Except as hereinafter provided, the following regulations shall apply to all use districts listed as enumerated in § 115-14.
A.
The regulations set by this chapter within each district shall be
minimum regulations and shall apply uniformly to each class or kind
of structure or land therein, except as otherwise provided in this
chapter.
B.
No building, structure or land shall hereafter be used or occupied,
and no building or structure or part thereof shall hereafter be erected,
constructed, reconstructed, moved or structurally altered, except
as permitted in the district and in conformity with all of the regulations
herein specified and as identified in the schedule of permitted uses
and the schedule of yard, bulk, lot, area and height regulations.
C.
No building or structure shall hereafter be erected or altered which
exceeds the height or bulk; accommodates or houses a greater number
of families/units; occupies a greater part of the lot area; or has
narrower or smaller rear yards, front yards, side yards or other open
spaces than herein permitted or required.
D.
No part of a yard or other open space or off-street parking, loading
or stacking space required about or in connection with any structure
for the purpose of complying with this chapter shall be included as
part of a yard, open space or off-street parking, loading or stacking
space required for any other structure.
E.
No yard or lot existing at the time of passage of this chapter shall
be reduced in dimension or area below the minimum requirements set
forth herein. Yards or lots created after the effective date of this
chapter shall meet at least the minimum requirements established by
this chapter.
F.
No required yard shall be separated in ownership from that portion
of the lot on which a structure is located.
G.
If the minimum requirements under this chapter are already legally
noncompliant in area, dimension or capacity, such deficiencies shall
not be further reduced.
The following requirements are established to allow for the
efficient movement of motor vehicle and pedestrian traffic on private
property while reducing the potential for impacts to the Town's street
system. The regulations are also established to further the following
objectives:
A.
Provide uniformity in the physical design and construction of parking
areas which are aesthetically pleasing; and
B.
Which are of sufficient size to accommodate the minimum needs of
a given land use; and
C.
Which are not greater in size than necessary; and
D.
Which are properly arranged and located so that they do not interfere
with neighboring less intensive land uses; and
E.
Which are properly engineered to consider site topography, minimization
of off-site drainage impacts and properly place ingress/egress points
to improve traffic safety.
A.
Permanent off-street parking. Permanent off-street automobile parking
or standing space shall be provided as set forth in the schedule of
required off-street parking at the time any building or structure
or use of land is created; and at the time any building or structure
is enlarged or increased in capacity for which additional parking
is required.
B.
Maximum/minimum total. The required permanent off-street parking
spaces shown on the schedule of required off-street parking[1] shall also be the maximum number of parking spaces to
be permitted. Parking desired in excess of the schedule requires approval
from the Zoning Board of Appeals.
C.
Employee parking. Whenever parking requirements are based on the
number of employees, it shall mean the maximum number of employees
on duty on the premises at one time or any two successive shifts.
D.
Net floor area. The "net floor area" is defined as the total floor
area less permanent concourses, stairways, lobbies, elevator shafts,
bathrooms, closets, storage rooms and other similar areas which do
not contribute to the occupant load of the building.
E.
Fractional requirements. When units of measurements used in computing
the number of required off-street parking, loading and stacking space
result in the requirement of a fractional space, the nearest whole
number of off-street parking spaces shall be required;
F.
Off-site provisions. If the required number of off-street parking
spaces or standing space required by this Code cannot be reasonably
provided on the same lot on which the principal use is conducted,
the Town Board may, notwithstanding other Code provisions, permit
such space be provided on other off-street property, provided that
such space lies within 500 feet of the main entrance to such principal
use and is in the same zoning district. Such vehicle parking area
shall be deemed to be required parking associated with the permitted
use and not thereafter be reduced or encroached upon in any manner.
Such parking area shall be available in perpetuity for the life of
the principal use. If the off-site parking area is not owned by the
owner of the principal use and such available parking is created by
lease or other private arrangement, then a deed restriction or other
legal guarantee acceptable to the Town Attorney must be provided prior
to a certificate of occupancy being issued for the principal use.
G.
Pavement surface. All off-street parking areas shall be paved with
bituminous macadam or concrete. The use of stone or millings shall
not be used for off-street parking areas. Such surface materials may
be utilized for exterior storage yards where there is no storage or
handling of hazardous materials which could negatively impact groundwater
resources.
H.
Drainage. All newly constructed parking areas or enlargement of existing
parking areas must be properly drained. All surface waters from a
parking area and adjacent building rooftops must be intercepted by
use of drainage intakes and piped to an on-site drainage system with
no net increase in stormwater discharges off the premises. A stormwater
drainage design for a parking area must be prepared by a New York
State licensed professional engineer or architect and be supported
with drainage calculations.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
The following schedule lists the minimum number of required
off-street parking spaces for the listed use. The total number required
for any property with mixed uses shall be determined by computing
each use separately.
|
Land Use
|
Minimum Number of Required Off-Street Parking Spaces
|
|---|---|
|
Adult entertainment
|
1 per each 5 seats for assembly use, 1 for each 300 square feet
gross floor area for nonassembly uses
|
|
Agricultural uses
|
1 per nonfamily employee
|
|
Auto lease, rental
|
2 spaces per employee
|
|
Banks/credit unions
|
1 per 200 square feet of net floor area
|
|
Building trades, contractor's office and storage yard
|
1 per employee
|
|
Cafe, restaurant or coffee shop
|
1 per each 2 seats or standing spaces
|
|
Car wash, detail shop
|
4 per bay
|
|
Cement and cement products manufacturing
|
1 per employee
|
|
Child/adult day-care centers
|
1 per employee and 1 per 5 students
|
|
Civic uses, including museums, libraries, senior centers youth
centers, fire stations
|
1 per 1,000 square feet of gross floor area, plus 1 per employee
|
|
Colleges, universities, technical, theological schools, and
schools
|
3.3 per 1,000 square feet of gross floor area
|
|
Collision shop
|
4 per bay
|
|
Commercial keeping of agricultural animals
|
1 per nonfamily employee
|
|
Communication facilities
|
1 per employee
|
|
Conservation open spaces
|
1 per each 3 users
|
|
Convenience store
|
1 per 300 square feet of gross floor area
|
|
Crop production, dairying
|
1 per nonfamily employee
|
|
Fitness or athletic club
|
1 per 200 square feet of net floor area, plus 1 per employee
|
|
Fishing, hunting, trapping and game preserves
|
1 per each 3 users
|
|
Food processing
|
1.5 per employee
|
|
Forestry (without milling operations)
|
1 per employee
|
|
Furniture, floor covering store, hardware store/building supply
|
1 per 300 square feet of gross floor area
|
|
Golf courses
|
3 spaces for each tee, plus 1 for each employee
|
|
Hotel/motel
|
1 space per room, plus parking figured separately for banquet
rooms or accessory restaurant
|
|
Human health care institutions providing inpatient care
|
2 spaces per bed
|
|
Indoor entertainment, bowling alley, movie theaters
|
10 spaces per 1,000 square feet of net floor area, 1 per each
5 seats for movie theater
|
|
Indoor recreational sports
|
1 space per each 5 seats of spectator area and 10 spaces per
1,000 square feet of net floor area where spectator seating is not
provided
|
|
Kennel
|
1.5 per employee
|
|
Laboratories for research, testing, and product development
|
1.5 per employee
|
|
Landscape nursery
|
1 space per 300 square feet of gross retail sales area and 1
per employee
|
|
Light manufacturing
|
1.5 per employee
|
|
Liquor store
|
1 per 300 square feet of gross floor area
|
|
Lumber mill
|
1 per employee
|
|
Miniature golf, golf driving range
|
3 spaces per hole, plus 1 per employee
|
|
Mixed-use developments/planned unit developments (PUD)
|
Parking figured separately for each use
|
|
Motor vehicle repair shop
|
4 per bay
|
|
Multifamily dwellings (apartments, patio homes, condominiums)
|
2 per each dwelling unit
|
|
Natural and passive recreational parks
|
3 per each user
|
|
New and used auto sales and accessory service
|
2 per employee
|
|
Nightclub, bar or tavern
|
2 per each 5 seats
|
|
Not-for-profit institutions providing care and protection of
persons
|
1 per employee
|
|
Nursing home/assisted living center
|
2 space per bed
|
|
Offices (excluding medical offices)
|
1 per 200 square feet of net floor area
|
|
Offices, medical
|
3 per examining/treatment room, plus 1 for each employee
|
|
Open storage yards for distribution of previously prepared materials
|
1 per employee
|
|
Places for public assembly, banquet halls
|
1 per each 2 seats or standing places
|
|
Petroleum sales/convenience
|
1 per 300 square feet of gross floor area
|
|
Places of worship
|
1 per each 6 seats
|
|
Plant nurseries/greenhouses
|
1 space per 300 square feet of gross retail sales area, and
1 per employee
|
|
Printing, publishing and engraving facilities
|
1.5 per employee
|
|
Public utility stations and exchanges
|
1 per employee
|
|
Recreational vehicle sales
|
2 per employee
|
|
Retail sales
|
1 per 300 square feet of gross floor area
|
|
Rifle/archery ranges
|
1 per target area, plus 1 per employee
|
|
Seasonal-use cottages
|
2 per dwelling unit
|
|
Self-storage facility
|
1 per 100 individual storage units, plus 1 for each employee
|
|
Shopping center/supermarkets
|
5 per 1,000 square feet of gross floor area
|
|
Single-family dwellings
|
2 per dwelling unit
|
|
Ski resorts/winter recreation activity centers
|
2 spaces for each 5 seats within lodge or place of assembly
|
|
Solid waste landfill as regulated by NYSDEC
|
1 per employee
|
|
Truck terminal
|
1 per employee
|
|
Truck, trailer sales and rental
|
2 spaces per employee
|
|
Veterinary clinic
|
1 per 200 square feet of net floor area
|
|
Warehousing/distribution
|
1.5 per employee
|
|
Welding and fabrication
|
1 per employee
|
All new and enlargements of existing parking areas shall meet
the following dimensional standards and be provided with pavement
markings that are consistent with the figure and table below. The
provision of handicap parking spaces shall be provided consistent
with the minimum accessibility requirements of the New York State
Building Code.
|
|
n
|
s
|
a
|
c
|
U'
|
S'
|
U'
|
|---|---|---|---|---|---|---|
|
90°
|
19'-0
|
24'-0 two-way travel
|
9'-0
|
62'-0
|
19'-0
|
62'-0
|
|
60°
|
21'-0
|
18'-0 one-way travel
|
10'-5
|
60'-0
|
18'-9
|
55'-6
|
|
45°
|
19'-10
|
13'-0 one-way travel
|
12'-9
|
52'-8
|
16'-7
|
46'-2
|
To prevent motor vehicles from creating obstructions and traffic
safety conflicts within public roadways or obstructions to internal
vehicular circulation paths, the following uses shall provide stacking
spaces for vehicles to queue on premises in the amount shown. Space
for vehicle queues shall be a minimum of nine feet by 19 feet.
Lighting of parking areas shall be lit only to the extent necessary
to produce enough lumens necessary to ensure public safety. Illumination
shall not be used for the purpose of advertising or attracting attention
to the principal use. Lighting fixtures shall be designed, sized,
and located so as not create light nuisances to adjoining lands or
cause glare hazardous to pedestrians or persons using adjacent public
streets. Lights used for parking areas must meet the following requirements:
A.
All lighting must utilize freestanding light poles and downlight
parking areas, with a total mounting height above grade not to exceed
25 feet.
B.
All lights shall be shoebox style with nonadjustable heads and flat
lenses.
C.
All electrical wiring of lights shall be underground, with no overhead
connections.
D.
Lights and support poles shall be black or brown in color. The use
of wooden utility poles for lighting is not permitted.
Area light for buildings, walkways and other exterior features
shall only utilize downlighting; the use of lights to up light areas
or structures shall not be permitted. Up-lighting of the American
flag or the temporary up-lighting of holiday decorations shall be
exempt from this section.
A.
All new parking areas or enlargement of existing parking areas shall
be visually screened from any adjacent lot (including lots situated
across a street) which is situated within an AR-Agricultural Residential,
HR-Hamlet Residential District or existing residential use in the
following manner:
(1)
Along an interior or rear property line with a solid wood board fence
with a minimum fence height of six feet. Parking areas which are adjacent
to residentially zoned lots or residential structures and which are
in excess of 100 feet from such lots or structures may screen the
parking areas with coniferous trees for a vegetative screen in lieu
of solid fencing.
(2)
Along a road right-of-way with a planting area a minimum width of
50 feet and planted with a compact vegetative screen to soften the
visual blight of the parking area.
B.
Any parking area established for the storage of vehicles which are
unlicensed and/or inoperative and awaiting repair shall be screened
from view off the property by a solid wood board fence with a minimum
fence height of six feet.
A.
Intent. It is the intent of this section to promote the public health,
safety and general welfare of the community by requiring the landscaping
of all commercial developments and by requiring landscaping to be
an integral component of a commercial development. The preservation
of existing flora and/or the replacement flora displaced by commercial
development contributes to the character of a community and provides
a betterment to the quality of life for the residents and individuals
doing business with the Town. This section is further established
to provide minimum standards and criteria for the placement of landscaping;
reduce the effects of wind and air turbulence, heat, noise and automobile
headlight glare; reduce the level of carbon dioxide and provide pure
oxygen to the atmosphere; provide shade value to parking and other
open areas; prevent soil erosion and to improve the viewshed of road
corridors.
A.
All commercial developments which require site plan approval shall
provide landscape areas which are not less than 30% of the entire
project site.
B.
Parking areas for 25 or more vehicle shall reserve 10% of the impervious
area for interior landscaping. Interior landscaping shall be comprised
of interior islands curbed with six-inch-high, poured-in-place concrete
curbing or granite curbing.
C.
Interior islands within parking areas shall be provided with shade
trees having a minimum caliper of 2.5 inches.
D.
The perimeter of all parking areas shall be provided with shade trees
having a minimum caliper of 2.5 inches and a spacing between trees
no greater than 40 feet on centers.
E.
All trees required as part of an approved site plan shall be No.
1 grade according to the New York State Nurseryman's Standards and
be balled and burlaped and properly staked.
F.
All coniferous trees required as part of an approved site plan shall
have a minimum height of five feet. All deciduous shade trees for
parking areas, street/roadway plantings and shading of perimeters
areas shall have a minimum caliper of 2.5 inches.
G.
Plastic or artificial plantings shall not be permitted.
H.
The primary emphasis of landscaped areas shall be on trees. Shrubbery,
hedges, grass and other vegetation shall be used to complement the
use of trees but shall not be the primary emphasis of a landscaping
scheme.
I.
All disturbed areas proposed for lawns shall be provided with a minimum
of three inches of topsoil and seeded to establish a 90% germination
rate.
A.
All site plans shall show a landscaping layer indicating the location
of all trees, low-level plantings, material to be utilized in landscape
beds and specifications for establishing lawn areas.
B.
A planting schedule shall be provided, showing the quantity of each
tree or shrub specie, its common name and its minimum size.
C.
A planting detail shall be provided for coniferous/deciduous trees
and shrubs, showing soil mix for each, and tree staking requirements.
D.
Details of any proposed fencing, retaining walls or other site features
shall also be provided on the site plan.
All landscaping, fencing and other site features required for
site plan approval shall be maintained perpetually with the building
and other improvements on the site, and consistent with the approved
site plan. Trees and shrubs which die or otherwise become destroyed
shall be replaced. Fencing, retaining walls and other site features
shall be maintained in a safe condition and shall be protected from
deterioration. Fencing, retaining walls and other site features which
become deteriorated or destroyed shall be replaced.
A.
Prior to stripping of soil, the grading, filling or alteration of
the natural topography of land within the Town of Sardinia, a grading
plan must be approved by the Town Code Enforcement Officer. All such
grade changes shall be for the purposes of an approved land use or
permitted construction activity. Soil disturbances of one acre or
greater shall require an approved State Pollutant Discharge Elimination
System (SPDES) permit before such activities can be approved by the
Town.
B.
Preparation of soils for agricultural farming and crop production
are exempt from requirements of this section.
A.
A principal use specified in one zoning district shall not be established
as an accessory use in another zoning district unless such use is
listed as a permitted use. Such accessory use must be customarily
incidental and subordinate to the principal use and located on the
same lot therewith.
B.
Accessory uses shall not be established prior to the establishment
of a principal use, unless listed as permitted by this chapter through
a Zoning Board of Appeals special use permit.
The following temporary structures and uses, when in compliance
with all applicable provisions of this chapter, shall be permitted
subject to the following:
A.
Construction trailers used in conjunction with a construction project
shall be permitted on a construction site for which a valid building
permit has been issued by the Town Code Enforcement Officer. Such
trailer must be a minimum of 10 feet from any property line.
B.
Temporary signs related to a construction project for a contractor,
design professional or to provide project information. Such signs
shall not exceed 32 square feet in area, shall not be placed within
the road right-of-way and shall be removed once the project is completed.
C.
The temporary sales of products, wares or similar merchandise which are not accessory or materially affiliated to a business on premises, including but not limited to the sale of artwork, rugs, furniture, foodstuffs, Christmas trees/seasonal products and similar consumer goods. Such temporary sales shall be permitted subject to the issuance of a temporary use permit by the Zoning Board of Appeals consistent with § 115-100 of this chapter.
D.
Temporary buildings as defined in this chapter may be permitted for seasonal use subject to an approved building permit and consistent with the minimum required yard and maximum size requirements of this chapter. Temporary buildings used in conjunction with the temporary sales of products as listed in Subsection C of this section, above, must have an approved temporary permit and location plan by the Zoning Board of Appeals prior to a building permit issued by the Town Code Enforcement Officer.
The following regulations shall apply to all use districts enumerated in § 115-14 or as applicable below.
A.
Height exceptions. The height limitations established within the
Schedule of Yard, Bulk Lot Area and Heights[1] shall not apply to chimneys, church spires and belfries,
water tanks or necessary mechanical features not occupying more than
1/10 of the roof area.
[1]
Editor's Note: Said schedule is included as Attachment 1 to
this chapter.
B.
Lot frontage on street. No dwelling shall be erected on any lot which
does not have immediate frontage on a legal right-of-way to an existing
platted street or highway.
C.
Minimum required front yard depth-widened streets. Properties fronting
streets which are widened or proposed to be widened after the adoption
of this chapter shall meet the minimum required front yard depth as
shown in the Schedule of Yard, Bulk Lot Area and Heights for any new
structure or accessory use from the widened street right-of-way.
D.
Permitted projections or obstructions within required yards. None
of the following uses, structures or parts of structures shall be
considered as obstructions when located as specified.
(1)
In any required open space:
(a)
Walks, unenclosed stairs or retaining walls of any necessary
height.
(b)
Fence or wall not exceeding 3 1/2 feet in height, except
as otherwise required for screening, but not in any visibility triangle
on a corner lot.
(c)
Flagpoles not exceeding 20 feet in height.
(d)
Roof overhangs projecting not more than one foot into a required
open space.
(f)
Unenclosed decks or terraces not extending more than one foot
above the adjoining finished grade nor more than eight feet from structure.
(g)
Projections from a principal building as follows, provided that
no projection is nearer than five feet to a side lot line:
(h)
Enclosures for utilities serving a building or buildings located
on the premises, provided the enclosure is located a minimum of 25
feet from any street property line and five feet from any side property
line, and such enclosure is screened with hedges or similar landscaping
to soften its appearance.
(2)
In any required interior side yard:
(a)
Children's play equipment, including but not limited to swing
sets, playhouses and trampolines, providing such equipment is a minimum
of five feet from a property line.
(b)
Firewood or similar exterior storage of materials accessory
to a residence, providing such storage is a minimum of five feet from
a property line and does not exceed a height of five feet.
(3)
In any rear yard, not a front yard equivalent, or in any part of
an interior side yard:
(a)
Fence or wall not to exceed six feet in height in any zoning
district. Razor ribbon and concertina wire fence topping is not permitted.
Tennis court enclosures not exceeding 12 feet shall be permitted to
exceed the six-foot-fence limitation.
(b)
Projections, balconies, bay windows, nonweatherproofed porches,
breezeways or attached garages, not exceeding 12 feet in height, may
extend into a required rear yard for a distance not to exceed 1/4
the required depth of such yard.
(c)
Accessory residential radio or television antennas of any height,
provided that such structure shall be set back from any property line
a distance equal to its height.
E.
Visibility at intersections. No fence, wall, sign, hedge, shrub planting
or tree foliage which obstructs sight lines at elevations between
two feet and six feet above the roadway or sidewalk shall be placed
or permitted to remain on any corner lot in the triangular area formed
by intersection street property lines and a line connecting them at
points 50 feet distant from their intersection or, in the case of
a rounded or cutoff corner, from the intersection of such lines extended.
A.
Dumping of garbage, refuse, rubbish or trash is prohibited on any
private property unless within an approved municipal landfill. The
storage or stockpiling of garbage, refuse, rubbish or trash shall
also be prohibited on any private property for any extended period
of time. All such waste items may be maintained on private property
until normally scheduled refuse pickup services.[1]
B.
All sanitary facilities constructed for the purpose of disposing
residential sanitary waste or commercial effluent shall be done in
accordance with the minimum requirements of the New York State Uniform
Fire Prevention and Building Code and with an approved permit issued
by the Erie County Health Department to construct such private individual
waste disposal systems.
