[Added 2-23-2015 by L.L. No. 1-2015]
A.
Creation of district. In accordance with the goals and objectives
of the Town of Tonawanda Comprehensive Plan and the Tonawanda Redevelopment
Corridors Study, the TND Traditional Neighborhood Design District
is created to facilitate redevelopment of nonresidential properties
along the established commercial and mixed commercial-residential
corridors.
B.
Intent. The intent of the TND Traditional Neighborhood Design District
is to encourage the development of traditional neighborhood based
commercial establishments and consumer services that fit the context
of the existing neighborhood in terms of scale, architectural style,
and size of lots and structures. Allowed commercial uses are intended
to serve the residents of the neighborhood and surrounding community.
The TND Traditional Neighborhood Design District should accommodate
the development of a mix of uses which are designed to complement
the existing character of the neighborhoods where they are located.
Proposals for redevelopment should be designed to promote pedestrian
access and provide goods and services for residents of the surrounding
neighborhoods.
C.
Development. Development in the TND Traditional Neighborhood Design District should be of an appropriate scale and design to be sensitive to the context of existing surroundings and neighborhood. These use regulations and dimensional standards are intended to guide redevelopment of existing properties and new facilities that are compatible with the surrounding residential neighborhoods. These standards are intended to provide adequate buffering, landscaping, parking and circulation, and overall improvement of the aesthetic character. These district regulations are intended to provide the Planning Board (through its power to review and approve site plans in accordance with § 215-150C) additional flexibility in reviewing design of sites within the corridor while protecting the overall character of the neighborhood. The flexibility of design will be accomplished by establishing minimal dimensional requirements combined with site plan review and design standards which will ensure future development is compatible with the goals of the Comprehensive Plan and planning initiatives of the Town.
The TND Traditional Neighborhood Design District is intended primarily to apply to the Highland Parkway/Englewood Avenue corridor; portions of Kenmore Avenue (east of the Village of Kenmore); Elmwood Avenue (south of the Lowell Road intersection); commercial nodes in the vicinity of Brighton Road and Eggert Road, Brighton Road and Colvin Boulevard and Belmont Avenue, Niagara Falls Boulevard (between Paige Avenue and Decatur Road) and other areas as depicted on the Official Zoning Map of the Town of Tonawanda. The boundary of this district shall follow property lines to include the entirety of all Tax Map parcels that front on the business streets within the district as depicted on the Official Zoning Map of the Town of Tonawanda certified and filed in accordance with § 215-5 of this chapter.
A.
In the TND Traditional Neighborhood Design District, no building,
structure or lands shall be used, structurally altered or erected
which are intended, arranged or designed to be used for other than
those uses listed as follows:
(1)
Single-family dwelling.
(2)
Church.
(3)
K-12 educational institutions.
(4)
Municipal buildings.
(5)
Libraries.
(6)
Two-family dwelling.
(7)
Recreation/community centers.
(8)
Public museum.
(9)
Memorials.
(10)
Public parks and public buildings.
(11)
Philanthropic institutions.
(12)
Multifamily dwellings (three or more dwelling units).
(a)
Standard multifamily (one to three stories).
(13)
Nonprofit charitable institutions.
(14)
Clubs/lodge/fraternal/religious nonprofit.
(15)
Financial institutions.
(16)
Medical office or clinic.
(17)
Computer services.
(18)
General business or professional offices.
(19)
Medical or professional buildings.
(20)
Retail sales of merchandise.
(21)
Convenience stores (without gasoline filling facilities).
(23)
Nursery schools and day-care centers.
(24)
Service or repair business.
(25)
Mixed occupancy building.
(26)
Mixed use (residential/commercial).
(27)
Restaurant.
B.
The following uses shall only be allowed in the TND Traditional Neighborhood Design District as special use permit cases approved in accordance with Article XIV of this chapter:
(2)
Hospitals or institutional uses.
(3)
Nursing home.
(4)
Mortuary and funeral home.
(5)
Hotel, motel.
(6)
Theater.
(7)
Research facilities, including laboratories and testing facilities.
(8)
Service or repair of an industrial nature.
(9)
Automotive uses (such as new and/or used vehicle sales and/or
repair, collision shops, automobile repair shop, automobile detail
shop, automobile collision shop).
(10)
Car wash.
(11)
Gasoline filling station and convenience stores with gasoline
filling facilities.
(12)
Stand-alone used vehicle sales lot.
(13)
Dry cleaners and commercial laundry plants.
(14)
New vehicle storage.
(15)
Self-storage facility.
(16)
Light manufacturing, fabrication or assembly of component parts.
(17)
Wholesale business and storage.
(18)
Public utility substations and other facility.
C.
Prohibited uses. No use, not explicitly allowed in Subsections A and B above, shall be permitted in the TND Traditional Neighborhood Design District. Prohibited uses specifically include, but are not limited to:
(1)
Breeding, raising or keeping of bees, fowl, farm animals, exotic
animals, pigeons, reptiles, dog kennel or more than two dogs six months
or older.
(2)
Junkyards.
(3)
Waste transfer or disposal.
(4)
Land mining.
(5)
Stockyards.
(6)
Trailer camps.
(7)
Tourist cabins.
(8)
Automobile tourist courts.
(9)
Tourist camps or parks.
(10)
Adult uses.
(11)
Storing of a vehicle or trailer with an unladen weight of 10,000 pounds. See § 215-70.58C.
A.
Gasoline filling stations and auto repair shops shall be of the drive-in type, and no operation therewith shall be allowed between the building line and the street or in the street, and no pump island shall be located within 30 feet of the property line the adjoining public street. See § 215-72.
B.
Where auto repair is an activity upon the premises of a permitted
establishment, no more than five unlicensed vehicles being repaired
on the premises or more than 10% of the total vehicle storage and
repair capacity of the entire premises, whichever is less, shall be
kept, stored or worked upon in any way within the outdoor portions
of the premises at any one time. No unlicensed vehicle shall be allowed
to remain on an outdoor portion of the premises for longer than two
weeks at any one time. Portions of sites used for this purpose shall
be screened from public view and from abutting residential uses through
fencing and landscaping.
C.
The keeping, storing and/or parking of a vehicle or trailer with
an unladen weight of 10,000 pounds or more is prohibited in a TND
Traditional Neighborhood Design, except for those vehicles used for
delivery purposes where the vehicle is removed from the property within
each 24 hours.
D.
All activities, except automobile parking, shall be conducted wholly within an enclosed structure erected in conformance with § 215-39 of this chapter. The displaying, storing and selling of seasonal-type merchandise and products which are related to the retail activities carried on in the structure erected in conformance with § 215-39 of this chapter, except as described in Subsection E hereof, are permitted outside of an enclosed structure, provided that said merchandise and products are neither subject to harm by exposure to the elements nor hazardous, harmful or injurious to abutting premises.
A.
Prior to the issuance of a building permit in the TND Traditional Neighborhood Design District, or a permit for a change in use, or approval of a special use, the Code Enforcement Officer shall require the applicant to submit a site plan for review in accordance with the provisions of Article XXIII, Approval of Site Plans. Site plan review is required for all new land use activities, including new structures, new uses, expansions of existing structures, demolition of existing buildings, excavation operations, new special uses and legal conversions of existing buildings to other uses, except those specifically exempted in § 215-151.
A.
The exterior walls of any building erected in a TND Traditional Neighborhood Design District to be used for the permitted uses set forth in § 215-70.57 shall be of any type of construction as identified by the New York State Uniform Fire Prevention and Building Code, provided that distance separations as specified for such construction are adhered to and all other requirements of said code are complied with.
A.
The total capacity of gasoline that may be stored at filling stations
located in a TND Traditional Neighborhood Design District shall be
limited to 48,000 gallons, to be in underground storage tanks (UST),
with a maximum capacity of 12,000 gallons for individual tanks, and
shall be installed in accordance with rules and regulations of the
National Fire Protection Association and inspected and approved by
the Code Enforcement Officer. These rules and regulations shall apply
to all underground storage tanks containing flammable liquids.
B.
Aboveground liquid storage tanks shall be constructed, protected,
located and maintained in accordance with the latest rules, regulations
and specifications of the National Fire Protection Association.
C.
Propane exchange facilities shall be installed, protected, located
and maintained in accordance with the latest rules, regulations and
specifications of the National Fire Protection Association. Such facilities
shall be protected against vehicle impact by New York State Department
of Transportation approved barriers or pipe bollards, or other approved
means.
A.
The minimum front yard setback for any building addition or substantial
improvement to existing building shall be as established by the adjoining
business or residential buildings which front on the same street,
whichever is the greater, provided the front yards of which have not
been diminished in depth in any manner.
B.
In cases where the Code Enforcement Officer or Planning Board determine that Subsection A of this section is not applicable because the neighboring front yard setbacks is not compatible or suitable for the proposed use or structure, the front yard setback shall be a variable depth according to the street widths on which located and as shown by B on Plate G.[1]
[1]
Editor's Note: Plate G is included as an attachment to this chapter.
C.
Englewood Avenue. The following minimum front yard setbacks for new construction and substantial improvements along Englewood Avenue shall apply and supersede Subsections A and B of this section:
(1)
The minimum front yard setback for structures fronting on Englewood
Avenue shall be 10 feet, as prescribed by Plate G.[2]
[2]
Editor's Note: Plate G is included as an attachment to this chapter.
(2)
On corner lots, all buildings, structures, signs and landscaping
shall provide a minimum of 15 feet of visual clearance from the street
line.
(3)
The area between parking and the front property line shall be
landscaped.
(4)
Front yard parking shall be discouraged and minimized. For lots providing parking in front of the building, a minimum setback of five 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 § 215-70.68. 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.
D.
Elmwood Avenue. The following minimum front yard setbacks for new construction and substantial improvements along Elmwood Avenue shall apply and supersede Subsections A and B of this section:
(1)
The minimum front yard setback for structures fronting on Elmwood
Avenue shall be 12 feet, as prescribed by Plate G.[3]
[3]
Editor's Note: Plate G is included as an attachment to this chapter.
(2)
On corner lots, all buildings, structures, signs and landscaping
shall provide a minimum of 15 feet of visual clearance from the street
line.
(3)
The area between parking and the front property line shall be
landscaped.
(4)
For lots providing parking in front of the building, a minimum setback 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 § 215-70.68. 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.
A.
For interior lots in the TND Traditional Neighborhood Design, no
side yard shall be required, provided that the walls for such buildings
are constructed in accordance with the New York State Uniform Fire
Prevention and Building Code for zero clearance; provided, however,
that side yards adjoining side yards of a residential or restricted
business property shall be eight feet.
B.
For corner lots in the TND Traditional Neighborhood Design District,
a side yard of variable width shall be required as shown on Plate
G.[1]
[1]
Editor's Note: Plate G is included as an attachment to this chapter.
C.
Accessory structures on a corner lot in the TND Traditional Neighborhood
Design District shall be located in the side yard of the lot, not
along the street side, as shown on Plate F.[2]
[2]
Editor's Note: Plate F is included as an attachment to this chapter.
D.
The side yard for an interior lot, abutting the ends of lots facing
another street shall be as shown on Plate G under Column D.[3]
[3]
Editor's Note: Plate G is included as an attachment to this chapter.
Minimum rear yard setbacks shall be governed by the following
conditions:
A.
The depth of the rear yard setback of a lot in the TND Traditional
Neighborhood Design District that abuts the side or rear yard of a
lot(s) in a nonresidential district shall be 10 feet.
B.
The rear yard of a lot in the TND Traditional Neighborhood Design
District that abuts the side or rear lot line of a lot(s) in a residential
district shall have a depth of 15 feet for buildings 30 feet or less
in height. For buildings higher than 30 feet, this distance shall
be increased one foot for each additional five feet in height. This
condition is shown on Plate E.[1] Said rear yard shall be maintained free from storage of
any merchandise, containerized or not, or any empty containers, supplies
and/or maintenance items.
[1]
Editor's Note: Plate E is included as an attachment to this chapter.
C.
The rear yard shall be landscaped and shall include visual screening
in the form of an opaque fence having a minimum height of six feet
above grade and a maximum height of 10 feet above grade to separate
the nonresidential uses (including parking) and adjoining residential
properties.
A.
Steps may project into a front or side yard on a corner lot or into
the front yard of an interior lot.
B.
A vestibule may project into a required front yard only. A vestibule
may project ahead of the front building line six feet, provided that
the total width of such shall not exceed 25% of the total frontage
of the building.
C.
A canopy or cornice, constructed of noncombustible material, may
project into a required front yard and may also project into a required
side yard of a corner lot on the intersecting street side where there
is a minimum five-foot side yard.
Maximum lot coverage shall be governed by the following conditions:
A.
When new construction or substantial alteration, modification or expansion of existing structures is proposed on a nonresidential property in the TND Traditional Neighborhood Design District, the maximum building coverage shall be 55% and the maximum coverage of the lot with total impervious or paved surfaces (buildings, parking, storage or sidewalks) shall be 90%. The remaining 10% of the lot (green space) shall be landscaped according to the provisions established in § 215-70.68.
A.
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 areas shall not be located within any setback areas.
The edge of parking areas shall have a curb to separate it from the
required adjoining green space.
(3)
Parking areas abutting a side or rear yard of adjacent residential
uses, except for driveways and other entrances, shall be properly
screened from view from the adjacent residential use.
(4)
During site plan review, the Planning Board may reduce the minimum number of off-street parking spaces required by § 215-83J, by no more than 25%, in order to provide additional landscaping. Approval of a reduction in parking shall take into account the proposed use, pedestrian accessibility and other reasonable indications that the amount of proposed parking is adequate to meet estimated parking needs. If approved, the area where parking has been reduced shall be used exclusively for landscaping designed in accordance with the standards and criteria applicable in this district.
B.
Loading. Loading docks shall not be permitted in the front side facing
the street or on any side of a building which abuts a residential
property.
C.
Storage of materials. Required service areas, required loading areas
and outdoor storage areas shall be located so as to not be visible
from public streets. Service, loading and storage facilities shall
be architecturally incorporated into the building or otherwise screened
with architectural walls, opaque fencing and landscaping. Where these
facilities are visible from pedestrian areas, public streets or public
open space, they shall be completely screened with opaque materials.
D.
Utilities and communications services. 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 avoid future
requests for relief from the Town code. "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.
E.
Pedestrian access. Pedestrian access shall be provided through parking
lot(s) between the public sidewalk and the primary structure. Pedestrian
access may be in the form of a marked crosswalk stamped pavement,
or sidewalk. Sidewalks shall be provided along the full length of
all facades that face a public street and include a customer entrance.
F.
Propane exchange facilities. Propane exchange facilities shall be
located on the side or rear of commercial buildings or otherwise architecturally
screened from view from the street or adjoining residential uses.
Propane exchange facilities shall be protected against vehicle impact
by New York State Department of Transportation approved barriers or
pipe bollards, or other approved means.
G.
Vending machines. Vending machines shall not be placed in a parking
lot or on a sidewalk along a building facade. Vending machines shall
be placed within an entryway, lobby or vestibule and shall not block
safe ingress or egress to the building.
H.
Containerized storage. Truck- or trailer-mounted cargo boxes or other
metal containerized storage not originally intended for stationary
long-term storage shall not be placed or used for storage within the
TND District. Portable temporary storage systems intended for temporary
use shall only be allowed for periods up to 30 days.
I.
Architectural style. The following architectural design guidelines shall apply to new construction, alteration, modification or expansion of existing structures subject to site plan review in accordance with Article XXII, Approval of Site Plans.
(1)
Scale and design. Diversity of architectural design shall be
encouraged, but multiple buildings on the same site shall be designed
to create a cohesive visual relationship between buildings. Any new
buildings or structures must be appropriate to the scale and character
of the neighborhood. Architectural design should complement land uses
in the immediate area. Appropriate facade designs and building materials
that complement and improve the character of the area shall be required.
As such, buildings shall meet the following requirements:
(a)
With the exception of mid-rise and high-rise multifamily structures,
no structure shall exceed two stories or 35 feet in height above the
average finish grade. The height of a mid- or high-rise multifamily
dwelling may exceed 35 feet; provided, however, that the distance
between each portion of the building having a greater height than
35 feet and each lot line shall not be less than the minimum front,
side and rear setbacks, plus one foot for every two feet additional
height in excess of 35 feet. Mechanical space for building equipment
placed on the building roof may be permitted above the maximum height
specified, provided that such mechanical space is set back a minimum
of 15 feet from any exterior walls, does not exceed 10 feet in height
(above the finish roof line of the building upon which it is installed)
and is adequately screened from view.
(b)
Buildings with long, unbroken, unfenestrated walls should be
avoided. No building facade along a public right-of-way shall have
an uninterrupted wall of more than 30 feet. This can be achieved through
a combination of divisions or breaks in exterior materials, entrances,
windows or other visual design elements. Variation in building footprint,
exterior wall offsets, and rooflines are encouraged.
(c)
Multistory buildings shall incorporate an exterior design that
provides an architectural break or other distinguishing characteristic
that visually separates the ground floor from the floor(s) above.
This can be achieved through a combination of an intermediate cornice
line, a difference in building materials or architectural detailing,
an awning or distinctive window lintels.
(2)
Transparency. In commercial, retail or professional office buildings,
a minimum of 15% of a building's ground floor facade facing a public
right-of-way must be comprised of a combination of transparent windows
and doors that allow views of indoor space, in accordance with the
New York State Building Code.
(3)
Exterior materials.
(a)
Unless otherwise approved by the Planning Board, exterior materials
of new buildings, additions and substantial exterior renovations shall
be constructed of the following classes of materials:
[1]
Brick or stone.
[2]
Finish-grade wood.
[3]
Architecturally precast textured concrete panels.
[4]
Glass (no more than 40% of any facade).
[5]
Metal (for beams and/or accent purposes only).
[6]
Dryvit® or equal
exterior insulation and finish systems (EIFS) material.
[7]
Other exterior building materials manufactured
to replicate the acceptable building materials listed above and approved
by the Planning Board.
(b)
The same exterior treatment provided to the building front shall
also be provided to any side and rear wall facing a public right-of-way
or residential use.
(c)
No fewer than two and no more than three exterior materials
(excluding trim) shall be utilized on any one facade.
(d)
Materials such as vinyl, aluminum siding, steel panels, "T-111"
or similar sheet goods, or asbestos finishes shall be prohibited in
the TND Traditional Neighborhood Design District, unless otherwise
approved by the Planning Board.
(e)
All buildings shall have durable exterior finish materials that
cover all exterior walls.
(4)
Lighting.
(a)
Lighting plans are required and shall be submitted to the Planning
Board as part of the site plan review process. Lighting plans must
include illumination footprints within parking lots and along pedestrian
walkways.
(b)
Parking area lighting fixtures shall be reduced in intensity after 11:00 p.m. and shall be designed to adhere to the requirements set forth in § 215-70.25C(10). Security lighting and other building lighting will be allowed to operate with Town requirements.
(c)
All lighting fixtures shall be of an appropriate size and scale,
as determined by the Planning Board, and aesthetically designed, so
as to improve the overall quality of the area.
(d)
Lighting poles shall not exceed 20 feet in height.
A.
All nonresidential properties in the TND Traditional Neighborhood
Design District (including multiple dwellings) shall be landscaped
in a manner which will harmonize with the existing buildings, proposed
expansions and improvements, and the surrounding commercial area.
Enhanced landscaping shall be applied to the immediate area surrounding
buildings, yards, sidewalks, open spaces, parking areas, storage areas
and service areas.
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, to screen a lot along its
lot lines with adjacent properties, to screen utility buildings, refuse
collection areas, storage areas, cooling systems or other similar
structures, and other similar installations and features, to provide
landscaped islands or planted subareas which punctuate otherwise developed
internal portions of a site, in conjunction with appropriate combinations
of decorative fences. Landscaping shall be used to give relief and
natural beauty to sites within the TND Traditional Neighborhood Design.
Emphasis shall be given to landscaped treatments along the principal
street edges of a site and along adjoining residential properties.
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:
(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 in the
TND District.
(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 the property line along a public street shall be consistent with the unobstructed view corridor standards established by § 215-8, 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.
The minimum five-foot front yard area between the parking lot and
property line along the public street shall be landscaped with turf,
ground cover or low shrubbery (less than three feet) and street trees
having branches no lower than 12 feet above grade at maturity.
F.
Nonresidential uses, including multiple dwellings, in the TND Traditional
Neighborhood Design District, 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 those residential uses.
G.
A landscape plan in the form of a colored rendering, prepared by
a registered landscape architect or other design professional authorized
to prepare plans, shall be submitted as part of the site plan application
materials. All plants, trees and shrubs shall be planted in accordance
with the planting schedule provided on the landscape plan. 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. All trees shall be a minimum of six feet above grade at the
time of planting. All bushes and 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.
In the TND Traditional Neighborhood Design District, the percentage
of the lot area which may be occupied by multiple dwellings shall
not exceed 50%, and the number of square feet of the lot area per
dwelling unit shall not be less than 1,100 square feet.
Should the principal structure on a lot not occupy the entire area within the building envelope (outside of the front, side or rear yards), accessory structures shall be permitted to occupy the balance of the building envelope, except that such accessory structures shall not occupy the area provided for parking of vehicles in accordance with the off-street parking requirements as provided in Article XIII.
