This chapter shall be known as the "Zoning Code of the Town
of Aurora, Erie County, and State of New York."
This chapter is made in accordance with a Comprehensive Plan
and design found necessary by the Town Board of the Town of Aurora
to lessen congestion; to secure safety from fire, panic and other
dangers; to promote health and welfare; to provide adequate light,
air and access; to prevent overcrowding of land; to avoid undue concentration
of population; to facilitate adequate transportation, water supply,
sewerage, schools, parks and other public requirements; to prevent
deterioration of the value of property; and to encourage the most
appropriate use of land throughout the Town.
Except where specifically defined herein, all words used in
this chapter shall have their customary meanings. When not inconsistent
with the context, words used in the present tense include the future,
words in the singular number include the plural, and words in the
plural number include the singular. The word "person" includes a firm,
partnership or corporation as well as an individual. The word "used"
shall be interpreted to include the term "designed or intended to
be used." The term "shall" is always mandatory.
A.
ACCESSORY BUILDING/STRUCTURE
ACCESSORY USE
ADDITION
AGRICULTURAL DISTRICT
AGRICULTURE
ALTERATIONS
ANTENNA
ASSISTED LIVING
BAR or TAVERN
BASEMENT
BED-AND-BREAKFAST
BOARDINGHOUSE
BREWERY
BUFFER AREA
BUILDABLE AREA
BUILDING
BUILDING FRONT LINE
BUILDING LINE
BUILDING PERMIT
BUILDING, HEIGHT OF
BUILDING, MUNICIPAL
BUILDING, PRINCIPAL
BUSINESS
C DISTRICT
CAMP TRAILER
CAMPGROUND
CELLAR
CEMETERY
CHILD-CARE CENTER
CHURCH
CLUB
CODE ENFORCEMENT OFFICER
COMMERCIAL AMUSEMENT AND RECREATION FACILITIES
COMMERCIAL GROSS FLOOR AREA
COMMERCIAL NURSERY
DAY-CARE FACILITY
DEVELOPMENT
DISTILLERY
DISTRICT or ZONING DISTRICT
DRIVE-IN SERVICE/DRIVE-THROUGH SERVICE
DWELLING
DWELLING GROUP
DWELLING UNIT
DWELLING, MULTIPLE-FAMILY
DWELLING, SINGLE-FAMILY
DWELLING, TOWNHOUSE OR ROWHOUSE
DWELLING, TWO-FAMILY
EAF
ENFORCEMENT OFFICIAL
ENVIRONMENTAL ASSESSMENT FORM (EAF)
FAMILY
FAMILY CARE FACILITY
FARM
FLAG LOT
FLOOD INSURANCE RATE MAP (FIRM)
FLOODPLAIN MANAGEMENT
FLOODWAY
FRANCHISE ARCHITECTURE
GARAGE, PRIVATE
GARAGE, PUBLIC
GASOLINE STATION
GROUP RESIDENCE
GUN CLUB, SHOOTING RANGE or ARCHERY RANGE
HABITABLE FLOOR
HALF STORY
HOME OCCUPATION
HOTEL
IN-LAW APARTMENT
INDUSTRY
KENNEL
LIVESTOCK
LOT
LOT AREA
LOT DEPTH
LOT FRONTAGE
LOT LINE
LOT LINE, FRONT
LOT LINE, REAR
LOT LINE, SIDE
LOT WIDTH
LOT, CORNER
LOT, INTERIOR
LOT, MINIMUM AREA OF
MANUFACTURED HOME
MEAN HEIGHT
MOBILE HOME
MOBILE HOME PARK
MODULAR HOME
MOTEL
MOTOR VEHICLE
(1)
(2)
(3)
(4)
(5)
(6)
MUNICIPAL OR PUBLIC UTILITY STRUCTURE
NIGHTCLUB
NONCONFORMING BUILDING OR STRUCTURE
NONCONFORMING LOT
NONCONFORMING USE
NONPROFIT
NURSERY SCHOOL
NURSING HOME
OVERLAY DISTRICT
PARK
PARKING AREA
PARKING SPACE
PERMIT, BUILDING
PERMITTED USE
PERSON
PLACE OF RELIGIOUS WORSHIP
POULTRY
PREMISES
PRINCIPAL STRUCTURE
PROFESSIONAL OFFICE
PROHIBITED USE
PUBLIC UTILITY STRUCTURE
R DISTRICT
RECREATIONAL VEHICLE
RESIDENTIAL FLOOR AREA
RESTAURANT
RIGHT-OF-WAY, PRIVATE
RIGHT-OF-WAY, PUBLIC
ROOMER
ROOMING HOUSE or BOARDINGHOUSE
SEQRA
SERVICE STATION
SETBACK
SHORT-TERM RENTAL
SIGN
SITE PLAN
SPECIAL USE
STABLE, PRIVATE
STABLE, PUBLIC
STOCK-IN-TRADE
STORAGE YARD
STORAGE, OUTDOOR
STORY
STREET
STREET LINE
STRUCTURAL ALTERATION
STRUCTURE
SUBSTANTIAL ALTERATION
TOWNHOUSE
TRAVEL TRAILER
TRUCK CAMPER (slide-in or chassis mount)
USE
USE, ACCESSORY
USE, CHANGE OF
USE, PRINCIPAL
USE, PROHIBITED
USE, TEMPORARY
VARIANCE
VARIANCE, AREA
VARIANCE, USE
VOLITILE MATERIALS
WETLANDS
WIND ENERGY CONVERSION SYSTEM (WECS)
YARD
YARD, FRONT
YARD, REAR
YARD, SIDE
ZERO LOT LINE
The following words, terms and phrases used in this chapter are defined
as follows:
A building or structure, detached from or attached to a principal
building on the same lot and whose use is customarily incidental and
subordinate to the principal building, including but not limited to
a garage, barn, shed, gazebo, deck, carport, or aboveground pool.
Use of land or of a building or portion thereof customarily
incidental and subordinate to the principal use of the land or building
and located on the same lot with such principal use.
Extension or increase in area or height of a building or
structure.
A district set up under Article 25-AA of the New York State
Agriculture and Markets Law to conserve, protect and encourage development
and improvement of agricultural lands.
The use of land for agricultural purposes, including tilling
of the soil, dairying, pasture, apiculture, arboriculture, aquaculture,
horticulture, floriculture, viticulture, forestry, animal and poultry
husbandry, and the necessary accessory uses for the packing or storing
of products, provided that the operation of any such accessory uses
shall be secondary to that of normal agricultural activities and conducted
in accordance with the New York State Agriculture and Markets Law.
As applied to a building or structure, a change or rearrangement
in the structural parts or in the exit facilities or an enlargement,
whether by extending on a side or by increasing in height, or the
moving from one location or position to another.
A system of electrical conductors that transmit or receive
radio or similar communication frequency signals. Such signals shall
include but not be limited to radio, television, cellular, paging,
data transmission, personal communication services and microwave communications.
See "nursing home."
An establishment licensed under the laws of New York State
for the sale of alcoholic beverages and their consumption on the premises,
not to include a nightclub.
That portion of a building that is partly or completely below
grade. See the New York State Building Code: Story above grade.
An operator-occupied one-family dwelling within which is
provided overnight accommodations for transient paying guests, and
which may include the serving of breakfast, and possibly other meals,
to such guests.
See "rooming house."
An establishment where beer ale and other malt liquors are
brewed.
A unit of land, together with a specified type and number
of plantings thereon, and any structures or landforms which may be
required between land uses to eliminate or minimize conflicts between
them.
The area of a lot remaining after the minimum yard and open
space requirements of the Zoning Law have been met.
Any structure having a roof supported by columns or by walls
and intended for the shelter, housing or enclosure of persons, animals
or chattel.
A line parallel to the front lot line transecting that point
in the building face which is closest to the front lot line. This
face includes porches but does not include steps.
A line parallel to the street line at a distance therefrom
equal to the depth of the front yard required for the zoning district
in which the lot is located.
A building permit, construction permit, demolition permit, or other permit that authorizes the performance of work. The term "building permit" shall also include a building permit which is renewed, amended, or extended pursuant to any provision of this chapter. (See Chapter 65.)
The vertical distance measured from the average elevation
of the proposed finished grade at the front of the building to the
highest point of the roof for flat roofs, to the deck line of mansard
roofs and to the mean height between eaves and ridge for gable, hip
and gambrel roofs.
Any one or more of the following uses, including grounds
necessary for their use, and accessory buildings/structures:
A building in which is conducted the main or principal use
of the lot on which said building is situated.
An organization or enterprising entity engaged in commercial,
industrial or professional activities, both for profit and nonprofit.
A commercial district, includes C1, C2 and C3 unless otherwise
specified.
See "recreational vehicle."
A parcel of land used or intended to be used, let or rented
for occupancy by or of two or more recreational vehicles, tents or
other recreational or temporary shelter or sleeping quarters of any
kind.
See "basement."
Land used or intended to be used for the burial of the dead
and dedicated for cemetery purposes, including columbarium, mausoleum
and mortuary, when operated within the boundary of such lands and
in accordance with the requirements of New York State law.
A private establishment enrolling four or more children,
where tuition, fees or other forms of compensation for the care of
the children are charged and which is licensed or approved by New
York State to operate as a "child-care center."
See "place of religious worship."
An association of persons forming a membership organization
with bona fide dues-paying members. The organization services and
caters exclusively to its members and guests, and its premises and
buildings are devoted to recreational, athletic, social, fraternal,
civic, or cultural activities consistent with the purposes of the
association.
The official charged with the duty to enforce this chapter
and other laws, ordinances, codes and regulations relating to buildings
and property.
Establishments engaged in providing entertainment or recreation
for a fee or admission charge, including dance halls; bowling alleys;
billiard and pool establishments; commercial sports arenas, rinks
and racetracks; amusement parks; membership sports and recreation
clubs; game parlors; and health clubs.
The sum of the gross floor area of the several floors of
a commercial building, including the area under roofed porches and
roofed terraces. All dimensions shall be measured from the exterior
faces of the exterior walls or exterior roof supports.
An establishment where herbaceous plants and related lawn
care, landscaping and gardening products are sold to retail customers.
Day care provided on a regular basis for more than three
children or adults, away from their own homes, for more than three
hours and fewer than 24 hours per day and as regulated by New York
State Social Services Law § 390.
Any project that increases the value of property that may
include but not be limited to:
A facility where fermented grain, fruit or vegetables are
distilled into spirits or liqueurs.
An area or section of the Town described on the Zoning District
Map established by the Town in accordance with this chapter and within
which uniform requirements regulate the use of land and structures
and the height, bulk, density and setback of structures.
A facility where a product is sold, or a service performed
for customers while they are in or near their motor vehicles in off-street
parking or service areas. The term includes drive-in banking, drive-in
food service, fast-food service, gasoline station, auto wash and similar
uses.
A building or portion thereof designed, suitable for, and
used for human habitation.
Two or more separate dwellings on the same lot.
A building or portion thereof containing kitchen, bathroom,
dining, sleeping and related facilities necessary and/or incidental
to human habitation, designed and intended as a self-contained household
unit for a single individual or family.
A building or portion thereof containing three or more dwelling
units or townhouses.
A detached building containing one dwelling unit only.
Attached one-family dwellings of at least three such units
in which each unit has its own front and rear access to the outside,
no unit is located over another unit, and each unit is separated from
any other unit by one or more vertical common fire-resistant walls.
A detached building containing two dwelling units only.
See "environmental assessment form."
See "Code Enforcement Officer."
A form used by an agency to assist it in determining the
environmental significance or nonsignificance of actions. An EAF is
used in the implementation of SEQRA as that term is defined in Part
617 of Title 6 of the New York Codes, Rules and Regulations.
One or more persons occupying a dwelling unit and living
as a single, nonprofit housekeeping unit.
Living space in a private home in which a family or individual
cares, on a twenty-four-hour basis, for up to three mentally or physically
disabled children or adults.
Any parcel of land which is used for gain in the raising
of agricultural products, livestock, poultry, and dairy products.
It includes necessary farm structures and the storage of equipment
used. It excludes the raising of fur-bearing animals, riding academies,
livery or boarding stables and dog kennels.
The current official map on which the Federal Insurance Administration
has delineated the areas of special flood hazard for the Town of Aurora
and incorporated herein by reference.
The operation of an overall program of corrective and preventive
measures for reducing flood damage, including but not limited to emergency
preparedness measures, flood control works and land use and development
control measures.
The channel of a river or other watercourse and adjacent
land areas that must be reserved in order to discharge the base flood
without cumulatively increasing the water surface elevation more than
one foot.
A building design that is trademarked or identified with
a particular chain or corporation or is generic in nature.
An accessory building/structure or portion of a main building
used for the storage of self-propelled vehicles used by the occupants
of the premises, including space for not more than one passenger vehicle
used by others.
Any garage other than a private garage, available to the
public and operated for gain and which is used for the storage, repair,
rental, greasing, washing, servicing, adjusting or equipping of automobiles
or other motor vehicles.
A drive-in service for the sale of motor fuel, diesel motor
fuel, oil and motor vehicle accessories and which may include facilities
for lubricating, washing or servicing vehicles, but not including
painting or body repairs or the sale of new or used cars. The term
includes "filling station" and "service station."
A group of individuals occupying a single dwelling or dwelling
unit as an integral component of a recognized program of physical
or mental health rehabilitation, or other custodial supervision and
care living arrangement operated by a nonprofit entity, with resident
supervisory personnel. This term shall not include rooming houses,
boardinghouses, nursing homes, dormitories, sorority houses, fraternity
houses, or similar facilities.
An outdoor facility, which may or may not include accessory
buildings/structures, used for the discharge of firearms at a fixed
mark or target.
Any floor usable for living purposes, including working,
sleeping, eating, cooking or recreation.
A story under a sloping roof having a ceiling height of seven
feet or more for not exceeding 1/2 the floor area of the uppermost
full story in the building.
See District regulation, § 116-8.
A facility containing rooms rented to primarily transient
guests, with parking space convenient to each room, in which guest
units have no cooking facilities but in which meals and accessory
services may be provided. The term includes "motel," "motor inn,"
"motor lodge," and similar designations.
An owner-occupied, single-family dwelling with a separate
apartment within the dwelling and without a separate entrance that
may include at least one kitchen, one bathroom and one bedroom, to
be occupied solely by a relative of said property owner and not to
be advertised as rental property or sold as a double or duplex.
Storage, manufacture, preparation or repair of any article,
substance or commodity.
An establishment in which more than three dogs more than
six months old are housed, groomed, bred, boarded, trained or sold.
Includes but is not limited to horses, cattle, hogs, fowl,
poultry or furred animals.
A parcel of land occupied or capable of being occupied by
one building and the accessory buildings/structures or uses customarily
incident to it, including such open spaces as are required by this
chapter.
The total area within the lot lines of a lot, excluding any
street rights-of-way.
The mean distance between the front and rear lot lines, measured
in the general direction of the side lines of the lot.
The length of the front lot line measured at the street right-of-way
line.
The line of record bounding a lot.
A lot of record, parallel to the street right-of-way.
The lot line opposite and most distant from the front lot
line, or in the case of triangular or otherwise irregularly shaped
lots, a line 10 feet in length entirely within the lot, parallel to
and at a maximum distance from the front lot line.
Any lot line other than a front or rear lot line.
A distance between the side lot lines of a lot and parallel
to the front lot line of that lot measured at the minimum required
building setback line.
A lot or parcel of land abutting upon two of more streets
at their intersections or upon two parts of the same street forming
an interior angle of less than 135°.
A lot other than a corner lot.
The smallest lot area established by this chapter on which
a use or structure may be located in a particular district.
A residential building constructed in an off-site manufacturing facility in accordance with the Federal Manufactured Home Construction and Safety Standards (FMHCSS) established June 16, 1976 and administered by HUD. Such use shall be regulated by Town of Aurora Zoning Code, Chapter 116, §§ 116-36 and 116-37.
The average of the roof eave height and the height of the
highest point on a roof surface.
A residential dwelling that was fabricated in an off-site manufacturing facility, designed to be a permanent residence, built prior to the enactment of the Federal Manufactured Home Construction and Safety Standards (FMHCSS) on June 16, 1976. Such use shall be regulated by Town of Aurora Zoning Code, Chapter 116, §§ 116-36 and 116-37.
An area of land occupied or designed for occupancy by two
or more mobile homes or manufactured homes. Such term also includes
the term "trailer camp" and "trailer park."
A structure intended for residential use and fabricated in
an off-site manufacturing facility in accordance with the New York
State Uniform Fire Prevention and Building Codes.
See "hotel."
Every vehicle operated or driven which is propelled by power
other than muscle power, except:
Electronically driven mobility devices operated or driven by
a person with a disability.
Vehicles that run on rails or tracks.
Snowmobiles.
All-terrain vehicles.
Self-propelled machines used for growing and harvesting of farm
produce.
Self-propelled caterpillars and crawler-type equipment operated
on a construction site.
A facility necessary for the installation, delivery, and/or
maintenance of utility services in and for the Town of Aurora.
A place of entertainment open at night for eating, drinking,
dancing, etc., and usually having a floor show or live music.
A building or structure lawfully existing on the effective
date of this chapter which does not conform to the district regulations
for the dimensions and height of such building or structure or whose
location results in nonconformity as to minimum yard dimensions or
maximum lot coverage.
A lot of record lawfully existing on the effective date of
this chapter that does not meet the district regulations for minimum
area or dimensions.
Lawful occupancy of a structure or land by a use that does
not conform to the regulations of the district in which it is situated
at the time of adoption of this chapter or any amendment thereto.
A person, firm, partnership, trust, company, corporation,
organization, institution and similar entities so designated as "nonprofit"
or "not-for-profit" by virtue of charter or incorporation and certification
by the Internal Revenue Service.
A facility for daytime care or instruction for two or more
children from two years through seven years old, operated on a regular
basis.
A premises on which is provided lodging, meals, and continuing
nursing care for compensation to convalescent or chronically ill persons.
The term "nursing home" shall include a convalescent home or rest
home.
A mapped zoning district that imposes a set of requirements
in addition to those of the underlying districts.
Any land and/or associated structures created and maintained
by a municipality for the express use and enjoyment by the general
public for recreational purposes.
An area of land, excluding driveways thereto, which is out
of the public right-of-way and is designated for and adequately improved
for the parking and maneuvering of motor vehicles.
The area required for a motor vehicle and sufficient accessibility
for the occupants of said vehicle as stipulated in this chapter.
See "building permit."
A specific use noted in Article III of this chapter for which land, lots, buildings or structures may be used, occupied or maintained under this chapter as a matter of right.
A firm, partnership, trust, company, corporation, organization,
institution and similar entities, as well as an individual acting
as owner, lessee, agent or employee.
A specially designed building or structure or consecrated
place where individuals or a group of people such as a congregation
come to preform acts of devotion, veneration or religious study.
Domestic fowls raised for meat or eggs; chickens, turkeys,
ducks, geese, etc., collectively.
A lot, plot or parcel of land, easement or public way, including
any structures thereon.
The structure in which is conducted the main or principal
use of the lot on which said structure is located. In any residence
district, any dwelling shall be deemed the "principal structure" on
the lot on which it is situated.
The office of a lawyer, doctor, dentist and any person performing
any activity or service licensed pursuant to the provisions of the
Education Law of the State of New York.
Any use which is not listed as a permitted use, special permit
use or permitted accessory use this chapter shall be considered a
prohibited use hereunder in all zoning districts.
See "municipal or public utility structure."
A residential district, includes R-1, R-2, R-3, and RR unless
otherwise specified.
A mobile recreational unit, such as a travel trailer, pickup
camper, converted bus, tent trailer, camper trailer or similar vehicle.
All habitable space as defined by the Residential Code of
New York State.
A permanent building with table or counter and chair facilities
used for the serving of meals to the public.
A parcel of land which has a specific owner and some other
party, or the public at large has a legal right or easement to traverse
that land.
Land over which the public may travel subject to restrictions
by the government with jurisdiction, whether or not said government
has control of the land by ownership or easement.
A person other than a member of a family or functional family
unit who resides in a rooming house or boardinghouse on a temporary
or seasonal basis. The term includes "lodger" and "boarder."
A dwelling unit used for temporary or transient occupancy
purposes by at least three, but not more than 12, individuals or not
constituting a family or functional family unit who pay expenses by
the room or based on a share of total expenses of the dwelling unit.
The term does not include a motel, hotel, group residence, or short-term
rental.
The New York State Environmental Quality Review Act, Article
8 of the Environmental Conservation Law, and its implementing regulation
in Title 6 of New York Codes, Rules and Regulations, Part 617.
See "gasoline station."
The required minimum distance from the street right-of-way
line or any other lot line that established the area within which
a structure must be erected or placed. See "building line."
Owner-occupied residence where a dwelling unit or part thereof
is rented for compensation for lodging by an individual(s) for periods
of not less than one night and not more than 30 consecutive days.
Any structure or part thereof, or device attached thereto
or painted or represented thereon, which shall display or include
any letter, word, model, banner, flag, pennant, insignia, device or
representation used as or which is in the nature of an announcement,
direction, or advertisement. The word "sign" includes the word "billboard"
but does not include the flag, pennant, or insignia of any nation,
state, city or other political, educational, charitable, philanthropic,
civic, professional, religious, or like campaign, drive, movement,
or event.
A drawing of the site, presenting information and accompanied by documentation as specified in Chapter 95.
A use which is authorized subject to requirements imposed
by the Town Board or Zoning Board of Appeals to assure that the proposed
use is in harmony with the law and will not adversely affect the neighborhood.
A stable which is an accessory use for the family which resides
on the premises and on or at which horses, ponies or similar types
of animals are kept or fed, but not for remuneration, sale or hire.
A stable on or at which horses, ponies or similar types of
animals are kept or fed for remuneration, hire or sale.
Any merchandise (wares, goods, farm produce, etc.) purchased,
made, or otherwise acquired for resale.
An outdoor area where vehicles, equipment, merchandise, raw
materials, or other items are accumulated or stored for an indefinite
period of time.
Land used for the keeping of goods, wares or supplies on
land outside of any building or structure. This shall not be construed
as including the activities of junkyards or landfills, as referenced
in the Town Code.
That part of a building included between the surface of any
floor and the surface of the floor next above it or, if there is no
floor above it, then the space between the floor and the ceiling next
above it. A basement shall be counted as a "story" if the ceiling
is more than five feet above the average adjoining ground level or
if used for business or dwelling purposes.
A public or private thoroughfare which affords the principal
means of access to abutting property. This term shall be synonymous
with "road."
The line which delineates the public right-of-way of a road
or street, as established by the local, county or state agency having
jurisdiction and as shown on the real property Tax Maps of the Town.
Any change in the supporting members of a building or other
structure, such as bearing walls, columns, beams or girders.
Anything constructed or erected for occupancy or use.
Any repair, reconstruction or improvement of a structure,
the cost of which equals or exceeds 50% of the market value of the
structure either before the improvement or repair is started or, if
the structure has been damaged and is being restored, before the damage
occurred. For the purposes of this definition, "substantial alteration"
is considered to occur when the first alteration of any wall, ceiling,
floor or other structural part of the building commences, whether
or not that alteration affects the external dimensions of the structure.
The term does not, however, include either any project for improvement
of a structure to comply with existing state or local health, sanitary
or safety code specifications which are solely necessary to assure
safe living conditions, or any alteration of a structure listed on
the National Register of Historic Places or a State Inventory of Historic
Places.
A residential building consisting of a series of individually
owned one-family units having a common party wall between each unit,
with private outside entrances, separate front and rear yards and
separate utilities and located on a separate recorded lot.
See "recreational vehicle."
See "recreational vehicle."
The specific purpose for which land or a building is designed,
arranged, or intended or for which it is or may be occupied or maintained.
A use, occupancy or tenancy which is customarily incidental
and subordinate to the principal use, occupancy or tenancy and located
on the same lot or premises.
A change in the nature of occupancy or use of any principal
building or structure.
The specific purpose for which land or a building is designed,
arranged, or intended or for which it is or may be occupied or maintained.
Any use which is not listed as a permitted use, special permit
use or permitted accessory use in this chapter shall be considered
a prohibited use hereunder in all zoning districts.
One established for a fixed period of time with the intent
to discontinue such use upon the expiration of such time. Such uses
do not involve the construction or alteration of any permanent structure.
Permission to depart from the literal requirements of the
Zoning Law.
The authorization by the Zoning Board of Appeals for the
use of the land in a manner which is not allowed by the dimensional
or physical requirements of the applicable zoning regulations.
The authorization by the Zoning Board of Appeals for the
use of land for a purpose which is otherwise not allowed or is prohibited
by the applicable zoning regulations.
Gasoline or any substance more vaporizable or flammable than
gasoline.
Areas designated by the New York State Department of Environmental
Conservation as wetlands and those adjacent land areas within 100
feet of the delineated wetland; federal wetlands regulated by the
United States Army Corps of Engineers; and any locally protected wetlands.
A machine that converts the kinetic energy in the wind into
a usable form. Commonly known as a "wind turbine" or "windmill."
An open space that lies between the principal or accessory
building/structure and the nearest lot line. Such yard is unoccupied
and unobstructed from the ground upward by any structure or building,
except as may be specifically provided in the zoning local law.
A space extending the full width of the lot between a principal
building and the front lot line unoccupied and unobstructed by buildings
or structures from the ground upward, the depth of which shall be
the least distance between the front lot line and the front of such
principal building.
An open space extending the full width of the lot between
the principal building and the rear lot line, unoccupied and unobstructed
from the ground upward except as hereinafter specified, the depth
of which shall be the least distance between the rear lot line and
the rear of such principal building.
A space extending from the front yard to the rear yard between
the principal building and the side lot line, unoccupied and unobstructed
from the ground upward except as hereinafter specified. The required
width of side yards shall be measured horizontally from the nearest
point in the side lot line to the nearest building.
The location of a building on a lot in such a manner that
one or more of the building's sides rest directly on a lot line.
B.
Other terms and phrases. Other terms and phrases not specifically
defined in this section but defined in the New York State Uniform
Fire Prevention and Building Code applicable to general building construction
will have the meanings ascribed therein. All other words not specifically
defined and used in this section shall carry their customary meanings.
A.
The Town of Aurora is hereby divided into the following types of
districts, hereinafter referred to as "zoning districts:"
|
R1
|
Residence District
|
|
R2
|
Residence District
|
|
R3
|
Residence District
|
|
RR
|
Rural Residential District
|
|
A
|
Agricultural District
|
|
C1
|
Commercial District
|
|
C2
|
Commercial District
|
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C3
|
Commercial District
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B.
References to "any R District" shall be interpreted to mean any R1,
R2, R3, or RR District.
C.
References to "any C District" shall be interpreted to mean any C1,
C2, or C3 District.
The boundaries of each district are hereby established as shown
on said Zoning Map and are intended to follow street and road lines,
existing lot and property lines, creeks and other like natural dividing
lines or extensions of such lines. Where a boundary line does not
follow such a line, it shall be located on the map by appropriate
descriptions and dimensions.
A.
Permitted uses.
(1)
One single-family dwelling, with no other dwelling or principal
building on the same lot.
(2)
Church or other place of worship or religious instruction: parish house, rectory; convent in connection with school, all subject to site plan review regulations of Chapter 95, regardless of the building square footage.
(3)
Public or private school accredited by the New York State Education Department, all subject to site plan review regulations of Chapter 95, regardless of the building square footage.
(4)
Public park or public playground maintained by the State of
New York, County of Erie or Town of Aurora.
(5)
Home occupations. Any use which:
(a)
Is carried on wholly within the enclosed walls of the dwelling
unit or an accessory structure and does not use more than 25% of the
total floor area of a dwelling unit or 500 square feet, whichever
is the lesser.
(b)
Is carried on only by a member or members of the family residing
in the dwelling unit with no additional employees.
(c)
Shall have no external evidence of such use. No stock, merchandise,
equipment, or displays of any kind shall be visible outside the dwelling
unit or accessory building/structure.
(d)
Is clearly incidental and secondary to the use of the dwelling
for residential purposes.
(e)
Does not create vehicular traffic, noise, dust, vibration, odor,
glare, fumes or electrical interference that may create a nuisance
to abutting properties or be detrimental to the residential character
of the neighborhood.
(f)
No external structural alterations which are not customary to
a residential structure shall be allowed.
(g)
The following uses and other uses similar in character shall
not be considered to meet the intention of this definition: retail
sales, vehicle engine repair, vehicle body work, veterinary hospital,
dog kennel, bar or restaurant, or any use that is not permitted in
Type 5 (wood frame) building construction under the New York State
Uniform Fire Prevention and Building Code.
(6)
Customary accessory uses, including but not limited to private
residential garages or accessory buildings/structures, and the further
accessory uses in residences on Big Tree Road (Rt. 20A), Quaker Road
(Rt. 20A), Olean Road (Rt. 16) and Buffalo Road (Rt.16) only: professional
offices of lawyers, physicians and surgeons, dentists, building architects,
public accountants, and professional engineers, located and conducted
wholly within the dwelling and incidental to the primary residential
use of such dwelling; and provided, further, that, except for household
servants and yardmen, not more than one person shall be employed and
only as assistant to the professional resident. Furthermore, in all
cases where such professional offices are established, off-street
automobile parking shall be provided for all residents, staff and
customers of that professional.
(7)
Group family day cares and family day-care homes as defined
and regulated by New York State.
E.
Front yard depth or setback.
(1)
A minimum of 75 feet from the street right-of-way.
(2)
Where 20% or more of the lots in the same block on the same
side of the street and within 1,000 feet of a proposed building are
improved with buildings, the average setback of such existing buildings
shall establish the minimum setback or building line. This provision
shall not be interpreted to permit a front yard depth of less than
45 feet.
(3)
In the case of a corner lot, all buildings shall comply with
the required front yard setbacks from the right-of-way of the primary
street (street of property address). All such buildings shall be a
allowed a setback of 45 feet from the right-of-way of the secondary
street.
(4)
No accessory building/structure shall be erected in the front
yard.
A.
Permitted uses.
(1)
Any use permitted and as regulated in the R1 District.
(2)
Two-family dwellings, with no other dwelling or principal building
on the same lot.
(3)
A professional office as listed in § 116-8.1A(6), conducted in a dwelling by the resident thereof.
(4)
The keeping of not more than three roomers or boarders.
E.
Front yard depth or setback.
(1)
A minimum of 50 feet from the street right-of-way.
(2)
Where 20% or more of the lots in the same block on the same
side of the street and within 1,000 feet of a proposed building are
improved with buildings, the average setback of such existing buildings
shall establish the minimum setback or building line. This provision
shall not be interpreted to permit a front yard depth of less than
30 feet.
(3)
In the case of a corner lot, all buildings shall comply with
the required front yard setbacks from the right-of-way of the primary
street (street of property address). All such buildings shall be allowed
a setback of 45 feet from the right-of-way of the secondary street.
(4)
No accessory building/structure shall be erected in the front
yard.
B.
Permitted uses when approved by the Town Board through a special
use permit:
(1)
Nonprofit institutions for charitable, religious, cultural or community social purposes, not including institutions for mental patients, correctional, or animal rescue purposes. All nonprofit institutions are subject to site plan review regulations of Chapter 95, regardless of occupancy classification or the size of the building.
(2)
Dwelling group consisting of two or more dwellings on the same
lot.
(a)
Each dwelling shall be situated on the lot in such a manner
that in the event the property is split, each dwelling will meet the
zoning requirements with regard to lot size and property line setbacks
of the district in which the dwelling is located.
(b)
Any inconsistencies with any zoning regulations will require
Zoning Board of Appeals approval prior to any Town Board action.
D.
Building size.
(1)
Single-family dwelling: not less than 720 square feet.
(2)
Two-family dwelling: not less than 1,200 square feet, with a
minimum dwelling unit size of 500 square feet.
(3)
Multiple-family dwelling: not less than 500 square feet per
dwelling unit.
(4)
Accessory building/structure: footprint not to exceed 25% of
the required rear yard.
F.
Front yard depth or setback.
(1)
A minimum of 50 feet from the street right-of-way.
(2)
Where 20% or more of the lots in the same block on the same
side of the street and within 1,000 feet of a proposed building are
improved with buildings, the average setback of such existing buildings
shall establish the minimum setback or building line. This provision
shall not be interpreted to permit a front yard depth of less than
30 feet.
(3)
In the case of a corner lot, all buildings shall comply with
the required front yard setbacks from the right-of-way of the primary
street (street of property address). All such buildings shall be allowed
a setback of 30 feet from the right-of-way of the secondary street.
(4)
In the case of a multiple-family dwelling, there shall be no
parking of vehicles in the area between the street line and any portion
of a structure used for dwelling purposes.
A.
Permitted uses.
(1)
One single-family dwelling or one two-family dwelling with no
other dwelling or principal building on the same lot.
(2)
Church or other place of worship or religious instruction: parish house, rectory; convent in connection with school, all subject to site plan review regulations of Chapter 95, regardless of the building square footage.
(3)
Public or private school accredited by the New York State Education Department, all subject to site plan review regulations of Chapter 95, regardless of the building square footage.
(4)
Public park or public playground maintained by the State of
New York, County of Erie, or Town of Aurora.
(6)
Customary accessory uses, including but not limited to private
residential garages or accessory buildings/structures, and the further
accessory uses in residences on Big Tree Road (Rt. 20A), Quaker Road
(Rt. 20A), Olean Road (Rt. 16) and Buffalo Road (Rt. 16) only: professional
offices of lawyers, physicians and surgeons, dentists, building architects,
public accountants, and professional engineers, located and conducted
wholly within the dwelling and incidental to the primary residential
use of such dwelling; and provided, further, that, except for household
servants and yardmen, not more than one person shall be employed and
only as assistant to the professional resident. Furthermore, in all
cases where such professional offices are established, off-street
automobile parking shall be provided for all residents, staff and
customers of that professional.
(7)
Group family day cares and family day-care homes as defined
and regulated by New York State.
(8)
Bed-and-breakfast as defined by New York Building Code and subject to site plan review regulations of Chapter 95, regardless of the building square footage.
(10)
The keeping of domestic animals, subject to the following limitations:
(a)
Six chickens or other poultry per acre, no roosters, confined
to lot boundaries and housed in the rear yard at least 25 feet from
any lot line.
(b)
Not more than two of any other species of domestic animals.
(c)
The keeping of manure behind the residence and at a minimum
of the 60 feet to the side and rear property lines.
(11)
Apiary limited to five hives. These agricultural limitations shall only apply to lots improved with a residential structure. RR areas not improved with a residential structure shall be allowed full agricultural uses as stipulated in § 116-8.5 until such time that a residential structure is built on the lot.
B.
Permitted uses when approved by the Town Board
through special use permit:
[Added 9-12-2022 by L.L. No. 5-2022[1]]
(1)
Dwelling
group consisting of two or more dwelling units on the same lot.
(a)
Each dwelling shall be situated on the lot in such a manner that
in the event the property is split, each dwelling will meet the zoning
requirements with regard to lot size and property line setbacks of
the district in which the dwelling is located.
(b)
Any inconsistencies with any zoning regulations will require Zoning
Board of Appeals approval prior to any Town Board action.
F.
Front yard depth or setback.
(1)
A minimum of 75 feet from the street right-of-way.
(2)
Where 20% or more of the lots in the same block on the same
side of the street and within 1,000 feet of a proposed building are
improved with buildings, the average setback of such existing buildings
shall establish the minimum setback or building line. This provision
shall not be interpreted to permit a front yard depth of less than
45 feet.
(3)
In the case of a corner lot, all buildings shall comply with
the required front yard setbacks from the right-of-way of the primary
street (street of property address). All such buildings shall be a
allowed a setback of 45 feet from the right-of-way of the secondary
street.
(4)
No accessory building/structure shall be erected in the front
yard.
A.
Permitted uses.
(1)
Any use permitted and as regulated in the RR District.
(2)
Two-family dwelling with no other dwelling or principal building
on the same lot.
(3)
Agricultural, floricultural, and horticultural pursuits, including
but not limited to dairies, general farms, horse farms, greenhouses,
plant nurseries, produce farms, and the raising of bees, poultry and
livestock, together with all customary buildings and structures necessary
for the production and storage of the products of such pursuits.
(4)
Seasonal cottages, as defined by the Town Assessor, occupied
less than six months a year and not constructed for year-round occupancy.
B.
Permitted uses when approved by the Town Board through a special
use permit:
(1)
Camp to be used by the general public.
(2)
Farm equipment sales and display.
(3)
Fur farm.
(4)
Public stable, riding academy or horseback training facility.
(5)
Private club, private recreation or camping area serving only
club members and not conducting activities usually conducted for profit.
(6)
Cemetery.
(7)
Golf link.
(8)
Dwelling group.
(9)
Dog kennel: an establishment in which three or more dogs over
four months in age are housed, groomed, bred, boarded, trained and/or
sold, including dog rescue and adoption operations.
(10)
Animal rescue.
(11)
Public utility buildings and all associated structures.
(13)
Veterinary hospitals or clinics.
C.
Maximum mean height.
(1)
For a principal nonfarm building: 2 1/2 stories, not to
exceed 35 feet.
(2)
Two-story, not to exceed 20 feet for accessory buildings/structures.
(3)
No height limit for farm structures, other than farm dwellings,
if an agricultural exemption exists through the Town Tax Assessor,
except as regulated by other applicable ordinances or codes.
E.
Minimum lot size.
A.
The purpose of establishing commercial districts and the following
regulations is to establish certain areas in the Town where retail
businesses, offices, and other commercial uses of land will be encouraged
and to establish standards by which development in these areas will
occur. Each applicant for land use and development shall comply with
the Town of Aurora Commercial Design Standards to the maximum extent
practicable in accordance with the purpose and intent of the Town
Code.
B.
Intent: Pursuant to the recommendations in the Regional Comprehensive
Plan of 2004, these districts are designed to preserve community character,
properly manage future growth and development, and provide for economic
development. All commercial districts must preserve and enhance cultural
and historic resources and promote architectural development styles
consistent with the character of these resources. Concentration is
around the Village of East Aurora in order to avoid sprawl. Limited
commercial uses are envisioned along Route 16 south of the Village
of East Aurora up to Blakely Road to complement the village center,
and in commercial districts along Route 240, which should be consistent
with the surrounding area.
C.
Objectives.
(1)
Parking should be at the sides or rear of the buildings wherever
feasible and screened to maintain the residential character of the
Town.
(2)
Landscaping and setback standards should be utilized to improve
visual characteristics and buffer development and redevelopment from
adjoining sensitive land uses.
(3)
Commercial development must complement the character of the
surrounding area, and provide for an improved and positive image pursuant
to the Town of Aurora Commercial Design Guidelines.
(4)
Franchise architecture is not permitted.
(5)
A landscape plan must be provided as part of the site plan application.
(6)
Building frontages should be active, with non-reflective, minimally
tinted window openings at the first-floor level.
E.
Building size.
(1)
Dwelling, single-family: not less than 1,200 square feet.
(2)
Dwelling, two-family: not less than 1,200 square feet with a
minimum dwelling unit size of 500 square feet.
(3)
Dwelling, multiple-family: not less than 500 square feet per
unit.
(4)
Accessory buildings/structures residential: The footprint of
any single, accessory building/structure not to exceed 25% of the
required rear yard area.
(5)
Accessory buildings/structures residential and commercial: The
combined footprint of all accessory buildings/structures not to exceed
50% of the footprint of the principal building.
(6)
All other uses: as stipulated in the specific district, but
in any event, no individual building/structure may exceed 30% of the
lot area excluding right-of-way.
G.
Front yard depth or setback.
(1)
A minimum of 50 feet from the street right-of-way for buildings.
A minimum of 20 feet of green space between the street right-of-way
and any parking.
(2)
In the case of a corner lot, all buildings shall comply with
the front yard setbacks from the right-of-way of the primary street
(street of property address). All such buildings shall be allowed
a setback of 30 feet from the right-of-way of the secondary street.
(3)
No accessory building/structure in the front yard.
H.
Side yards.
(1)
Each side yard when used for residences: A distance equal to
or greater than the mean height of the building but not less than
20 feet.
(2)
Each side yard when used for commercial buildings in a C-1 or
C-2 District: A distance equal to or greater than the mean height
of the building but not less than 30 feet.
(3)
Each side yard when used for commercial buildings in a C-3 District:
A distance equal to or greater than the mean height of the building
but not less than 40 feet.
(4)
Each side yard when used for accessory buildings/structures:
A distance equal to or greater than the mean height of the building
but not less than 10 feet.
I.
Depth of rear yard.
(1)
Each rear yard when used for residences: A distance equal to
or greater than the mean height of the building but not less than
30 feet.
(2)
Each rear yard when used for commercial buildings in a C-1 or
C-2 District: A distance equal to or greater than the mean height
of the building but not less than 45 feet.
(3)
Each rear yard when used for commercial buildings in a C-3 District:
A distance equal to or greater than the mean height of the building
but not less than 60 feet.
(4)
Each rear yard when used for accessory buildings/structures:
A distance equal to or greater than the mean height of the building
but not less than 15 feet.
J.
Maximum developed space. No more than 50% of the lot area of any
lot may be used for structures and impermeable surfaces.
K.
Additional special requirements for commercial uses.
(1)
Activity shall not create excessive noise, smoke, odor or vibration
beyond the lot lines of the lot on which the use occurs. There shall
be no emissions of dust, dirt, smoke, fly ash, noxious gases or other
noxious substances which are likely to harm the health of persons,
animals or plant life.
(2)
Special use permits are required for any drive-through facilities.
Drive-through facilities are not permitted in C-1 Districts.
(3)
All rooftop HVAC units, communications equipment, or other rooftop
equipment shall be screened from view at ground level by use of building
and/or roof features compatible with the design of the building.
(4)
For lots that are developed with a single building, the building
shall be oriented towards the street on which the building fronts.
When a building fronts more than one street, the building shall be
oriented towards the street on which adjacent buildings with similar
uses front.
(5)
All landscaped areas shall be maintained and preserved consistent
with the plan as originally approved or as amended by the Town Board.
M.
In the event of a discrepancy between the provisions in these C Districts
and any other part of this Code, the provisions in this C District
apply.
A.
Purpose. The purpose of the C-1 Commercial District is to provide
areas or centers for shopping and service-oriented uses that are easily
accessible to the neighborhoods which they serve, which are not intended
to draw customers from considerable distances, or which have low-volume
traffic and no significant impacts so as to be minimally intrusive
upon residential neighborhoods. These districts shall be limited both
in size and in proximity to one another.
C.
Uses permitted by right:
(1)
Packaging/mailing services.
(2)
Professional and clerical offices.
(3)
Floral shops, arts and craft stores/studios, bookstores, sewing
and knitting supplies, bicycle sales/repairs, newsstand, and tourism-related
materials.
(4)
Barbershop or beauty parlor, printing shop, tailor/dressmaker,
shoemaker, shoe repair, optician, decorator, photographer.
(5)
Any use permitted and as regulated in the R-2 District.
D.
Uses by special use permit of the Town Board:
(1)
Retail food store/grocery and sales, drugstore/pharmacy, hardware
store, and other small local retail shops.
(2)
Bank or other financial institution, laundromat/dry cleaner
pickup station, medical and dental clinics, and other similar personal
services.
(3)
Restaurant, cafe, caterer, and other eating places.
(4)
Nonprofits for charitable, religious, cultural or community social purposes, not including institutions for mental patients, correctional, or animal rescue purposes. All nonprofit institutions are subject to site plan review regulations of Chapter 95.
(5)
Hotel, motel, and short-term rentals.
(6)
Child day-care center and elder care center as defined and regulated
by the State of New York.
(8)
Health or fitness center.
(9)
Dental clinics not involving any overnight occupancy.
(10)
Funeral home or undertaking facility with no crematorium.
(11)
Pet shop, provided such shop does not have any outside pens
or runs.
(12)
Brewery, distillery, provided there is no on-site consumption.
(13)
Other uses not specifically listed as permitted uses, but similar
in nature and compatible with C1 uses.
E.
Storage. No storage except in completely enclosed buildings.
F.
Customary accessory uses, including but not limited to parking areas,
require a special use permit when they are accessory to a use that
requires a special use permit.
A.
Purpose. The purpose of the C-2 Commercial District is to provide
areas in the Town where business offices and businesses may be located
which include activities that may draw clientele from all areas in
the Town and from outside the Town. It is the intention to locate
such areas where there is minimal impact on established residential
neighborhoods, where the necessary infrastructure is available, and
where transportation facilities can be provided. The uses in this
district will typically involve more traffic and related noises than
in the C-1 Commercial District.
D.
Uses by special use permit of the Town Board:
(1)
Any use permitted by right in the C-1 District with a building
size over 10,000 square feet up to 20,000 square feet maximum.
(2)
Any use requiring a special use permit in the C-1 District.
(3)
Shops for construction trade.
(4)
Commercial amusement and recreation establishments such as sports
facilities, indoor and outdoor theaters, bingo or dance halls and
nightclubs.
(5)
Automotive fuel filling station, automobile and truck repair,
auto body repair, and agriculture equipment repair.
(6)
Storage yards which shall be completely enclosed by a suitable
fence and/or buffer at least six feet high and shall contain only
the products of a business located on the same lot.
(7)
Warehouse and storage-type services.
(8)
A club, organization, or recreation area or building including
camps and campsites serving the public.
(9)
Wholesale sales and incidental storage, provided that all goods
shall be stored in fully enclosed structures in conformance with the
bulk regulations for buildings.
(10)
Lumber and building material and equipment sales and service.
(11)
New or used vehicle and equipment sales and rentals, including,
but not limited to, farm equipment, snowmobiles, ATV's, trailers,
motorbikes and the like.
(12)
Medical clinics not involving any overnight occupancy.
(13)
Motor vehicle washing facilities.
(14)
Office buildings for business and professional offices, including
incidental clinics, cafeterias and recreational facilities for the
exclusive use of company employees.
(15)
Pet shop, including those with outside pens or runs.
(16)
Veterinary office, clinic, or small animal hospital.
(17)
Brewery, distillery, including on-site consumption.
(18)
Bar, tavern.
(19)
Customary accessory uses, including but not limited to parking
areas.
(20)
Other uses not specifically listed as permitted uses, but similar
in nature and compatible with C2 uses.
A.
Purpose. The purpose of the C-3 Commercial District is to provide
areas in the Town where businesses, medium-sized retail, and industrial
and manufacturing facilities may be located, which include activities
that may draw clientele from all areas in the Town and from outside
the Town. It is the intention to locate such areas where there is
minimal impact on established residential neighborhoods, where the
necessary infrastructure is available, and where transportation facilities
can be provided. The uses in this district will typically involve
more traffic and related noises than in the C-2 Commercial District.
D.
Uses by special use permit of the Town Board when conducted in an
enclosed building:
(1)
Any use permitted and as regulated in the C-2 District other
than dwellings and other residential structures.
(2)
Manufacturing, assembling, converting, altering, finishing,
cleaning or any other processing or incidental storage of products
or materials involving the use of only oil, gas or electricity for
fuel and which operation, in the opinion of the Town Board, will not
create any dangerous, injurious, noxious or otherwise objectionable
fire, explosive, radioactive or other hazard, noise or vibration,
smoke, dust, odor or other form of air pollution, electromagnetic
or other disturbance, glare or harmful discharge, storage or dispersal
of liquid or solid wastes in a manner or amount so as to adversely
affect the surrounding area.
(3)
Food preparation (e.g., baking, bottling, mixing, and milling).
(4)
Processing or canning of putrescible food products (e.g., meat,
fish, or dairy products, fermented foods such as sauerkraut, vinegar,
or the like).
(6)
Junkyards.
(7)
Uses requiring an adult-use cannabis license.
(8)
Other uses not specifically listed as permitted uses, but similar
in nature and compatible with C3 uses.
A.
Purpose: It is the purpose of this overlay to recognize the hamlet
of West Falls as an existing built-up area consisting of mixed land
uses at a higher density than that in the surrounding area of the
Town.
B.
Intent: Pursuant to the recommendations in the Regional Comprehensive
Plan of 2004, this overlay district is designed to serve as a rural
service hamlet that preserves the character and quality of the West
Falls hamlet area, including through the adoption of architectural
guidelines to control aesthetics, landscaping, and connective features.
This zone is also intended to encourage the development of uses that
are in harmony with the surrounding area, improve the visual character
of the area, promote walkability, protect adjoining residential uses,
and enhance the area by encouraging service-oriented uses that are
primarily focused on customers within the hamlet, but which are not
intended to draw customers from considerable distances, or which have
low-volume traffic and no significant impacts so as to be minimally
intrusive upon residences.
C.
Boundary description: The West Falls Hamlet Overlay District encompasses
all properties contiguous to Bridge Street and to Rte. 240 from the
southern border of the Town to the intersection with Behm Road.
D.
Objectives:
(1)
Emphasis is placed on the redevelopment of existing properties
and the strong residential character of the hamlet.
(2)
Conversions of residential structures for office or commercial
use are permitted.
(3)
Projects should be "pedestrian-friendly." Pedestrian access
should be an integral part of any site plan in this area.
(4)
Parking should be at the sides or rear of the buildings wherever
feasible and screened to maintain the residential character of the
area. Parking requirements should, however, be flexible, allowing
agreements for shared parking between businesses to be counted as
part of the required parking spaces.
(5)
Landscaping and setback standards should be utilized to improve
visual characteristics and buffer development and redevelopment from
adjoining sensitive land uses.
(6)
Architectural standards shall complement the character of a
hamlet district and provide for an improved and positive image for
the area. Facade designs that improve the character of the area are
preferred.
(7)
Franchise architecture is not permitted.
E.
Permitted principal uses. The uses permitted in the West Falls Hamlet
Overlay District shall be the same as the underlying zoning district(s).
F.
Accessory buildings. The accessory uses permitted in the West Falls
Hamlet Overlay District shall be the same as the accessory uses permitted
in the underlying zoning district(s).
G.
In addition to set Town standards, freestanding signs may not be
any larger than 12 square feet.
H.
Architectural standards. Building standards.
(1)
Building frontages shall face the public right-of-way.
(2)
New building forms and elevations should be detailed and articulated
to create interesting rooflines and strong patterns of shade and shadow.
(3)
Large buildings should have height variations to give the appearance
of distinct elements.
(4)
Building colors should accent, blend with, or complement the
surrounding environment. Bright or brilliant colors should be reserved
for trim and accents.
(5)
Building frontages with frequent doors, windows, and articulations
such as bays and porches, are preferred.
(6)
Storefront construction should be recessed enough at the point
of entry to allow the door to swing out without obstructing the sidewalk.
(7)
Awnings and overhangs for shade and shelter are encouraged.
I.
Building standards. Roofs.
(1)
Flat roofs are prohibited. Roof pitches must be a minimum of
two inches of rise and 12 inches of run.
(2)
Roofs should complement the overall style of the building.
(3)
Roof materials should not be reflective.
(4)
Roof colors should complement the overall character of the building.
(5)
All roofs shall incorporate measures to prevent falling snow
and ice onto the sidewalk, if applicable.
J.
Site and landscaping.
(2)
Development shall promote the character of the hamlet core by
maintaining a setback consistent with the buildings in the area provided
that such development meets existing setback minimums.
(3)
Any proposed development or redevelopment shall include sidewalks
that contribute to the goal of a unified pedestrian network in West
Falls, if feasible.
(4)
The rear of commercial buildings (existing and proposed) shall
be enhanced, where appropriate, to improve views to surrounding residential
properties.
(5)
No more than 80% of the lot area of any lot may be used for
structures and impermeable surfaces. In the event of a discrepancy
between this provision and a requirement in a specific district, this
provision prevails.
A.
Except as hereinafter provided, no building or land shall hereafter
be used or occupied and no building or part thereof shall be erected,
moved or altered except in conformity with the regulations herein
specified for the district in which it is located.
B.
No building shall hereafter be erected or altered to a greater height,
to accommodate or house a greater number of families, to have any
yard or setback less in width or depth or to have lesser floor area,
in the case of dwellings, than is specified herein for the district
in which such building is located.
No part of a yard or other open space required about any building
for the purpose of complying with the provisions of this chapter shall
be included as a part of a yard or other open space similarly required
for another building.
No lot, yard, setback, parking area or other space shall be
so reduced in area, dimension or capacity as to make said area, dimension
or capacity less than the minimum required under this chapter. If
already less than the minimum required under this chapter, said area,
dimension or capacity shall not be further reduced.
A.
No building shall hereafter be erected or substantially altered in
any area depicted as a floodway on the Flood Boundary - Floodway Map
or as a special flood hazard area on the Flood Insurance Rate Map
(FIRM), nor shall any land be used or developed, except in accordance
with the regulations for control of special flood hazards.
In their interpretation and application, the provisions of this
chapter shall be held to be minimum requirements adopted for the promotion
of the public health, morals, safety or the general welfare. Wherever
the requirements of this chapter are at variance with the requirements
of any other applicable law, ordinance, regulation or private agreement,
the more restrictive or that imposing the higher standard shall govern.
The degree of flood protection required pursuant to this chapter
is considered reasonable for regulatory purposes and is based on scientific
and engineering considerations. The data or regulatory provisions
herein are not, however, a warrant that other areas may not be subject
to flooding nor that base flood elevations may not be exceeded, and
the incorporation of these regulatory provisions shall not be construed
to create liability, express or implied, on the part of the Town of
Aurora or any departments or agencies thereof for any flood damages
that result from reliance on this chapter, or any administrative decision
made thereunder.
