[Amended 2-23-2015 by L.L. No. 1-2015]
The purpose of this district is to encourage and allow the most appropriate use of the land available now as well as approaching future commercial and industrial uses unhampered by restrictive categorizing, thus extending the desirability of flexible zoning, subject to change with changing conditions. Due to the broad range of uses allowed in this district, certain design standards for lot layout, buffering and landscaping are necessary in order to ensure new development enhances the character of its surroundings and is in keeping with the Town's aesthetic vision for its commercial corridors. If, after a consideration of all the interests of the community and the Town as a whole, including but not limited to the nature of the proposed use, its effect on adjoining lands, its proximity to other uses and use districts and its compliance with the performance standards set forth in § 215-61, the Town Board determines that a performance standards use permit authorizing such proposed use is proper, the same shall be issued.
[Amended 8-29-2016 by L.L. No. 1-2016]
Due to the unrestrictive nature of performance standards use zoning and the possible effects of performance standards uses on lands and uses in adjacent use districts and within the P-S Performance Standards Use District itself, performance standards use permits are required for any use proposed in the P-S Performance Standards Use District. The Planning Board may waive the P-S permit requirement when it is determined that such proposed use will not exceed any of the thresholds established in § 215-61 of this chapter.
[Amended 1-11-1988 by L.L No. 1-1988; 12-19-1988 by L.L. No.
7-1988; 10-20-1997 by L.L. No. 4-1997]
A.
An institution for human care or treatment or a dwelling
shall be permitted only on premises abutting a residential district.
The foregoing limitation on dwellings and institutions shall not apply
to quarters for a plant watchman or caretaker or to a plant infirmary
or to a mobile home court, trailer park or camp. Tank storage of flammable
liquids shall be limited to 48,000 gallons total and shall be constructed,
protected, located and maintained in accordance with the latest rules,
regulations and specifications of the National Fire Protection Association
(NFPA).
B.
Junkyards, waste transfer or disposal, land mining
and stockyards shall not be permitted.
[Amended 2-23-2015 by L.L. No. 1-2015]
A.
No building or structure for a use other than residential purposes
shall be constructed, erected or built closer than 25 feet to a residential
district boundary.
B.
The front yard shall have a minimum depth of 20 feet.
C.
The side yard shall have a minimum width of 10 feet.
D.
The minimum front setbacks for buildings or structures along Military
Road shall be 40 feet or as governed by Plate L[1] regarding the minimum front yard building line, whichever
is greater.
[1]
Editor's Note: Plate L is included as an attachment to this chapter.
E.
For lots providing parking in front of the building, a minimum yard of 10 feet from the property line along the street to any parking or driving aisle shall be required; this green space area must be landscaped according to the provisions established in § 215-64.1. The structure or building shall be further offset to accommodate a parking plan in accordance with the minimum dimensions set forth in Article XIII of this chapter.
F.
All other streets shall have minimum building line setbacks as indicated
below.
All streets less than 80 feet in width shall
have equal building line setbacks on each side thereof sufficient
to provide for a street of this width.
[Amended 10-5-1998 by L.L. No. 1-1998]
All buildings in this district shall be governed
by the limits as shown on Plate D-2,[1] that is, buildings erected on the permitted street line
shall not exceed 80 feet in height, but for each additional foot of
setback, two feet of additional height will be allowed. Rear and side
lines shall be governed by the type of construction, in accordance
with the New York State Uniform Fire Prevention and Building Code.
[1]
Editor's Note: Plate D-2 is included as an attachment to this chapter.
[Amended 10-4-2004 by L.L. No. 6-2004; 3-26-2007 by L.L. No.
2-2007]
The petitioner shall prepare a request for a performance standards use permit as set forth in § 215-60 of this chapter. Said request shall be accompanied by a fee of $200. The request, fee and detailed site and development plan shall be submitted to the Town Board by delivery to the Town Clerk, who is also the Clerk of the Planning Board, who shall forward the request and detailed site and development plan to the Planning Board of the town for investigation, review, study and report and recommendation to the Town Board. Within 45 days of receipt of said information by the Clerk of the Planning Board, the Planning Board shall complete its investigation, review and study and shall report and recommend appropriate action to the Town Board. Said report from the Planning Board shall be in writing and may recommend disapproval, approval or approval with modification and may recommend, in addition thereto, conditions to be imposed thereon. Within 45 days of the receipt of the written report and recommendation of the Planning Board, the Town Board shall disapprove, approve, approve with modification or approve upon such conditions as it shall deem fit the request for such performance standards use permit. In the event that the Planning Board fails to respond within the allotted 45 days, the Town Board shall take such action necessary within 45 days thereafter to disapprove, approve, approve with modification or approve upon such conditions as it shall deem fit the request for such performance standards use permit. Following the determination by the Town Board, the request of the petitioner and all other documents and evidence submitted in connection therewith shall be filed with the Code Enforcement Officer, and the petitioner shall be notified of the Town Board's determination. If so determined by the Town Board, the Code Enforcement Officer shall issue a performance standards use permit in such form as shall be prescribed by him and approved by the Town Board, and said Code Enforcement Officer shall at all times thereafter monitor and regulate the use of said premises.
The request for review of a use within the P-S Performance Standards Use District shall consist of an affidavit or statement assuring compliance with the standards of § 215-61 and the detailed site and development information of § 215-62. Further, the applicant shall verify that the information submitted is on his behalf and is true and accurate and that prior evaluation of the overall proposal by the New York State Department of Environmental Conservation for compliance with environmental concerns, rules and regulations, if required, has been obtained. Additional evaluations may be submitted from any other qualified authority or agency acceptable to the Town of Tonawanda, New York, Planning Board and the New York State Department of Environmental Conservation. Failure to produce any of the information herein requested or submission of any information which after reasonable consideration by the aforesaid Planning Board is deemed unsatisfactory shall be justifiable reason for the Planning Board to dismiss the entire request.
A.
Performance standards uses are not permitted which
exceed New York State regulations or any of the following standards
measured at the individual property line:
(1)
Emission of noise in excess of 65 decibels.
(2)
Emission of any odor which endangers the health, comfort,
safety or welfare of any person or which has a tendency to cause injury
or damage to property, business or vegetation.
(3)
Emission of dust or dirt which endangers the health,
comfort, safety or welfare of any person or which has a tendency to
cause injury or damage to property, business or vegetation.
(4)
Emission of any smoke in excess of Ringelmann Chart
No. 2.
(5)
Emission of any noxious gases which endanger the health,
comfort, safety or welfare of any person or which have a tendency
to cause injury or damage to property, business or vegetation.
(6)
Causing, as a result of normal operations, a vibration
which creates displacement of 0.003 of one inch.
(7)
Certain lighting or signs which create glare which
could impair the vision of a driver of any motor vehicle.
B.
No performance standards use shall be permitted if
the operation of such use on the premises would:
(1)
Cause a fire, explosion or safety hazard.
(2)
Cause, as the result of its operation, an adverse
environmental impact or a hazard to the safety, health or well-being
of any person.
(5)
Cause anything to be done which would create a violation
of any law, ordinance, rule or regulation of the Town of Tonawanda,
New York, the County of Erie or the State of New York.
[Amended 1-11-1988 by L.L No. 1-1988; 2-23-2015 by L.L. No.
1-2015]
A.
A drawing on a sheet size no larger than 24 inches by 36 inches, properly oriented and that otherwise shall meet the content requirements of § 215-152D(2).
B.
A survey of the site of the proposed use, including its acreage and
a legal description thereof, plotted to scale.
C.
The lines of existing streets and sidewalks immediately abutting
the site as well as the names of the owners of abutting properties.
D.
Existing or proposed structures on the site with any data regarding
floor plans, equipment, storage or activities pertinent to the proposed
use.
E.
Any existing or proposed amenities that would give credence to the
compatibility of the proposed performance use of the site to the surrounding
area.
F.
A statement by the owner or his representative, indicating his approval
of the site and that he is party to the proposed performance standards
use application.
G.
Information to show that the proposed performance standards use and
detailed site and development plan is consistent with the intent,
objectives and specific requirements of this chapter, this article
and the general welfare of the Town.
H.
The site and development plan prepared by an engineer, architect,
landscape architect, surveyor or attorney, who is certified and/or
licensed to practice in the State of New York.
I.
Building elevation plan(s) and building material details for all
buildings, facades or structures visible from existing or proposed
public streets or adjacent residential districts.
J.
A landscape plan in the form of a colored rendering, prepared by
a registered landscape architect.
K.
Such additional information as shall be requested by the Town Board
or Planning Board.
A.
The use of the premises in question shall at all times
comply with the determination of the Town Board, the performance standards
use permit, the detailed site and development plan, the request of
the petitioner for the performance standards use permit and all other
documents, evidence and data submitted to the Town Board based upon
which the determination and permit were made and issued.
B.
The performance standards use permit shall be deemed
abandoned in the event that the use permitted thereby is discontinued
for a period of six months or more. The performance standards use
permit shall also be deemed discontinued if the use of the premises
permitted by the performance standards use permit is not commenced
within six months from the date of issuance thereof or if the construction
or alteration of the premises as authorized under this article is
not completed within a period of two years from the issuance of said
permit.
C.
The performance standards use permit may be revoked by the Town Board
at any time for a violation of any of the provisions of the laws,
ordinances, rules and regulations applicable thereto. So long as the
performance standards use permit is in use, the Code Enforcement Officer,
the Director of Community Development or a duly authorized agent shall
have a right to inspect the premises on reasonable advance notice,
and the holder of said permit and the owner and occupant of the premises
for which the performance standards use permit shall have been issued
shall answer any and all reasonable questions and provide any information
reasonably requested in connection with such use. In the event of
a failure to allow such inspection, a failure to answer such questions
or a failure to provide such information, the Town Board shall have
the right to revoke said performance standards use permit.
[Amended 3-26-2007 by L.L. No. 2-2007; 8-29-2016 by L.L. No. 1-2016]
[Amended 8-29-2016 by L.L. No. 1-2016]
A performance standards use permit may be transferred to a subsequent
owner or occupant of the premises for which the same has been issued,
provided that the subsequent owner or occupant shall continue to comply
with all of the conditions and provisions applicable to the performance
standards use permit and provided further that said subsequent owner
or occupant shall, prior to taking possession of such premises, give
written notice to the Planning and Development Department of the Town
of Tonawanda indicating the transfer of the ownership or occupancy
of such premises and shall execute such forms as shall be reasonably
required by said Department. Failure to comply with this section is
also a violation of the Zoning Local Law of the Town of Tonawanda,
New York.
[Added 10-20-1997 by L.L. No. 4-1997; amended 10-5-1998 by L.L. No. 1-1998; 7-2-2001 by L.L. No. 1-2001]
A.
All buildings, yards, sidewalks, open spaces, parking areas, storage
areas and service areas shall be landscaped in a manner which will
enhance the general appearance of the development and harmonize with
the proposed buildings and the surrounding commercial area.
[Amended 2-23-2015 by L.L. No. 1-2015]
B.
The Town shall require landscaping in the form of appropriate shrub
and tree plant materials arranged in rows or clusters, and designed
as buffers, screens or hedges which give attractive definition to
the street edges or other areas of a lot, or to screen a lot along
its lot lines with adjacent properties, or to screen utility buildings,
refuse collection areas, storage areas, cooling systems or other similar
structures, and other similar installations and features, or to provide
landscaped islands or planted subareas which punctuate otherwise developed
internal portions of a site, in conjunction with appropriate combinations
of decorative fences, walls and berms. Landscaping shall be used to
give relief and natural beauty to sites within the P-S Performance
Standards Use District. Emphasis shall be given to landscaped treatments
along the principal street edges of a site.
[Amended 2-23-2015 by L.L. No. 1-2015]
C.
Areas between street curbing or the edge of rights-of-way and sidewalks
on Town-owned streets shall be landscaped. Town, Erie County and New
York State rights-of-way may be improved under the following conditions:
[Amended 2-23-2015 by L.L. No. 1-2015]
(1)
Where the existing space between the curbline and sidewalk is
less than three feet, that area may be improved with stamped colored
concrete, brick pavers, or other approved material.
(2)
Where the existing space between the curbline and sidewalk is
greater than three feet, that area shall be improved with landscaping
in the form of street trees or turf or other appropriate approved
natural materials.
(3)
Where plans for improvements to the public space include adding
or replacing sidewalk, the area between curb and sidewalk shall be
landscaped to provide a minimum five-foot snow storage area.
(4)
Improvements to the public space shall be approved by the right-of-way
owner prior to the Town completing site plan review.
D.
Tree planting spacing patterns of one tree for no less than every 30 linear feet of distance in a regular pattern along site edges adjoining principal business streets is required. Landscaping patterns along street right-of-way lines shall be consistent with the unobstructed view corridor standards established by § 215-8, entitled "Sight obstructions," which requires that shrubs and similar materials generally not be higher than three feet above adjacent street grade and that street trees have branches generally no lower than 12 feet above adjacent street grade in order that views not be obstructed for approaching or departing vehicles.
E.
Performance Standards Use properties which immediately
abut residential properties or uses shall install a combination of
minimum six-foot-high opaque fencing and tree plantings spaced no
farther than 30 feet center to center, or shrub plantings located
no farther than five feet center to center, along all property lines
abutting residential uses.
[Amended 3-26-2007 by L.L. No. 6-2007]
F.
Within large off-street parking areas measuring 25,000
square feet or more in area, the paved area for parking shall be interrupted
by landscaped islands or divider strips placed within rows of parking
spaces so that no row of parking exceeds 15 spaces without being interrupted
by a landscaped island (a mid row island). The landscaped islands
shall have a minimum width of eight feet and a minimum length of 36
feet and shall be planted with two deciduous trees for each landscaped
island. The islands shall be curbed or provided with an acceptable
alternative edge definition material.
G.
All plants, trees and shrubs shall be planted in accordance
with a planting schedule provided by the applicant and approved by
the Town. Landscape materials selected shall be appropriate to the
growing conditions of this climatic zone. All trees shall be plant
species having a minimum caliper of three inches measured two feet
above ground level at the time of planting, an average crown spread
of greater than 15 feet at maturity and trunks which can be maintained
in a clean condition, free of branches from grade to generally 12
feet above grade along principal street edges and 10 feet above grade
elsewhere. Trees having an average mature spread of less than 15 feet
may be substituted by grouping the same so as to create the equivalent
of a fifteen-foot crown. Shrubs shall be a minimum of two feet in
height when measured immediately after planting. Hedges, when measured,
shall be planted and maintained so as to form a continuous visual
screen within two years after time of planting.
[Added 2-23-2015 by L.L. No. 1-2015]
A.
Snow storage area. Where plans for improvements to the public space
include adding or replacing sidewalk, the area between curb and sidewalk
shall be landscaped to provide a minimum five-foot snow storage area
in the PS District.
B.
Two mile creek buffer. A minimum of 50 feet on either side of Two
Mile Creek or its tributaries shall be maintained in its natural state
or as landscaped open space. The setback distance shall be measured
from the average high-water line of the water body. The applicant
is encouraged to protect the natural drainage elements within the
project area and to provide a means of public access along any drainage
element or within the fifty-foot buffer area where it is appropriate
or desired to integrate the preservation of the drainage features
into the open space element of the project design.
C.
Parking. Parking shall comply with Article XIII of this chapter and meet the following additional standards:
(1)
All parking areas shall be paved with concrete or blacktop paving,
paving brick or other comparable hard surface approved by the Town
Building Department and shall be properly drained.
(2)
Parking facilities shall not be located within any setback areas.
Parking areas shall be curbed and, except for driveways and other
entrances, shall be properly screened from view from the street.
(3)
Parking areas shall not exceed 10,000 square feet in area unless
interrupted by a minimum fifteen-foot-wide landscaped strip. The Planning
Board may relax the median requirements if the parking lot configuration
is irregularly shaped.
(4)
No loading docks shall be permitted on any portion of a building
which faces a street; provided, however, that if two or more building
walls face a street or a public right-of-way, then loading docks may
be permitted if adequate architectural and or landscaped screening
is provided.
E.
Fencing. No fence shall be erected within the front setback area.
Fences shall be limited to six feet in height.
F.
Storage of materials.
(1)
Required service areas, required loading areas and outdoor storage
areas shall be located so as to not be visible from public streets,
public pedestrian ways or public open space. To the extent possible,
service, loading and storage facilities should be architecturally
incorporated into the building or architecturally treated with walls,
fencing and landscaping. Where these facilities are visible from public
or private pedestrian areas, public streets or public open space,
they shall be completely screened with opaque materials.
(2)
Outside storage that is located within 150 feet of the district
boundary shall not exceed 12 feet in height. Elsewhere in the district,
outside storage shall be limited to 20 feet in height.
G.
Utilities and communications facilities. No utilities or communications
facilities shall be installed aboveground in front or side yards.
All utility and communications facilities shall be installed so as
to anticipate future needs and shall be sited and sized to reduce
future capital costs. "Hot boxes" or similar aboveground facilities
that provide access, metering or other control for utilities shall
be located in landscaped areas; protected from damage by vehicles;
and appropriately screened from the street and adjoining residential
uses.
