[Added 10-1-2008 by L.L.
No. 5-2008]
The Major Commercial (C-3) District is intended to provide a
commercial zoning district for larger, commercial uses along major
transportation corridors. The district should enhance the overall
image of the Town and create destinations through aesthetics, site
layout, access management, and residential buffering.
A.
No person, firm, or corporation, not already using buildings for
business purposes, shall use any existing buildings or lands for any
use, other than for normal farming purposes, without first procuring
a permit for such use from the Town Board of the Town of Elma, which
said permit shall only be issued after a hearing before the Town Board.
The Town Board may refuse any such permit after such hearing if it
appears to violate the Zoning Ordinance or if said proposed business
or industrial use constitutes a nuisance or will imperil the health
and well-being of any of the citizens of the Town.
B.
If such use is proposed for a building to be erected, the Town Board, after hearing held before it, may grant a preliminary use permit for a use described in § 144-86.8, and thereafter the Building Inspector may issue a building permit for such building in the manner provided in the Elma Code. When the building is completed, a formal use permit, to be issued after application therefor and a hearing before said Town Board, shall be required before a certificate of occupancy is issued by the Building Inspector.
Where the standards of the C-3 District conflict with other
regulations of the Town of Elma Code, the more restrictive standards
shall apply.
The following is a list of uses that are permitted within the
C-3 District. The maximum total area of a building shall be 20,000
square feet. Any building greater than 20,000 square feet shall require
a special use permit.
A.
Principal.
(1)
Any use permitted under the C-2 District, except for single-family
residential and two-family residential.
(2)
Residential on the upper floors of an approved commercial use,
limited to two dwelling units.
[Amended 2-4-2015 by L.L.
No. 1-2015]
(3)
Stores for retail merchandising and customary services incident
to retail sales.
(4)
Assembly halls or auditoriums.
(5)
Hotels/motels.
(6)
Commercial entertainment and recreational establishments, such
as theaters and bowling alleys, when conducted only indoors and when
lights and sound are controlled so as to prevent a nuisance.
(7)
Dry-cleaning pickup stations, dry-cleaning plants using nonflammable
fluids in self-contained, solvent-reclaiming units, hand laundries.
(8)
Automobile service stations, including gas stations and public
garages:
(a)
Approval of the Planning Board after a public hearing is required
for the issuance of a permit for the erection or enlargement of a
public garage, automobile service station, or gas station or for the
conversion of any premises to be used for such purposes listed above
in any permitted zone, if any part of the lot or plot in question
is situated within a radius of 200 feet of, or within any portion
of, a road between intersecting roads that are not 600 feet or more
apart, in which portion there exists a church, a public hospital or
a hospital maintained as a charitable institution, a public library,
a public school, a duly organized school giving regular instructions
at least five days a week for eight or more months a year, a community
house, a playground or other public recreation area, or a theater
containing 300 seats or more.
(b)
Gasoline pumps or other service appliances shall be set back
at least 20 feet from any road line. Driveways shall have an unobstructed
width of at least 10 feet and shall not exceed a width of 25 feet
where they intersect the road line and shall not be nearer than 10
feet to a side line. No major repair work connected with the operation
of a public garage or automobile service station shall be carried
on outside the building, and no part of any such building shall be
used for residence or sleeping quarters. Commercial storage of gasoline
or other petroleum fuel for wholesaling is prohibited. All state and
county regulations shall apply.
(c)
Volatile materials, except as provided in Subsection A(8)(d), shall be stored underground only and in quantities not exceeding 12,000 gallons; tank trucks containing volatile materials may be parked on premises only while attended by the driver. A tank trailer containing volatile materials shall not be disengaged from a tractor on the premises. Any transfer for volatile materials from one underground tank to another shall be in underground piping buried at least 18 inches below grade.
(d)
Propane (LP gas) must be stored aboveground in tanks or containers
meeting standards contained in New York State rules and regulations
and enclosed by an adequate fence or barrier approved by the Building
Inspector.
(9)
Marine and recreational vehicle sales and service.
(10)
Building equipment and contractor supply yards.
(11)
Custom shops, including cabinet making, carpentry, electrical
and mechanical trades, plumbing, printing, shoe repair, tailoring,
woodworking and the making of articles for sale only on the premises.
(12)
Warehousing and wholesale centers.
(13)
Passenger depots or terminals.
Any building with a total area greater than 20,000 square feet shall require a special use permit. Additionally, for the purposes of considering uses that may not have been specifically listed as a permitted use nor prohibited within the C-3 District, but that warrant consideration because the Town feels that the use may comply with the intent of the C-3 District, the Town Board, following a public hearing, may issue a special use permit, subject to § 144-135, so long as the use is not permitted in the Industrial Zoning District, in which a special use permit shall not be granted.
A.
The maximum building footprint size for a new building in the C-3
District is 20,000 square feet. Any existing building within the C-3
District (as of the date of the first adoption of the new C-3 District,
October 1, 2008) may expand by up to 50% over its current size. These
expansions, up to 30,000 square feet, are permitted as of right through
site plan approval.
B.
Buildings that are currently less than 20,000 square feet (maximum
building footprint for a new one-story building) may expand up to
a total footprint size of 30,000 square feet (150% of the maximum
building footprint) as of right through site plan approval.
C.
Multiple expansions to a building may occur, so long as the cumulative
size of expansions does not exceed the maximum expansion that would
have been permitted on the building at the time of adoption of the
C-3 District.
D.
If this allowable expansion (up to 50%) results in a building over
a footprint of 30,000 square feet (150% of the allowable building
size), the expansion will require a special use permit (SUP) from
the Elma Town Board.
E.
As with new buildings, these permitted existing building expansions
will also allow second stories.
F.
Building expansions in excess of all those permitted above can only
be granted by issuance of a variance by the Zoning Board of Appeals.
G.
Any and all building expansions are subject to the requirements of
site plan approval.
To ensure that certain undesirable uses are not allowed in the
C-3 District, in the case that there is some indecision on a permitted
use, and to ensure that a special use permit is not granted, the following
is a list of uses that are specifically prohibited within the C-3
District:
The minimum lot dimensions for permitted uses and structures
in the C-3 District shall be as follows:
B.
Maximum lot coverage. All buildings, structures, and impervious services
contained on a lot shall have a maximum total lot coverage of 75%.
C.
Maximum height. The height regulations herein shall supersede § 144-95, Building height, for structures in the C-3 District only and shall constitute the maximum height for any new structure in the C-3 District.
D.
Required yards. The following table identifies the minimum setbacks
required for new structures within the C-3 District.
|
Use
|
Yards
|
From an Abutting Residential Zoning District
or an Abutting Existing Residential Use
(regardless of zoning district)
(Refer to § 144-86.13D(5) for additional standards.)
| ||
|---|---|---|---|---|
|
Front
|
Rear
|
Side
| ||
|
All permitted uses
|
50 feet
|
Principal uses: 10 feet
|
Principal uses: 10 feet on each side
|
Principal uses: 40-foot rear setback abutting such
and 20-foot setback on each side abutting such
|
|
Accessory uses: 10 feet
|
Accessory uses: 20-foot rear setback abutting such
and 10-foot setback on each side abutting such
| |||
In addition to the general standards outlined in this section,
all development within the C-3 District, with the exception of agricultural
structures, shall conform to the Town's Design Guidelines, where applicable
(copy to be obtained from the Town).
A.
Architecture; general design.
(1)
The architecture, design, and layout of the site is subject
to review by the Planning Board and generally should promote a mix
of small- and large-scale commercial uses to be developed into an
attractive regional destination without becoming a typical suburban
commercial strip. The site should provide sufficient buffering from
adjacent residential uses and incorporate access control provisions.
(2)
The applicant shall submit building plans and elevations showing
how any proposed structure conforms to and enhances the character
of the neighborhood and, if applicable, meets the specific requirements
of any overlay district.
(3)
Buildings that are designed around a corporate image or franchise
design are discouraged. The architecture and design of buildings shall
take on a character unique to the Town of Elma.
(4)
Buildings intended for use by multiple tenants should be designed
in such a way to avoid the appearance of a long strip plaza and should
contain features such as variations in scale and design and should
incorporate breaks in the building that contain landscaped areas,
gathering spaces, or architectural amenities.
(5)
The side of a building that fronts a street shall not consist
of a blank, monotonous wall that would not meet the neighborhood character
intent. Strategies that could be applied to a building facade to improve
its appearance include incorporating recesses and projections, alternating
roof lines and pitches, varying building materials, colors, and/or
designs, and street-level windows.
(6)
All rooftop HVAC units, communications equipment, or other rooftop
equipment shall be screened from view at ground level by use of building
and/or roof features compatible with the design of the building.
(7)
In general, at least 25% of any nonresidential building that
faces the street shall consist of windows.
B.
Site layout.
(1)
Lots developed with multiple buildings or intended for multiple
tenants shall be well planned to create interconnection and unity
of the site and avoid the scattered, disconnect layout of buildings.
(2)
Pedestrian walkways shall be installed between principal buildings,
or in the case of a multitenant building, between leasable entrances,
on a single site and shall be constructed of concrete, decorative
brick, or other material approved by the Planning Board.
C.
Parking, driveway, and loading areas. In addition to the regulations defined in Article IV, Off-Street Parking, any parking area within the C-3 District shall conform to the following:
(1)
All required parking, driveways, and loading ingress and egress
areas shall be paved with blacktop, concrete, or other acceptable
dust-free paving material.
(2)
Parking and loading areas must be set back from the street right-of-way
a minimum of 10 feet and shall be set back from the rear and side
property line a minimum of two feet, except in the case of shared
access.
(3)
Parking and loading areas shall be screened according to § 144-44E(3).
(4)
Driveways providing ingress and egress from parking and/or loading areas are subject to §§ 144-33 and 144-44E(4).
(5)
Parking areas shall contain pedestrian walkways throughout the
parking area to provide safe circulation of pedestrians between the
parking area and entrance to a building. Pedestrian walkways shall
consist minimally of a striped walkway. Preferably, pedestrian walkways
should be constructed of concrete or raised or stamped concrete to
clearly indicate a pedestrian facility.
D.
Landscaping/screening. Any permitted use developed within the C-3
District shall conform to the following:
(1)
Existing natural vegetation and trees shall be preserved to
the greatest extent practicable. Other landscaping treatments such
as trees and shrubbery shall be located as directed by the Planning
Board through site plan review to achieve the desired character and
conformance with the surrounding properties.
(2)
A minimum of 15% of the area devoted to parking shall consist
of landscaping, subject to the approval of the Planning Board.
(3)
The placement of landscaping is encouraged within islands and
along the periphery of the parking areas, within the front and side
yards, and around the building.
(4)
For every 30 feet of road frontage, a street tree shall be planted
in accordance with New York State Department of Transportation standards.
(5)
The required yard for any permitted use abutting a Residential A, Residential B, or Residential C and Agricultural District, or any permitted use abutting an existing residential use, shall be screened as identified in § 144-86.12D. Required yards shall consist of natural vegetation and undisturbed green space. If the Planning Board determines that the natural vegetation within the required yard does not provide a sufficient buffer, it may require additional screening by earthen berm, landscaping, masonry wall, fence, other screening method, or additional setbacks.
(6)
Trash containers, dumpsters, storage areas, and HVAC and mechanical
equipment shall not be located within the required front, side, or
rear setback and shall be screened from public view by fencing or
continuous landscaping.
E.
Signage.[1]
[Amended 6-15-2022]
(1)
No digital signs other than static images.
[Added 10-19-2011]
[1]
Editor's Note: See Attachment A, C-3 Transit Road LED Message Board District, which is included as an attachment to this chapter.
F.
Access management. The objective of access management is to reduce
the number of conflict points and to ensure vehicular and pedestrian
safety.
(1)
Shared access and cross access of adjacent lots is encouraged,
subject to Planning Board review, to reduce the number of curb cuts
and provide access control.
(2)
The location and number of access points are subject to the
review and approval of the Planning Board, Town Engineer and, when
appropriate, the Town Highway Superintendent.
(3)
Access driveways shall conform to §§ 144-33 and 144-44E(4).
(4)
Access management should reference the NYSDOT Best Practices
in Arterial Management.
G.
Other. Any permitted use developed within the C-3 District shall
conform to the following additional provisions:
(1)
The placement of lighting on the site shall be subject to review
of the Planning Board to ensure site lighting is directed away from
adjacent properties and does not produce night glow. The use of LED
lighting is encouraged.
(2)
Site lighting shall consist of cut-off, shielded, or directional
lighting fixtures. The use of LED lighting is encouraged.
(3)
The intensity of light at the perimeter of the site shall not
exceed 0.1 footcandle.
The Planning Board will require, as a condition of site plan
approval, that the applicant file a two-year maintenance bond, in
such amount as determined by the Town Planning Board, to insure that
the proposed development's required landscaping is maintained in compliance
with approved plans. An estimate of the value of the landscaping will
be required as part of the site plan approval so that an amount can
be determined for the bond.
