Exciting enhancements are coming soon to eCode360! Learn more 🡪
Town of Elma, NY
Erie County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
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 Transit South (near State Highway 400) Multiple Dwelling Overlay (TSMDO) is established to allow for a variety of types of multiple dwellings in the Transit Road, near State Highway 400 area, as defined below. This area lies within the mixed-use area of the Town's Comprehensive Plan and offers easy access to Route 78 and to Route 400.
The boundaries of Transit South Multiple Dwelling Overlay are in general as follows (see Town Zoning Map for specific location):
All parcels fronting Transit Road between the Route 400 interchange and Seneca Street to the south; including the corner parcel on the south side of Seneca Street (as of the date of enactment of this law). The boundary of the district excludes the rear 100 feet of the parcels, except for the two corner parcels at Seneca Street (no restriction on the back 100 feet of these properties).
The standards of the Transit South 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 Transit South Multiple Dwelling Overlay (TSMDO), 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 agrarian area. Incorporation of elements such as community gardens, picket fences, and other rural atmosphere amenities is strongly encouraged.
The uses that are permitted within the Transit South 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) 
All multiple-dwelling type units as defined in this Zoning Code[1] and as described in Article XVI (Multiple Dwellings), as well as a mixture of these types of uses on one lot.
[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 TSMDO.
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 proposed for the site. 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 Transit South Multiple Dwelling Overlay shall conform to the following requirements and standards:
A. 
Minimum lot size: two acres (minimum lot width of 100 feet and minimum lot depth of 300 feet).
B. 
Density: eight to 12 units per acre (meeting other zoning requirements and any requirements for septic systems).
C. 
Height: 2.5 stories or a maximum of 32 feet.
D. 
Maximum lot coverage. The maximum coverage of the proposed buildings, accessory buildings, driveways, parking areas, and other impervious surfaces is limited to 75% of the entire lot.
E. 
Building setbacks. The following setbacks shall supersede the setbacks of the underlying zoning and apply to all multiple-dwelling developments within the TSMDO to promote the rural atmosphere. Where a setback is not established, the underlying setback shall be applied.
(1) 
Front building setbacks shall be 100 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.
F. 
Architecture. The architecture and design of any structure within the TSMDO 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 include peak roofs;
(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.
G. 
Site layout. The site layout for a multiple dwelling within the TSMDO 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 building within the TSMDO shall face Transit Road.
(2) 
Accessory buildings will be located behind the structure.
(3) 
Required fifty-foot natural setback buffer at rear of site (no disturbance).
H. 
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 set back from the street right-of-way a minimum of 100 feet.
(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.
I. 
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.
(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.)
J. 
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 designed to complement the architecture of the building.
(2) 
Each building shall be permitted one building sign.
(3) 
Individual building signs shall not be larger than 20 square feet.
(4) 
Building signs shall be completely affixed to a building and shall not protrude from the building more than six inches. An exception may be granted by the Planning Board for a building sign that protrudes from a building by a supporting arm or other ornamental feature of no more than five feet so long as the sign is perpendicular to the building facade and sidewalk and does not obstruct views, cause a safety hazard, or negatively impact the character envisioned for this area.
(5) 
Freestanding signs are permitted, but the restrictions for ground signs, of a maximum of 12 feet in height.
(6) 
The use of digital signage or flashing signs is not permitted.
(7) 
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.
(8) 
The appearance and placement of signage shall be subject to Planning Board discretion as part of the site plan review process.
K. 
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.