Town of Evans, NY Article VI Business Districts

[Amended 7-20-1998 by L.L. No. 3-1998; 10-2-1996 by L.L. No. 10-1996; 7-7-1999 by L.L. No. 4-1999; 7-5-2000 by L.L. No. 7-2000]

§ 200-20 Neighborhood Business District (NB).

A. Intent. The intent of the Neighborhood Business District is to provide areas within the Town that meet the needs of residential neighborhoods without adversely affecting their character. The regulations of this district allow for the establishment of minor commercial uses and structures that are in harmony with the surrounding neighborhood. Preserving the character of the area, by focusing on aesthetics, public safety and welfare, and pedestrian access, is a high priority and is encouraged to provide an environment that compliments the surrounding land uses.

B. Permitted uses. The following uses are permitted in the Neighborhood Business (NB) District:

(1) Principal structures and uses.

(a) Retail trade only.

[1] Food store under 6,000 square feet.

[2] Bakery and confectionery shops, including the manufacture of baked and confectionery goods primarily for on-site retail sale.

[3] Apparel and accessories store.

[4] Home furnishing store.

[5] Restaurant, sit-down and/or takeout.

[6] Drugstore.

[7] Liquor store.

[8] Antiques and secondhand merchandise store.

[9] Book and stationery store.

[10] Sporting goods and bicycle store.

[11] Neighborhood tavern, not exceeding 3,500 square feet.

[12] Jewelry store.

[13] Churches, synagogues and other places of worship.

[14] Bait shop.

[15] Laundromat, dry-cleaning and dyeing outlets and pickup station.

[16] Photographic store.

[17] Florist.

[18] Cigars and cigarettes shop.

[19] Newspaper and magazine shop.

[20] Gifts, novelties, sundries and souvenirs shop.

[21] Optical goods and sales.

[22] Hardware store, not exceeding 3,500 square feet.

[23] Farmers market.

(b) Other uses.

[1] Beauty and barber shop.

[2] Apparel repair and alterations and shoe repair shop.

[3] Finance, insurance, real estate services and travel agencies.

[4] Medical and other health services.

[5] Legal, engineering, architecture, educational and scientific research, accounting, auditing and bookkeeping and community planning services.

[6] Day-care center, nursery school and other private preschool facilities (special use permit required).

[7] Art, dance, photography or music studios.

[8] Printing and photocopying store.

(2) Accessory structures and uses.

(a) Uses and structures customarily incidental to the above.

(b) Dwelling units not exceeding 50% of the gross floor area of the structure.

(c) Signs, as permitted and regulated in compliance with § 200-29 of this chapter.

(d) Off-street parking, loading and stacking spaces or structures, as permitted and regulated in compliance with § 200-27 of this chapter.

(e) Landscaping, as regulated in compliance with § 200-28 of this chapter.

(f) Gasoline pumps incidental to a permitted retail food store or bakery shop.

C. Design regulations.

(1) Minimum lot size: 1/2 acre.

[Amended 5-26-2010 by L.L. No. 1-2010; 8-17-2016 by L.L. No. 5-2016]

(2) Minimum lot width: 50 feet.

(3) Minimum yards for structures and parking, loading and stacking areas:

	Yard	Structures (feet)	Parking, Loading and Stacking Areas (feet)
	Front, from right-of-way of a dedicated street	40	30*
	Side, abutting a nonresidential district	None; or, if separated, a minimum of 10	10*
	Rear, abutting a nonresidential district	15	10*
	Side and rear, abutting a residential district	25	25*

*NOTE: Entire area must be landscaped in compliance with § 200-28 of chapter.

(4) Maximum building height: 30 feet.

(5) Maximum lot coverage: as use, yard and off-street parking, loading and stacking and landscaping requirements permit in compliance with § 200-27 and § 200-28 of this chapter.[1]

[1] Editor's Note: Firmer Subsection C(6), Enclosure, which immediately followed this subsection, was repealed 8-17-2016 by L.L. No. 5-2016.

§ 200-20.1 Waterfront Mixed Use District Design Standards.

[Added 9-20-2017 by L.L. No. 7-2017[1]]

A. Introduction.

(1) Purpose.

(a) The Town of Evans 2017 Local Waterfront Revitalization Program (LWRP) update recognizes the community's desire to reinforce the waterfront character of the Town and to provide a vibrant economic environment. These updates include improved interaction with the waterfront (both visually and physically), building and site aesthetic improvements, and creating ways to culture a lakeside village setting. The Waterfront Mixed Use District (WMU) is established to support the goals of the LWRP through an integrated design approach with the following purpose:

[1] Regulate development to emphasize physical form and character of place in order to enhance and encourage greater access to the waterfront and relate to its waterfront setting.

[2] Foster the opportunity to enhance the diversity of uses of which are suitable for a lakeside town.

[3] Development should assist in enhancing a waterfront character through compatible architectural styles, elements, details and materials. This includes site elements that are integral to complete systems.

[4] Encourage the appropriate design, scale and mix of development to promote the creation of a continuous, pedestrian-friendly mixed-use center.

[5] Preserve, enhance and build upon assets of the local and regional history.

(b) The WMU District shall encompass the land shown on the Official Town of Evans Zoning Map, which generally includes land fronting Lakeshore Road: south of Lake Street to north of Iroquois Street and Evans Town Park, south of Dawn Avenue to north of Garfield Avenue, and 6892 Lakeshore Road. The district has potential to be expanded if the necessity arises to accommodate changing needs of the community.

(c) Historically, these neighborhoods were developed as a seasonal resort community offering weekend and summer vacation homes for residents in the City of Buffalo and the surrounding Western New York region. The neighborhoods have commercial centers located along Lake Shore Road that feature a small group of restaurant and entertainment establishments along with local service and retail. Design guidelines and zoning are designed to ensure that the form of new or expanded commercial/multifamily development strengthens the desired waterfront character and provides visual and physical access to the waterfront.

(2) District established. The Town of Evans Waterfront Mixed Use (WMU) Zoning District is hereby established as depicted on the Official Town of Evans Zoning Map.[2] The regulations described herein establish the desired development pattern, form, massing, density, site layout and architectural detailing for the WMU District. Given the varied context of the surrounding neighborhoods, there is a need for clear standards that meet the goals and objectives of the community while allowing for flexibility and creativity. These regulations provide the necessary framework for high-quality development and flexible design alternatives.

[2] Editor's Note: The Zoning Map is on file in the Town offices.

(3) Conflicts and compliance with other regulations. All development must continue to maintain compliance with all applicable codes and regulations, including, but not limited to, the Building Code of New York State,[3] which shall supersede where conflicts exist with the WMU District. These regulations shall supersede where conflicts exist with the remaining chapters of the Code of the Town of Evans.

[3] Editor's Note: See NY Exec § 370 et seq.

(4) Applicability, review, approval and permit process. The WMU District regulations shall apply, in whole or in relevant part, to all applications commenced from the date of adoption by the Evans Town Board.

(a) These regulations shall apply to all proposed actions within the WMU District which include one or more of the following activities:

[1] Any new development or new building;

[2] The addition of any stand-alone building to an already developed site;

[3] Alteration or addition to any existing building that increases the gross floor area by at least 10% or more than 1,000 square feet, whichever is less;

[4] Alteration to an existing building where 50% or more of the original structure is demolished and rebuilt;

[5] Installation of new curb cuts on any public street;

[6] A change or addition of facade materials and/or design greater than 200 square feet (only § 200-20.1F and § 200-20.1G shall be applicable);

[7] Installation of new signage (only § 200-20.1H shall be applicable);

[8] Any expansion, substantial modification or substantial reconstruction of a parking lot or driveway footprint (only § 200-20.1D and E shall be applicable);

[9] Changes to parking, loading and service arrangements or access management such as entry/exit, cross access, or circulation (only § 200-20.1B, D and E shall be applicable);

[10] Installation of landscaping features (only § 200-20.1E shall be applicable);

[11] Installation of above-grade utilities [only § 200-20.1C(4) and E shall be applicable).

(b) Existing single-family and two-family structures within the WMU District are not required to adhere to these design standards.

(c) Applications for site plan review submitted for any new development located within or proposed to be located within the WMU District shall conform to the site plan submittal and review requirements outlined in § 200-42 of this chapter and, additionally, shall also include the following:

[1] A color rendering showing building elevations; and

[2] A description of the types of materials to be used on the exterior of the building.

(5) Design objectives. The design objectives presented below are included to assist with the interpretation and administration of the regulations described in § 200-20.1.

(a) Maximize transparency between the sidewalk and building interior for commercial uses.

(b) Design attractive and engaging buildings that address the public realm on all visible sides.

(c) Provide a commercial use within every site.

(d) Residential is precluded from the ground floor and may be included on upper floors.

(e) Provide landscape and hardscape areas that are designed as integral features of the land use and that promote a waterfront character.

(f) Improve pedestrian experience and safety through the provision of public amenities such as ample sidewalks, buffer landscaping, seating, public art and crossing aids.

(g) Promote multistory buildings to improve the corridor's urban form and street presence.

(h) Orient buildings on the east side of Lakeshore Road fronting the street. Orient buildings on waterfront parcels on the west side of Lakeshore Road fronting the lake.

(i) Locate parking behind (opposite the front), beneath or within structures.

(j) Encourage shared parking facilities and cross access between privately owned parking facilities.

(k) Provide pedestrian-scaled lighting proportional to the site and building served.

(l) Design the scale and style of architecture to complement the desired waterfront character of the Town.

(m) Promote a "build-to" line that strengthens opportunities for the pedestrian realm and outdoor seating.

(n) Favor pedestrian safety and experience while balancing the needs of the automobile.

(o) Promote outdoor spaces and lake views.

(p) Parking structures will not qualify as commercial use.

(6) List of permitted uses. The following are permitted uses for the Waterfront Mixed Use (WMU) Overlay District and shall apply above and beyond the uses permitted in the underlying zoning district.

(a) Principal structures and uses:

[1] Food store under 6,000 square feet.

[2] Bakery and confectionery shops, including the manufacture of baked and confectionery goods primarily for on-site retail sale.

[3] Apparel and accessories store.

[4] Home furnishings store.

[5] Restaurant, sit-down and/or takeout.

[6] Drugstore.

[7] Liquor store.

[8] Antiques and secondhand merchandise store.

[9] Book and stationery store.

[10] Sporting goods and bicycle store.

[11] Neighborhood tavern, not exceeding 3,500 square feet.

[12] Jewelry store.

[13] Churches, synagogues and other places of worship.

[14] Bait shop.

[15] Photographic store.

[16] Florist.

[17] Cigars and cigarettes shop.

[18] Newspaper and magazine shop.

[19] Gifts, novelties, sundries and souvenirs shop.

[20] Optical goods and sales.

[21] Hardware store, not exceeding 3,500 square feet.

[22] Farmers market.

[23] Beauty and barber shop.

[24] Apparel repair and alterations and shoe repair shop.

[25] Finance, insurance, real estate services and travel agencies.

[26] Medical and other health services.

[27] Legal, engineering, architecture, educational and scientific research, accounting, auditing and bookkeeping and community planning services.

[28] Day-care center, nursery school and other private preschool facilities (special use permit required).

[29] Art, dance, photography or music studios.

[30] Printing and photocopying store.

[31] Bed-and-breakfast establishments, hotels, motels, inns, and tourist homes.

[32] Museums and libraries.

[33] Parks and other public buildings or spaces.

[34] Building, mixed-use with dwelling units located on upper floors only.

[35] Dwelling, multifamily. Note: Residential use is not allowed on the ground floor.

[36] Townhouse or townhome. Note: Residential use is not allowed on the ground floor.

(b) Accessory structures and uses:

[1] Uses and structures commonly incidental to the above.

[2] Signs, as permitted and regulated in compliance with § 200-20.1H and § 200-29 of this chapter.

[3] Off-street parking, loading and stacking spaces or structures, as permitted and regulated in compliance with § 200-27 of this chapter.

[4] Landscaping, as regulated in compliance with § 200-28 of this chapter.

[5] Outdoor dining, sitting, and display areas.

(c) Prohibited uses. The following uses are specifically prohibited in the WMU Overlay District:

[1] Drive-through establishments or establishments consisting of a drive-through.

[2] Motor or recreational vehicle or heavy equipment sales, rental, service, washing, or storage establishments.

[3] Gasoline stations or gasoline pumps.

[4] Warehousing or storage facilities.

[5] Wholesale establishments that are not open to or do not offer sales to the general public.

[6] Laundromat, dry-cleaning and dying outlets and pickup station.

[7] Private parking lot (as exclusive or primary use).

(7) Building and area requirements.

Table 1
Summary of Building and Area Requirements
Building or Area Requirement	Regulation	Reference Standard in § 200-20.1
Front yard building setback	15-30 feet from street right-of-way for nonwaterfront lots 140-170 feet from waterside lot line for waterfront lots	B(2)(a)-(d)
Side yard building setback	None required for contiguous buildings, otherwise 8 feet minimum or 25 feet minimum where commercial use abuts a residential district or 10 feet minimum where residential use abuts a residential district	B(2)(f)
Rear yard building setback	15 feet minimum or 25 feet where lot abuts a residential district	B(2)(g)
Parking/driveway setback	10 feet minimum side yards and rear yards or 15 feet minimum side and rear yards where commercial use abuts a residential district	B(8)(f), D(2)a
Off-street parking requirement	The Planning Board may approve the reduction in the number of off-street parking spaces required in § 200-27 for a site by up to 25% in order to encourage shared parking, minimize the amount of impervious area on a site, promote mixed-use developments, and encourage the walkability of the area	§ 200-27
Building height	Minimum 2 usable stories; 14 feet minimum height of ground floor for commercial buildings; 40 feet maximum building height to the eave, except 50 feet to the eave is permissible if the portion of the building at this height is set back a minimum of 150 feet from a residential district	F(2)(f), (g), (i)
Building coverage	Maximum 15,000 gross square feet per story	F(2)(c)
Building transparency	40% minimum between 3 feet and 10 feet above grade for first floors	F(3)(c)
Building use	Residential use is precluded from the ground floor	F(2)(h)

B. Site planning and design.

(1) Overview. Site planning standards primarily address the organization of a project's components, such as building orientation, setbacks, circulation and the relationship of site elements. The location of buildings and site features and the organization of circulation patterns for vehicles and pedestrians are critical to the design and provision of a pedestrian-friendly atmosphere that is visually appealing, safe and convenient for all users. High-quality site design along the street places structures and pedestrian spaces close to the street line and parking areas to the rear, with a focus on creating a sense of place and an environment that fosters strong interaction between pedestrians, buildings and the street. High-quality site design along the waterfront preserves sightlines to the water, orients the structures and outdoor spaces towards the water, provides public access to the waterfront and fosters strong interaction between pedestrians, buildings and the waterfront.

(2) Building orientation and setback. Buildings should preserve the streetwall and define boundaries of public, semipublic, and private space.

(a) For a nonwaterfront lot, the side facing the street shall be considered the "front." Buildings located on a nonwaterfront lot shall be oriented such that the facade facing the primary street is substantially parallel to said street.

(b) Buildings on a nonwaterfront lot shall have a front setback within a range of 15 to 30 feet from the street right-of-way line or the average setback of existing principal structures on adjacent parcels within 200 feet, whichever is lesser (Figure 2).

(c) For a waterfront lot, the side facing the water shall be considered the front. Buildings located on a waterfront lot shall be oriented to optimize view of the water from the buildings, to preserve sightlines from the street through the site to the water and to create outdoor pedestrian spaces along the waterfront.

(d) Buildings on a waterfront lot shall have a minimum front setback in the range of 140 to 170 feet from the waterside lot line or the average setback of existing principal structures on adjacent parcels within 200 feet, whichever is lesser (Figure 3).

(e) Buildings fronting on two or more streets shall be determined to have an equal number of primary facades unless said street is classified as an alleyway.

(f) Buildings shall have a minimum side yard setback of eight feet minimum or 25 feet minimum where commercial use abuts a residential district or 10 feet minimum where residential use abuts a residential district. If building is contiguous to a building on an adjoining parcel, no side yard setback is required on that side.

(g) Buildings shall have a minimum rear yard setback of 15 feet or minimum 25 feet where the lot abuts a residential district.

(h) Buildings on corner lots shall be set back from each street as specified above or the minimum distance practical to afford adequate sight distances for motorists and pedestrians as determined by NYS DOT highway standards, whichever is greater.

(i) Accessory structures shall not be greater than 18 feet in height and shall be set back from any property line abutting a residential district boundary a distance at least equal to the height of the structure.

(3) Lots with multiple buildings. Large development projects comprised of multiple structures shall create a unique sense of place.

(a) Lots with multiple buildings shall include pedestrian connections between adjacent uses, structures and parking areas (Figures 4 and 5).

Pedestrian connections between buildings link retail establishments with parking and public gathering spaces to create a vibrant pedestrian experience.

Figure 5 depicts a multiple-building development with shared parking in the rear. This concept provides a common pedestrian network and plaza space that connects each building entry with the shared parking lot and the front sidewalk along the street.

(b) Multiple buildings shall create a well organized, accessible and functional site. The site layouts should create a unique sense of place without large parking lots devoid of landscaping or pedestrian accommodations.

(c) Common or shared parking facilities and access for projects with multiple buildings shall be required to the extent practical or feasible, as determined by the Planning Board, to decrease the amount of impervious surface, increase open space and reduce curb cuts (Figure 6). See § 200-20.1D.

Figure 6 illustrates a shared parking arrangement as part of a larger development project with multiple buildings. The arrangement of the parking area and landscaping elements is covered in Subsections D and E, respectively.

(4) Building entry. Buildings shall be accessible from a primary street.

(a) A primary entrance shall face the primary street (Figure 7). A side or rear entry shall also be permitted depending on the site layout.

Figure 7 depicts a primary entrance along the primary street that is well-defined and provides a clear visual cue to pedestrians on where to enter the structure.

(b) The placement of building entrances shall be of a similar rhythm and spacing to existing structures on the same street (see Figure 8).

The even spacing (x) of entrances along the primary street is important to the development of streetscape rhythm and provides a sense of scale and comfort to pedestrians as they traverse the corridor. Uneven spacing (y) creates a sense of discord.

(c) Buildings fronting on two streets shall have a primary entry on either the primary street or at the corner facing the intersecting streets.

(d) Primary entries shall receive design considerations, details, and treatments consistent with primary facades and shall meet the standards set forth in § 200-20.1G(5).

(e) Primary entrances shall be prominently designed and constructed to provide visual cues to pedestrians independent of site or building signage [see Figure 7 and § 200-20.1G(5)].

(5) Sidewalks. Sidewalks shall provide safe pedestrian movement along buildings and within parking areas.

(a) Sidewalks shall have a minimum width of five feet. Wider sidewalks may be required at the discretion of the Planning Board.

(b) Where a public sidewalk along Lake Shore Road does not exist, one shall be provided along the entire Lake Shore Road frontage of a lot, to be located within the Lake Shore Road right-of-way.

(c) Public access, 10 feet in width, shall be provided to the waterfront.

(d) Sidewalks shall be constructed to provide access from all principal building entrances to the sidewalk system and parking areas (Figures 9 and 10).

(e) As necessary, sidewalks shall traverse parking lot medians, end islands and between buildings to permit safe and efficient pedestrian travel (Figures 9 and 10).

(f) Sidewalks abutting a public street shall be constructed of poured concrete or concrete pavers within a concrete border. However, sidewalk material shall be consistent along the entire length between cross streets. Other sidewalks may be constructed of poured concrete, brick, or concrete pavers. Asphalt sidewalks are not permitted.

(g) An application subject to review under these design standards and approved hereunder need not obtain a separate sidewalk construction permit.

(6) Pedestrian and vehicular circulation. Pedestrians and motorists shall be afforded safe, convenient and efficient circulation.

(a) Pedestrian and vehicular circulation patterns shall be designed to minimize potential conflicts between vehicles and pedestrians and to provide enhanced separation.

(b) Safe, convenient and efficient pedestrian circulation patterns shall be provided between structures in a multiple-structure development [see § 200-20.1B(3) and Figure 11].

Pedestrian zones and vehicular circulation patterns

should be distinctly separated for safety.

(c) Parking and vehicle circulation patterns shall be designed to reduce speeds and increase pedestrian safety, efficiency and convenience.

(7) Seasonal outdoor seating. Seasonal outdoor seating shall be designed to promote and protect public health, safety and welfare.

(a) The seasonal outdoor seating area must be either:

[1] Separated from any public or private area used for the parking or movement of automobiles by a buffer of at least 10 feet in width or an appropriate DOT approved anti-ram vehicle barrier; or

[2] Located on an elevated platform, constructed of concrete, wood or other sturdy material, at least six inches in height and equipped with an appropriate barrier (see Figure 12).

Outdoor seating should be separated/

buffered from vehicular traffic.

(b) Seasonal outdoor seating shall be contained wholly within the property lines of the establishment.

(c) Tables, chairs, umbrellas, awnings, barriers and any other structures or objects associated with seasonal outdoor seating (outdoor seating elements) shall be of quality design, materials, workmanship and construction, both to ensure the safety and convenience of users and to enhance the visual and aesthetic quality of the urban environment (see Figure 13). In reviewing outdoor seating elements, the Planning and Architectural Review Board shall consider their character and appropriateness of design, including, but not limited to, scale, texture, materials, color and the relation of the outdoor seating elements to the adjacent establishments, to features of structures in the immediate surroundings, as well as to the streetscape and adjacent neighborhood(s), if applicable. Any permanent structural elements shall conform to § 200-20.1G(6) with respect to appropriate building materials.

Outdoor seating is encouraged, capitalizing upon the District's waterfront setting.

(d) Outdoor dining activities and food and/or beverage service shall take place during the hours of operation of the establishment. All outdoor activities shall be subject to other applicable rules and regulations of this Code.

(e) All furniture and fixtures used in conjunction with the outdoor dining and sidewalk cafe must be of a temporary nature, and must be brought in at closing time or otherwise secured during nonoperational hours. No signage shall be permitted to be affixed to any temporary structures.

(8) Driveways and access. The use of shared drives and cross access improves corridor vitality, mobility, and safety.

(a) Shared driveways and cross-axis driveways are encouraged and shall be recorded as an easement and shall constitute a covenant running with the land. Operating and maintenance agreements for these facilities shall also be recorded with the deed.

(b) Absent a showing by the applicant of impracticality, the provision for cross access among adjacent properties shall be required to internalize traffic and reduce turning movements directly onto the street (Figures 14 and 15).

The provision of shared entrances (1) rather than individual drives reduces the number of turning movements onto busy corridors and can enhance internal circulation, especially when used in tandem with cross access between adjacent rear parking lots (2).

The arrows highlight the issues associated with individual access points and a lack of cross access between properties along primary roadways. The numerous turning movements reduce transportation safety, while the constant break in the street line hinders the rhythm of the streetscape and degrades the pedestrian experience.

(c) New construction or improvements shall plan for, accommodate, and/or reserve land for future connections with adjacent properties to facilitate cross access.

(d) Driveways outside the public right-of-way shall be no more than 24 feet in width.

(e) A designated five-foot-wide sidewalk shall be provided between the edge of entry drives and the principal building.

(f) Driveways shall be set back from the side and rear lot lines a minimum distance of 10 feet, or minimum 15 feet where commercial use abuts a residential district.

(g) Driveways shall be offset from principal buildings a distance of no less than five feet, or as required for safe sight distances. Shared drives between two lots within the WMU zone are not required to provide the side yard setback.

C. Site infrastructure and facilities.

(1) Overview.

(a) The design and location of site infrastructure and facilities should be complementary to and appropriate for the principal structure. Where feasible, utilities should be located in side or rear yards, buried underground, and/or screened from view. Those infrastructure elements which cannot be obscured from view should be designed as an integral and aesthetically pleasing feature of the landscape or building (Figures 16 and 17). The intent of these standards is to minimize visual, noise, and other associated negative impacts of site infrastructure and facilities.

Efforts should be made to integrate stormwater management into the numerous small greenspaces within the built environment adjacent to driveways, parking lots, and pedestrian spaces consistent with the most current New York State Stormwater Management Design Manual.

The use of open water detention ponds is not an appropriate stormwater management technique for the WMU District.

(b) For the purpose of § 200-20.1, site infrastructure and facilities shall include, but is not necessarily limited to, the following:

[1] Loading and staging areas;

[2] Service and maintenance areas;

[3] Refuse and material storage;

[4] Vehicle and equipment storage (except parking);

[5] Stormwater facilities and appurtenances;

[6] Aboveground utilities; and

[7] Heating, ventilation and air-conditioning (HVAC) units.

(2) Loading, service, maintenance and refuse facilities. Views of utility, loading and refuse areas shall be obscured from adjacent areas.

(a) Loading docks, bays, and staging and service areas shall be located to the rear of the structure. Side loading areas may be approved at the discretion of the Planning Board with approved screening (Figures 18 and 19).

INAPPROPRIATE	APPROPRIATE
Although this building is constructed to the street line, the loading dock (1) is facing the primary street, presenting visual disruption.	The above detached refuse enclosure is placed at the rear of the building and is composed of like materials as found in the principal structure.

(b) When a loading area abuts a street or residential zone, loading areas shall receive appropriate screening in accordance with 200-20.1E(5).

(c) The staging, storage and parking of vehicles, equipment, or materials as part of a commercial enterprise shall not occur in front yards and shall be screened from view from all streets and surrounding properties.

(d) The storage and/or staging of refuse shall take place in the rear yard and shall be buffered or screened from view from parking facilities, adjacent properties and all streets.

(e) All refuse appurtenances, equipment and containers shall be located within a four-sided enclosure constructed of the same or complementary materials found in the principal structure. Such enclosure shall be constructed to a height not less than one foot above the height of all elements within the enclosure (Figure 19). See also Chapter 168 (Solid Waste) for further regulations regarding refuse.

(f) Gate access to the enclosure shall be located out of direct view from principal building entrances and adjacent residences. Gates shall remain in a closed position at all times other than during refuse pickup or delivery.

(g) HVAC units shall be screened from view from parking facilities, adjacent properties and all streets by means of fencing, landscaping, or other design elements compatible to the building.

(3) Stormwater and green infrastructure facilities. Stormwater management and green infrastructure facilities shall enhance the aesthetic appeal of the Waterfront Mixed Use District. In addition to all applicable requirements provided in Chapter 170 (Storm Sewers), the installation of any stormwater management facility in the WMU District shall be subject to the following:

(a) Stormwater detention or retention ponds are not permitted in front yards.

(b) No stormwater detention facility shall have a permanent pool, and the use of rip-rap and stone fill is not permitted.

(c) Stormwater management facilities shall be integrated into the overall site design.

(d) The use of subterranean storage for stormwater runoff is encouraged where practicable.

(e) The provision of fencing around stormwater facilities is prohibited, unless the Planning Board determines that such fencing provides a positive design element.

(f) Where practicable, the use of green infrastructure design elements, such as, but not limited to, bioswales, rain gardens, bioretention areas, porous pavements, green roofs, and other measures which promote the infiltration, transpiration, and evaporation of stormwater runoff shall be encouraged (Figures 20 and 21).

APPROPRIATE	APPROPRIATE
Porous pavements are encouraged to further facilitate infiltration and slow stormwater runoff. These materials are especially useful along the periphery of parking areas and/or adjacent to bioretention areas.	Where appropriate, bioretention areas and bioswales similar to the above may be used to promote the infiltration of stormwater. These installations would be appropriate in parking lot medians or in linear strips along drive aisles or behind parking lots in lieu of large, unsightly retention facilities.

(g) All stormwater management facilities and green infrastructure facilities shall provide a pleasing aesthetic complementary to the character of the Town.

(h) All green infrastructure design elements, including plantings and pavements, shall be regularly maintained to promote their proper and intended function.

(4) Utilities. Aboveground utilities should be a positive element within the overall design aesthetic.

(a) Where feasible, utility service connections from rights-of-way or easements shall provide subterranean connections to site structures and appurtenances, including, but not limited to, principal structures, garages, storage buildings, and site lighting.

(b) Aboveground utility service connections, appurtenances and fuel pumps shall be located in side yards or rear yards and screened from view from parking facilities, adjacent properties and all streets (Figures 22 and 23). This includes, but is not limited to, generators, transformers, vaults, "hot-boxes," switch-gear, meters, valves, compressors, pumps, control or service panels, or any heating, ventilation and cooling equipment. See also § 200-20.1E(5).

When required to be placed within view of the public, ground-mounted utility boxes should be screened or designed as an integral element within the site.

Ground-mounted utility boxes such as that depicted in Figure 23 shall be placed in rear or side yards with appropriate screening.

D. Parking.

(1) Overview and applicability.

(a) Parking areas should be integrated design components that do not detract from the character of the Town. Parking areas shall be located to the rear of structures, except where the placement in side yards may be determined acceptable by the Planning Board due to site constraints. For a nonwaterfront lot, the side facing the street shall be considered the front, and the parking shall be located behind the structures. For a waterfront lot, the side facing the water shall be considered the front, and the parking shall be located between the structure and the street or in the side yard. (See Figures 24 and 25).

APPROPRIATE - NON-WATERFRONT	APPROPRIATE - WATERFRONT

(b) The requirements of this section are intended to minimize visual, environmental, noise, safety and other associated impacts of parking facilities by regulating their placement, design, and buffering. These standards apply to any parking lot and associated driveways that are:

[1] Newly constructed;

[2] Expanded;

[3] Substantially modified; or

[4] Substantially reconstructed.

(c) For purposes of this section, "substantial modification" shall mean any change in the number or configuration of parking spaces, traffic flow patterns, or manner of ingress or egress. "Substantial reconstruction" shall mean the removal and replacement of more than 25% of the existing paved surface.

(2) Parking location. Parking areas shall be located inconspiciously using the following locations guidelines:

(a) Vehicular parking, standing, loading and dropoff facilities shall be located in rear yards whenever possible and a minimum of 10 feet from side and rear lot lines, or a minimum of 15 feet where the lot abuts a residential district (Figures 26 and 27). A buffer shall be provided adjacent to residential properties as specified in § 200-20.1E(5) and (12).

Vehicular parking lots shall be placed in the rear of the structure. In limited instances, side yard parking will also be permitted subject to conditions and approval as determined by the Planning Board [Subsection D(2)(b)].

Front-loaded parking is not permitted for structures within the WMU District. Projects with multiple structures, some of which may be located in the rear of the lot, may have front-loaded parking on those rear-lot structures only.

(b) Existing parking lots located in the front yard may not be expanded and are encouraged to be converted to green space or pedestrian space.

(c) Upon demonstration of significant site limitations by the applicant, the Planning Board may allow side yard parking. For nonwaterfront lots, side yard parking shall be located behind a line extending from the primary building facade parallel to the street. For waterfront lots, side yard parking shall be set back from the street ("rear" lot line) as indicated above.

(d) For corner lots, side yard parking shall be allowed subject to all other applicable regulations governing side yard parking.

(3) Parking planning and design.

(a) The number of off-street parking spaces required is specified in § 200-27.

(b) Side yard parking and parking on waterfront lots that is located between the structure and the street shall require the installation of an appropriate buffer between the parking lot and street to provide a visual screen (Figures 28 and 29). See § 200-20.1E(5).

When a parking lot is located in a side yard or between building and street (waterfront lot), a buffer composed of vegetation or a combination of structural screen (fencing/wall) and vegetation must be installed between the parking lot and public right-of-way.

Buffers between parking and the street may include a formalized structure that matches the character and materials of the primary building, along with vegetation to buffer the negative visual impacts of parked cars.

(c) Parking lot buffers between parking lots and the street shall be composed of vegetation or a combination of structural screen and vegetation. Structural screen materials shall be similar or complementary to those found on the primary building (Figure 29). See § 200-20.1E(5).

(d) For lots with side yard parking, the linear distance of parking at the front lot line shall not exceed 30% of the total lot width.

(e) For sites proposed with multiple structures, parking shall be centralized and shared.

(f) Where curbing is provided, curbs shall be granite or concrete; asphalt curbing is not permitted.

(g) Adequate provisions shall be made within the project site to accommodate snow removal and storage. Applicants must provide a plan for the location and removal of snow during snowfall events.

(h) Parking lots shall be arranged with vegetated medians, end islands and trees to break up long expanses of paved areas and to provide shade (Figure 30). Medians/end islands can also be utilized for stormwater management and biofiltration of stormwater runoff.

Vegetated end islands and medians shall be provided to break up large expanses of paved areas, define parking spaces, provide spaces to plant trees to shade the asphalt and cars, and can also be utilized for stormwater management and biofiltration.

(i) Vegetated medians and end islands shall be a minimum of seven to 10 feet in width. Trees shall be planted within the medians/end islands.

(j) One vegetated median shall be provided for every 10 continuous spaces.

(k) A vegetated median shall be provided between double-loaded rows of parking.

(l) End islands shall be provided for all parking configurations entirely surrounded by drive aisles, provided such configurations contain more than five spaces in a single row or 10 spaces in a double row.

(m) Upon the satisfactory presentation of significant evidence by the applicant, the Planning Board may approve deviations from parking lot median and end island requirements.

(n) Pedestrian walkways within the vegetated medians are encouraged.

(4) Shared parking. Impervious areas shall be minimized through the use of shared parking.

(a) Where feasible, the provision for shared access and parking among adjacent properties shall be required to internalize traffic circulation and reduce turning movements onto the primary street (Figures 14, 31 and 32).

A primary characteristic of mixed-use corridors is a staggered peak demand for parking spaces. Where the proper mixture and diversity of tenant and land uses permits, shared parking should be explored to provide a more efficient and effective use of aggregated parking spaces in the area.

The individual assignment and isolation of parking lots complicates internal circulation for both motorists and pedestrians. The sharing of parking facilities potentially reduces the amount of pavement and other infrastructure. The above development would have benefited significantly with a site layout that grouped the buildings close together to enhance the synergy and vitality of pedestrian and outdoor spaces while also sharing parking. [See also § 200-20.1B(3) and Figure 14.]

(b) Applicants are encouraged to investigate common or shared parking opportunities between adjacent businesses with differing peak hours.

(c) All parking included under a shared parking agreement shall count towards the numerical requirements for off-street parking as specified in § 200-27. The Planning Board may approve the reduction in the number of off-street parking spaces required in § 200-27 for a site by up to 25% in order to encourage shared parking, minimize the amount of impervious area on a site, promote mixed-use developments, and encourage the walkability of the area.

(d) An applicant proposing to use a shared parking arrangement to satisfy off-street parking requirements shall submit a shared parking analysis as part of its application that demonstrates the feasibility of shared parking. The analysis shall address, at a minimum, the size and type of the proposed development, the anticipated use(s) of the property, the anticipated rate of parking turnover and the anticipated peak parking and traffic load for all uses that will be sharing off-street parking spaces.

(e) The applicant shall furnish sufficient evidence of a viable and legally binding shared parking agreement on behalf of all involved facilities to the Planning Board prior to approval of a shared parking program.

(f) Applicants approved for the use of shared parking within combined parking lots shall not be required to provide the specified setback and buffer requirement along the shared property boundary as otherwise required pursuant to § 200-20.1E(5).

E. Landscaping.

(1) Overview. Landscaping and hardscaping appropriate for a mixed-use waterfront setting should enhance desired views and screen undesirable views. The intent of § 200-20.1E is to maximize the visual, aesthetic, and pedestrian experience of a site through the use of appropriately scaled and designed landscaping (Figures 33 through 35). This section shall also cover the mitigation of visual impacts through the buffering or screening of utilitarian site and building elements. In addition to § 200-20.1E of the design standards, § 200-28, Landscaping regulations of the Town of Evans Code shall also apply unless indicated otherwise. These standards determine the overall amount of planting material to be provided for the landscaping, buffering and screening of individual sites, buildings, and parking areas in the WMU District.

The effective use of plant material helps define a sense of enclosure and volume in outdoor spaces. Plant material should not overpower the surrounding landscape or buildings and should be of a similar scale and height to structures within the District at maturity.

Figure 34 depicts front yard landscaping that reinforces the building's architectural style and directs one's eye toward the entrance.

Plantings that overwhelm the location due to size or habit look unkempt, contribute to a decrease in pedestrian safety and an increase in property maintenance costs. The plantings in Figure 35 are much too large for front yards along the primary corridor.

(2) Landscape design guidance. Landscape should enhance the character of the district through its arrangement, provide shade and screen unsightly uses.

(a) One planting unit equals one shade tree, two ornamental trees, two evergreen trees, five shrubs, 10 perennials, 250 square feet of groundcover or 15 linear feet of decorative planters.

(b) A minimum of one planting unit shall be required for each:

[1] Thirty linear feet, or fraction thereof, of lot frontage along a street; and

[2] Five hundred square feet, or fraction thereof, of building coverage.

(c) At the discretion of the Planning Board, the retention of existing vegetation on site may be utilized to satisfy up to 50% of required planting units.

(d) Each existing mature shade tree with a trunk diameter of six inches or greater when measured at breast height (dbh) may satisfy the requirement for up to two planting units. Other existing trees on site with a trunk diameter between two and six inches dbh may satisfy requirements for up to one planting unit each.

(e) Existing vegetation must be adequately protected during and after construction, and must survive a minimum of two years beyond the completion of construction activities to qualify as required planting units.

(3) Site landscaping. Urban-appropriate landscaping and hardscaping shall enhance and screen views along the street.

(a) Site landscaping shall be required along all property boundaries, except where approved shared-parking lots adjoin abutting properties.

(b) Plantings shall be limited to species that are hardy, salt-tolerant (where planted in proximity to paved surfaces or stormwater runoff), noninvasive to the area, and deer- resistant. Native plants are preferred. Significant deviations from this criteria must by supported by ample evidence by the applicant.

(c) Deciduous trees shall be planted along the lot's street frontage, parallel to the street with a spacing 30 feet to 40 feet on center as appropriate for the species and site constraints. Where overhead wires are present, lower growing species shall be selected and may be planted 20 feet to 30 feet on center as appropriate for the species.

(d) Deciduous trees shall be planted within the medians/end islands at 30 feet to 40 feet on center for shade trees or 20 feet to 30 feet on center for ornamental trees, as appropriate for the selected species.

(e) All plantings shall be contained within a defined and edged plant bed and mulched to a depth of two to three inches. Individual trees shall be provided with a mulch ring of three-foot diameter and three-inch depth (Figure 34).

(4) Foundation landscape treatments. Foundation landscape treatments provide a transition between the building and site.

(a) Front yards shall be landscaped or a mix of landscaping and hardscaping. Landscaped areas in front yards must be a minimum six feet in depth. Hardscape materials may be utilized to provide an extension of the sidewalk and pedestrian zone to the building facade or to provide an outdoor dining or seating area.

(b) Durable containers and permanent landscape planters may be used on site where appropriate. The design and material selection for containers and landscape planters shall be complementary to the architectural style of the principal building. The use of plastic planters is not permitted.

(c) At the discretion of the Planning Board, plantings and mulches may be required to be installed along the foundation of the proposed structure in side or rear yards.

(5) Buffers and screens. High-quality and sensitive viewsheds shall be preserved through appropriate buffering and screening.

(a) Buffer plantings of evergreen/deciduous trees and shrubs, with fencing where appropriate, shall be provided where the use of a buffer or screen is indicated, with visual, noise and air-quality factors considered. The use of individual evergreen trees without associated shrub plantings is not an approved buffer strategy.

(b) A buffer shall be provided along property boundaries adjacent to residential districts.

(c) Parking, loading and stacking areas and driveways located adjacent to residential properties shall be provided with a buffer as specified in § 200-28D(12).

(d) Side yard parking and parking on waterfront lots that is located between the structure and the street shall be buffered from streets with vegetation or a combination of structural screen (no more than four feet high) and vegetation (Figures 36 and 37). The height of the buffer shall be such that it blocks the view of cars from the street but does not inhibit longer views to the water.

APPROPRIATE
The figures above illustrate parking lot buffers that utilize a combination of structural screen and vegetation to provide a visual and physical buffer between a sidewalk and parking area.

(e) Existing parking lots along front yard setbacks shall be buffered from streets or adjacent residential properties as described above.

(f) A buffer shall be provided around aboveground utility service connections and appurtenances located in side yards or rear yards to screen the view from parking facilities, adjacent properties and all streets.

(g) Fencing/structural screening shall be consistent with the primary building materials and § 200-34.

F. Architectural consistency.

(1) Overview.

(a) These design standards seek to preserve and enhance the architectural character of the Town and ensure that development is consistent with the surrounding landscape of the Town. New construction, building additions, rehabilitations, renovations, and/or changes in use must complement the desired waterfront character and improve the experience for pedestrians and motorists. The Town does not seek strict uniformity amongst structures, nor the precise re-creation of historic styles. However, sufficient care and attention must be provided to building design concerning proportion, massing, style consistency, solid-to-void ratios, rhythm, pedestrian scale and detailing such that overall building composition is in harmony with itself, the site and its surroundings.

(b) § 200-20.1F provides standards for the following:

[1] Building form, massing and use;

[2] Commercial character; and

[3] Residential character.

(c) Adherence to these standards will provide a comfortable, enjoyable, and aesthetically pleasing environment within the Waterfront Mixed Use District. The use of familiar building forms, massing, architectural styles, and details is required to complement the Town's desired waterfront character.

The creation of a consistent streetwall is an important design element for pedestrian-friendly and comfortable environments. In addition, enhanced transparency on store frontages and the repetitive rhythm of the entryways creates a vibrant and active streetscape.

(2) Building form and massing. Buildings must be consistent in form and massing with Town character.

(a) New construction must relate to the proportion, massing, and scale of the desired waterfront character (Figures 38 through 45 and 50 through 52).

(b) These standards do not require the precise re-creation of historic styles. Contemporary interpretations in correct proportion, character and style can be utilized to strengthen the identity of new buildings.

(c) The maximum gross building area for each story of a single building shall be 15,000 square feet.

(d) In instances where the front facade is greater than 50 feet in width, delineations and treatments, such as a recess or projection that varies the depth of the building wall, shall be used to break up its appearance (Figures 40, 42 and 43).

(e) Structures shall incorporate fascia, canopies, arcades, setbacks, recesses, projections or other design features to compose wall surfaces of 600 square feet or less to avoid large, undifferentiated walls.

(f) New construction and additions fronting on the primary street shall be a minimum of two usable stories. The overall maximum building height shall be 40 feet to the eave, except 50 feet to the eave is permissible if the portion of the building at this height is set back a minimum 150 feet from a residential district.

(g) The height of the first floor of commercial buildings shall not be less than 14 feet where § 200-20.1G(4)(g) does not apply (Figure 41).

The added height of the first floor provides continuity and adds a sense of prominence to the lower levels of the buildings.

(h) Residential use is precluded from the ground floor.

(i) The maximum building height at the minimum side and rear setbacks abutting a residential district is 26 feet [see § 200-20.1F(2)(f)-(g)]. Buildings taller than 26 feet or two stories, whichever is less, must include an additional setback such that for each additional story of x feet in height, that story is stepped back a minimum of x feet (see Figure 42).

(j) For buildings with multiple storefronts, there shall be a direct correlation between the delineations of interior tenant spaces and exterior facade treatments.

(3) Commercial building character. Commercial buildings must allow for the mixing of uses in upper stories.

(a) New construction, building renovations, and building additions shall complement the desired waterfront character by utilizing Cape Cod or American Colonial architectural styles (Figures 38 through 45 and 50 through 52).

(b) Buildings shall have a solid-to-void ratio created by window openings and wall surfaces that is consistent with typical Cape Cod or American Colonial architectural styles. A similar or complementary ratio shall be provided or maintained on existing structures upon renovations or changes in building use.

(c) All new or renovated commercial buildings with frontage on public streets shall provide areas of transparent glazing equal to or greater than 40% of the wall area between the height of three feet and 10 feet from the ground.

(d) Tinted glazings that reduce transparency of first floors shall not count towards the minimum transparency requirement [See also § 200-20.1G(3)]. Low thermal emissivity coatings do not constitute tinting.

(e) Commercial buildings shall provide visual distinction between the first floor and upper floors through the use of appropriate architectural elements, details, materials and/or color.

(f) Commercial buildings shall have pitched roofs, not flat roofs. However, a partial flat roof is allowed for the purpose of a rooftop patio for commercial dining.

(g) Grade-level patios and upper level balconies shall be provided to promote outdoor spaces and lake views (Figures 43 through 45).

This new building embodies a waterfront character, maintains an active storefront, provides visual distinction between the first floor and upper floors, displays a prominent entrance, and incorporates outdoor seating and pedestrian spaces.

APPROPRIATE Figures 44 and 45 demonstrate the incorporation of a rooftop patio into a pitched roof.

APPROPRIATE

Structures such as those found in Figures 46 and 47 do not relate to or complement desired waterfront character of the WMU District.

Additions such as that depicted in Figure 48 do not relate to the existing building and shall be avoided.

The elimination of windows (figure 49) is not appropriate for the adaptive reuse of existing structures.

Figure 50 depicts the inclusion of patios and balconies to take advantage of water views.

Figure 51 depicts an effective use of architectural details to provide visual distinction between the first floor and upper stories while maintaining transparency.

Figure 52 provides an appropriate example of new development that successfully utilizes waterfront-appropriate design cues from Cape Cod and American Colonial architectural styles and differentiates the first floor from upper stories.

G. Architectural details.

(1) Overview.

(a) Architectural details shall complement and enhance overall building composition, and shall be appropriate to the style and character of the building, the site, and the surroundings (Figure 53). A lack of architectural detail and ornamentation leaves the building devoid of interest (Figure 54), an overabundance of which creates a confusing and jumbled appearance. The use of details shall be kept consistent with buildings of a similar architectural style, yet should also be utilized to supply a unique identity for the structure. For example, window and door trim should call attention to and accentuate openings without dominating or confounding the building facade.

Architectural details such as cornice lines, pilasters, and recessed windows finish a building facade and are extremely important in developing a sense of place and strengthening the identity of the Waterfront Mixed Use District as a vibrant and active community center.

A lack of architectural detail coupled with the improper utilization of building materials and design proportions can reduce the visual appeal and economic value of structures within the Waterfront Mixed Use District.

(b) § 200-20.1G provides standards for the following:

[1] Building base and foundations;

[2] Building glazing;

[3] Roofs, cornices and overhangs;

[4] Doors and entryways; and

[5] Building materials.

(c) Applicants shall utilize the treatment of windows, entrances, awnings, storefronts and building bases to ensure the structure makes a prominent statement without overpowering the Waterfront Mixed Use District.

(2) Building base and foundations. The building base shall visually highlight the connection between the structure and the site.

(a) A formal building base shall be distinguished from the upper portions of the structure through a change of materials, color, texture and/or projection (Figures 53 and 55).

The highlighting of the building base (1) anchors the structure to the site and provides visual distinction between the ground plane and the structure. Material selection shall complement the architectural style of the building and the waterfront setting.

The building facade shall not abruptly end at the sidewalk (2). The building shall have a base of material that anchors the structure to the site.

(b) The base treatment shall be continuous along facades facing streets and parking areas.

(c) The building base shall be included on all primary facades, and shall complement the architectural style and window and door fenestrations.

(d) Foundations of masonry block or poured concrete shall not be left exposed and shall be adorned with appropriate finishing materials in character with the structure base and vernacular to the region.

(3) Windows. Windows shall be used to add transparency, interest, and rhythm to the building facade.

(a) Windows shall be of a scale, proportion and extent appropriate to the overall architectural style of the building (Figure 57).

(b) Window openings shall be trimmed with an appropriate material (brick, stone, wood, wood-like, cementitious board) to provide added definition to the overall facade (Figures 57 and 58).

This structure provides a high quality example of building-appropriate window proportions, trim details, building base and solid-to-void ratios.

The wrapping of primary storefront windows around the corner of a building enhances the pedestrian experience and adds a higher level of architectural character and detail to the structure.

(c) The rhythm and ratio of solids to voids for building additions and expansions shall be similar to those of the region's desired waterfront character.

(d) At street corners, public spaces and along pedestrian walks, commercial building storefront windows shall wrap the building corner and provide enhanced transparency and added architectural interest to the first floor (Figure 58).

(4) Roofs, cornices, eaves, overhangs and parapets. Roofs and cornices are crucial components of the building facade.

(a) Elements that define the roof and the upper quartile of the facade shall incorporate design details that provide an added level of detail and articulation to the architectural expression of the building (Figures 57 and 59).

The upper quartile of the structure pictured provides a high level of detail and ornamentation which caps the structure, while the lower quartile of such structure also defines the break between the ground floor and upper stories.

The building in Figure 60 does not provide any meaningful architectural detail at the roofline, nor do the scale and proportion of the existing design elements complement the surroundings.

(b) The choice of design elements and their scale, height, proportion and mass should draw from design cues provided by the desired waterfront character.

(c) Rooflines shall be in character with the overall architectural style of the building and those vernacular to Western New York State. For example, gable, gambrel, mansard, shed, and hip roofs are common within the region.

(d) Cornices shall be used to differentiate and enhance the vertical composition of the building facade (Figures 61 and 62).

(e) The use of awnings, canopies, recessed entries and other design elements is encouraged to define the first floor and provide shelter to entryways (Figures 61 and 62):

Awnings are a high quality design element that define the purpose and volume of outdoor spaces. They also add visual variety and distinction to building facade components. The building pictured also displays a significant amount of transparency and the successful use of a cornice to differentiate the first floor from upper stories.

These structures have continuous cornice and trim lines, and provide a high quality rhythm to the streetscope.

(f) Overhangs and canopies should be architecturally consistent with or complementary to the remainder of the building.

(g) To the extent practicable, building stories, cornice lines and other horizontal trim lines for infill development shall have continuity with adjacent buildings (Figure 62).

(5) Building doors and entries. Entries shall provide a welcoming experience for building patrons.

(a) All entries shall be designed as an important feature and visual cue of the building facade.

(b) Doors and entryways shall be of a scale, proportion and coverage appropriate to the overall style of architecture of the building (Figure 63).

Figure 63

This entrance possesses a sense of importance and draws visitors from the sidewalk into the structure [§ 200-20.1G(5)(a)]. The lack of transparency into the structure is balanced by the level of architectural detail and selection of materials.

(c) Commercial buildings shall have a transparent primary entry that will be considered as part of the overall transparency requirement for the building frontage [See § 200-20.1F(3)(c)].

(d) Primary entries shall be detailed and highlighted through the use of trim, moldings, overhangs and/or other defining architectural features such that its purpose as the primary entrance is evident from the street. Similar treatment is encouraged for all entryways near parking locations (Figure 64).

The active and transparent storefronts pictured above utilize a recessed entry to provide visual distinction and a visual cue on where to enter the structure.

(6) Building materials. Building materials shall evoke the character, style and purpose of the structure.

(a) Along street frontages, all exterior building walls and structures shall be constructed with durable materials such as masonry, stone, metal, brick, and finishing wood (Figures 38 through 41, 43, 50 through 53, 55, 57 through 59, 61, and 62).

(b) Changes in materials shall occur at inside corners. Material or color changes at the outside corners or within a plane is not permitted.

(c) Primary facade materials shall be wrapped onto secondary facades for a distance of no less than 10 feet or that which is architecturally consistent with building fenestration.

(d) Standard masonry block walls are prohibited on any primary facade.

(e) Decorative masonry materials such as split face and textured finish blocks are discouraged, but may be considered an acceptable facade material at the discretion of the Planning Board.

(f) Exterior finishing materials for renovations, additions, and rehabilitations shall be consistent with those being retained on existing and adjacent traditional structures.

(g) The following materials or systems shall not be utilized on finished building or signage exteriors:

[1] Direct-applied finish systems (DAFS);

[2] Vertical aluminum, metal or vinyl siding;

[3] T-111 siding;

[4] Glass block;

[5] Spandrel glass or glass curtain walls;

[6] Plywood;

[7] Asphalt shingles;

[8] Unfinished wood;

(h) The following materials or systems may be utilized at the discretion of the Planning Board:

[1] Vinyl siding.

(i) Exterior insulation finish systems (EIFS) shall not be utilized as a primary building material, but may be utilized, at the discretion of the Planning Board, as a decorative or complementary material on upper stories only.

The use of inappropriate materials and finishes diminishes the visual quality of the structure and adjacent buildings. In this example, although the structure has a high quality storefront, the use of vinyl siding above the first story, over what was likely masonry construction, reduces the overall appeal of the building.

H. Signage.

(1) Overview.

(a) Signs are important components of the streetscape. They do more than communicate information. Through the quality of their design, signs can both contribute to (Figure 68) and diminish (Figure 69) the character or appearance of structures and urban corridors. The purpose of the standards presented in § 200-20.1H and § 200-29, Sign regulations, are to promote visual cohesiveness within the streetscape through signage that is harmonious with building architecture and the character of the surrounding area, while affording businesses an opportunity to adequately and feasibly advertise their enterprise. Signs within the MWU District should serve as attractive accents that inform visitors of the goods and services available, while promoting a higher standard of visual quality that protects, preserves, and enhances the economic and aesthetic value of the community.

(b) § 200-20.1H provides signage standards covering the type, style, height, size and placement of signs. In addition, the images presented constitute generally acceptable signage variations. These examples are not intended to provide a limited palette of design options, but to establish a baseline of acceptability. The design standards allow some flexibility in the design of signage and encourage applicants to be creative in the design of signage. The standards have been developed to offer guidance in designing signage that is encouraged.

(c) § 200-20.1H includes the following standards:

[1] Signage design guidance;

[2] Building signs;

[3] Freestanding signs.

(2) Signage design guidance. Signs should enhance the character of the district while affording businesses an opportunity to adequately and feasibly advertise their enterprise.

(a) Any illuminated sign or lighting device used to illuminate a sign shall employ only LED (light-emitting diode) sources emitting a light of constant intensity, and no sign shall be illuminated by or contain flashing, intermittent, rotating, or moving lights. In no event shall any illuminated sign or lighting device used to illuminate a sign be placed so as to permit the beams and illumination therefrom to be directed upon a public street, highway, sidewalk, or adjacent premises so as to cause glare or reflection that may constitute a traffic hazard or public nuisance. The full number of illuminating elements of a sign shall be kept in working condition or immediately repaired or replaced when not in working order. Overhead wires or exposed wires on a sign or its supporting structures are prohibited.

(b) Where a sign has only two faces that are back to back and cannot be viewed concurrently, the area of one face shall be the face area of the sign. Where multiple faces can be viewed concurrently, the cumulative area of all faces of the sign shall make up the total face area of the sign. No sign shall have more than two faces.

(c) Prohibited signs. The following sign types are prohibited within the MWU District:

[1] Flashing signs. No sign shall be illuminated by lights that are not of constant intensity or that contain flashing, intermittent, rotating, or moving lights.

[2] Electronic message signs. No sign or part of a sign shall incorporate a programmable electronic message component.

[3] Signs on public property. No sign shall be located within a public right-of-way or on other public property without authorization from the Code Enforcement Officer.

[4] Rotating, revolving, or moving signs. No sign or part of a sign shall rotate, revolve, or involve any other movement.

(d) Obstructing signs.

[1] No sign shall be located in a manner that creates a traffic hazard by obstructing the view at any street intersection or by design resemblance, through color, shape, or other characteristics, to common traffic control devices.

[2] No sign shall prevent or obstruct ingress and egress of any walkway, door, window, or fire escape.

(e) Billboards. No sign shall be designed and/or used to attract attention to a place, commodity, service, activity, event, person, institution, organization, or business not available or located on the premises where the sign is located.

(f) Signage on motor vehicles/trailers. No sign shall be located on a motor vehicle or motor vehicle trailer in which:

[1] The motor vehicle is not operable.

[2] The motor vehicle does not display a valid vehicle registration.

[3] The sign advertises a place, commodity, service, activity, event, person, institution, organization, or business that is not directly related to the operation of the motor vehicle/trailer.

(g) Roof signs. No sign shall be erected, placed, constructed, supported, or located upon the roof or above the roof line of the face of the building on which it is mounted (Figure 68).

The above sign has quality architectural details that are appropriate for the building, but its location above the roofline is inappropriate for the desired character of the MWU District.

(3) Building signs. These standards have been developed to offer applicants guidance in designing signage that is encouraged. The following building-mounted sign types are permitted, subject to the following standards, and require a permit from the Code Enforcement Officer:

(a) Building signs shall be permanently affixed to the building.

(b) Total maximum sign face area of all building signs, other than under-canopy signs or signs not requiring a permit, shall be as indicated in Table 200-20.1A, Maximum Building Sign Face Area.

Table 200-20.1A Maximum Building Sign Face Area
Building Frontage
Maximum sign face (square feet)	Less Than 80 Feet 40	80-159 Feet 60	160 Feet or Greater 80

(c) The total maximum face area that building signs shall be permitted to occupy is related to the scale of the building and the size of the front side of the building, known as the "building frontage." Where a building fronts on more than one street, the building frontage shall be that facing the street with the greatest amount of street frontage.

(d) Flush building signage. Signs mounted parallel (flush) to a building surface shall not protrude more than 12 inches from the building surface.

(e) Projecting building signs. Signs mounted perpendicular to a building surface (projecting signs).

[1] Shall be attached to the building at a ninety-degree angle.

[2] Shall not protrude more than six feet from the building surface.

[3] The width of the sign that is perpendicular to the sign face shall be no more than six inches.

(f) Awning signage. Awning signage may be permitted for each establishment or enterprise, as part of the overall building signage permitted per building, subject to the following:

[1] Awnings shall be constructed of durable vinyl, canvas, or other material capable of withstanding the impacts of weather.

[2] The surface area of all shapes, letters, numbers, symbols or illustrations shall not exceed 25% of the awning.

[3] Awning signage shall consist of individual characters, symbols, and logos permanently affixed to the awning, with the background of the sign consisting of the awning material only.

[4] Awning signage may be illuminated from above, but may not be illuminated from the underside.

(g) Under-canopy signage. One under-canopy sign may be permitted for each establishment or enterprise, not to be included as part of the overall building signage permitted per building, subject to the following:

[1] Under-canopy signage shall be suspended perpendicular to the building front.

[2] Under-canopy signage shall not exceed 12 square feet in sign face area.

[3] Under-canopy signage shall have a vertical dimension not exceeding 18 inches.

[4] The minimum clearance between the finished grade and the lowest member of an under-canopy sign shall be eight feet.

The establishments pictured above utilize a combination of awning signage, under-canopy signage and/or flush building signage to advertise the business in a manner that is appropriate for the MWU District.

(4) Freestanding signs. Freestanding sign types include post-mounted and pedestal/monument signs.

(a) Location. One freestanding sign may be erected per parcel. Where a commercial use abuts a residential use, any such sign shall be set back at least 15 feet from the side lot line. No sign shall interfere with the visibility from any driveway at its intersection with a public street.

(b) Landscaping shall be planted near the base of each freestanding sign.

(c) Post-mounted signs.

[1] There shall be no more than two display surfaces, each of which shall not exceed 20 square feet.

[2] Signs shall be supported wholly by two wood or metal posts.

[3] Sign height shall not exceed six feet to top of sign.

[4] No part of sign shall be set back less than five feet from the right-of-way line.

(d) Pedestal/monument signs.

[1] There shall be no more than two display surfaces, each of which shall not exceed 32 square feet.

[2] Support structures for monument signs shall be clad in stone, brick, or other masonry, decorative wood or metal, or other architecturally significant materials and shall be at least as wide as the sign face it supports.

[3] Sign height shall not exceed six feet to top of sign.

[4] No part of sign shall be set back less than 10 feet from the right-of-way line.

[5] Pedestal/monument signs shall be prohibited on lots less than 100 feet in width measured at the right-of-way line.

Table 200-20.1B
Maximum Freestanding Sign Face Area
Sign Type
Maximum sign face (square feet)	Post-Mounted 20	Pedestal 32

Appropriate freestanding sign types for the MWU District include post-mounted signs (Figure 75) and pedestal signs (Figure 76).

The above Figures 77 through 82 represent a collection of acceptable freestanding signs based on style and the quality of design and materials. The signs pictured in § 200-20.1H do not represent a palette of options or a finite selection of alternatives. The standards and pictorial examples are intended to provide guidance and a range of appropriate alternatives for signage applicants.

I. Lighting.

(1) Overview.

(a) Lighting is a critical design element that provides safety, visual cues, and aesthetic appeal to the building and its surroundings. Within the MWU District, lighting shall be utilized to illuminate building entrances, signage, and parking areas, while also providing for subtle accents of building architecture and site landscaping. The scale and height of lighting fixtures have a significant impact upon their function and effectiveness. Within the MWU District, street lighting should be pedestrian in scale and height, and appropriately spaced to provide sufficient illumination for the street and sidewalk (Figure 83). New development should follow this standard by keeping fixtures and poles in scale and character with the site and adjacent uses, while also providing the illumination to only those areas intended. The prevention of light pollution spilling beyond property boundaries is of paramount concern to mixed-use districts that support both commercial and residential uses.

The use of lighting fixtures that evoke a wharf or waterfront character is desirable. Enhancements such as banners and flower hangers is also appropriate for the MWU District.

The above light fixture is inappropriate in scale and height for this pedestrian application.

(b) § 1200-20.1I includes the following standards:

[1] Site lighting;

[2] Building lighting;

[3] Accent lighting; and

[4] A gallery of fixtures.

(2) Site lighting. Site lighting shall improve the safety and visibility of parking lots and pedestrian zones.

(a) Lighting shall be designed such that poles, fixtures, ornamentation and materials are of a pedestrian scale and height, and provide for a safe pedestrian experience.

(b) Fixture heights shall be between eight and 20 feet in height, with shorter poles along sidewalks and pedestrian zones, and taller poles within parking areas.

(c) Fixture mounting height, direction and intensity shall be determined based on the minimum requirements necessary to efficiently and safely illuminate the area.

(d) Fixtures shall be Dark Sky compliant. Light trespass into adjacent noncommercial areas shall not exceed 0.1 footcandle in intensity.

(e) Light-emitting diode (LED) light sources are required. Light sources shall be chosen to accurately render all colors. Blue- or amber-hue lighting is not permitted.

(f) Lighting fixtures shall be directed away from adjacent structures and property boundaries.

(3) Building lighting. Enhanced building lighting shall be placed at building entrances and other pedestrian areas.

(a) Building-mounted lighting shall be of a style complementary to the architectural character of the building and surroundings.

(b) Building-mounted lighting shall not be utilized as area lighting in place of pole-mounted lighting along private rights-of-way, sidewalk and pedestrian zones, and parking areas.

(c) Building-mounted lighting shall be utilized primarily for safety and security lighting at entryways, utility and loading areas, and other areas approved by the Planning Board.

(d) Standards I(2)(d), (e) and (f) shall also apply to building-mounted lighting.

(e) Building-mounted lighting shall not be mounted higher than 15 feet above grade.

(f) Wall-pack style lighting fixtures shall not be placed on facades facing the primary street.

(4) Accent lighting. Accent lighting should be used to complement and highlight unique architectural or landscape features.

(a) Standards I(2)(d), (e) and (f) shall also apply to accent lighting, including both ground- and building-mounted fixtures.

(b) The use of neon accent lighting is not permitted.

(c) Accent lighting shall be discrete in nature and of the same color and a lesser intensity than other building-mounted lighting.

(d) Accent lighting shall focus on highlighting architectural or landscape details or elements rather than the illumination of entire facades, walls or areas.

(5) Lighting gallery.

[1] Editor's Note: This local law repealed former § 200-20.1, Lake Erie Beach Commercial Overlay District (LEB Overlay), added 12-14-2011 by L.L. No. 9-2011.

§ 200-21 General Business District (GB).

A. Intent. The intent of the General Business District is to establish areas for larger scale commercial operations that provide a wider variety of goods and services. These areas typically have access to major roads and highways that link them to surrounding communities. Consideration to pedestrian and automobile access, traffic congestion, aesthetics, landscaping, adaptive reuse, residential buffering and protection of incompatible uses, and enhancing the overall character of the town, shall be part of any design.

B. Permitted uses. The following uses are permitted in the General Business (GB) District:

(1) Principal structures and uses.

(a) Any structure and/or use permitted in the Neighborhood Business (NB) District.

(b) Department store/supermarket.

(c) Variety store.

(d) Furniture store.

(e) Household fixture, electrical and appliance sales and/or repair services.

(f) Hardware and plumbing sales and service.

(g) Farm supply, lawn and garden supply, sales and/or landscape services and retail nurseries.

(h) Wholesale store; catalog sales.

(i) Motels and hotels.

(j) Commercial recreation activities.

(k) Shops for custom work for the making of articles to be sold at retail on the premises, provided that such activity shall not produce offensive odors, noise, vibration, heat, glare or dust.

(l) Veterinarian office; animal hospital.

(m) Nursing, assisted living or convalescent homes.

(n) Funeral homes and mortuaries, with attendant or owner apartment.

(o) Retail services.

(p) Bar/tavern.

(q) Banks and drive-in bank facilities.

(r) Lumber and other building materials and services.

(s) Business services, including sign company, window cleaning and other dwelling and building services and equipment sales and rental.

(t) Motor vehicle washings (special use permit required).

(u) Residential uses in existence at the time this chapter was enacted.

(v) Human health-care facilities, including outpatient services (special use permit required).

[Amended 5-26-2010 by L.L. No. 1-2010]

(w) Other institutions providing care and protection of persons (special use permit required).

[Amended 5-26-2010 by L.L. No. 1-2010]

(x) Civic associations, fraternal organizations, private clubs, museums and other places for public assembly.

(y) Tire, battery and other automotive parts and accessories and sales.

[Added 2-3-2016 by L.L. No. 1-2016]

(z) Self-storage facilities (a.k.a. public mini-storage). Self-storage units shall not be visible from the highway, and the following options can be utilized to accomplish this:

[Added 4-18-2018 by L.L. No. 1-2018]

[1] A landscaped berm, solid architectural fence or wall can be added in the front yard. These shall be of a height to sufficiently screen the units.

[2] Full-scale buildings (with approved architectural style) that include offices or other approved uses along with components listed in Subsection B(1)(z)[1] can be utilized to screen the units.

(aa) Dog day-care facilities.

[Added 7-17-2019 by L.L. No. 7-2019]

[1] Definition. As used in this subsection, the following terms shall have the meanings indicated:

DOG DAY-CARE FACILITY

A commercial facility for the supervised care and socialization of dogs, not to include facilities that provide overnight boarding, breeding or selling of dogs, or facilities whose primary source of revenue is licensed veterinarian services.

[2] Permitted use.

[a] Dog day-care facilities shall only be permitted in Agriculture and Open Space, Rural Agriculture, General Business Districts.

[b] All dog day-care facilities shall require the issuance of a special use permit approval pursuant to § 200-45 from the Evans Town Board. The Town Board shall refer all special use permit applications to the Planning Board and Code Enforcement Office for review and recommendations prior to the issuance of site plan approval and the special use permit.

[3] Design criteria.

[a] Dogs may be groomed, trained, exercised and socialized, but not boarded overnight, bred or sold.

[b] All activities related to the dog day-care facility shall be undertaken indoors with the exception of short-term outdoor periods for the dogs to relieve themselves.

[c] Indoor areas designed for dog supervision, training, exercising, socializing, grooming and resting (not to include office, retail, reception and bathrooms) must consist of a minimum 100 square feet per dog.

[d] Dog day-care facilities may include an accessory use for the retail sale of products related to the operation of the facility.

[e] Dog day-care facilities shall be soundproofed to the best of the owner's ability to prevent a noise nuisance to surrounding properties. Any and all noise complaints will be reviewed by the Code Enforcement Officer to determine if additional action is required.

[f] The operation of the facility shall not allow the creation of noise by any animal or animals under its care which can be heard by any person at or beyond the property line of the lot on which the facility is located repeatedly over a ten-minute period.

[g] The hours of operation of a dog day-care facility shall begin no earlier than 6:00 a.m. and shall end no later than 11:00 p.m. with no dogs allowed outdoors prior to 7:00 a.m. or after 10:00 p.m.

[h] Outdoor areas shall be located in either the rear or side yards and a minimum of 100 feet from the nearest residential property line.

[i] Outdoor areas shall be screened by solid wood, vinyl or masonry fencing or other visual barrier that is six feet high and not to extend into the front yard or past the front line of the building.

[j] All animal waste must be placed in closed waste disposal containers and collected and disposed of by a qualified waste disposal company at least weekly. Waste receptacles are to be screened appropriately with fencing and/or landscaping from neighboring properties.

[k] The operator of the facility will be required to maintain all required licenses and permits.

(bb) Cannabis business activity.

[Added 10-19-2022 by L.L. No. 4-2022]

[1] Findings; legislative intent. The Town of Evans seeks to mitigate any potential nuisances/adverse impacts to the General Business District, and to protect the overall community character, while also allowing for small business development that provides outlets for hookah or vaping, and for the retail sale of associated products and cannabis for at-home consumption. Notwithstanding the foregoing, all persons who choose, against health adversaries, to be involved with tobacco or non-tobacco materials do so entirely at their own risk.

[2] Definitions. As used in this subsection, the following terms shall have the meanings indicated:

CANNABIS

All parts of the plant of the genus Cannabis, whether growing or not; the seeds thereof; the resin extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds or resin. It does not include the mature stalks of the plant, fiber produced from the stalks, oil or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks (except the resin extracted therefrom), fiber, oil, or cake, or the sterilized seed of the plant which is incapable of germination. It does not include hemp, cannabinoid hemp or hemp extract as defined by this section or any drug products approved by the Federal Food and Drug Administration.

CANNABIS BUSINESS

Any business, collective, establishment, association or any other organization or any person engaged in any cannabis activity, whether for medical or nonmedical use, or both.

DELIVERY

A delivery license authorizes the delivery of cannabis and cannabis products by licensees, independent of another adult-use cannabis license, to cannabis consumers.

HOOKAH OR VAPING BUSINESS

Shall refer to any facility or location whose business operation, and its principal use, includes the on-site smoking of electronic cigarettes, vape pens, vapors, e-liquids, or other like substances, not to include cannabis or cannabis products, commonly known by such various terms as "bars," "lounges," or "cafes."

HOOKAH PIPE

A single- or multi-stemmed instrument used by one or more persons to smoke tobacco or another substance, which hookah pipe is also commonly referred to as a "hookah," "water pipe," "shisha" or "narghile."

MICROBUSINESS

A licensee that may act as a cannabis producer for the cultivation of cannabis, a cannabis processor, a cannabis distributor and a cannabis retailer under this article; provided such licensee complies with all requirements imposed by this article on licensed producers, processors, distributors and retailers to the extent the licensee engages in such activities.

ON-SITE CONSUMPTION

The consumption of cannabis in an area licensed by the Cannabis Control Board. An on-site consumption license authorizes the acquisition, possession, and sale of cannabis from the licensed premises of the on-site consumption licensee to cannabis consumers for use at the on-site consumption location.

RETAIL SALE

To solicit or receive an order for, to keep or expose for sale, and to keep with intent to sell, made by any licensed person, whether principal, proprietor, agent, or employee, of any cannabis, cannabis product, cannabinoid hemp or hemp extract product to a cannabis consumer for any purpose other than resale.

RETAILER

Any person who sells at retail any cannabis product, the sale of which a license is required under the provisions of this chapter. "Retailer" means any person who sells at retail any cannabis product to cannabis consumers. A retail dispensary license authorizes the acquisition, possession, sale and delivery of cannabis from the licensed premises of the retail dispensary by such licensee to cannabis consumers.

SMOKING

Refers to both:

[a] The burning of a lighted cigar, cigarette, pipe or any other matter or substance which contains cannabis, including the use of an electronic smoking device that creates an aerosol or vapor; or

[b] The inhalation of the smoke/liquid nicotine/vapors/water pipe tobacco and other substances encased in electronic cigarettes, vape pens, and pipes commonly known as "hookah," "water pipe," "shisha," and "narghile" or any similar device.

VAPE SHOP

Any establishment which offers for sale or consideration electronic cigarettes, pipes, vape pens, vapors, e-liquids, or other like substances as a substantial or significant portion of its business, merchandise and/or stock-in-trade.

[3] Registration required. No cannabis, hookah, vaping, or vape shop business shall operate in the Town of Evans unless and until it has first filed a registration application in accordance with the provisions of this chapter, has paid all fees required by this chapter, received a special use permit, and has received licensing from the state.

[a] State license. An adult-use cannabis license from the NYS Office of Cannabis Management shall be required for any cannabis business or cannabis activity in which it is engaged. A business intending to sell vapor products shall be required to have a certificate of registration from the Department of Taxation and Finance.

[b] Special use permit. Any proposal to place, construct or modify a cannabis, hookah, vaping, or vape shop business in the Town of Evans requires the issuance and approval of a special use permit. All applications, plans, and documentation shall be submitted to the Town of Evans Planning Board and Code Enforcement Officer with site plan approval and special use permit review undertaken by the Planning Board and special use permit approval by the Evans Town Board.

[c] Registration application. Any applicant for a cannabis, hookah, vaping, or vape shop business shall provide no less than the following when submitting a registration application:

[i] Completed special use permit application and checklist;

[ii] Copy of NYSOCM Operating License or NYS Department of Taxation and Finance certificate, if applicable;

[iii] Business plan and written description of day-to-day operations;

[iv] An accurate and up-to-date real property survey;

[v] Complete site plan showing any alterations to the property;

[vi] Floor plans certified by a licensed professional engineer or architect;

[A] Ventilation;

[B] Interior and exterior facilities security plan;

[vii] Sign application with all proposed building-mounted and freestanding signs;

[viii] SEQR Environmental Assessment Form (short form); and

[ix] Any additional materials requested by the Planning Board during the review process.

[d] Registration null and void. A registration shall become null and void upon any of the following:

[i] Relocation of the cannabis, hookah, vaping, or vape shop business to a different location or premises;

[ii] One year after the issuance of the special use permit (SUP) unless renewed upon site inspection, at which time the SUP shall be valid for a period of two years;

[iii] Any attempt to assign, transfer or sell a registration without Town approval; or

[iv] Any violations of the terms or requirements of this chapter.

[4] Cannabis Overlay District. No cannabis business shall be permitted outside of the Cannabis Business Overlay District as identified in the Cannabis Business Overlay District Map.[1]

[1] Editor's Note: Said map is included as an attachment to this chapter.

[5] Operating regulations and conditions. A cannabis, hookah, vaping, or vape shop business shall not create a nuisance to abutters or to the surrounding area, or create any hazard, including, but not limited to, fire, explosion, fumes, gas, smoke, odors, obnoxious dust, vapors, offensive noise or vibration, flashes, glare, objectionable effluent, or electrical interference, which may impair the normal use and peaceful enjoyment of any property, structure or dwelling in the area.

[a] Proximity to other uses. At a minimum, no cannabis, hookah, vaping, or vape shop business shall be located within the following distances from the specified land uses listed below:

[i] Five hundred feet from any school or Town-owned building.

[ii] Two hundred feet from any place of worship.

[iii] The Planning Board shall also consider distance from other uses involving children when permitting the siting of cannabis businesses, including, without limitation, libraries, playgrounds, parks, martial arts and dance studios, houses of worship, pediatric medical offices, toy stores, and comic book stores.

[b] Hours of operation. Any business operating under this chapter may open no earlier than 9:00 a.m. and shall close no later than 9:00 p.m. on the same day, unless modified by the Planning Board and specified in the special use permit.

[c] Alcohol. The sale or consumption of alcohol on licensed premises is prohibited, except for the sale of tinctures, which is permitted provided all products sold on site comply with applicable state rules and regulations.

[d] Odor. Each business operating under this chapter shall prevent the odor of tobacco or non-tobacco products from emanating beyond the walls of the premises by utilizing appropriate air purification systems and air scrubbers.

[e] Outdoor smoking. There shall be no smoking outside the premises of the business.

[f] Facade treatments. Design of the cannabis, hookah, vaping, or vape shop business shall not detract from the sense of activity with opaque, unwelcoming facades at the ground floor. Where interior activities must be screened from public view, such areas should be screened by transparent, publicly accessible active business uses where possible. Opaque facades should be minimized, and where they are necessary they should include changing public art displays or other measures to provide visual interest to the public.

[g] Signage. The Planning Board shall be responsible for approval of all signage for businesses operating under this chapter, pursuant to Town Code § 200-29 "Sign regulations," balancing the need for a well-maintained, safe and attractive community and the need for effective business identification, advertising and communication.

[h] Parking and traffic. Establishment of any business under this chapter shall not unduly interfere with the traffic patterns of the neighborhood. All parking shall be compliant with § 200-27.

[i] Security barriers. All installations of any security gate or barrier must be preceded by the issuance of a building permit from the Building Department and must be in accordance with the standards set forth by the New York State Uniform Fire Prevention and Building Code and Town of Evans Planning Board, which shall be permitted to consider aesthetics of the exterior.

[j] Security. An application for a cannabis business must include written and graphic documentation showing the proposed facility will meet state standards, including but not limited to secure premises, secure room, secure entry, security lighting, security alarm systems, and video surveillance.

[k] Buffer. For any cannabis, hookah, vaping, or vape shop business that shall abut upon a residential-zoned parcel or any parcel used for residential purposes, there shall be a buffer strip five feet wide erected, planted and thereafter maintained on the plot pursuant to Planning Board requirements, unless the Planning Board shall require a greater or larger buffer strip.

[l] Fire hazards. Smoking paraphernalia shall comply with such safety measures as may be prescribed to minimize the risk of fire associated with the use of such paraphernalia. Where smoking paraphernalia requires the use of lighted charcoal or any other solid or liquid flammable or combustible material, such material shall be stored, handled, and disposed in a manner approved by the Town of Evans Code Enforcement and Fire Department.

[m] Drive-through. No drive-through services or sales shall be permitted by any businesses operating under this chapter.

[n] Disposal. Cannabis, tobacco, and similar waste shall be stored, secured, and managed in accordance with applicable state laws.

[6] Host community agreement for cannabis businesses. The permit holder of any cannabis business shall not operate, and the special use permit will not take effect, until the applicant has negotiated and entered into a host community agreement with the Town.

[7] Inspections and compliance. The Town of Evans shall have the right to request entrance into any business operating under this chapter, during reasonable hours, for the purpose of conducting a physical inspection of the premises to determine if the premises complies with the requirements herein. Any cannabis, hookah, vaping, or vape shop business shall at all times strictly comply with all the provisions of this chapter.

(2) Accessory structures and uses.

(a) Uses and structures customarily incidental to the above.

(b) Signs, as permitted and regulated in compliance with § 200-29 of this chapter.

(c) Off-street parking, loading and stacking spaces or structures, as permitted and regulated in compliance with § 200-27 of this chapter.

(d) Landscaping, as required in compliance with § 200-28 of this chapter.

C. Design regulations.

[Amended 5-26-2010 by L.L. No. 1-2010; 5-2-2012 by L.L. No. 1-2012; 8-17-2016 by L.L. No. 5-2016; 4-18-2018 by L.L. No. 1-2018]

(1) Minimum lot area: none. Exception: self-storage facility minimum lot area: four acres.

(2) Minimum width of a lot abutting a dedicated street: 100 feet.

(3) Minimum yard setbacks for structures and parking, loading and stacking areas:

	Yard	Structures (feet)	Parking, Loading and Stacking Areas (feet)
	Front, from right-of-way of a dedicated street Exception: self-storage facilities	30 300	15 20
	Side, abutting a nonresidential district Exception: self-storage facilities	None; or, if separated, a minimum of 10 25	10*
	Rear, abutting a nonresidential district Exception: self-storage facilities	15 25	10*
	Side and rear, abutting a residential district Exception: self-storage facilities	25 50	25*

*NOTE: The entire area must be landscaped in compliance with § 200-28 of this chapter.

(4) Side and rear setbacks abutting a residential structure, self-storage facility: 100 feet.

(5) Minimum interior building separation: 30 feet.

(6) Minimum square feet of interior building storage space: 10,000 square feet.

(7) Maximum building height: 50 feet. Exception: for self-storage facilities, 35 feet.

(8) Maximum lot coverage: as use, yard, off-street parking, loading and stacking areas and landscaping requirements permit in compliance with §§ 200-27 and 200-28 of this chapter.

(9) Enclosure. All principal and accessory uses, except signs, landscaping and off-street parking, loading and stacking, shall be conducted within completely enclosed structures. The outdoor sale of merchandise shall require a permit from the Building Department.

§ 200-21.1 General Business, Neighborhood Business, and Motor Services Districts design standards.

[Added 2-15-2023 by L.L. No. 3-2023]

A. Introduction.

(1) Purpose. In accordance with the Town's Comprehensive Plan and vision statement, these General Business, Neighborhood Business, and Motor Services Districts Design Standards will steer the Town's future growth; plan for the physical design of the community's commercial corridors; and reinforce the Town's unique aesthetics. These design standards will provide specific guidance and requirements for developments located in the General Business (GB), Neighborhood Business (NB), and Motor Services (MS) Districts. These standards will ensure that incoming businesses are consistent with the unique character of the community, consistent with the community's vision for the future, and do not encroach negatively upon existing uses. These standards are intended to provide project developers and the Town with requirements and guidance for the design of new and redeveloped commercial projects. They are intended to promote high-quality development and design, and to foster economic growth throughout the districts.

(2) Districts established. The Town of Evans General Business (GB) District, Neighborhood Business (NB) District, and Motor Services (MS) District are established as depicted on the Town's Zoning Map. The regulations herein establish the desired site design, form, massing, and architectural style for the GB, NB, and MS Districts. There is a need for clear standards that meet the community's goals and objectives - as outlined in the Comprehensive Plan - while allowing for flexibility and creativity. These regulations will provide the necessary framework for high-quality development and flexible design alternatives.

(3) Conflicts and compliance with other regulations. All development must continue to maintain compliance with all applicable codes and regulations, including, but not limited to, the Building Code of New York State.

(4) Applicability, review, approval and permit process. These regulations shall apply, in whole or in relevant part, to all applications commenced from the date of adoption by the Evans Town Board. Further, nonconforming uses must be brought into compliance as required by § 200-30 of the Town Code.

(a) All references to the "standard(s)" or "guideline(s)" refer to these General Business, Neighborhood Business, and Motor Services Districts design standards and guidelines unless otherwise stated.

(b) A standard can be identified by the use of "shall or must" to describe the action taken. A standard is an objective intended to be fully met. However, a standard may be varied by the Planning Board where it finds that the objectives of this section can be met in an alternative manner or that a standard is not deemed appropriate for a specific project.

(c) Any alterations to legal nonconforming parcels must result in closer conformance to current zoning and to these standards. Exceptions to this include single-family or two-family residential on a single lot, and agricultural uses, where allowed. A site plan shall be required for any developments, alterations, and or/modifications as described in § 200-42. Site plans must also include:

[1] A color rendering showing building elevations; and

[2] A description of the types of materials to be used on the exterior of the building.

B. Character descriptions and design objectives. The districts are diverse in both density and style. Development within the districts should complement the existing character of the area the development is occurring within and align with the future vision of the community as described within the Town's Comprehensive Plan. These standards will help guide future development toward the community's desired vision. The character styles and design objectives presented below are included to assist with the interpretation and administration of the regulations described in § 200-21.1.

(1) Country character. The eastern portion of the Town is characterized by its rural, small-town atmosphere. The area is rural in nature, and exhibits a low-density "country character," as described in the Comprehensive Plan. Commercial development near the Eden/Angola Interstate 90 entrance and along Route 20 should be designed to fit and be compatible and complementary of the area's rural nature.

(2) Transitional character. Travelling along Route 5, commercial development is interspersed along the corridor and present primarily at intersections, such as Sturgeon Point Road, Beach Road, and Commercial Street. These areas serve as commercial transitions between the waterfront neighborhoods, the Highland-on-the-Lake commercial corridor, and the inland rural community. As such, these transitional areas should capture the character of the existing area combined with elements of the waterfront and rural communities.

(3) Highland-on-the-Lake character. Highland-on-the-Lake is a U.S. census-designated place and one of the Town's most developed areas. The commercial corridor along Route 5 is geared toward car-centric behavior and consists of typical suburban-style development. Residential development is also prevalent, with approximately 42% of the Town's population living in this area. Commercial developments will aim to retain the area's suburban character while encouraging high-quality site design and planning. Consideration for the public realm must be given, and pedestrian geared amenities must be considered to create connectivity between commercial and residential uses.

(4) Design objectives. To achieve the desired character described above, the following design objectives have been included to assist with the interpretation and administration of these standards:

(a) Ensure that development throughout the corridor enhances, retains and aligns with the distinctive character styles present within the districts, fostering a cohesive sense of identity.

(b) Ensure that development and redevelopment occurs in a manner that utilizes and encourages high-quality design for buildings and sites.

(c) Development and redevelopment should be designed in a way that encourages multimodal transportation, considering the health, safety, and welfare of all users.

(d) Encourage development and redevelopment that allows for diversity and includes a mix of uses and services that promote livable communities for all ages, abilities and income levels.

(e) Landscaping and amenities will be utilized and incorporated into site design to improve community aesthetics; screen utilities, parking and other adverse views; provide shelter from the elements; and enhance the public realm.

(f) Whenever possible, natural vegetation and open space should be preserved to the greatest extent possible to provide a natural buffer between differing uses situated within the district and to maintain and improve the aesthetic quality of the community.

(g) Property maintenance and safety shall be promoted throughout the community to provide a prosperous and inviting area for public activity.

C. Buildings and design.

(1) Buildings, lot sizes, and setbacks. The density and mass of commercial development contributes greatly to the Town's aesthetic and the character of the community. The following regulations will control for size and scale to manage growth in a way that is consistent with the character of the surrounding areas.

(a) The site design shall demonstrate architectural compatibility of buildings on the site, with consideration given to the appearance and style of surrounding uses.

(b) All building facades that would be visible from roadways, parking areas or adjacent sites shall be architecturally designed to enhance aesthetic appearance.

(c) Buildings designed to advertise or promote a uniform corporate image shall be subject to review and approval by the Planning Board.

(d) Ensure that developments comply with the respective design regulations for each district as found in §§ 200-21C and 200-20C.

(2) Windows. Windows are important features to the overall design of a building. They should be of a scale and proportion appropriate to the overall architectural style of the building and in character with the surrounding buildings and sites.

(a) Windows shall be of a scale, proportion and extent appropriate to the overall architectural style of the building.

(b) Window openings shall be trimmed with an appropriate material (brick, stone, wood, wood-like, cementitious board) to provide added definition to the overall facade.

(c) The rhythm and ratio of solids to voids for building additions and expansions shall be complementary to the primary building and consistent with the area character.

(d) At street corners, public spaces and along pedestrian walks, commercial building storefront windows shall continue with the building corner and provide enhanced transparency and added architectural interest to the first floor.

(e) Windows shall be made of shatterproof glass.

(f) Reflected glass is discouraged, but may be allowed at the Planning Board's discretion.

(3) Building entry. The placement and design of a building's entrance contributes to streetscape rhythm and the overall character of the surrounding corridor.

(a) Primary building entries shall be oriented to and shall be accessible from a primary street.

(b) Buildings fronting two streets shall have a primary entry on either the primary street or at the corner facing the intersecting streets.

(c) Primary entrances shall be prominently designed and constructed to provide visual cues to pedestrians independent of site or building signage.

(d) Building entries shall be designed and constructed to be complementary of and enhance the rhythm of the existing streetscape.

(e) All entries shall be designed as an important feature and visual cue of the building facade.

(f) Doors and entryways shall be of a scale, proportion and coverage appropriate to the overall style of architecture of the building.

(g) Commercial buildings shall have a transparent primary entry. Nontransparent primary entries may be considered, subject to the discretion of the Planning Board.

(h) Primary entries shall be detailed and highlighted through the use of trim, moldings, overhangs and/or other defining architectural features such that its purpose as the primary entrance is evident from the street. Similar treatment is encouraged for all entryways near parking locations.

(4) Roofs. Roofs, cornices, eaves, overhangs, and parapets are crucial components of a building facade. They shall be designed to be consistent with the character of the Town.

(a) Pitched roofs shall be used to keep consistent with the Town's character.

(b) Flat roofs may be permitted on roofs greater than 10,000 square feet, subject to the discretion of the Planning Board. Flat roofs shall be required to utilize architectural features, such as parapets, to create the appearance of a pitched roof.

(c) Rooftop mechanics shall be screened from public view by the use of architecturally compatible materials and components.

(d) Elements that define the roof and the upper quartile of the facade shall incorporate design details that provide an added level of detail and articulation to the architectural expression of the building.

(e) Rooflines shall be in character with the overall architectural style of the building and those vernacular to Western New York State. For example, gable, gambrel, mansard, shed, and hip roofs are common within the region.

(f) Decorative features, such as cornices, are encouraged to be used to differentiate and enhance the vertical composition of the building facade.

(g) The use of awnings, canopies, recessed entries and other design elements is encouraged to define the first floor and provide shelter to entryways.

(h) Overhangs and canopies shall be architecturally consistent with or complementary to the remainder of the building.

(5) Building materials. Building materials are a defining characteristic of a building and have the ability to enhance or alter the character of the surrounding area.

(a) Building materials shall be durable and suitable for the design in which they are used.

(b) Changes in materials shall occur at inside corners. Material or color changes at the outside corners or within a plane is not permitted.

(c) The front facade of any building is encouraged to be constructed primarily of brick, split block, stone, or wood frame with cedar or lap siding. The Planning Board may determine other materials as appropriate at their discretion.

(d) The following factors must be considered in determining whether or not a particular finishing material is acceptable:

[1] Durability and low-maintenance characteristics;

[2] Consistency with the overall character of surrounding area;

[3] Location on the building;

[4] Potential shielding by landscaping or some other feature; and

[5] The visibility of the site from public streets and neighboring uses.

(e) The following materials or systems shall not be utilized on finished buildings or signage exteriors:

[1] Standard block and EIFS (External Insulation Finishing System);

[2] Concrete block;

[3] Stucco; and

[4] The Planning Board may restrict the use of other materials if they are deemed unsuitable.

(f) Buildings shall be designed to eliminate long expanses of blank walls of a single color or texture.

(6) Building base and foundations. Building bases must visually highlight the connection between the structure and the site.

(a) A formal building base shall be used to distinguish from the upper portions of the structure through a change of materials, color, texture and/or projection.

(b) The base treatment shall be continuous along facades facing streets and parking areas.

(c) The building base shall be included on all primary facades and shall complement the architectural style and window and door fenestrations.

(d) Foundations of masonry block or poured concrete shall not be left exposed and shall be adorned with appropriate finishing materials in character with the structure base and vernacular to the region.

(7) Projects with multiple buildings and uses. Larger developments with multiple structures must create a unique sense of place. Mixed-use developments are encouraged.

(a) Multiuser structures must be designed in such a way as to avoid the appearance of strip plaza development.

(b) Up to 50% of the gross floor area of a structure may be dedicated to dwelling units to encourage mixed-use developments as indicated in § 200-20B(2)(b). Mixed-use developments with residential components must comply with the following standards:

[1] Fire escapes shall be located on side and rear yards only.

[2] The enclosure of existing front porches, other than through the use of transparent glazing, is not permitted. Window and door openings shall not be filled in such that the resulting facade lacks a consistent solid to void ratio.

[3] New construction or adaptive reuse projects shall not create large, undifferentiated walls with few to no windows or door openings facing a street, drive, or parking area.

[4] Principal and shared pedestrian entrances for ground floor residential units shall face the primary street and have a direct connection to the sidewalk system.

[5] Individual residential units with principal entrances at ground level shall have front porches or entryways that are covered, elevated above grade, or otherwise distinguished to provide visual separation from the street.

(c) Projects with multiple buildings shall comply with the design standards set within this document and with the following additions:

[1] Lots with multiple buildings must include pedestrian connections between adjacent uses, structures and parking areas.

[2] Multiple buildings shall create a well-organized, accessible, functional site. The site layout should create a sense of place without large parking lots devoid of landscaping or pedestrian accommodations.

[3] Common or shared parking facilities and access for projects with multiple buildings shall be required to the extent practical or feasible, as determined by the Planning Board, to decrease the amount of impervious surface, increase open space and reduce curb cuts.

D. Site layout and design.

(1) Pedestrian and vehicular circulation. Pedestrian and motorists shall be afforded safe, convenient and efficient circulation.

(a) Pedestrian and vehicular circulation patterns shall be designed to minimize potential conflicts between vehicles and pedestrians and to provide enhanced separation.

(b) Safe, convenient and efficient pedestrian circulation patterns shall be provided between structures in a multiple structure development.

(c) Parking and vehicle circulation patterns shall be designed to reduce speeds and increase pedestrian safety, efficiency, and convenience.

(2) Sidewalks. Sidewalks must provide safe pedestrian movement along building and within parking areas.

(a) Sidewalks shall have a minimum width of four feet (§ 175-15), or wider at the discretion of the Planning Board.

(b) Sidewalks shall be constructed with side parking to provide access from all principal building entrances to the sidewalk system and parking areas.

(c) As necessary, sidewalks shall traverse parking lot medians, end islands and between buildings to permit safe and efficient pedestrian travel.

(d) Sidewalks measuring no less than five feet in width shall be installed within the right-of-way frontage of the property to allow for adequate pedestrian activity.

(e) Sidewalks or paths should be included as a part of site design to assist with walkability. Where sites are adjacent to municipal sidewalks, they shall be connected with them.

(f) Pedestrian walkways shall be constructed of concrete or decorative brick or similar materials. The use of blacktop is prohibited.

(g) Walkways located within parking areas shall be properly striped or otherwise delineated.

(3) Driveways and access. The use of shared drives and cross access improves corridor vitality, mobility, and safety.

(a) Shared entrances and exits shall be provided where determined appropriate and feasible by the Planning Board.

(b) Absent a showing by the applicant of impracticality, the provision for cross access among adjacent properties shall be required to internalize traffic and reduce turning movements directly onto the street.

(c) New construction or improvements shall plan for, accommodate, and/or reserve land for future connections with adjacent properties to facilitate cross access.

(d) A designated four-foot-wide side yard curbed sidewalk shall be provided between the edge of entry drives and the principal building.

(4) Parking. Parking areas shall be integrated with the design components of the buildings and sites of the surrounding area. They should not detract from the character or aesthetic of the Town. Parking regulations can be found in § 200-27 of the Town's Zoning Code.

(a) Parking shall be located on the sides and/or rear of the business. The Planning Board may consider modifying parking minimums or lot requirements if parking is sited in the rear of the building.

(b) Parking areas shall be designed to safely allow pedestrians to traverse the space.

(c) Improvements regarding bicycle parking and electric vehicle charging facilities must be considered.

(d) The needs of pedestrians and shoppers, and the overall character of the community, shall be considered through the appropriate placement and design of parking areas, points of ingress and egress, alleys and walkways.

(e) Site designs shall avoid expansive areas of pavement and excessive curb cuts, unless deemed necessary for the general safety and welfare of the community.

(5) Lighting. The design and aesthetic of lighting fixtures can greatly contribute to the overall feel and functioning of an area.

(a) All lighting fixtures must be dark sky compliant.

(b) Downlighting and uplighting may be used at the discretion of the Planning Board to accent landscaping and architectural features but must be located, aimed and shielded to minimize light spill.

(c) Lighting fixtures must be selected, located, aimed, and shielded so that direct illumination is focused exclusively on the building facade, plantings, and other intended site features and away from adjoining properties and the street.

(6) Landscaping and screening. Landscaping should enhance and screen views along the street and public spaces. It shall maximize the visual, aesthetic, and overall experience of the corridor users through appropriately scaled and designed landscaping.

(a) Site landscaping.

[1] All existing trees larger than eight inches in diameter, as measured three feet above grade, shall not be removed without prior Planning Board approval. All groups of trees and other natural vegetation shall be incorporated onto the landscaping plan where feasible. Efforts shall be made to preserve these features.

[2] Site landscaping shall be required along all property boundaries, except: i) where side yards are less than three feet; ii) where front yards are less than six feet; or iii) where approved shared parking lots adjoin abutting properties.

[3] Plantings shall be limited to species native, hardy, salt tolerant, known to be noninvasive to the area, and deer resistant. Significant deviations from this criteria must by supported by ample evidence by the applicant.

[4] On all lots that do not have an existing vegetated buffer along the rear lot line, the applicant shall vegetate this area with new shrubs and trees, and natural berming or screen fencing at the discretion of the Planning Board.

(b) Buffering and screening.

[1] Buffer plantings of coniferous/deciduous trees and shrubs, with fencing where appropriate, shall be provided along property boundaries adjacent to properties to a density and height deemed appropriate by the Planning Board.

[2] The use of individual coniferous trees without associated shrub plantings is not an approved buffer strategy.

[3] Loading, service, maintenance, and refuse facilities must be screened from view from all streets and surrounding properties.

[4] Parking must be screened from view from the street.

(c) Stormwater and green infrastructure.

[1] Visible stormwater detention or retention ponds are not permitted in front yards.

[2] All stormwater management facilities and green infrastructure facilities shall be hidden or otherwise must provide a pleasing aesthetic complementary to the desired character as previously described.

[3] All green infrastructure design elements, including plantings and pavements, shall be regularly and well maintained to promote their proper and intended function.

(7) Loading, service, maintenance and refuse facilities. Views of utility, loading and refuse areas must be obscured from adjacent areas so as not to take away from the visual aesthetics of a given area.

(a) Loading docks, bays, and staging and service areas shall be located to the rear of the structure. Side loading areas may be approved at the discretion of the Planning Board with approved screening.

(b) When the rear of a structure abuts a street or residential zone, loading areas shall receive appropriate screening.

(c) The storage and/or staging of refuse shall take place in the rear yard and shall be buffered or screened from view from parking facilities, adjacent properties and all streets.

(d) All refuse appurtenances, equipment and containers shall be located within a four-sided enclosure constructed of wooden or another style of fencing acceptable to the Planning Board. Such enclosure shall be constructed to a height not less than one foot above the height of all elements within the enclosure. These structures shall not be located less than 20 feet from adjoining residential properties.

(e) Materials used for maintenance and refuse facilities should be complementary of, or the same as, the materials used for the primary building.

(f) Ground level mechanical equipment shall be fully screened from public view through the use of landscaping, fencing or other design treatments compatible with the buildings.

(8) Outdoor elements. Outdoor elements include outdoor displays, storage and dining facilities. Outdoor displays refer to the display of products actively available for sale outside of a building. This does not include merchandise or material in boxes, in crates, on pallets or other kinds of shipping containers, propane gas storage racks, ice storage bins, soft drink or similar vending machines, which would be considered outdoor storage. Special consideration may be given to seasonal operations at the discretion of the Planning Board.

(a) Outdoor displays are permitted in association with any permitted nonresidential principal ground floor use in accordance with the following provisions:

[1] Outdoor displays must be removed and placed inside a fully enclosed building at the end of each business day.

[2] Outdoor displays are permitted adjacent to the primary facade with the principal customer entrance but cannot extend more than eight feet from the facade and occupy no more than 30% of the horizontal width of the facade.

[3] Outdoor displays cannot impair the ability of pedestrians to use the sidewalk or parking areas and must comply with ADA clearance and accessibility.

(b) Outdoor storage may be permitted at the discretion of the Planning Board. The Planning Board will determine where outdoor storage may be allowed on the site, and its extent (vertically and horizontally) must be shown on the site plan. This includes:

[1] Outdoor storage is the storage of products or materials outside of a building.

[2] Outdoor storage includes the overnight outdoor storage of vehicles awaiting repair, RVs and boats, garden supplies, building supplies, plants, fleet vehicles and other similar merchandise, material, vehicles, or equipment.

[3] Outdoor storage further includes merchandise or material in boxes, in crates, on pallets or other kinds of shipping containers, propane gas storage racks, ice storage bins, soft drink or similar vending machines.

(c) Seasonal outdoor seating. Seasonal outdoor seating shall be designed to promote and protect public health, safety and welfare.

[1] The seasonal outdoor seating area must be separated from any public or private area used for the parking or movement of automobiles by a buffer of at least 10 feet in width or an appropriate DOT approved anti-ram vehicle barrier.

[2] Seasonal outdoor seating shall be contained wholly within the property lines of the establishment.

[3] Tables, chairs, umbrellas, awnings, barriers and any other structures or objects associated with seasonal outdoor seating shall be of quality design, materials, workmanship and construction, both to ensure the safety and convenience of users and to enhance the visual and aesthetic quality.

(9) Signs. These provisions are aimed at creating a more pleasant and uniform visual setting and eliminating the chaotic and haphazard design, orientation and placement of signage that can result in scenic blight. Signage must be designed at a human scale and in relation to a walkable commercial district. All signage shall comply with the standards outlined in § 200-29 of this chapter.

(a) No sign shall be erected in such a manner as to obstruct free egress from a window, door or fire escape or so as to become a menace to life, health or property.

(b) No sign shall be erected in such manner as to prevent the driver of any vehicle from having a clear and unobstructed view of any official sign(s), any entrance or exit roadway, any intersection, or approaching or merging traffic.

(c) Proposed signage shall be considered in conjunction with existing signage in the vicinity to insure compatibility with existing conditions and adherence to the intent of this district.

(d) Signs shall be internally lit; no neon lighting or backlit canopies shall be permitted.

(e) Ground level/monument signage is recommended.

(f) Awning and unlit canopy signs shall contain only the name, logo and street number of the enterprise.

(g) The appearance and placement of signage shall be subject to Planning Board discretion as part of the site plan review process.

§ 200-22 Motor Vehicle Service District (MS).

A. Intent. It is the intent of the Motor Vehicle Service District to establish limited areas within the Town for the location of commercial uses designed to provide vehicular-related goods and services.

B. Permitted uses. The following uses are permitted in the Motor Vehicle Service (MS) District:

(1) Principal structures and uses.

(a) Warehousing and storage facilities.

(b) Tire, battery and other automotive parts and accessories and sales.

(c) Gasoline service stations and truck stops (special use permit required).

(d) New or used automobile, farm equipment, boat and trailer sales, rental, repair and services (special use permit required).

(e) Motor vehicle washings (special use permit required).

(f) Any structure and/or use permitted in the General Business (GB) District.

[Added 8-5-2020 by L.L. No. 4-2020]

(2) Accessory structures and uses.

(a) Uses and structures customarily incidental to the above.

(b) Signs, as permitted and regulated in compliance with § 200-29 of this chapter.

(c) Off-street parking, loading and stacking spaces or structures, as permitted and regulated in compliance with § 200-27 of this chapter.

(d) Landscaping, as required in compliance with § 200-28 of this chapter.

(e) Restaurants and restaurant services.

[Added 11-1-2006 by L.L. No. 10-2006]

(f) Convenience store.

[Added 1-16-2013 by L.L. No. 1-2013]

(g) Finance, insurance, legal, real estate services and travel agencies.

[Added 2-3-2016 by L.L. No. 1-2016]

C. Design regulations.

(1) Minimum lot area: one acre.

(2) Minimum width of lot abutting a dedicated street: 100 feet.

(3) Minimum yards for structures and parking, loading and stacking areas:

Yard	Structures (feet)	Parking, Loading and Stacking Areas (feet)
Front, from right-of-way of a dedicated street	60	20*
Side and rear, abutting a residential district	50	25*
Side and rear, abutting a nonresidential district	25	10*

*NOTE: The entire area must be landscaped in compliance with § 200-28 of this chapter.

(4) Minimum interior building separation: 30 feet.

(5) Maximum structure height: 35 feet.

(6) Maximum lot coverage: as use, yard, off-street parking, loading and stacking areas and landscaping requirements permit or require in compliance with § 200-27 and § 200-28 of this chapter.

§ 200-23 Provisions applicable to all business districts.

A. Side yard on corner lots. The shorter line abutting a street on a corner lot is the front lot line. The width of the side yard setback on the street shall be not less than the front yard setback, and the interior side yard shall comply with the minimum regulations for the district.

B. Lighting. Lighting facilities shall be arranged so that adjoining properties and streets are protected from glare and hazardous interference of any kind. In no instance shall lighting standards exceed 25 feet in height.

C. Enclosure of waste materials. All waste materials, including garbage and trash, shall be stored in covered containers in a screened or enclosed area.

D. Supplemental front yard regulations in Neighborhood Business (NB) and General Business (GB) Districts. Where 50% or more of the aggregate street frontage on one side of a street between the two successive intersecting streets is occupied by the buildings of the type and use permitted in the district, the minimum front yard of a lot to be developed shall be the average setback distance of existing buildings on the lots on either side.

E. Minimum building separations. Exception where a greater requirement has been established under the regulations for the district, separated buildings within the business districts shall not be located within 10 feet of each other.

F. Outdoor display of merchandise.

(1) Outdoor display of merchandise is allowed as an accessory use in all business districts but not within parking, loading and stacking areas.

(2) Seasonal fruit and vegetable stands.

(a) Seasonal fruit and vegetable stands requiring any structure shall be required to obtain a building permit.

(b) Seasonal fruit and vegetable sellers or any other hawker- or peddler-type use operated from the rear of a vehicle or trailer shall be required to obtain a license as required under Chapter 144, Peddling and Soliciting.