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Town of Elma, NY
Erie County
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Table of Contents
Table of Contents
[Added 2-4-2015 by L.L. No. 1-2015]
In accordance with the Regional Comprehensive Plan and the work of the Multiple Dwelling Code Committee (MDCC), the Seneca Street Springbrook Area Multiple Dwelling Overlay (SMDO) is established to allow for restricted types of multiple dwellings along Seneca Street as defined below. This area is a hamlet area which offers the opportunity for small-scale multiple-dwelling residential units and small-scale commercial uses to work together for the revitalization of this area.
The boundaries of the Springbrook Multiple Dwelling Overlay are in general as follows (see Town Zoning Map for specific location):
All parcels fronting both sides of Seneca Street to a maximum depth of 500 feet from the roadway right-a-way (as of the date of this law enactment), from Northrup Road to the northwest and Old Pound Road to the north, then south to Rice Road, including the parcel located southeast across from Rice Road.
The standards of the Springbrook Multiple Dwelling Overlay shall be superimposed over, and supplement, the underlying zoning standards. Each multiple dwelling use must conform to the applicable design standards of the underlying zoning district, as well as the standards of this overlay district and Article XVI (Multiple Dwellings), and, if there is a conflict, the more stringent standards shall apply.
The standards contained herein, which govern multiple-dwelling development and redevelopment within the boundaries of the Springbrook Multiple Dwelling Overlay (SMDO), are founded upon the following objectives:
A. 
Establish standards to ensure that new multiple-dwelling development or redevelopment is in character in terms of scale, design, and layout with the rural character envisioned for this area of the Town.
B. 
Reduce signage clutter by controlling the number and size of signs, the placement of signs, and the appearance of signage.
C. 
Landscaping and other amenities should be incorporated into site development to enhance the site and screen parking areas.
D. 
Design should take into consideration the objectives of this rural hamlet area. Incorporation of elements such as picket fences and other rural atmosphere amenities is strongly encouraged.
The uses that are permitted within the Springbrook Multiple Dwelling Overlay shall be determined by the underlying zoning district and supplemented as follows:
A. 
The following principal uses are allowed in addition to those allowed in the underlying zoning:
(1) 
One three- or four-unit multiple-dwelling building per lot (multiple dwellings as defined in the definition section of the Zoning Code[1] and as described in Article XVI).
[1]
Editor's Note: See § 144-2.
(Refer to Article XVI for process and other requirements for multiple dwellings).
A. 
The applicant shall meet all submission requirements of site plan review.
B. 
The applicant shall submit building plans and elevations indicating the facade treatments and construction materials and colors of all structures in compliance with the standards of the underlying zoning district and the SMDO.
C. 
The applicant shall submit a minimum of two different renderings of the proposed structure(s) to be developed on the site to allow the Planning Board to choose the alternative or recommend other alternatives that they feel will best comply with the overlay.
D. 
The applicant shall submit a site plan that identifies all components of the development and indicates compliance with all the requirements of the Zoning Law and this overlay.
E. 
The applicant shall submit a landscape plan identifying the location, type, size, and planting specifications of all landscaping proposed for the site. The landscape plan shall also identify, in general, existing vegetation on the site.
F. 
The applicant shall submit a signage plan that shows the size, type, color, placement, lighting, design, and construction materials of each sign. Each proposed sign for the site must comply with all the requirements of the Zoning Law and this overlay.
All multiple-dwelling developments within the Springbrook Multiple Dwelling Overlay shall conform to the following requirements and standards:
A. 
Minimum unit size: single story 650 square feet per unit; two story 500 to 800 square feet per unit (§ 144-142B).
B. 
Minimum lot size: 30,000 square feet (minimum lot width of 100 feet and minimum lot depth of 300 feet).
C. 
Density: eight units per acre and must meet all other zoning requirements.
D. 
Height: 2.5 stories.
E. 
Maximum lot coverage. The maximum coverage of the proposed buildings, accessory buildings, driveways, parking areas, and other impervious surfaces is limited to 50% of the entire lot.
F. 
Building setbacks. The following setbacks shall supersede the setbacks of the underlying zoning and apply to all multiple-dwelling developments within the SMDO to promote the rural atmosphere. Where a setback is not established, the underlying setback shall be applied.
(1) 
Front building setbacks shall be no less than 40 feet and no more than 80 feet as measured from the street right-of-way. Awnings, balconies, porches, and other architectural amenities shall be permitted to encroach upon the front setback by a maximum of five feet.
G. 
Architecture. The architecture and design of any structure within the SMDO shall comply with the standards of the underlying zoning and shall conform to the following general guidelines:
(1) 
General design. The architecture and design of any multiple-dwelling structure shall:
(a) 
Comply with the character envisioned for this area, enhance the visual quality of the area;
(b) 
Be harmonious with adjacent uses;
(c) 
All multiple-dwelling structures should have the appearance of a single-family home, including peak roofs, front doors and windows, etc.
(d) 
Comply with any additional Town Design Guidelines, where applicable.
(2) 
Building materials.
(a) 
Any side of a building that faces a street or public right-of-way shall incorporate a facade constructed of any of the following materials: stone, brick, masonry, marble, wood or vinyl siding, or other material approved by the Planning Board.
(b) 
The use of cast concrete, cinder blocks, or metal paneling shall not be used on sides of a building that faces a street or public right-of-way.
H. 
Site layout. The site layout for a multiple dwelling within the SMDO shall comply with the general standards of the underlying zoning and conform to the following overlay guidelines. In the case of conflicting standards, the regulations of the overlay district shall prevail.
(1) 
All new multiple-dwelling development buildings within the SMDO shall be located towards the road with parking behind the structure or in garages.
I. 
Parking and loading areas. Off-street parking shall comply with the standards of the underlying zoning and Article IV of the Zoning Code, and shall conform to the following additional standards:
(1) 
Parking and loading areas must be behind the building.
(2) 
A minimum of 10% of the interior of a parking area shall be devoted to landscaping used to break up the parking stalls where the parking area is visible from the public right-of-way.
(3) 
Parking areas shall not contain a continuous single row of parking stalls of greater than five parking spaces without interruption by a landscaped island where the parking area is visible from the public right-of-way.
(4) 
In addition to the screening of a parking area required in § 144-44E(3), the use of decorative ornamental features, masonry walls, fencing, or a mix of each is encouraged to additionally screen parking and loading areas and to create a more visually appealing streetscape.
J. 
Landscaping/screening. Landscaping and screening shall comply with the standards of the underlying zoning and shall conform to the following additional standards:
(1) 
For every 25 feet of road frontage, a street tree shall be planted in conformance with county and Town standards, where applicable. (A "street tree" is defined as any tree growing within the public right-of-way; provided, however, that no shrub planting or tree foliage shall be placed or maintained which obstructs vision at an elevation between three and seven feet above street level [§ 144-44E(3)(a)].
(2) 
Additional shade trees shall be planted throughout the site at a ratio of one tree per 2,000 square feet of lot area.
(3) 
The required front yard shall consist of vegetative ground cover, perennial and annual landscaped areas, and/or other amenities that enhance the visual appearance of the streetscape.
(4) 
All landscaped areas shall be maintained and any vegetation that dies shall be replaced during the following planting season. (New code: two-year warranty.)
K. 
Signage. Signage shall comply with the standards of the underlying zoning and § 144-102.1, Signs, and shall conform to the following additional standards:
(1) 
Proposed signage shall be limited in this district as these uses are small scale residential units.
(2) 
No building signs are allowed.
(3) 
Only small freestanding ground-mounted signs are permitted. (Ten square feet.)
(4) 
The use of digital signage or flashing signs is not permitted.
(5) 
Overall signage may not be lit from internal lights, only the use of individually internally lit characters on a sign, back-lit signage, or directional lighting shall be used to light signage. The use of flashing or neon lights is not permitted.
(6) 
The appearance and placement of signage shall be subject to Planning Board discretion as part of the site plan review process.
L. 
Other.
(1) 
The use of decorative lighting structures is encouraged to comply with the character envisioned for this area.
(2) 
The maximum height of any lighting structures shall be 16 feet.
(3) 
Fencing placed in the front yard shall be no higher than three feet and shall consist of wood or faux wood picket or ornamental iron construction. A mix of stone, brick, or other masonry wall and fencing may be permitted. The use of stockade, metal, woven wire, or barb wire fences is not permitted in the front yard.