Village of East Aurora, NY Article 21 Commercial Districts

§ 285-21.1 Commercial districts established.

A. The commercial districts are listed in Table 21.1 below. When this chapter refers to commercial district, it is referring to one of the following:

Table 21.1: Commercial Districts
Commercial District Name	Abbreviation and Map Symbol
General Commercial	GC
Neighborhood Commercial	NC
Village-Center Commercial	VC

B. The commercial district names and map symbols are intended to provide a general indication of what is allowed in the district by denoting the intensity, scale, and/or type of uses permitted.

§ 285-21.2 Commercial district purpose statements.

A. General Commercial (GC) District. The purpose of the GC District is to accommodate a mix of uses that cater to Village residents, travelers and tourists, while also implementing the recommendations of the Village's adopted Comprehensive Plan. The GC District is intended to designate areas for the development of larger scale commercial activities that depend upon relatively significant volumes of motor vehicle traffic. In addition to accommodating vehicular traffic, development within the GC District shall incorporate bicycle and pedestrian amenities and circulation, including linkages to adjacent activity centers and neighborhoods. Development within this district shall employ proper design and buffering techniques of parking facilities, bicycle racks, access points, and structures to create welcoming gateways into the Village.

B. Neighborhood Commercial (NC) District. The purpose of the NC District is to facilitate increased economic development opportunity along major corridors within the Village that have, or traditionally have, presented residential character in the architectural detailing and design of original structures. The intent of the district is not only to permit the continuance of residential uses in these areas, but also to include commercial use operations of limited scale and intensity. New construction and/or the conversion of structures originally built for residential purposes is allowable, provided the residential character and walkability are maintained.

C. Village Center (VC) District. The purpose of the VC District is to maintain and enhance the character and vibrancy of the Village's uptown and downtown in a manner that is consistent with the traditional, early 20th century Main Street as demonstrated in the Village's Commercial Design Guidelines. The VC District allows for flexibility in the location, design and use of structures and land to foster a dense concentration of activity with a high degree of amenities that creates a comfortable streetscape for visitors arriving on foot, bicycle, or by motor vehicle. Future development and investment in the VC District shall be consistent with and positively contribute to the existing pedestrian-friendly environment and historic character with respect to building and site design.

§ 285-21.3 Commercial use lists.

Uses are allowed in commercial districts within the Village in accordance with Table 21.3 below.

A. Uses identified with a "P" in the table are permitted as-of-right in the zoning district, subject to compliance with all other applicable standards of this chapter.

B. Uses identified with a "SP" in the table may be allowed if reviewed and approved in accordance with the special use permit procedures contained in Article 52 of this chapter.

C. Uses not listed and those identified with a "-" are expressly prohibited.

Table 21.3: Commercial District Use Lists [Amended 12-5-2022 by L.L. No. 10-2022]
	Zoning District
Land Use	GC	NC	VC
Residential
Single-family dwellings	SP	P	P
Two-family dwellings or townhomes	SP	P	P
Multifamily dwellings, new construction	-	SP1	-
Multifamily dwellings, by conversion	SP	SP1	SP
Nursing homes or assisted living facilities	SP	SP	SP
Home occupations	P	P	P
Upper-floor dwelling units	P	P	P
Residential accessory uses or structures	P	P	P
Institutional/Other
Places of worship	P	P	P
Nonprofit or membership based clubs	P	P	P
Schools, public or private	-	P	P
Day-care centers, child or adult	P	P	P
Museums or libraries	-	P	P
Public parks or playgrounds	SP	SP	SP
Municipal structure or use	P	P	P
Parking area (not on same lot as the use it serves)	SP	-	SP
Commercial
Professional or medical offices	P	P	P
Financial institutions	P	P	P
Hotels or inns	SP	SP	SP
Motels	-	-	-
Restaurants	SP	SP2	SP
Take-out restaurants	SP	SP2	SP
Taverns and bars	SP	SP2	SP
Breweries or distilleries	SP	SP2	SP
Vehicle sales	P	SP2	SP
Vehicle service or repair shops	P	SP2	SP
Gasoline service stations	P	SP2	SP
Car washes	SP	SP2	SP
Laundromats or dry-cleaners	P	SP2	SP
Newspaper or printing shops	P	P2	P
Dance, art, music, or photo studios	P	P2	P
Funeral homes or parlors	P	P2	SP
Indoor entertainment facilities	SP	SP2	SP
Indoor recreational facilities	SP	SP2	SP
Repair or service shops	P	P2	P
Retail stores or personal service establishments	P	P2	P
Wholesale stores	P	SP2	SP
Animal grooming shops	P	P2	SP
Animal hospitals or veterinary clinics	-	SP2	SP
Kennels	-	-	-
Broadcast facilities	P	SP2	SP
Telecommunications facilities	SP	SP	SP
Mixing of permitted uses in a single structure	P	P	P
Drive-throughs ancillary to permitted use3	SP	-	SP
Dining facilities ancillary to permitted use	SP	SP	SP
Outdoor sales or storage ancillary to permitted use	SP	SP	SP
Nonresidential accessory uses or structures	P	P	P
Cannabis adult-use retail dispensary	SP	SP	SP

Notes:
1	Provided the number of dwelling units per multifamily dwelling does not exceed four.
2	Provided the use occupies an existing building footprint of no more than 5,000 square feet.
3	Except that drive-through establishments operated in conjunction with any restaurant, eating place, food service operation or beverage or liquor store shall not be permitted in any zoning district.

§ 285-21.4 Commercial lot and yard requirements.

The lot and yard requirements listed in Table 21.4 below shall apply to all commercial districts within the Village.

Table 21.4: Commercial Lot and Yard Requirements
	Zoning District
Land Use	GC	NC	VC
A. Minimum Lot Size
Single-family dwelling	9,000 square feet	9,000 square feet	9,000 square feet
Two-family dwelling	10,500 square feet	10,500 square feet	10,500 square feet
Multifamily dwelling	3,500 SF/DU1	3,500 SF/DU1	3,500 SF/DU1
Nonresidential use	13,000 square feet	35,000 square feet	10,000 square feet
B. Minimum Lot Width
Single-family dwelling	60 feet	50 feet	40 feet
Two-family dwelling	70 feet	70 feet	60 feet
Multifamily dwelling	100 feet	75 feet	75 feet
Nonresidential use	100 feet	75 feet	50 feet
C. Front Yard
Residential use	25 feet minimum 75 feet maximum	10 feet minimum 25 feet maximum	0 feet minimum 25 feet maximum
Nonresidential use	10 feet minimum 75 feet maximum	10 feet minimum 50 feet maximum	0 feet minimum 10 feet maximum
Accessory use/structure	-	-	-
D. Minimum Rear Yard
Residential use	15 feet	15 feet	15 feet
Nonresidential use	10 feet OR 25 feet2	25 feet	10 feet OR 25 feet2
Accessory use or structure	5 feet	5 feet	5 feet
E. Minimum Side Yard
Residential use	10 feet	10 feet	10 feet
Nonresidential use	10 feet	10 feet	10 feet OR 10 feet2
Accessory use/structure	5 feet	20 feet	5 feet

Notes:
1	SF/DU indicates square feet per dwelling unit.
2	When adjacent to a residential use, the larger yard requirement shall apply.

§ 285-21.5 Commercial bulk requirements.

The bulk requirements listed in Table 21.5 shall apply to all commercial districts within the Village.

Table 21.5: Commercial District Bulk Requirements
	Zoning District
Land Use	GC	NC	VC
A. Maximum Building Height1
Single/two-family dwelling	35 feet	35 feet	35 feet
Multifamily dwelling	35 feet	35 feet	35 feet
Nonresidential use	45 feet	40 feet	SPR2
Accessory use/structure	15 feet	15 feet	15 feet
B. Maximum Lot Coverage3
Single/two-family dwelling	35%	35%	35%
Multifamily dwelling	35%	35%	35%
Nonresidential use	50%	40%	SPR2
Accessory use/structure	25% of rear yard	20% of rear yard	20% of rear yard

Notes:
1	Or the average building height (with +/- one-foot margin) on the block.
2	SPR indicates that the bulk requirements of any newly constructed building and maximum lot coverage for any building or use shall be subject to review and approval through the site plan review process (Article 51).
3	Or the average lot coverage on the block.

§ 285-21.6 Additional regulations.

All other applicable requirements of this chapter, including but not limited to Article 31, Regulations for Certain Uses, and Part 4, Development Standards, shall also apply to uses in the Village's commercial district.