General Development Standards
Off-street parking, loading and stacking
§ 260-34
Landscaping, buffers and screening
§ 260-35
Site lighting
§ 260-36
Fences and walls
Sign regulations
§ 260-37
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
 Checkmark.tif
Park or open space
 Checkmark.tif
Golf course recreation fields
 Checkmark.tif
Public utility service structure or facility
 Checkmark.tif
Telecommunications facility
 Checkmark.tif
COMMERCIAL USES
Plant nursery
 Checkmark.tif
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.
L-C
General Development Standards
Off-street parking, loading and stacking
§ 260-34
Landscaping, buffers and screening
§ 260-35
Site lighting
§ 260-36
Fences and walls
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.
260-31B Typical Patio Home.tif
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.
260-31D Sidewalk.tif
(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.
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.
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.
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:
(1) 
Such exterior lighting does create offensive glare to adjacent residential users.
(2) 
Such lighting is limited in its duration of use by motion-activated sensors.
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.
(1) 
Buildings shall be arranged so that car wash bays do not face public vantage points (as viewed from a main public road).
(2) 
Vacuums and similar ancillary equipment shall be 75 feet from any residentially zoned property or existing residential use.
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.
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.)
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.
(3) 
Filling of vacant lands shall not occur without an approved site plan pursuant to § 260-48 of this chapter.
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.
[1]:
Editor's Note: See Ch. 231, Used Car Dealers.
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.
(a) 
All fuel pumps and pump islands shall be at least 10 feet from any building.
(b) 
All fuel pumps, pump islands and canopies shall be at least 20 feet from any lot line.
(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:
(a) 
For a single-story, single-tenant building: 90% of gross floor area.
(b) 
For a multistory, single-tenant building: 80% of gross floor area.
(c) 
For a single-story, multiple-tenant building: 85% of gross floor area.
(d) 
For a multistory, multiple-tenant building: 75% of gross floor area.
(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
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).
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.
260-37D Address Sign.tif
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.
260-37D Construction Sign.tif
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.
260-37D Fuel Pump Sign.tif
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.
260-37D Under Canopy Hang Sign.tif
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.
260-37D Res Prof Occ Sign.tif
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.
260-37D Incidental Sign.tif
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.
260-37D Menu Board Sign.tif
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.
260-37D Political Sign.tif
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.
260-37D Real Estate Sign.tif
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.
260-37D Window Sign.tif
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
260-37D Awning Sign.tif
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.
260-37D Fascia Sign.tif
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.
260-37D Marquee Sign.tif
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.
260-37D Projecting Sign.tif
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.
260-37D Channel Letter Wall Sign.tif
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.
260-37D Painted Wall Sign.tif
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.
260-37D Ground Sign.tif
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.
260-37D Ground Sign with LED Message.tif
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.
260-37D Pole Sign with LED Message.tif
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.
260-37D Pylon Sign.tif
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:
260-37D Pole Sign.tif
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.
260-37D Pole Sign with LED Message.tif
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.
260-37D Sub Multi Dev Identification Sign.tif
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
260-37D Directory Sign1.tif
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.
260-37D Directory Sign2.tif
(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.
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.
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.
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
 Checkmark.tif
 Checkmark.tif
 Checkmark.tif
Construction sign
 Checkmark.tif
 Checkmark.tif
 Checkmark.tif
Incidental sign
 Checkmark.tif
 Checkmark.tif
Fuel pump sign
 Checkmark.tif
 Checkmark.tif
Political sign
 Checkmark.tif
 Checkmark.tif
 Checkmark.tif
Real estate sign
 Checkmark.tif
 Checkmark.tif
 Checkmark.tif
Window sign
 Checkmark.tif
 Checkmark.tif
Signs Requiring A Permit
Building Signs
Awning sign
 Checkmark.tif
 Checkmark.tif
Fascia sign
 Checkmark.tif
 Checkmark.tif
Hanging sign
 Checkmark.tif
 Checkmark.tif
Marquee sign
 Checkmark.tif
 Checkmark.tif
Projecting sign
 Checkmark.tif
 Checkmark.tif
Wall sign
 Checkmark.tif
 Checkmark.tif
Freestanding Signs
Ground sign
 Checkmark.tif
 Checkmark.tif
Message center sign
 Checkmark.tif
Pole sign/pylon
 Checkmark.tif
Subdivision identification sign
 Checkmark.tif
Miscellaneous Signs
Directory sign
 Checkmark.tif
 Checkmark.tif
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:
(1) 
That such use is of a temporary nature and does not involve the erection or enlargement of any permanent structure.
(2) 
In case of a renewal of such permit, that all conditions and safeguards previously required have been complied with.
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:
(1) 
That the nature and scale of the construction is such as to require a longer period of time for completion.
(2) 
That such construction has been diligently prosecuted or that any delays have been unavoidable.
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:
(1) 
Increases in capacity for areas for assembly; and
(2) 
Increases in the floor area of a nonconforming use; and
(3) 
Increases in exterior areas devoted to nonconforming uses.
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.
C. 
The residential use standards found in § 260-22 shall also apply to nonconforming dwellings and manufactured homes.
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:
(1) 
When required by law.
(2) 
To restore to a safe condition any building or structure declared unsafe by the Code Enforcement Officer.
(3) 
To accomplish permitted enlargements.
(4) 
To accomplish a change to a conforming use or to a permitted use in a more restricted district.
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.