[Amended 5-4-2020 by L.L. No. 2-2020; 11-1-2021 by L.L. No. 6-2021]
Every building used as a dwelling shall be located on a lot; and, except for permitted accessory dwellings and zoning districts that specifically allow dwelling groups, there shall be not more than one such building on a lot. No dwelling shall be erected on any lot which does not have immediate frontage on an existing or platted street or highway as provided in New York State Village Law § 7-736. Such immediate frontage shall have a minimum width as set forth in Articles 20, 21 and 22 of this chapter. Flag lots with frontage of less than 90% of the required frontage for a district shall be prohibited and are defined as parcels with minimal road frontage and long, narrow accessways leading to a larger lot area, normally behind other parcels with traditional road frontage, (i.e., a lot shaped like a flagpole at the road leading to a larger lot area the shape of a flag).
The height limitations of this chapter shall not apply to:
A.
Churches, schools and other public buildings when permitted in any
residential district, provided that the yard requirements are complied
with.
B.
Church spires, belfries, cupolas and domes, monuments, chimneys,
smokestacks, flagpoles, water tanks, elevator penthouses, and conveyors
provided that the aggregate horizontal area of such parts shall not
exceed 20% of the ground floor area of the main building.
C.
Parapet walls not over four feet high.
A.
In the case of a corner lot in any residential district, all buildings
shall comply with the front yard requirements for each street. The
interior yards shall be considered side yards.
B.
In the case of a corner lot in any commercial or manufacturing district
which abuts a lot in any residential district, all buildings on such
corner lot shall have a setback from the street on which the lot in
the residential district fronts equal to 60% of the front yard requirement
of the residential district.
Within the triangle formed by two intersecting street lines
and a line joining points on such street lines 30 feet from their
intersection, no fence, wall, hedge or dense foliage shall be erected,
planted or maintained between the heights of two feet and six feet
in any residential district. Open type fences less than 10% solid
may be four feet high.
Except for lots which have a lot width of less than 50 feet or have a lot area of less than 7,500 square feet, the lot width and lot area requirements of this chapter shall be automatically waived to permit the erection of a single-family dwelling on any lot which was of record ownership at the time this chapter became effective and which was then in ownership separate from any adjoining land in the same block frontage. The development of such dwelling shall be subject to site plan review in accordance with Article 51 of this chapter.
In any case, in any commercial or manufacturing district where
any building or portion thereof is used for residential purposes,
400 square feet of open space per dwelling unit shall be provided
exclusively for recreation and household service activities.
The following structures shall be allowed within required yards:
A.
The ordinary projection of window sills, belt courses and other ornamental
features to an extent of not more than six inches.
B.
Balconies, bay windows, cornices, chimneys and roof projections not
to exceed three feet.
C.
A retaining wall of any height deemed necessary by a licensed professional.
D.
Unenclosed or nonweatherproofed porches in rear yards, but not more
than 25% of the required depth of such yard.
E.
Unenclosed steps not extending above the floor level of the first
story, provided such steps are at least five feet from any lot line.
F.
A paved terrace, provided that such terrace is unroofed and without
walls and at least five feet from any lot line.
A.
The purpose of this article is to place requirements on certain uses
that have a greater potential to adversely impact surrounding properties
but may be desirable and compatible provided proper control and regulation.
These requirements are intended to promote the public health, general
safety, and neighborhood character of the immediate neighborhood and
the larger community.
B.
The following requirements are applicable to all uses, permitted and specially permitted, noted in this chapter. Uses allowable by special use permit must obtain Village Board approval via the special use permit process (Article 52) prior to operation. Uses permitted by right do not require Village Board approval, provided they meet all applicable requirements set forth in this article.
[Amended 5-4-2020 by L.L. No. 2-2020]
C.
No authorization for a special use permit or building permit shall
be granted by the Village Board or CEO for any use listed in this
section unless it is determined that the proposed use also meets the
additional regulations required in this section.
A.
Purpose. The purpose of regulating accessory dwelling units is to:
(1)
Create new housing units while respecting the look and scale
of single-family residential development;
(2)
Increase the housing stock of existing neighborhoods in a manner
that is less intense than alternatives;
(3)
Allow more efficient use of existing housing stock and public
infrastructure;
(4)
Provide a mix of housing options that responds to changing family
needs and smaller households;
(5)
Offer a means for residents, particularly seniors, single parents,
and families with grown children, to remain in their homes and neighborhoods;
and
(6)
Promote a broader range of affordable housing.
B.
Parcel restrictions.
(1)
One accessory dwelling unit with no more than one bedroom is
permitted on a single parcel in addition the primary single-family
dwelling unit.
(2)
Under no circumstances may a detached accessory dwelling unit
be separated from or subdivided from the parcel containing the primary
residential unit.
C.
Owner-occupancy requirements.
(1)
One of the dwelling units on the parcel shall be occupied by
one or more owners of the property as a permanent residence for at
least six months out of the year and who at no time may receive rent
for more than one unit on the parcel.
(2)
The property owner(s) shall sign an affidavit before a notary
public affirming that the owner occupies either the principal residential
unit or the accessory dwelling unit and submit it to the CEO.
(3)
When a parcel containing an accessory dwelling unit is sold
or ownership transferred, the new owner(s), if they wish to continue
to rent or lease one of the units, must within 30 days of the sale
sign a new affidavit before a notary public stating that they will
occupy one of the dwelling units on the parcel as their primary residence
and submit it to the CEO.
(4)
The individual sale of any accessory dwelling unit apart from
the principal use is strictly prohibited.
D.
Additional regulations.
(1)
The accessory dwelling unit shall be a complete, separate housekeeping
unit containing both kitchen and bath and must meet all New York State
Uniform Code Requirements.
(2)
Any new separate outdoor entrance serving an accessory dwelling
unit shall be located on the side or in the rear of the building for
an accessory dwelling unit that is in or attached to the primary residential
unit. This provision shall not apply to detached accessory dwelling
units.
(3)
An accessory dwelling unit shall be designed to maintain the
architectural design, style, appearance, and character of the primary
residential unit. Any addition must be consistent with the existing
facade, roof pitch, siding and windows of the primary residential
unit. Any addition shall not exceed the height of the primary structure.
A.
General requirements.
(1)
Accessory structures or uses shall be clearly incidental to
the primary structure or use in size and function.
(2)
No accessory structure or use shall be established or constructed
until the primary structure or use is constructed.
(3)
Accessory uses and structures considered to be similar in nature
to those listed in this section and deemed appropriate by the CEO
may also be allowed in the Village.
(4)
In any district, no accessory structure shall be used for residence purposes except as permitted in § 285-31.2, Accessory dwelling units, of this chapter.
(5)
In any residential district, no access driveway to or from a
commercial or industrial use shall be deemed to be an accessory use.
(6)
In any district, automobile wrecking shall not be deemed to
be an accessory use.
B.
Permitted residential accessory structures or uses.
(1)
Detached deck, patio, or terrace.
(2)
Detached residential garage or carport.
(3)
Attached residential garages, carports, decks and terraces located
behind the front building line of the primary structure.
(4)
Child's playground or playhouse.
(5)
Plant nursery, home garden, or greenhouse.
(6)
Enclosed storage structure.
(8)
Handicapped access ramp, installed permanently, provided it
does not obstruct access to required parking.
(9)
Electric vehicle charging stations when located within an enclosed
structure or behind the front building line of the primary structure.
(10)
Solar energy systems, provided they are located on the roof
of the structure and do not cause the structure to exceed maximum
building height requirements. Solar energy systems may be located
on the ground with special use permit approval by the Village Board.
(11)
Wind energy systems, provided they are located in the rear yard
and conform to the setback and height restrictions of the district
in which it is located. Wind energy systems may be located on the
roof of a structure with special use permit approval by the Village
Board.
C.
Permitted nonresidential accessory structures and uses.
(1)
Decks, patios, and terraces.
(2)
Detached garage, when located behind the front building line
of the primary structure.
(3)
Enclosed storage structure.
(4)
Fence or wall.
(5)
Handicapped access ramp, installed permanently, provided it
does not obstruct access to required parking.
(6)
Electrical vehicle charging stations, subject to the provisions
of off-street parking areas in this chapter.
(7)
Solar energy systems, provided they are located on the roof
of the structure and do not cause the structure to exceed maximum
building height requirements. Solar energy systems may be located
on the ground with special use permit approval by the Village Board.
(8)
Wind energy systems, provided they are located in the rear yard
and conform to the setback and height restrictions of the district
in which it is located. Wind energy systems may be located on the
roof of a structure with special use permit approval by the Village
Board.
(9)
Walkup service windows facing any public right-of-way when accessory
to a permitted retail sales and service use. Pedestrian safety, access,
and connectivity shall be addressed on site.
A.
Legislative intent. Buildings and establishments operated as adult
uses are determined to be detrimental and harmful to the health, safety,
and general welfare of the community. In order to promote the health,
safety, morals and general welfare of the residents of the Village
of East Aurora, including property values, community character, quality
of life, business climate and the prevention of crime, this article
is intended to restrict adult uses to nonresidential, nonbusiness
and noncommercial areas of the Village, and otherwise regulate their
operation. Moreover, in that the operational characteristics of adult
uses increase the deleterious impact on a community when such uses
are concentrated, this article is intended to promote the health,
safety, morals and general welfare and good order of the residents
of the Village of East Aurora by regulating the concentration of such
uses. This article is not intended to control the content of materials
purveyed and is not an attempt to restrict the constitutional right
to free speech.
B.
Restrictions. Adult uses, including adult bookstores, adult motion
picture theaters, adult mini-motion picture theaters and adult entertainment
establishments as defined by this Code, shall be permitted subject
to the following restrictions.
(1)
No such adult uses shall be located within 1,500 feet of another
existing adult use.
(2)
No such adult use shall be located within 200 feet of the boundaries
of residential or commercial zoning district.
(3)
No such adult use shall be located within 500 feet of a preexisting
school, church or other similar place of worship.
(4)
No such adult use shall be located in any zoning district except
the GM District.
C.
Prohibition regarding public observation. No adult use shall be conducted
in any manner that permits the observation of any material depicting,
describing or relating to specific sexual activities or specified
anatomical areas from any public way or from any property other than
the property where the adult use is located. This provision shall
apply to any display, decoration, sign, show window or other opening.
A.
The legislative intent and purpose of this section is to recognize
the distinction between amateur communications station facilities,
including antennas and support structures and public telecommunications
stations, antennas and support structures otherwise regulated herein.
The intent and purpose is to establish a balance between the requirements
under federal and state laws, rules and regulations to reasonably
accommodate amateur communications with the legitimate concerns of
the Village of East Aurora to protect to the maximum extent practicable
the suburban character of the Village, aesthetic considerations and
the health, safety and general welfare of the public.
B.
Amateur communications station facilities, including antennas and
support structures, may be permitted as accessory structures and uses
in any zoning district, subject to the reasonable limitations and
regulations on any lot. This shall include any devices, antenna, support
structures, including poles and support towers placed in the yard
area of a lot to be utilized by amateur radio operators (known as
"HAMS"), licensed by the Federal Communications Commission.
C.
Site plan review approval from the Village Board and a building permit
from the CEO must be obtained prior to the installation of such amateur
communications station facilities.
(1)
The applicant shall submit a site plan which shall be drawn
to scale, showing the location of all buildings on the lot, lot lines
and of any existing poles on the lot (utility, flag, etc.). The site
plan shall also clearly indicate the location of the antenna support
structure on the lot and its dimensions and characteristics, such
as height and width and shall indicate, where reasonably required,
the type of anti-climb device(s) to be installed.
(2)
The applicant shall provide the Village CEO with a copy of his/her
license issued by the Federal Communications Commission, with proof
that license is current and valid. The applicant shall further provide
proof that all required county, state and federal permits have been
obtained.
(3)
The applicant shall provide to the Village CEO the manufacturer's
specifications or generally recognized engineering handbooks for installation
of antenna support structures, details of footings, braces or other
necessary aspects of installation.
(4)
The applicant shall submit to the Village CEO sufficient information
to justify the proposed height of an antenna or antenna tower as a
minimum necessary to achieve its coverage objectives.
D.
Not more than one antenna tower shall be permitted on any lot.
E.
The maximum height of a freestanding antenna or an antenna tower
which is mounted on the ground shall be 50 feet. Said height shall
be measured from the highest part of the freestanding antenna or antenna
tower and attached antennas to the ground at the base of the freestanding
antenna or antenna tower.
F.
Antennas and antenna towers shall be permitted in rear yards only,
unless a variance is granted by the Zoning Board of Appeals.
G.
The minimum setbacks from all lot lines for antennas and antenna
towers including, but not limited to, the base on which they are placed,
shall comply with the minimum setbacks established for the district
in which structures are located. The antenna span shall not encroach
into the neighboring property line.
H.
Exempt from the regulations established in this section are antennas
which consist of a single wire, provided that wire is not attached
to a mast, pole or antenna tower.
I.
Antennas, antenna towers and accessory antenna structures shall be
designed, located and screened or buffered in such a manner which
provides to the maximum extent practicable compatibility with surrounding
land uses. In order to minimize adverse aesthetic effects on neighboring
residences to the extent practical, the Planning Commission may recommend
reasonable conditions on said structures including, but not limited
to, the following:
(1)
Visual screening. The Planning Commission may recommend the
base of the antenna, antenna tower or accessory antenna structure
to be visibly screened from adjoining lots. Said visual screening
shall include, but shall not be limited to, fences, walls and landscaping.
Existing on-site trees and other vegetation shall be preserved to
the maximum extent practicable and may be substituted or enhanced
in order to meet landscaping requirements. The shield required herein
shall be sufficient to shield the view of the lower most six feet
from the road and in neighboring yards.
(2)
Lighting. Unless otherwise required by federal or state law,
rules and regulations, artificial lighting shall not be permitted
to be placed on or to shine onto antennas, antenna towers or support
structures. If artificial lighting is used, that lighting shall be
aimed or shielded to the maximum extent practicable so as to minimize
adverse effects on surrounding premises.
(3)
Colors and painting. Unless otherwise required by federal or
state law, rules and regulations, antennas and antenna towers shall
have a galvanized finish or be painted matte gray. All support structures
shall maximize the use of building materials, colors and textures
which are designed to blend with the natural surroundings.
(4)
Signs. Unless otherwise required by federal or state law, rules
and regulations or specifically mandated by the Planning Commission
for warning, modification or other purpose, signs shall not be permitted
on antennas or antenna towers or their supportive structure.
J.
The owner of an antenna or antenna tower shall provide a certification
from a New-York-State-licensed professional engineer that the design
of the antenna or antenna tower meets all applicable structural safety
requirements. The antenna or antenna tower shall be placed, erected
or constructed and maintained in conformity with all applicable codes,
rules and regulations.
A.
A B&B shall only be permitted as a specified use in a single-family,
detached dwelling.
B.
The residential character of the dwelling shall be preserved and
no structural alterations, construction features, or site features
of a nonresidential nature shall be incorporated.
C.
The owner and/or operator of the B&B shall live full-time on
the premises.
D.
No more than two nonresidents of the premises shall be engaged as
an employee of the operation.
E.
A B&B shall have a maximum of three guest rooms with no more
than two guest rooms sharing a single bath and no more than six adult
guests at one time. For the purpose of this section, "adult" means
any person over the age of 18.
F.
Off-street parking shall be provided in accordance with this chapter,
and may not be located in the front yard. The Village Board shall
approve the location and screening of said parking spaces.
G.
There shall be no change in the outside appearance of the building
or premises that detracts from the residential character of the residence
or from the residential character of the neighborhood, or other visible
evidence of the conduct of such B&B.
A.
Vehicular ingress and egress shall be provided so as to reduce the
impacts of traffic congestion on adjacent property and public streets.
B.
Drive-through facilities, including any protective canopies, signage,
drive-through travel lanes, or other associated elements, shall meet
the setback requirements for the property.
C.
Drive-through facilities with an amplified audio/visual system shall
not be located adjacent to residential uses or districts.
D.
Stand-alone drive-through facilities are not permitted (i.e., as
the primary use).
E.
Stacking space for drive-through facilities shall not impede on-
or off-site traffic movements. The stacking space shall be delineated
from other internal areas through the use of pavement markings that
are identifiable during all seasons. The number of stacking or queuing
spaces required by drive-through activity type shall be determined
by the Village Board.
F.
Drive-through establishments operated in conjunction with any restaurant,
eating place, food service operation or beverage or liquor store are
not permitted.
A.
Permitted home occupations include, but shall not be limited to,
the following: accountant, architect, artist, author, barber, beautician,
consultant, counselor, dentist, doctor, dressmaker, engineer, insurance
agent/broker, lawyer, photographer, realtor, tailor, teacher, and
tutor.
B.
Prohibited home occupations include those that would generate adverse
impacts to or are incompatible with the existing character of a residential
neighborhood. These uses include, but are not limited to, the following:
ambulance services, animal care services, and motorized vehicle sales
or repair.
C.
The home occupation shall be owned and operated by the full-time
resident(s) of the dwelling and shall operate wholly within an enclosed
structure. Not more than one person not residing in the household
shall be employed in the home occupation. Additional individuals may
be employed by or associated with the home occupation in so far as
they do not report to work at the home occupation site.
D.
A home occupation must be clearly incidental and secondary to the
use of the residential dwelling and shall be permitted to occupy no
more than 30% of the residence.
E.
The operation of a home occupation shall in no way change or alter
the residential appearance or character of the premises or neighborhood
in which it is located.
F.
There shall be no exterior display or storage of materials, good,
supplies, or equipment related to the operation of the home occupation.
G.
No home occupation shall be conducted in such a manner as to produce
noise, dust, vibration, glare, smoke, or smell, electrical, magnetic
or other interference, fire hazard, or any other nuisance not typically
found in a residential neighborhood.
H.
Activity involving on-site retail sales is prohibited, except the
sale of items that are incidental to a permitted home occupation.
I.
Deliveries to home occupations on residential streets shall be permitted
by two-axle vehicles only.
The following requirements shall apply to outdoor sales and
display areas related to nonresidential uses only.
A.
The display area shall not exceed 10% of the gross floor area of
the primary structure.
B.
The display area shall not block automotive traffic, sidewalks, fire
lanes, or other travel lanes.
C.
Such displays shall be allowed adjacent to a principal building wall
and extending to a distance no greater than 10 feet from the wall.
D.
Such displays shall not be permitted to block windows, entrances
or exits and shall not impair the ability of pedestrians to use the
building.
E.
The items for display are for sale and said area is not used for
storage purposes.
A.
Outdoor storage shall be allowed only in nonresidential districts
and shall be subject to the following requirements. The requirements
of this section shall not apply to residential uses.
B.
Commercial Districts and the Mid-Main Overlay District.
(1)
Outdoor storage shall not be permitted in the front yard.
(2)
Outdoor storage areas shall not occupy more than 10% of the
lot.
(3)
Outdoor storage areas shall be fully screened to ensure the
area is not visible from the public right-of-way or adjacent residential
districts or uses.
(4)
Screening shall be of sufficient height and density to completely
hide storage from public view, including from streets and other public
rights-of-way.
(5)
Outdoor storage only of products used or sold by the on-site
business.
C.
Manufacturing districts.
(1)
Outdoor storage shall not be permitted in the front yard.
(2)
All outdoor storage shall be fully screened to ensure the area
is not visible from the public right-of-way or adjacent residential
districts or uses.
(3)
Screening shall be of sufficient height and density to completely
hide storage from public view, including from streets and other public
rights-of-way.
(4)
Contractor material and equipment storage must be a minimum
of 200 feet from a residential or open space district.
(5)
Outdoor storage only of products used or sold by the on-site
business.
The provisions of this chapter shall not be so construed as
to limit or interfere with the development or use of public buildings
used for governmental purposes, or with the construction, installation,
operation and maintenance for public utility purposes of water and
gas pipes, mains and conduits, electric light and electric power transmission
and distribution lines, telephone and telegraph lines, sewers and
sewer mains and incidental appurtenances or with any highway or railroad
right-of-way existing or hereafter authorized by the Village of East
Aurora, County of Erie, or the State of New York. The above exceptions
shall not be construed to permit yards, garages or other buildings
for service or storage by said public utilities except as otherwise
permitted by this chapter.
[Added 12-5-2022 by L.L. No. 10-2022]
A.
Legislative intent. In order to promote the health, safety and general
welfare of the residents of the Village of East Aurora, including
property values, community character, quality of life, business climate
and the prevention of crime, this section is intended to restrict
cannabis uses to being located in certain zoning districts as more
fully set forth herein. Further, that all cannabis uses proposed to
operate within the Village shall be required to obtain a special use
permit, regardless of the zoning classification, to ensure strict
compliance with these regulations.
B.
Restrictions. Cannabis uses, including retail dispensaries, cultivators,
nurseries, processing facilities, distributors and distribution centers,
adult-use cooperatives, adult-use microbusinesses, and delivery services
and operations, shall be permitted subject to the following restrictions:
C.
Security. Any cannabis use set forth above, regardless of its location,
shall take all necessary security measures at any facility permitted
by a special use permit. Unless otherwise required as a condition
of the special use permit, the following requirements must be met:
(1)
All facilities where a cannabis use shall be established shall
install a fully operational camera system sufficient to be used at
night and covering all areas on the property to be so used.
D.
General regulations.
(1)
Odor at the facility where a cannabis use shall be established
shall be maintained to limit odors onto adjoining properties to the
greatest extent possible.
(2)
Mobile sales shall be strictly prohibited. Nothing herein shall
prevent licensed delivery vehicles with sufficient security features
from making deliveries. All delivery operations shall be listed and
described as part of the special use permit application.
(3)
No on-site use, consumption, sampling, ingestion, injection,
or similar functions shall be permitted at any time.
E.
Definitions. As used in this section, the following terms shall have
the meanings indicated:
(1)
CANNABIS USE FACILITY
Generally:
Any location, property, building, structure, accessory structure,
or facility where cannabis, cannabis products, and/or related materials
are located, sold, manufactured, used, smoked, ingested, processed,
grown, cultivated, bartered, used, delivered, transported, advertised,
or stored, including retail dispensaries, cultivators, nurseries,
processing facilities, distributors and distribution centers, adult-use
cooperatives, adult-use microbusinesses, and delivery services and
operations.
(2)
COOPERATIVE
CULTIVATOR
DELIVERY
DISTRIBUTOR
MICROBUSINESS
NURSERY
PROCESSOR
RETAIL DISPENSARY
Specific uses:
A state-issued cooperative license authorizes the acquisition,
possession, cultivation, processing and sale from the licensed premises
of the adult-use cooperative by such licensee to duly licensed distributors,
on-site consumption sites, registered organizations and/or retail
dispensaries; but not directly to cannabis consumers.
"Cultivation" means the growing, cloning, harvesting, drying,
curing, grading, and trimming of cannabis plants. A state-issued cultivator's
license authorizes the acquisition, possession, distribution, cultivation
and sale of cannabis from the licensed premises of the adult-use cultivator
to a licensed processor.
A state-issued delivery license authorizes the delivery of
cannabis and cannabis products by licensees, independent of another
adult-use cannabis license, to cannabis consumers. Delivery licenses
may not have a total of more than 25 individuals, or the equivalent
thereof, providing full-time paid delivery services to cannabis consumers
per week under one license.
Any person who sells at wholesale any cannabis product for
which a license is required. A state-issued distributor's license
authorizes the acquisition, possession, distribution and sale of cannabis
from the licensed premises of a licensed adult-use processor, adult-use
cooperative, microbusiness, or registered organization authorized
to sell adult-use cannabis to duly licensed retail dispensaries, on-site
consumption sites and adult-use delivery licensees.
A licensee that may act as a cannabis producer for the cultivation
of cannabis, a cannabis processor, a cannabis distributor, and a cannabis
retailer. A microbusiness license authorizes the limited cultivation,
processing, distribution, delivery, and sale of their own adult-use
cannabis and cannabis products.
A licensee that produces only clones, immature plants, seeds,
and other agricultural products used specifically for the planting,
propagation, and cultivation of cannabis by licensed adult-use cannabis
cultivators, microbusinesses, cooperatives and registered organizations.
A state-issued nursery license authorizes the production, sale and
distribution of clones, immature plants, seeds, and other agricultural
products used specifically for the planting, propagation, and cultivation
of cannabis by licensed adult-use cultivators, cooperatives, microbusinesses,
or registered organizations.
A licensee that extracts concentrated cannabis and/or compounds,
blends, extracts, infuses, or otherwise manufactures concentrated
cannabis or cannabis products. A state-issued processor's license
authorizes the acquisition, possession, processing, and sale of cannabis
from the licensed premises of adult-use cultivators to licensed distributors.
"Retailer" means any person who sells at retail any cannabis
product to cannabis consumers. A state-issued 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.
(3)
CONSUMPTION ESTABLISHMENTS
Definition and use reserved for the future - not currently permitted:
Any building, structure, location, property, business, or
entity that is licensed by the state for the purposes of consuming,
smoking, ingesting, injecting, or otherwise using cannabis, any cannabis
product, and/or any cannabis-related product.
A.
Temporary buildings. Temporary building or contractor field offices,
tool and materials storage buildings and similar temporary buildings
may be placed on a lot in any district for uses incidental to the
construction or renovation of a building or buildings upon such lot
when approved by the CEO, provided that such temporary buildings shall
be removed within 30 days of project completion. Extensions may be
granted by the CEO upon written request stating the reasoning and
duration for such extension.
B.
Temporary emergency living quarters.
(1)
The owner of any dwelling made dangerous or unsafe for occupancy
in whole or in part for living quarters by fire, flood, wind or similar
catastrophe, not self-created, after having first made application
for and receiving a building permit for the repair and/or reconstruction
of the said living quarters from the CEO pursuant this chapter, may
apply to the Village Board for a temporary use permit for the placing
of a temporary building, designed for living quarters, upon the same
lot upon which the dangerous and unsafe dwelling is situated, or upon
a lot contiguous thereto with the written permission of the owner
of such contiguous lot, for a period not to exceed a reasonable time
required for the completion of the repairs and rebuilding necessary
to restore the dangerous and unsafe living quarters to a habitable
condition.
(2)
Within five days after receipt by the Village Board of an application
for a permit for such temporary emergency living quarters, the CEO
shall make a survey of the damaged dwelling and living quarters and
determine whether the damaged living quarters are, in fact, unsafe
or unsuitable for habitation and the estimated time required for any
unsafe living quarters to be made safe and suitable for habitation.
(3)
Upon receipt of the report establishing an unsafe condition
of living quarters and fixing the estimated time required for restoring
the same to a condition fit for habitation pursuant to the procedure
set forth in the preceding subsection, the Village Board shall issue
a temporary use permit to the owner authorizing the placement of a
temporary building designed for living quarters upon the same lot
upon which the dangerous or unsafe dwelling is situated, or upon a
lot contiguous thereto with the written permission of the owner of
such contiguous lot, which temporary use permit shall provide temporary
building shall be properly and adequately provided with all utility
services as required by the Erie County Health Department, and that
the term of said temporary use permit shall expire upon the restoration
of the damaged living quarters to a habitable condition and a certificate
of occupancy authorizing the use thereof having been issued by the
CEO pursuant to this chapter or the expiration of the time estimated
by the report within which the unsafe living quarters may be made
safe, whichever event is first to occur.
(4)
Upon the expiration of the term of the temporary use permit
issued by the Village Board pursuant to the provisions of this section,
the temporary emergency living quarters shall be removed within 30
days. An extension may be approved by the Village Board upon submission
of a written request stating the need for such extension.
A.
Vehicle sales uses shall comply with the following:
(1)
The sales area shall be paved, suitably graded and drained,
and maintained in a neat and orderly manner;
(2)
The number of vehicles that may be for sale on the premises
must be specified on the special use permit. An increase in the number
of vehicles to be sold shall require a new permit;
(3)
Exterior illumination shall be provided to the satisfaction of the Village Board in accordance with Chapter 165 of the Village Code; and
(4)
Sufficient screening shall be provided along all lot lines abutting
or adjacent to residentially zoned or developed property to block
any view of operations from all points on such residential property
when viewed from ground level.
B.
No repairs, other than minor repairs, shall be performed on the premises.
All maintenance, service, and repairs of motor vehicles shall be performed
within an enclosed structure. No motor vehicle parts or partially
dismantled motor vehicles shall be stored outside of an enclosed structure
or screened area.
C.
The retail sales of fuel or operation of a vehicle service station on site shall require the issuance of a separate special use permit pursuant to § 285-31.16 of this chapter.
D.
No vehicles shall be displayed for sale within 10 feet of any property
line that abuts a residential district or use.
E.
Perimeter landscaping shall be a minimum of 10 feet in width along
the street frontage(s).
A.
No repair work may be performed out of doors.
B.
No vehicle parts or supplies or dismantled or disabled vehicles may
be stored outside a building.
C.
When abutting a property zoned or used for residential purposes,
there must be maintained a solid fence and landscaped screening at
least four feet, but no more than eight feet in height immediately
adjoining said property.
D.
No part of any building used as a vehicle or gasoline service station
or repair garage, and no filling pump, lift, or other service appliance
shall be erected within 25 feet of any residential district.
E.
No gasoline or oil pump, no oiling or greasing mechanism, or other
service appliance shall be installed in connection with any gasoline
service station or repair garage within 10 feet of any street line
unless contained within a completely enclosed building.
