The provisions of the district regulations shall be subject
to additional requirements, limitations and exceptions in accordance
with the following supplementary regulations. Unless otherwise specified,
such supplementary regulations shall apply in all districts.
A use specified in one district shall not be permitted as an
accessory use in another district unless such use is also specified
in such other district.
In any R District, the permitted accessory uses on any premises
shall not:
A. Occupy a total floor space exceeding 25% or 500 square feet of the
floor area of the dwelling, whichever is lesser;
B. Occupy more than 5% of the lot area;
C. Include the establishment of any new access driveway to business
or industrial premises;
D. Include a private garage with vehicular entrance headroom more than
10 feet high;
E. Include the storage of volatile substances in quantities greater
than 300 gallons on any lot; or
F. Include any home occupation which is noxious or offensive by reason
of dust, fumes, gas, noise, odor, refuse matter, smoke, vibration,
unreasonable use of lights or nighttime operation.
A. In any R District, no accessory building/structure shall be erected
or altered so as to be:
(2) In any required side yard.
(3) Nearer than 10 feet to any dwelling unless attached thereto and considered
part thereof for purposes of yard measurements.
B. Accessory buildings/structures not over one story or 15 feet in height
may occupy a total of not more than 25% of the required rear yard
area on any lot in any R District.
A. No bees, cattle, horses, goats, sheep, swine, mink, fox or other
commercial fur-bearing animals, chickens, ducks, geese, pigeons or
other fowl shall be kept, harbored or maintained in any R-1, R-2 or
R-3 District. The Zoning Board of Appeals may grant temporary or permanent
permission to keep chickens on such conditions as it may require.
B. No more than three dogs over the age of four months shall be kept,
harbored or maintained in any R, A or C District. The Zoning Board
of Appeals may grant temporary or permanent permission to keep more
than three dogs on such conditions as it may require.
A. Within 500 feet of the property line of another lot which is in any
R District, no fur farm or commercial livestock feed lot shall be
hereafter established or extended.
B. Within 100 feet of the property line of any such lot, no farm materials
or process shall be hereafter stored or maintained in such amount
or manner as will be noxious or offensive to an unreasonable degree.
C. Nothing herein shall be construed to prohibit all usual and incidental
farm and diary operations and the processing of products, animals
or fowl raised or produced on any farm by the owner or occupant thereof.
A. Clay, gravel, rock, sand, shale or other earth or natural mineral
deposit shall not be excavated, quarried or otherwise removed from
any premises, except for the purposes of construction thereon, and
in no case within 100 feet of any street line or, unless to be used
on contiguous property with the consent of the owner thereof, within
20 feet of any lot line of other premises.
B. The Town Board may grant a special use permit for the stockpiling
and sale of such materials upon written application of the owner,
which application shall contain a detailed statement of the proposed
work together with plans of such removal and of the restoration of
the premises. Approval of any such application shall be conditioned
on the following requirements:
(1) Nearby property owners and occupants shall be protected against unreasonable
nuisances and hazards during the period of operations.
(2) All such excavations over five feet in depth shall be leveled on
the bottom by refilling and shall be graded on all sides with a slope
of not less than 1 1/2 feet horizontal for each one foot of vertical
depth, or in lieu of sloping all sides of such excavations as herein
provided, a permanent fence or barricade effectively prohibiting access
to such excavation shall be erected and maintained on all sides thereto.
(3) The applicant shall agree to such further conditions as the Town
Board may impose for public safety and the general welfare, including
the filing of an acceptable bond or deposit to guarantee compliance.
Where a widening or extension of an existing street or highway
right-of-way or the establishment of a new street or highway is indicated
on the Zoning Map or on an Official Map adopted by the Town Board,
any front yard or building setback required by this chapter shall
be measured from such widened, extended or new right-of-way. Unless
otherwise indicated on the map, any widened right-of-way shall be
assumed to be centered on the former street or highway center line.
The height limitations of this chapter shall not apply to chimneys,
church spires and belfries, water tanks or necessary mechanical features
not occupying more than 1/10 of the roof area. In any R or C District,
a public or nonprofit institutional building may be erected to a height
greater than that specified for the district, provided that each front,
side and rear yard is increased one foot for each one foot of additional
height.
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 § 280-a of the Town Law.
A. Where a district boundary line divides a lot in single or joint ownership
of record at the time such line is established, the regulations for
the less-restricted portion of such lot shall extend not more than
50 feet into the more-restricted portion, provided that the lot has
frontage on a street or highway in the less-restricted portion.
B. A single lot having street frontage in the RR District and which
lot extends into the A District shall follow the minimum lot size
requirements and setback regulations for the RR District for the construction
of a single-family or two-family dwelling in the A-zoned portion of
the lot.
The requirements of this chapter with respect to lot area and
lot width shall not be construed to prevent the erection of a one-family
dwelling on any lot of record in ownership separate from that of any
adjacent lots at the effective date of this chapter, provided that
the sanitation, yard and setback requirements are complied with.
A. General requirements.
(1) A parking space shall be a minimum of nine feet wide and 19 feet
long and shall be served by a parking aisle which is no less than
24 feet wide for two-way traffic or 12 feet wide for one-way traffic.
(a)
Fifteen percent of the required parking spaces may be formatted
to serve compact cars. The minimum size of these spaces shall be seven
feet wide and 14 feet long.
(2) An area containing one or more parking spaces shall have direct access
to a public street or alley.
(3) Parking area design shall conform to parking area dimensions as set
forth herein. All parking areas which require 20 or more parking spaces
shall have a dust-free surface and be properly marked.
(4) All parking areas shall be property drained so as not to impact neighboring
properties or rights-of-way.
(5) All parking areas shall be constructed to withstand the loads to
be imposed.
(6) Outdoor lighting for off-street parking areas shall be designed to
shield adjacent properties from glare.
(7) Off-street parking areas of all developments shall be designed so
that sanitation, snow removal, emergency and other public service
vehicles may serve such developments without restriction or obstruction.
(8) No off-street parking shall be located over an active or auxiliary
septic tank or septic field.
(9) The size and number of handicapped parking spaces shall be as required
by the approved New York State Building and Fire Prevention Code.
Such number of spaces shall be included in the total number of required
parking spaces.
(10)
Shared access and parking arrangements with adjoining properties
shall be reviewed and approved by the Town Board. Appropriate legal
access agreements shall be provided by the property owner or developer.
Such agreements shall be reviewed and approved by the Town Attorney
prior to final approval by the Town Board.
(11)
The Town Board may recommend that green space be substituted
in lieu of the required parking area on a particular site plan.
B. Existing parking areas.
(1) Any existing off-street parking area may continue in use unimpaired.
(a)
In the event that a facility and/or parking area is subject
to site plan review and/or special use permit, the existing parking
area shall not be enlarged, reduced, or have entrances and/or exits
relocated without Town Board review and approval.
(2) It shall be the responsibility of the property owner to provide the
total number of off-street parking spaces required by this chapter
for any uses which are enlarged, erected or structurally altered after
the effective date of this article. All required parking areas shall
be completed and landscaped prior to occupancy of any structure.
C. Minimum required spaces based on occupancy.
(1) All minimum required parking spaces based on occupancy and use of
a property shall be as regulated by the Town of Aurora Parking Guideline.
(2) Any use not specifically addressed or referred to in the Town of
Aurora Parking Guideline shall be subject to parking requirements
of the listed use that most closely matches the proposed use as determined
by the Town of Aurora Code Enforcement Officer or his/her representative.
Town of Aurora Off-Street Parking Guideline
|
---|
Type of Use
|
Number of Parking Spaces
|
---|
Residential
|
Single-family dwelling
|
2
|
Two-family dwelling
|
4
|
Multiple-family dwelling
|
2 per dwelling unit
|
Senior housing
|
1 per dwelling unit
|
Boarding- or rooming house; bed-and-breakfast
|
1 per guest room plus spaces required for principal use
|
Home occupation
|
1 per 200 square feet of floor area used for the home occupation
|
Business and Commercial
|
Retail stores and services
|
1 per 300 square feet of gross floor area
|
Banks
|
1 per 500 square feet of gross floor area plus 1 per employee
for the largest shift; 5 queuing spaces per drive-through lane
|
Office, medical or dental; laboratory
|
4 per professional, plus 1 per employee for the largest shift
|
Office, general or professional
|
1 per 300 square feet of gross floor area
|
Hospital, nursing home, convalescent home
|
1 per employee for the largest shift, plus 1 for every 6 patient
beds
|
Hotel, motel, inn
|
1 per guest room, plus 1 per employee for the largest shift.
Additional spaces shall be required for any restaurant or other accessory
use on the property
|
Restaurant (standard and fast-food); tavern
|
1 per 3 patron seats or 150 square feet of gross floor area,
plus 1 per employee for the largest shift. Five off-street queuing
spaces for each drive-through lane.
|
Funeral homes
|
1 per 150 square feet of gross floor area
|
Beauty parlor/barbershop
|
1.5 per patron service/treatment chair
|
Gas stations
|
4 per bay
|
Day-care center
|
1 parking space and 1 queuing space per 300 square feet of gross
floor space
|
Ice-skating rinks; roller-skating rinks
|
1 per 300 square feet of gross floor area
|
Health/fitness clubs; swimming clubs
|
1 per 150 square feet of area devoted to the activity
|
Storage and warehouse facilities
|
1 per 4,000 square feet of floor area devoted to storage
|
Industrial uses
|
1 per 4,000 square feet of floor area devoted to storage and/or
stationary operating equipment
|
Outdoor storage
|
1 per 4,000 square feet of area devoted to outdoor storage,
including used car lots; equipment rental; sales yards
|
General Uses
|
Meeting halls, theaters or other places of public assembly not
otherwise specified
|
1 per 4 seats or 60 square feet of seating area where fixed
seating is not provided
|
Churches
|
1 per 4 seats
|
High schools and colleges
|
5 per classroom
|
Nursery and elementary schools
|
1 per employee plus on per classroom
|
Dance halls or dance studios
|
1 per 150 square feet of gross floor area
|
Bowling alleys
|
5 per bowling lane, plus 1 per employee for the largest shift
|
Tennis club
|
5 per court
|
The following structures shall be allowed within required yards:
A. A wall or fence not over 3 1/2 feet high in any front yard or side-street side yard, subject to §
116-38.
B. A wall or fence not over seven feet high in any other yard.
C. A retaining wall of any necessary height.
D. Balconies, bay windows, chimneys and roof projections not exceeding
three feet.
E. Unenclosed porches projecting into any required side or rear yard
not more than 1/4 the required width or depth of such yard.
F. Steps not extending and not enclosed above the floor level of the
first story.
A. If a public water supply is available, no new residence or other
new principal building, except a farm structure, shall be constructed,
erected, built, or used without connection with such water supply.
B. If a public sewer system is available, no new residence or other
new principal building, except a farm structure, shall be constructed,
erected, built, or used without connection with such public sewer
system.
The provisions of this chapter shall not be construed to limit
or interfere with the construction or operation, for public utility
purposes, of water and gas pipes, electric light and power transmission
and distribution lines, communication lines, oil pipelines, sewers
and incidental appurtenances or with any highway or railroad right-of-way
existing or hereafter authorized by the Town of Aurora, County of
Erie or State of New York. The above exceptions shall not be construed
to permit service yards, repair garages or other service or storage
structures or uses by said public utilities except as otherwise permitted
by this chapter.
The dumping of garbage or rubbish shall be permitted only in
locations and under conditions approved by the Town Board and the
Erie County Department of Health. Any new or modified facilities for
the treatment, storage or disposal of sewage, including excreta, bath,
sink and laundry wastes or trade wastes, shall be provided and installed
in accordance with the rules, regulations and standards of the New
York State and Erie County Departments of Health. Careful consideration
shall be given to the location and construction of private water supplies
to assure adequate protection of such supplies.
A. The owner of land in any zoning district except an R or A District
may apply to the Town Board for a special use permit for the development
and operation of a shopping center or an industrial center on such
land, provided that:
(1) The proposed site is not less than five acres in area.
(2) A survey map is submitted showing contours, other natural features
and existing development on the proposed site and also on all adjacent
premises.
(3) A proposed development plan is submitted showing all proposed buildings,
drives, parking areas and other features.
(4) A stormwater pollution prevention plan (SWPPP) is submitted, together with the recommendation of the Stormwater Management Officer to approve, approve with modifications, or disapprove the SWPPP pursuant to §
96-4B of the Code. A special permit shall not be granted unless the SWPPP and proposed plan conform to the performance and design criteria and standards in Chapter
96, Stormwater Management, of the Code.
B. The Town Board shall refer every such application, survey map and
proposed plan to the Town Planning Board for its recommendation thereon.
The Town Planning Board shall approve, approve with modifications
or disapprove such application and shall report its decision to the
Town Board, stating its reasons based on:
(1) The relation of the proposed project to any Town Comprehensive and/or
Open Space Plan, now existing or hereafter adopted.
(2) The need for the proposed project, at the present time.
(3) The compatibility of the proposed project with adjoining land uses
and with other proposed developments, having particular reference
to its probable effect on the value of other land and to the adequacy
of features intended to promote public safety and the general purposes
of this chapter.
C. The Town Board, on receipt of the Planning Board's recommendation,
shall approve or disapprove the application or shall request the submittal
of revised or more-detailed plans and specifications.
D. If the application is approved, building and occupancy permits may
be obtained, but only for the development and use authorized by the
Town Board in accordance with the specifications and plans filed with
and approved by the Town Board and with any further conditions imposed
by the Town Board as to operation.
In any district, no building shall be constructed, erected,
built, altered or used which has its external side walls covered,
in whole or in part, with exposed building paper, rolled roofing paper
or other like flammable rolled or sheet material.
A. In any R District, no sign shall be constructed, erected, built or
used except:
(1) Temporary signs pertaining to the lease or sale of a lot or building,
not exceeding nine square feet in area, to be removed within 10 days
after the property is leased or sold.
(2) Church or school bulletin boards not exceeding 20 square feet in
area.
(3) Temporary signs not exceeding 20 square feet in area, related to
a single activity or event, which may remain in place for a period
of less than 30 days up to three nonconsecutive times a calendar year.
(4) A sign of not more than four square feet in area displaying a street
number, name of occupant(s) and/or name by which the property is known.
(5) One builders' or contractors' sign, not exceeding 12 square feet
in area, while construction is in progress. Such sign will be removed
within 10 days after construction is substantially completed.
(6) Professional nameplates not exceeding two square feet in area indicating
only the name, degrees and/or profession of the person(s) residing
on the premises and permitted to practice their profession thereon.
B. In any A District, no sign shall be constructed, erected, built or
used except:
(1) Signs permitted in R Districts.
(2) Signs not more than 24 square feet in area which advertise the products
of the farm on which they are located.
(3) When approved by the Zoning Board of Appeals, a freestanding sign
not to exceed 24 square feet in area advertising nonagricultural uses
permitted in an agricultural zone.
C. In any C District, no sign shall be constructed, erected, built or
used except:
(1) Those signs permitted in R Districts.
(2) A sign, not to exceed 32 square feet in area, attached to a building
which advertises the business or products sold or manufactured on
the premises, provided that no part of any such sign projects over
any street line or more than five feet out from the wall or above
the roof of the building to which it is attached.
(3) One freestanding sign, not exceeding 32 square feet in area and no
greater than six feet in height, which advertises the business or
products sold or manufactured on the premises; additional freestanding
signs (consistent with the above specifications) which are approved
of by the Town of Aurora Zoning Board of Appeals.
D. Signs constructed, erected, built or used in any district:
(1) Shall not consist of animated or moving parts.
(2) May only be illuminated by light of constant color and intensity.
No flashing, rotating or moving lights or strings of lights (excluding
temporary Christmas or similar holiday lights) may be used.
(3) May not be illuminated from within (i.e., interior illuminated) or
illuminated by neon or similar devices of technology.
(4) Political signs and banners. This chapter shall in no event be construed
or employed to restrict the political process within the Town of Aurora.
Such political signs shall not exceed four square feet, shall be located
on private property, shall be placed no earlier than 30 days prior
to the voting day, and shall be removed within two days thereafter.
E. Nonconforming signs existing prior to the enactment of this section,
as amended, shall not be altered or enlarged except in compliance
with this section.
A. No stripping or removal of topsoil shall be made within 100 feet
of any street line or within 10 feet of any property line of land
in different ownership.
B. No stripping or removal of topsoil shall be made in any case except
that:
(1) The owner of lands may strip topsoil for use on the same or contiguous
lands owned by him.
(2) The Town Board may grant permission for stripping and removal of
topsoil on condition that the land so stripped of topsoil shall be
leveled, graded and drained, that not less than five inches of topsoil
shall remain on such land and that such land, during the months of
April and May or September and October next following such stripping
and removal of topsoil, shall be prepared into a loose, level seedbed,
limed, fertilized and seeded by applying ground limestone at the rate
of one ton per acre, 5-10-5 fertilizer at the rate of 600 pounds per
acre, disked and worked into the soil and smoothed, and the following
seed mixture sown thereon at the rate of 20 pounds per acre and rolled
firmly:
(a)
New York State broadleaf trefoil: seven pounds.
(b)
Kentucky bluegrass: two pounds.
C. The Town Board may require the filing of an acceptable bond or deposit
to guarantee compliance with this section.
A. Except as provided in §
116-37, no habitable vehicle or mobile home shall be stored or used in any district as a temporary or permanent dwelling or for any trade or occupation, whether or not its wheels have been removed and whether or not it has been placed upon a foundation, except under the following conditions:
(1) It shall be more than 150 feet from each street line and on a lot
owned in fee by the occupant of such vehicle or mobile home.
(2) Not more than one such vehicle or mobile home shall be located on
any lot or parcel of land.
(3) Such vehicle or mobile home shall not be stored, used or occupied
for more than one year.
(4) A permit therefor shall have been granted by the Code Enforcement
Officer for not more than one year. The Board of Appeals may extend
such period of occupancy and use for not more than six months on any
single application therefor.
B. None of the foregoing provisions shall be construed to prohibit storage
of one recreation vehicle or travel or camping trailer on a lot upon
which a dwelling has been lawfully erected or in an enclosed permanent
building on such lot, provided that such trailer is owned by the occupant
of such premises and, while so stored, is not used or occupied for
sleeping or dwelling purposes and is not connected with electric,
sewer, water or other utilities.
C. Seasonal and off-seasonal storage.
(1) Seasonal property storage (April 15 through October 15).
(a)
Prohibited storage of a recreational vehicle, camping, or travel
trailer is as follows:
[1]
Within 10 feet of any side yard lot line.
[2]
Within 50 feet of the road right-of-way, excluding driveways.
[3]
Within 10 feet of any rear yard lot line.
[4]
Within 45 feet of any side street right-of-way on a corner lot.
(2) Off-seasonal storage (October 15 through April 15).
(a)
Within a fully enclosed accessory structure.
(b)
In the rear yard but not within 10 feet of any lot line.
No mobile home park shall be hereafter established, extended,
enlarged or opened for use in any district, except that in any A District,
the Town Board may authorize the establishment, extension, enlargement
and use of mobile home parks subject to the following conditions:
A. The development, maintenance and operation of such mobile home park
shall comply with all applicable laws, ordinances and regulations.
B. The mobile home park shall have been approved by the Erie County
Health Department.
C. Highway access shall have been approved by the Highway Superintendent
or department having jurisdiction.
D. All electrical installations and equipment and fire-protection measures
shall meet the requirements of the New York State Board of Fire Underwriters.
E. Each mobile home or habitable vehicle shall be set back at least
150 feet from every street line.
F. The individual parking space or plot upon which each mobile home
shall be located shall be not less than 40 feet in its least horizontal
dimension and not less than 3,200 square feet in area and shall be
provided with individual water supply and sewer connections.
G. A site plan showing all water, sewer and other utilities, the individual
mobile home plots and all buildings, roads and other improvements
in connection with the proposed mobile home park, prepared and signed
by a New York State-licensed professional engineer, shall be submitted
as part of the application for such mobile home park.
H. A stormwater pollution prevention plan (SWPPP), if required for the proposed mobile home park development, extension, or enlargement under Chapter
96, Stormwater Management, of the Code, shall be submitted as part of the application for such development, extension, or enlargement, together with the recommendation of the Stormwater Management Officer pursuant to §
96-4B of the Code. If an SWPPP is submitted pursuant to this section, the application shall not be approved unless the SWPPP complies with the performance and design criteria and standards in Chapter
96, Stormwater Management, of the Code.
I. The Town Board shall have held a public hearing in regard to such application, on like notice to that specified in §
116-92 of this chapter for a hearing before the Board of Appeals, except that owners of all properties abutting on the lot or premises to be used for such mobile home park shall have been notified of such hearing in the manner specified in said §
116-92.
J. The application shall have been submitted by the Town Board to the
Town Planning Board for its recommendations, and such recommendations
shall have been reported to the Town Board, together with reasons,
based on:
(1) The relation of the proposed mobile home park to any Town Comprehensive
and/or Open Space Plan, now existing or hereafter adopted.
(2) The need for said mobile home park at the present time.
(3) The compatibility of said mobile home park with adjoining land uses
and other proposed developments, with particular reference to its
probable effect on land values, public health, public safety and the
general purposes of this chapter.
No fence, wall, building or other structure, tree, shrub or
other planting which obstructs sight lines at elevations between two
feet and six feet above the roadway shall be placed or permitted to
remain on any corner lot in the triangular area formed by intersecting
street lines and a line connecting them at points 50 feet distant
from their intersection.
All volatile materials shall be stored, kept and used only in
containers and in the manner approved by the New York State Board
of Fire Underwriters.
Driveway culvert installation shall be approved prior to construction
of a driveway. Town Highway Superintendent shall approve the culvert
type for Town roads and installation of culverts, excavation and backfill
of pipe trenches shall be in accordance with the Standard Specifications
and Details for Materials and Construction of the Town of Aurora on
file in Town offices. The Erie County Highway Department shall approve
all culverts installed on County Highways. The New York State Department
of Transportation shall approve all culverts installed on New York
State Highways.