The regulations set by this chapter shall be the minimum regulations within each district and shall apply uniformly to each class or kind of structure or use of land except as hereinafter provided:
A. 
No building, structure or land shall hereafter be used or occupied, and no building or structure or part thereof shall hereafter be erected, constructed, reconstructed, moved or structurally altered except in conformity with all the regulations herein specified for the district in which it is located.
B. 
No building or structure shall hereinafter be erected or altered:
(1) 
To exceed the height limitation for any structure within a specified district.
(2) 
To accommodate or house a greater number of families.
(3) 
To occupy a greater percentage of lot area.
(4) 
To have narrower or smaller yards or other open spaces than herein required, or in any other manner contrary to the provisions of this chapter and the requirements of the New York State Building Construction and Fire Prevention Code.[1]
[1]
Editor's Note: See also Ch. 209, Construction Codes, Uniform.
C. 
No part of a yard or other open space or off-street parking or loading space required about or in connection with any building for the purpose of complying with the regulations set forth herein shall be included as part of a yard, open space or off-street parking or loading space similarly required for any other building except as provided in Article IX.
D. 
No yard or lot existing at the time of enactment of this chapter shall be reduced in dimension or area below the minimum requirements set forth herein. Yards or lots created after the effective date of this chapter shall meet or exceed the minimum requirements established herein.
[Amended 12-14-2006 by L.L. No. 2-2006; 10-9-2008 by L.L. No. 5-2008; 1-10-2019 by L.L. No. 1-2019; 12-28-2023 by L.L. No. 6-2023; 11-6-2025 by L.L. No. 5-2025]
A. 
Intent. The intent in creating agricultural districts is to protect predominantly agricultural areas from suburban and urban development, encourage the continuation of agriculture, reduce land use conflicts and preserve open space and natural resources. To this end, construction and connection of water main laterals and service connections of four inches in diameter or greater are prohibited within the A Agricultural District.
B. 
Permitted principal uses and minimum lot sizes. Permitted principal uses and minimum lot sizes shall be as follows:
(1) 
Single-family dwelling.
(a) 
Minimum lot area: 60,000 square feet.
(b) 
Minimum frontage: 200 feet, measured at the edge of the road right-of-way and maintained to a minimum depth of 300 feet.
(c) 
Minimum depth: 300 feet, measured from the center line of the right-of-way.
(d) 
Minimum front setback: 100 feet, measured from the center line of the road.
(e) 
Minimum side setback: 30 feet, measured from the edge of the property line.
(f) 
Minimum rear setback: 100 feet, measured from the edge of the property line.
(2) 
Two-family dwelling.
(a) 
Minimum lot area: 90,000 square feet.
(b) 
Minimum frontage: 300 feet, measured to the edge of the road right-of-way and maintained to a minimum depth of 300 feet.
(c) 
Minimum depth: 300 feet, measured from the center line of the right-of-way.
(d) 
Minimum front setback: 100 feet, measured from the center line of the road.
(e) 
Minimum side setback: 30 feet, measured from the edge of the property line.
(f) 
Minimum rear setback: 100 feet, measured from the edge of the property line.
(3) 
General or specialized farming, truck gardening, greenhouses, nurseries and animal or poultry husbandry; provided, further, that on land devoted to the housing or breeding of horses, cattle, swine, poultry, sheep or goats, the shelters for such animals shall not be closer than 30 feet to the boundary of any nonagricultural zoning district. Kennels, including runways, used for the housing or breeding of dogs shall not be closer than 100 feet to the side or rear lot line or closer than 150 feet to the street right-of-way.
(a) 
Customary farm buildings for the storage of products, livestock or equipment shall not be any closer to the road than the front of the principal structure or 150 feet from the road center line, whichever is less. The minimum side and rear lot allowance shall be 30 feet from the property line. The construction of farm buildings shall be limited to farms.
(4) 
Boarding of animals, excluding the renting or leasing of animals or kennels.
(5) 
Excavation operations which do not exceed the threshold of 750 cubic yards per 1,000 tons per year set forth in the definition of "excavation" in § 700-8 of this chapter, excavations (including those exceeding the limit of 750 cubic yards per 1,000 tons per year) which are solely in aid of on-site agriculture and farming, and excavations that do not exceed a cumulative total of 10,000 cubic yards and that begin and end in a period lasting no longer than 12 months, which constitute grading, land clearing and site preparation for residential, commercial and industrial construction projects.
(6) 
Earth-sheltered housing, subject to the following provisions:
(a) 
No more than one family shall reside in any earth-sheltered housing structure.
(b) 
Applicants for a building and use permit for earth-sheltered housing shall submit a report prepared by a licensed civil engineer or architect which demonstrates that the physical characteristics of the site are suitable to accommodate earth-sheltered housing construction.
(c) 
Detailed construction plans prepared by a licensed engineer or architect shall be submitted with the application for a building and use permit.
(d) 
The lot size, width, setback and coverage requirements for earth-sheltered housing shall not be less than the corresponding requirements for conventional residential dwellings in the district.
(e) 
Accessory residential structures and uses (i.e., off-street parking, signs, swimming pools, etc.) shall conform to the same regulations and controls for such structures and uses associated with conventional residential dwellings.
C. 
Restrictions.
(1) 
No more than one commercial vehicle with a gross vehicle weight (GVWR) in excess of 10,000 pounds shall be permitted. Said vehicle may be parked no closer to the road than the principal structure and no less than 100 feet from any side or rear lot lines and must be visually screened from adjacent property owners. This restriction shall not apply to farms.
D. 
Permitted accessory uses.
(1) 
For lots of less than two acres, accessory structures shall be permitted and may cover up to 3% of the lot. However, only two detached structures shall be permitted and shall have a maximum height of 25 feet with fifteen-foot side and rear lot allowances.
(2) 
On lots two acres and greater but less than five acres, accessory structures shall be permitted and may cover up to 3% of the lot. However, only three detached structures shall be permitted and shall have a maximum height of 25 feet with fifteen-foot side and rear lot allowances.
(3) 
On lots five acres and greater, the accessory structures shall be permitted and may cover up to 5% of the lot. Accessory structures shall have a maximum height of 25 feet, with fifteen-foot side and rear lot allowances.
(4) 
Detached garage or accessory structure shall only be permitted to be closer to the road than the front of the principal structure in cases where the setback for the accessory structure is at least 150 feet from the front property line. That is, the accessory structure may be permitted to be nearer the road than the principal structure if the setback to the accessory structure is at least 150 feet.
(5) 
The housing of farm animals (i.e., horses, cattle) shall be a permitted accessory use, subject to the following conditions:
(a) 
On a minimum lot size of 1.5 acres, one large animal shall be permitted, plus one acre for each additional animal. This restriction shall not apply to farms.
(b) 
Any solid manure storage shall be a minimum distance of 75 feet from any property line.
(c) 
Any liquid manure storage shall be a minimum distance of 150 feet from any property line.
(6) 
Home occupations as defined in § 700-8 and as regulated by § 700-49 of this chapter.
(7) 
Stands of a nonpermanent nature (movable and temporary) may be utilized for the sale of agricultural products by the property owner during the harvest season under the following conditions:
(a) 
The stand shall be set back not less than 30 feet from the edge of the pavement of the highway.
(b) 
Sufficient land area shall be provided to accommodate off-street parking for not fewer than three vehicles on site.
(c) 
Not more than two signs may be erected for the purpose of advertising such sale. Said signs shall not exceed 12 square feet in area and shall be located not less than 20 feet from the edge of the pavement of the highway.
(8) 
Establishment where animals or fowls are slaughtered or butchered for food under the following conditions:
(a) 
The type of animals or fowls to be slaughtered or butchered for food shall be only those animals or fowls permitted to be slaughtered or butchered by the New York State Agriculture and Markets Law or the implementing regulations promulgated by the New York State Department of Agriculture and Markets;
(b) 
The number of animals or fowls to be slaughtered or butchered for food shall not exceed the limit of such as set forth by the New York State Agriculture and Markets Law or the implementing regulations promulgated by the New York State Department of Agriculture and Markets;
(c) 
No establishment where animals or fowls are slaughtered or butchered for food shall be allowed unless a permit to allow such activity is issued by the New York State Department of Agriculture and Markets; and
(d) 
Operation must be conducted in a fully enclosed structure and shall only occur on property where agricultural or farming activities are being conducted.
E. 
Permitted uses by special use permit:
Home occupations as defined in § 700-8 and as regulated by § 700-49 of this chapter.
(1) 
Essential services, excluding power plants.
(2) 
Private airstrips.
(3) 
Camping grounds.
(4) 
Not-for-profit public and semipublic uses and buildings, excluding gun clubs.
(5) 
Kennels.
(6) 
Stables or riding academies where animals are rented or leased.
(7) 
Commercial recreation uses, excluding firing ranges and amusement arcades.
(8) 
(Reserved)
(9) 
Bed-and-breakfast establishments.
(10) 
Telecommunications facilities, subject to the provisions of Chapter 657 of the Code of the Town of Marilla.
(11) 
Private, semipublic and public golf course recreational facilities, subject to § 700-60 of this chapter.
F. 
Additional uses permitted in the A Agricultural District. Additional uses permitted in the district shall be as follows:
(1) 
Gun clubs or firing ranges, subject to the regulations and provisions of Chapter 552, Firing Ranges, and approved by the Town Board.
A. 
Intent. The purpose of the Rural Residential District is to promote orderly development of the Town and encourage well-designed living environments which protect and stabilize the residential characteristics of the Town.
B. 
Permitted principal uses and minimum lot sizes. Permitted principal uses and minimum lot sizes shall be as follows:
(1) 
Single-family dwelling.
(a) 
Minimum lot area: 60,000 square feet.
(b) 
Minimum frontage: 200 feet, measured at the edge of the road right-of-way and maintained to a minimum depth of 300 feet.
(c) 
Minimum depth: 300 feet, measured from the center line of the right-of-way.
(d) 
Minimum front setback: 100 feet, measured from the center line of the road.
(e) 
Minimum side setback: 30 feet, measured from the edge of the property line.
(f) 
Minimum rear setback: 100 feet, measured from the edge of the property line.
(2) 
Two-family dwelling.
(a) 
Minimum lot area: 90,000 square feet.
(b) 
Minimum frontage: 300 feet, measured to the edge of the road right-of-way and maintained to a minimum depth of 300 feet.
(c) 
Minimum depth: 300 feet, measured from the center line of the right-of-way.
(d) 
Minimum front setback: 100 feet, measured from the center line of the road.
(e) 
Minimum side setback: 30 feet, measured from the edge of the property line.
(f) 
Minimum rear setback: 100 feet, measured from the edge of the property line.
C. 
Restrictions (applicable to all R-R Districts).
(1) 
No commercial vehicle with a gross vehicle weight (GVWR) in excess of 10,000 pounds shall be parked in any R-R District except for temporary pickup and delivery.
D. 
Permitted accessory uses.
[Amended 12-14-2006 by L.L. No. 2-2006; 3-8-2012 by L.L. No. 2-2012]
(1) 
No more than two accessory buildings shall be allowed per lot in the Rural Residential District. The maximum size for an accessory building shall not exceed 60 feet by 60 feet or a total of 3,600 square feet. In total, all accessory buildings may cover up to 2% of the lot or have a total building area of 7,200 square feet, whichever is less. Accessory buildings shall have a maximum wall height of 12 feet and minimum roof pitch of 3:12, with a minimum of 15 feet side yard and rear lot allowance.
(2) 
Detached garage or accessory structure shall only be closer to the road than the front of the principal structure in cases where the setback for the accessory structure is at least 150 feet from the front property line. That is, the accessory structure may be permitted to be nearer the road then the principal structure if the setback to the accessory structure is at least 150 feet.
(3) 
Home occupations as defined in § 700-8 and as regulated by § 700-49 of this chapter.
E. 
Permitted uses by special use permit
[Amended 12-14-2006 by L.L. No. 2-2006]
(1) 
Essential services, excluding power plants, maintenance buildings and storage yards.
(2) 
Not-for-profit public and semipublic uses and buildings.
(3) 
Rooming houses.
(4) 
Telecommunications facilities, subject to the provisions of Chapter 657 of the Code of the Town of Marilla.
(5) 
Private, semipublic and public golf course recreational facilities, subject to § 700-60 of this chapter.
(6) 
The keeping of chickens is permitted within R-R zoned properties. Residents must create appropriate containment to ensure their chickens, bedding and all waste remains on the owner's property until proper disposal.
[Added 7-15-2022 by L.L. No. 2-2022]
A. 
Intent. The purpose in creating manufactured home park districts is to provide diversity in housing choice as well as greater opportunities for obtaining moderate-cost housing to meet the needs of a variety of household types and to enact proper controls and development regulations to ensure that manufactured home parks provide an attractive and functional residential environment.
B. 
Permitted principal uses. Permitted principal uses shall be as follows:
(1) 
Single-family manufactured homes.
(2) 
Assisted living facility.[1]
[1]
Editor's Note: Added at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
C. 
Permitted accessory uses. Permitted accessory uses shall be as follows:
(1) 
Private garages and carports.
(2) 
Customary residential storage structures.
(3) 
Off-street parking and signs in accordance with Article IX.
(4) 
Community facility buildings and uses serving the residents of the manufactured home park, subject to approval of the Town Board.
(5) 
Office for resale and park operations.
(6) 
Home occupations as defined in § 700-8 and as regulated by § 700-49 of this chapter.[2]
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
D. 
Permitted uses by special use permit:[3]
(1) 
Essential services, excluding power plants, maintenance buildings and storage yards.[4]
[4]
Editor's Note: Former Subsection D(2), Home occupations or home professional occupations, which immediately followed, was repealed 2-14-2002 by L.L. No. 2-2002.
(2) 
Telecommunications facilities, subject to the provisions of Chapter 657 of the Code of the Town of Marilla.[5]
[5]
Editor's Note: Added at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
[3]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
E. 
Special design requirements. No permit for a manufactured home park shall be issued until site plans for the park have been reviewed by the Planning Board and approved by the Town Board. No site preparation or construction shall commence until final site plan has been granted by the Town Board and permits have been issued by all governmental agencies involved. This provision shall apply to the expansion or alteration of existing manufactured home parks as well as to proposals for new parks. In the review of proposed site plans, the Planning Board's investigations shall certify for action by the Town Board that the plans comply with the following standards and development regulations:
(1) 
Density and setback requirements.
(a) 
Each manufactured home lot within the park shall comply with the applicable lot size, building size and setback requirements set forth in the schedule herein.
(b) 
The minimum site area of a manufactured park shall not be less than 10 acres.
(c) 
No manufactured home or other structure in a manufactured home park shall be located within 100 feet of any public street line or within 60 feet of any other property line of the manufactured home park.
(d) 
Not more than one manufactured home shall be located on any one manufactured lot. Every manufactured home within a manufactured home park shall be located on a manufactured home lot or in a designated storage area shown on the approved site plan for said park.
(e) 
Each manufactured home lot shall front on an interior park roadway. An iron stake shall be located and maintained by the park owner at the corner of each manufactured home lot.
(f) 
No addition to any manufactured home park and no new manufactured home park shall be constructed within 250 feet of the line of any R-R Residential District, of which area a fifty-foot strip of land immediately adjoining said R-R District shall be maintained as a landscaped buffer area.
(2) 
Circulation. Every roadway within a manufactured home park shall have a minimum street/pavement width of 22 feet and a minimum right-of-way width of 50 feet. Internal streets shall conform to the following standards:
(a) 
Culs-de-sac shall be provided in lieu of closed-end streets and shall have a minimum diameter of 70 feet.
(b) 
All streets shall be constructed of blacktop or equivalent of same and shall be designed, graded and leveled as to permit the safe passage of emergency and service vehicles at a speed of 15 miles per hour.
(c) 
Each street shall be named, and each manufactured home lot thereon shall be given a permanent number which shall be affixed to the manufactured home and shall be visible from the street.
(d) 
All internal streets shall be illuminated from dusk to dawn with adequate lighting.
(e) 
Every roadway within a manufactured home park shall be maintained in good repair and shall be open at all times reasonably possible for travel by occupants of the park and necessary fire, police, ambulance, public utility maintenance and fuel supply vehicles. The park owner shall be responsible for providing and paying the cost of such maintenance and all necessary snow removal. The provisions of this subsection shall apply to existing manufactured home parks and manufactured home parks hereafter established.
(f) 
Pedestrian walkways shall be provided along at least one side street of all interior streets. Said walkway shall have a width of not less than four feet.
(3) 
Off-street parking.
(a) 
Each manufactured home lot must have two off-street parking spaces. Alternative parking facilities may be provided so that each manufactured home lot will have one off-street parking area with a common parking area utilized for second vehicle parking, guest parking and for delivery and service vehicles. Each parking space must have a minimum of 250 square feet.
(b) 
No on-street parking shall be permitted.
(c) 
No boats, camp haulers, trailers or motor vehicles not designated for passengers shall be parked or stored at any place within the manufactured home park except designated special off-street parking areas.
(d) 
No unlicensed motor vehicles or trailers or parts thereof or junks of any nature or description shall be parked or stored within the manufactured home park.
(4) 
Services.
(a) 
A recreation area with adequate provisions for facilities, maintenance and supervision for the use of the occupants shall be provided within the park. Said recreation area and facilities shall be approved by the Town Board and shall encompass an area of not less than 500 square feet for each manufactured home lot. In no event shall such area be less than 10,000 square feet.
(b) 
At least one service building shall be constructed in each manufactured home park which shall be adequate to provide for storage of all equipment, tools and materials necessary for the maintenance of the park. All such equipment, tools and materials shall be stored within said building when they are not in use.
(c) 
The plan for a manufactured home park shall provide a system of fire protection, including a fire alarm system and a water reservoir, if necessary, deemed satisfactory by the Fire Department.
(d) 
An adequate supply of water shall be provided for manufactured homes, service buildings and other accessory buildings. Where public water is available, connection thereto shall be used exclusively. If a public water supply is not available, the development of a private water supply system shall be approved by the Erie County Department of Health.
(e) 
An adequate and approved system shall be provided in all parks for conveying and disposing of sewage from manufactured homes, service buildings and other accessory facilities. Such system must be designed, constructed and maintained in accordance with the New York State Public Health Law and Department of Health standards and regulations. Approval by the Erie County Department of Health is required before any permit or license may be issued.
(f) 
An adequate storm drainage system shall be installed.
(g) 
All public utility, electric, gas, cable, television and telephone lines shall be installed underground.
(h) 
The park owner shall provide for the regular collection and disposal of garbage, trash and rubbish.
(i) 
All fuel tanks within a manufactured home park, including all fuel tanks used for heating within manufactured homes, shall be installed underground in accordance with National Fire Protection Association (NFPA) standards.
(j) 
No manufactured home shall be located on a manufactured home lot until the roadways, sanitary sewage disposal system, water supply system and storm drainage system serving said manufactured home lot have been installed in accordance with the approved site development plan for the manufactured home park.
(k) 
Manufactured home park owners shall obtain a permit from the Town approving the location of a site for the placement of individual manufactured home units prior to such units being occupied.
(5) 
Other requirements.
(a) 
Only one detached accessory building not exceeding 100 square feet building area may be constructed on each such manufactured home lot. Buildings attached to a manufactured home may be constructed, provided that the total building area thereof does not exceed 100% of the building area of the manufactured home. These provisions shall not apply to carports. A building permit must be obtained from the Code Enforcement Officer prior to construction of any such enclosure or addition, and the application therefor must show a detailed plan of the proposed construction showing compliance with the terms herein. Such structure must be completed or entirely removed from the manufactured home park within two months of the date of issuance of such permit.
(b) 
Each manufactured homeowner shall enclose the bottom portion of the manufactured home with either a skirt or enclosure within 30 days after arrival in the park.
(c) 
A landscape plan shall be prepared and carried out which will assure the Planning Board that an appropriate planting of trees and shrubs will be included in the park design, including screening where necessary.
(d) 
On-site commercial sales of manufactured homes may be permitted until such time as the park reaches 100% occupancy of all approved manufactured home lots in the park. Such commercial activity shall be removed within seven days of reaching 100% occupancy. The resale of existing manufactured homes within a park may be permitted at any time.
(e) 
Each manufactured home site shall be provided with a stand which will give a firm base and adequate support for the manufactured home. Such stand shall have a dimension approximating the width and length of the home and any additions or expansions, thereto. Well-anchored tie-downs shall be provided on at least each corner of the stand. The type and form of the stand shall be approved by the Code Enforcement Officer.
(f) 
A permit shall be required for the installation of each manufactured home prior to moving the same upon the site.
[Amended 12-14-2006 by L.L. No. 2-2006; 11-6-2025 by L.L. No. 5-2025]
A. 
Intent. The purpose in creating business districts is to provide locations where groups of small establishments may be appropriately located to serve frequent commercial and personal service needs of a majority of residents within convenient traveling distance.
B. 
Permitted principal uses. Permitted principal uses shall be as follows:
(1) 
Retail business establishments which are clearly of a community service characteristic, such as but not limited to the following:
(a) 
Stores selling groceries, meats, baked goods and other such food items.
(b) 
Drugstores.
(c) 
Stationery, tobacco and newspaper stores and confectionery stores.
(d) 
Clothing, variety and general merchandise stores.
(e) 
Hardware, appliance, radio and television sales and service.
(f) 
Restaurants.
(g) 
Building supply and farm equipment stores.
(h) 
Electrical, heating, plumbing or woodworking shops.
(2) 
Personal service establishments which are clearly of a community service character, such as but not limited to the following:
(a) 
Barber- and beauty shops.
(b) 
Shoe repair and fix-it shops.
(c) 
Dry cleaning stores and laundromats.
(d) 
Business and professional offices, including, but not limited to medical, real estate and insurance offices and banks.
(3) 
Commercial storage buildings for rent.
(4) 
Self-service storage facilities, as defined in and regulated under Chapter 636, Self-Storage Facilities, of the Code of the Town of Marilla.
(5) 
Other business uses which in the opinion of the Town Board are similar in nature and scale to those permitted above.
(6) 
Upon the approval of the Town Board, a principal building may contain a combination of residential and business uses, provided that such residential uses are accessory to the business conducted and located elsewhere than on the street frontage of the ground floor and having a minimum habitable area as required for such units under Article X.
C. 
Permitted accessory uses. Permitted accessory uses shall be as follows:
(1) 
Private garages and storage buildings which are necessary to store any vehicles, equipment or materials on the premises and which are used in conjunction with a permitted business use.
(2) 
Off-street parking, loading and unloading facilities, signs, fences and landscaping, subject to the provisions herein.
D. 
Permitted uses by special use permit:
(1) 
Essential services, excluding power plants, maintenance buildings and storage yards.
(2) 
Motor vehicle service stations and public garages.
(3) 
Amusement arcades, subject to Article XI.
(4) 
Adult uses, subject to Chapter 475, Adult Uses, of the Code of the Town of Marilla.
(5) 
Telecommunications facilities, subject to the provisions of Chapter 657 of the Code of the Town of Marilla.
(6) 
Rooming houses.
E. 
Other provisions and requirements for the Business District.
(1) 
Accessways to control ingress and egress of motor vehicle traffic shall be regulated as required in Article IX of this chapter.
(2) 
Landscaping, buffering and fencing shall be provided in accordance with the requirements of Article IX of this chapter.
(3) 
No structure shall be permitted within 50 feet of the nearest lot line of any residential district.
(4) 
Outdoor storage of equipment, vehicles or materials shall be in accordance with the requirements of this chapter and Chapter 671, Vehicles and Equipment, Storage of.
[Added 5-11-2006 by L.L. No. 1-2006; amended 4-12-2007 by L.L. No. 1-2007; 5-14-2009 by L.L. No. 3-2009; 12-13-2012 by L.L. No. 9-2012; 11-6-2025 by L.L. No. 5-2025]
A. 
Intent. The B-1 Restricted Business District is intended to create a new type of business zoning district which would allow the permitted principal uses and permitted accessory uses, subject to review and approval by the Town Board, now currently allowed in the B Business District, but not allow other uses by special permit as are permitted in the B Business District. Development requirements for large parcels are also imposed that allow for orderly development of the overall parcel including the requirement of providing multiple access on more than one road, where possible, cross-access agreements between adjacent subparcels that are developed and shared parking where practicable. Additional standards to minimize the impact on adjacent residential properties are also provided for.
B. 
Objectives. Among the objectives of the B-1 Restricted Business District is to allow certain areas of the Town of Marilla to be zoned for business but not allowing business uses that would impact negatively on existing residential properties in the area of the Town near such zoning district. Development standards are also provided that allow for more orderly development of larger parcels and provide for access into individual businesses without the need for as many curb cuts through shared access agreements and shared parking.
C. 
Permitted principal uses. Permitted principal uses shall be as follows:
(1) 
Retail business establishments which are clearly of a community service character including the following:
(a) 
Stores selling groceries, meats, baked goods and other food items.
(b) 
Drugstores.
(c) 
Stationery, tobacco and newspaper stores and confectionery stores.
(d) 
Clothing, variety and general merchandise stores.
(e) 
Hardware, appliance, radio and television sales and service.
(f) 
Restaurants.
(g) 
Building supply and farm equipment stores.
(h) 
Electrical, heating or plumbing shops.
(2) 
Personal service establishments which are clearly of a community service character including the following:
(a) 
Barber- and beauty shops.
(b) 
Shoe repair and fix-it shops.
(c) 
Dry-cleaning stores and laundromats, provided that in the case of dry-cleaning stores, such dry cleaning does not take place on the premises.
(d) 
Business and professional offices, including but not limited to medical, real estate and insurance businesses and banks.
(3) 
Other business uses which, in the opinion of the Town Board, are similar in nature and scale to those permitted above.
(4) 
Senior housing, assisted living facilities, nursing homes and other similar facilities primarily for seniors.
(5) 
Upon the approval of the Town Board, a principal building may contain a combination of residential and business uses, provided that such residential uses are accessory to the business conducted and located elsewhere than on the street frontage of the ground floor and having a minimum habitable area as required for such units under Article X.
(6) 
Business size and setback limitations:
(a) 
Maximum size of any retail business shall be 15,000 square feet.
(b) 
One-hundred-foot setback shall be required from the center line of Clinton Street and from the center line of Two Rod Road.
(c) 
Minimum lot size shall be 60,000 square feet.
(d) 
Minimum width of lot shall be 125 feet which shall be measured at the location of the building.
D. 
Permitted accessory uses. Permitted accessory uses shall be as follows:
(1) 
Private garages and storage buildings which are necessary to store any vehicles, equipment or materials on the premises and which are used in conjunction with a permitted business use.
(2) 
Off-street parking, loading and unloading facilities, signs, fences and landscaping, subject to the provisions herein.
E. 
Other provisions and requirements of the B-1 Restricted Business District.
(1) 
Access into all parcels shall be limited to that approved by the Town Board as part of the site plan, it being the intention of this provision to limit the number of curb cuts onto the highway and encourage joint development of parking facilities. All access driveways shall be specifically approved by the Town Board as part of the site plan.
(a) 
The Town Board may, as a condition of approval, require cross-access easement agreements between adjacent parcels and shared parking facilities. Such cross-access agreements and shared parking agreements shall be in form and substance satisfactory to the Town Board and shall be recorded in the Erie County Clerk's Office.
(b) 
In the case of development of parcels in excess of 10 acres having the same ownership or owned by related parties, the Town reserves the right to require access on more than one highway, if practicable. The Town Board reserves the right, as a condition of approval of any rezoning of any such parcel to B-1, to require that an additional access driveway, with a width specified by the Town Board, be maintained for future development of the site even if such access driveway is not initially necessary. If possible, such supplemental access driveway shall provide access on a different roadway than the initial access driveway, unless the Town Board, in its sole discretion, determines such access is not desirable.
(2) 
Landscaping, buffering and fencing shall be provided in accordance with Article IX of this chapter but the Town Board reserves the right to impose additional requirements if it deems necessary to minimize the impact on existing residential structures abutting a parcel rezoned B-1 Restricted Business District.
(3) 
No structure shall be permitted within 50 feet of the nearest lot line of any residential district. The Town Board reserves the right to require a greater setback if the proposed structure may significantly impact nearby residential properties.
(4) 
No outdoor storage of equipment, vehicles or materials shall be allowed. All such items shall be stored within an enclosed building. Notwithstanding this restriction, a farm equipment store shall be allowed to display a limited number of new pieces of equipment to be placed outside for the purpose of advertising. The Town Board reserves the right to impose additional limits on such outdoor storage if it, in its sole discretion, determines that such storage is negatively impacting adjacent businesses or nearby residences or is in excess of the reasonable advertising requirements of such business.
F. 
Prior to obtaining a building permit to construct in the B-1 Zoning District, each business shall submit to the Town of Marilla for review by the Planning Board and approval by the Town Board in addition to their site plan a proposed plan of operation showing that the proposed operation will be in accordance with the restrictions set forth in the B-1 Restricted Business District.
G. 
Senior housing.
(1) 
Purpose. These provisions are intended to provide for proper housing for the Town's senior citizens. The Town Board recognizes an existing and growing need for the provision of housing especially designed for senior citizens. Therefore, maximum permitted densities may be increased to accomplish these goals.
(2) 
Definitions. As used in this subsection the following terms shall have the meanings indicated:
AFFORDABLE HOUSING UNIT
Dwelling unit with a cost which makes it available to a low-income household.
LOW-INCOME HOUSEHOLD
A household, according to the U.S. Department of Housing and Urban Development (HUD), whose gross annual income is less than 50% of the median gross household income for households of the same size within the housing region in which the housing is located.
SENIOR HOUSING
The housing of persons 62 years of age and older or in a domestic relationship where one or two persons is 62 years of age or more or handicapped persons below 62 years of age in a residential complex, said persons to be able to live in the mainstream of society, without special medical and/or special supervisory care. Developments may contain detached or attached dwelling units and may either be owned or rented, or a combination of both.
(3) 
Siting, area and density requirements for senior housing:
(a) 
Senior housing buildings shall contain no more than 25 dwelling units.
(b) 
Minimum habitable floor area for the following senior housing units shall be:
[1] 
Efficiency: 500 square feet.
[2] 
One-bedroom: 660 square feet.
[3] 
Two-bedroom: 880 square feet.
(c) 
No senior housing development shall contain a total of more than 50 dwelling units. The intention of this limitation is to avoid placing an undue burden on services provided by the Town. No parcel of property shall be split for the purposes of increasing the number of dwelling units over the number permitted in this section.
(d) 
The maximum gross density for senior housing units shall not exceed five dwelling units per acre.
(4) 
Additional requirements. In addition to the requirements set forth in this section, the following requirements shall apply to all senior housing developments:
(a) 
The developer of senior citizen housing will submit a notarized affidavit indicating that any future reuse of the senior citizen housing for anything other than senior citizen housing will not be permitted without approval by the Town Board.
(b) 
To the extent practicable, the development shall incorporate the adaptable design elements of universal design to reduce problems meeting requirements for accessibility pursuant to the Americans With Disabilities Act (ADA) and Fair Housing Act (FHA). Universal design is a flexible, inclusive process aimed at enabling all occupants access regardless of size, age, or abilities, including but not limited to accessibility code compliance. The diverse needs of the development's population should be accommodated in a cost-effective yet dignified and pleasant manner assuring a convenient, safe, and secure environment for all persons residing in such development, whether active or physically challenged, youthful or elderly.
[1] 
Due consideration shall be given in planning walks, ramps and driveways to prevent slipping or stumbling, and handrails and ample places for rest shall be provided. Gradients of walks shall not exceed 5%, and single riser grade changes in walks shall not be permitted, unless it is impractical to do so because of terrain or unusual circumstances of the site. All outdoor areas available to residents shall permit such residents to move about without danger and with minimum effort.
[2] 
Residential units, to the extent practicable, shall incorporate adaptable design concepts and shall comply with all requirements of the current New York State Uniform Fire Prevention and Building Code and with all applicable requirements of the Town of Marilla.
(c) 
Senior housing developments shall conform to the lot size, gross density, allowable units, and setback and height requirements of this section.
(d) 
A maximum of two bedrooms per dwelling unit are allowable, with the following square footage requirements per dwelling unit:
[1] 
Efficiency: minimum 500 square feet.
[2] 
One-bedroom: minimum 660 square feet.
[3] 
Two-bedroom: minimum 880 square feet.
(e) 
Accessory uses supplemental to providing services and activities for tenants of the housing complex are permitted as part of an overall development.
(f) 
Affordable housing minimum requirements. A minimum of 15% of all units permitted pursuant to density guidelines in Subsection H(3) of this section shall be developed and maintained as affordable housing units. In no case shall less than one affordable unit be provided. All fractions shall be rounded up to the nearest whole number.
(g) 
Continuous affordable housing unit. All units developed as affordable housing shall be encumbered with an affordability restrictive covenant for the life of the unit. If an affordable housing unit is restricted pursuant to a grant or subsidy received from the federal government, State of New York, or any other municipal agency to provide affordable housing consistent with the intent of this subsection, the Town may accept such restrictions in lieu of the restrictions set forth in this subsection.
(h) 
In the event an affordable unit or units within a development are destroyed beyond repair, any construction to replace the damaged units must include any previously dedicated affordable housing units.
(i) 
Off-street parking shall be provided as follows: at least 1.5 spaces per dwelling unit.
(j) 
Senior housing developments under this chapter shall be subject to the provisions of the Town of Marilla Converted Condominium Taxation Assessment Exclusion Law.[1]
[1]
Editor's Note: See Ch. 399, Art. VI.
H. 
Permitted uses by special use permit:
(1) 
Rooming house.
A. 
Intent. The purpose of the Industrial Use District is to provide for the establishment of industrial uses essential to the development of a balanced economic base, to create local job opportunities in an industrial environment and to regulate such development so that it will not be detrimental or hazardous to the surrounding community and to the general health, safety and well-being of the Town of Marilla.
B. 
Permitted principal uses. Permitted principal uses shall be as follows:
(1) 
Any use of a light industrial or agri-industrial nature is permitted which involves only the processing, assembly or packaging of previously prepared or refined materials, provided that at no time will such use result in or cause:
(a) 
Dissemination of dust, smoke, smog, observable gas, fumes or odor or other atmospheric pollution, objectionable noise, glare or vibration that will be evident beyond the property line.
(b) 
Hazard of fire or explosion or other physical hazard to any adjacent building or to any plant growth on any land adjacent to the site of the use.
(2) 
The following uses are indicative of those which are intended to be permitted:
(a) 
Manufacture of machinery such as cash registers, sewing machines, typewriters, calculators and other office machines.
(b) 
Fabrication of metal products such as baby carriages, bicycles, metal foil, tin, aluminum, gold, etc., metal furniture, musical instruments, sheet metal products and toys.
(c) 
Fabrication of paper products such as bags, book bindings, boxes and packaging material, office supplies and toys.
(d) 
Fabrication of wood products such as bolts, boxes, cabinets and woodworking, furniture and toys.
(e) 
Food and associated industries such as bakeries, bottling of food and beverages, food and cereal mixing and milling, food processing, food sundry manufacturing, ice cream manufacturing and manufacturing of spirituous liquor.
(f) 
The warehousing or storage of goods and products such as building materials, farm supplies and the like, which may be sold from the premises to the general public. The bulk storage of fuel for resale is specifically excluded from the intent of the above.
(3) 
Office buildings for executive, engineering and administrative purposes.
(4) 
Scientific or research laboratories devoted to research, design and/or experimentation and processing and fabricating incidental thereto.
(5) 
The manufacturing and processing of pharmaceutical and cosmetic products.
(6) 
Contractor's offices, building supply and storage yards.
(7) 
Farm and garden implement stores.
(8) 
Truck garden nursery or farm produce sales.
(9) 
Other uses which, in the opinion of the Town Board, are similar in nature and scale to those permitted above.
(10) 
Commercial storage buildings for rent.
C. 
Permitted accessory uses. Permitted accessory uses shall be as follows:
(1) 
Private garages and storage buildings which are necessary to store any vehicles, equipment or materials on the premises.
(2) 
Off-street parking, loading and unloading facilities and signs, fences and landscaping, subject to the provisions herein.
D. 
Permitted uses by special use permit:[1]
(1) 
Essential services, excluding power plants.
(2) 
Telecommunications facilities, subject to the provisions of Chapter 657 of the Code of the Town of Marilla.[2]
[2]
Editor's Note: Added at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
E. 
Other provisions and requirements.
(1) 
Residential uses shall be prohibited in this district, except for a caretaker's residence or site.
(2) 
All industrial processes shall take place within an enclosed building. Incidental storage out of doors may be permitted, provided that such materials are shielded from view from public streets and adjacent off-street parking areas by fencing, landscaping or other appropriate measures.
(3) 
All uses permitted in this district shall set aside not less than 20% of the lot to be devoted to seeding, planting, retention of tree cover or other landscaping. This area shall be used for no other purpose.
(4) 
Each use in this district shall provide truck loading and unloading areas in an amount sufficient to permit the transfer of goods and products in other than a public street, off-street parking area or front yard.
(5) 
Industrial structures shall be located so as to be a minimum of 100 feet from any nonindustrial district. This one-hundred-foot buffer strip shall be perpetually maintained so as to provide visual screening and separation between industrial and nonindustrial uses.
(6) 
Parking areas may be located in any of the required yard areas, provided that they are not less than 50 feet from a right-of-way line or 20 feet from a property line.
(7) 
All proposals for rezoning to industrial use shall comply with the following requirements:
(a) 
The proposed rezoning shall be consistent with the goals and objectives of the Town Master Plan.
(b) 
The Town Board shall determine that the street system serving the proposed industrial use is adequate to carry the anticipated traffic flows and that the use will not create a burden or nuisance for adjoining property owners.
(c) 
The Town Board shall determine that the physical character of the site proposed for rezoning to industrial use is adequate to accommodate the proposed use.
(d) 
The proposed rezoning shall conform to the procedures set forth in § 700-5.
(e) 
The review and approval of site plans, the application of development standards and the regulations pertaining to water supply, sewage disposal and storm drainage shall conform to the appropriate requirements and procedures set forth in this chapter.
(f) 
The Town Board shall determine that not more than 10% of the site proposed for such rezoning contains prime agricultural soils as defined by the Town of Marilla.
[Added 5-14-2009 by L.L. No. 4-2009]
A. 
Purpose. These provisions are intended to provide for proper housing for the Town's senior citizens. The Town Board recognizes an existing and growing need for the provision of housing especially designed for senior citizens and the need to provide a separate zoning district so as to not have other uses interfere with the needs of seniors. In order to provide for senior housing, the Town has determined that it is in the best interest of the Town to establish maximum densities but to allow maximum permitted densities to be increased to provide for affordable housing for seniors. Although no areas are specifically indentified for development as an S-H District on the Zoning Map, sites may be rezoned to S-H, provided that the standards and regulations of § 700-38.1 are maintained.
B. 
Definitions. As used in this section the following terms shall have the meanings indicated:
AFFORDABLE HOUSING UNIT
Dwelling unit with a cost which makes it available to a low-income household.
LOW-INCOME HOUSEHOLD
A household, according to the U.S. Department of Housing and Urban Development (HUD), whose gross annual income is less than 50% of the median gross household income for households of the same size within the housing region in which the housing is located.
SENIOR HOUSING
The housing of persons 62 years of age and older or in a domestic relationship where one or two persons is 62 years of age or more or handicapped persons below 62 years of age in a residential complex, said persons to be able to live in the mainstream of society, without special medical and/or special supervisory care. Developments may contain detached or attached dwelling units and may either be owned or rented, or a combination of both.
C. 
Siting, area and density requirements for senior housing:
(1) 
Senior housing buildings shall contain no more than 25 dwelling units.
(2) 
Minimum habitable floor area for the following senior housing unit shall be:
(a) 
Efficiency: 500 square feet.
(b) 
One-bedroom: 660 square feet.
(c) 
Two-bedroom: 880 square feet.
(3) 
No senior housing development shall contain a total of more than 50 dwelling units. The intention of this limitation is to avoid placing an undue burden on services provided by the Town. No parcel of property shall be split for the purposes of increasing the number of dwelling units over the number permitted in this section.
(4) 
The maximum gross density for senior housing units shall not exceed five dwelling units per acre.
(5) 
The maximum number of stories permitted for senior housing shall be two stories.
D. 
Additional requirements. In addition to the requirements set forth in this section, the following requirements shall apply to all senior housing developments:
(1) 
The developer of senior citizen housing will submit a notarized affidavit indicating that any future reuse of the senior citizen housing for anything other than senior citizen housing will not be permitted without approval by the Town Board.
(2) 
To the extent practicable, the development shall incorporate the adaptable design elements of universal design to reduce problems meeting requirements for accessibility pursuant to the Americans With Disabilities Act (ADA) and Fair Housing Act (FHA). Universal design is a flexible, inclusive process aimed at enabling all occupants access regardless of size, age, or abilities, including but not limited to accessibility code compliance. The diverse needs of the development's population should be accommodated in a cost-effective yet dignified and pleasant manner assuring a convenient, safe, and secure environment for all persons residing in such development, whether active or physically challenged, youthful or elderly.
(a) 
Due consideration shall be given in planning walks, ramps and driveways to prevent slipping or stumbling, and handrails and ample places for rest shall be provided. Gradients of walks shall not exceed 5%, and single riser grade changes in walks shall not be permitted, unless it is impractical to do so because of terrain or unusual circumstances of the site. All outdoor areas available to residents shall permit such residents to move about without danger and with minimum effort.
(b) 
Residential units, to the extent practicable, shall incorporate adaptable design concepts and shall comply with all requirements of the current New York State Uniform Fire Prevention and Building Code and with all applicable requirements of the Town of Marilla.
(3) 
Senior housing developments shall conform to the lot size, gross density, allowable units, setback and height requirements of this section.
(4) 
A maximum of two bedrooms per dwelling unit are allowable, with the following square footage requirements per dwelling unit:
(a) 
Efficiency: minimum 500 square feet.
(b) 
One-bedroom: minimum 660 square feet.
(c) 
Two-bedroom: minimum 880 square feet.
(5) 
Accessory uses supplemental to providing services and activities for tenants of the housing complex are permitted as part of an overall development.
(6) 
Affordable housing minimum requirements. A minimum of 15% of all units permitted pursuant to density guidelines in Subsection C of this section shall be developed and maintained as affordable housing units. In no case shall less than one affordable unit be provided. All fractions shall be rounded up to the nearest whole number.
(7) 
Continuous affordable housing unit. All units developed as affordable housing shall be encumbered with an affordability restrictive covenant for the life of the unit. If an affordable housing unit is restricted pursuant to a grant or subsidy received from the federal government, State of New York, or any other municipal agency to provide affordable housing consistent with the intent of this subsection, the Town may accept such restrictions in lieu of the restrictions set forth in this subsection.
(8) 
In the event an affordable unit or units within a development are destroyed beyond repair, any construction to replace the damaged units must include any previously dedicated affordable housing units.
(9) 
Off-street parking shall be provided as follows: at least 1.5 spaces per dwelling unit.
(10) 
Senior Housing developments under this chapter shall be subject to the provisions of the Town of Marilla Converted Condominium Taxation Assessment Exclusion Law.[1]
[1]
Editor's Note: See Ch. 399, Art. VI.
A. 
Intent. The purpose of the Conservation Overlay District is to identify areas of the Town which have a high natural resource value and which require special development controls. The Conservation Overlay District is designed to protect these resources and reduce potential public health or safety problems due to special or unusual conditions of topography, drainage, soil permeability, floodplain or other natural conditions. The regulations specified herein have been enacted to prevent inappropriate development from taking place in those areas of the Town characterized by certain soil types, slopes and water levels in order to:
(1) 
Protect, preserve and provide proper maintenance and use of watercourses and wetlands.
(2) 
Prevent damage from erosion, turbidity or siltation.
(3) 
Minimize destruction to wildlife and natural habitats.
(4) 
Protect potential potable water supplies from pollution and mismanagement.
(5) 
Secure safety from floods.
(6) 
Reduce the need to expend public funds to correct problems resulting from the mismanagement of the Town's natural resource base.
B. 
Determination of district boundaries.
(1) 
The exact area of the Conservation Overlay District shall be determined by its soil, terrain and flooding characteristics. The basic information as to these matters is set forth in a series of maps and reports prepared by the Town of Marilla Planning Board, the New York State Department of Environmental Conservation, the United States Soil Conservation Service and the United States Federal Emergency Management Agency.[1]
[1]
Editor's Note: A copy of the Conservation Overlay District Map is included at the end of this chapter.
(2) 
The report and maps referenced above are available to the general public. The information from said reports and maps has been incorporated in an overlay map to the Official Zoning Map. The purpose of said maps is to generally identify areas where problems are likely to occur if development is allowed to occur without due consideration of the impact of such development on the natural resources of the area.
(3) 
The precise boundaries of the Conservation Overlay District shall be determined by the Town Board only after larger-scaled and more detailed maps are provided by applicants. In determining the boundaries, the Board may consult with the Erie County Department of Planning, the Erie and Niagara Counties Regional Planning Board or any other organization which, in the opinion of the Planning Board, has the technical knowledge to assist in said determinations. Large-scale maps requested of applicants shall include those areas where any one or more of the following conditions exist:
(a) 
Slopes with an average gradient of 15% or more or slopes subject to erosion.
(b) 
Areas subject to flooding and designated by the Federal Insurance Administration as within the one-hundred-year floodplain.
(c) 
Areas prone to inundation by waters on a recurring basis.
(d) 
Areas exhibiting high water tables with commensurate marsh-like or wetland conditions.
(e) 
Areas where development poses a threat to the public health, safety and welfare of residents.
(f) 
Areas of prime agricultural soils.
(g) 
Areas with wood lots of five acres or more.
C. 
Area restrictions.
(1) 
The minimum lot size shall be five acres.
(2) 
This restriction in size may be waived by the Town Board if the applicant can demonstrate in a written environmental impact statement that a reduction in lot size shall not result in excessive erosion, stream siltation, soil instability, alteration of the basic flow characteristics of surface waters, contamination of water supply or other adverse effects upon storm drainage, roads or other health and safety regulations of the Town. Upon acceptance of such documented written environmental impact statement, said lot sizes may be reduced to not less than the minimum lot size required for the primary zone district in which the proposed development is located.
D. 
Permitted uses. Permitted uses shall be any permitted, accessory or special use allowed in the primary zone district.
E. 
Other regulations governing development in a Conservation Overlay District. The Town Board shall consider the ability of the applicant to meet the conditions listed below, as appropriate, prior to recommending permit approval:
(1) 
Wetland areas.
(a) 
The filling of wetland areas of more than one acre in size shall not be permitted.
(b) 
Proposed water supply and sewage systems shall be approved by the appropriate regulatory agencies.
(c) 
All structures, as well as driveways and walkways, shall be placed so as to avoid disturbing the natural function and process of the wetlands.
(d) 
Plans for diking, new channelization or withdrawing of water shall be approved by the State Department of Environmental Conservation.
(2) 
Steep slope areas.
(a) 
All structures shall be designed so as to minimize the amount of cutting into the embankment, general grading and removal of vegetative cover. This shall generally mean designing a rectangular shaped structure which can be placed parallel with all contours and/or designing a cantilevered structure for maximum exposure above the ground.
(b) 
The location of driveways, walkways and accessory buildings as well as general grading shall conform to the same overall objectives stated in Subsection E(2)(a) above.
(c) 
Terracing, sodding, planting and the construction of retaining walls shall be provided as may be necessary.
(3) 
Woodlands.
(a) 
Whenever possible, the site plan shall be designed so as to minimize the number of trees (30 feet and over) which would have to be removed or would otherwise disturb the forest floor.
(b) 
Large-scale developments, including residential subdivisions, campgrounds, manufactured home parks, etc., shall be guided in their layout by a professional engineer or landscape architect.
(4) 
Major creeks.
(a) 
No structure shall be constructed within 50 feet of the bed of a stream carrying water on an average of six months of the year.
(b) 
The natural vegetation along the banks of such body of water shall not be disturbed without the approval of the State Department of Environmental Conservation.
(5) 
Areas of special flood hazard.[2]
(a) 
Administrative requirements. Prior to approving a permit for the construction, expansion, demolition or substantial alteration of any building or the change in use of any land area or building within areas of special flood hazard, the Town Board shall:
[1] 
Ensure that the applicant has provided sufficient detailed information on which to base its decision, including but not limited to plans drawn to scale depicting the dimensions and elevations of the area in question; the nature, location and elevations of all existing or proposed structures; the nature and location of all existing or proposed drainage facilities; and a description of all excavation or fill required for the proposed construction or development. It shall be the sole responsibility of the applicant for a permit to provide any and all information and data required by the Town Board for review of the application. All engineering and/or geological data shall be certified as accurate by a licensed engineer, subject to review by the Town Engineer. The Town Board may rely upon such certification by a licensed engineer.
[2] 
Review all applications for permits to determine whether the proposed plans satisfy the requirements of this article. Prior to rendering any decision to approve a permit, the Town Board shall refer the application to the Town Engineer and the Town Attorney for their recommendations and reports.
[3] 
Review all applications for permits to determine whether all necessary permits have been obtained from federal, state or local governmental agencies from which prior approval is required.
[4] 
Review all permits to determine if such proposed development is located within the floodway. If the proposed development is to be located in the floodway, a certification shall be obtained in accordance with Subsection E(5)(b)[8] herein.
[5] 
When base flood elevation data is not provided, the Town Board shall obtain, review and reasonably utilize any base flood elevation data available from a federal or state source in order to administer this section.
[6] 
Verify and record the actual elevation (in relation to mean sea level) of the lowest habitable floor of all new or substantially improved structures, and the Town Board shall verity and record the actual elevation (in relation to mean sea level) to which any new or substantially improved nonresidential structure has been floodproofed.
[7] 
Notify adjacent communities and the Department of Environmental Conservation prior to any alteration or relocation of a watercourse; submission of evidence of such notification to the Federal Insurance Administration; and requirement that maintenance is provided within the altered or relocated portion of any such watercourse so that the flood-carrying capacity is not diminished.
[8] 
Whenever necessary, make interpretations as to the exact location of the boundaries of the areas of special flood hazard.
(b) 
Provisions for flood hazard reduction. Provisions for flood hazard reduction shall be as follows:
[1] 
Anchoring.
[a] 
All new construction and substantial improvement shall be anchored to prevent flotation, collapse or lateral movement of the structure.
[b] 
Anchoring shall meet the requirements specified in the New York State Uniform Fire Prevention and Building Code.[3]
[3]
Editor's Note: See also Ch. 209, Construction Codes, Uniform.
[2] 
Construction materials and methods.
[a] 
All new construction or substantial improvements shall be constructed with materials and utility equipment resistant to flood damage.
[b] 
All new construction or buildings proposed for structural alteration shall be constructed by methods and practices that minimize flood damage.
[3] 
Utilities.
[a] 
All new and replacement water supply systems shall be designed to minimize or eliminate infiltration of floodwaters into the system.
[b] 
All new and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of floodwaters into the systems and discharge from the systems into floodwaters.
[c] 
On-site waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding.
[4] 
Subdivision proposals.
[a] 
All subdivision proposals shall be consistent with the need to minimize flood damage.
[b] 
All subdivision proposals shall have public utilities and facilities, such as sewer, gas, electrical and water systems, located and constructed to minimize flood damage.
[c] 
All subdivision proposals shall have adequate drainage provided to reduce exposure to flood damage.
[d] 
Base flood elevation data shall be provided as a part of subdivision proposals and other proposed developments which are larger than either 50 lots or five acres.
[5] 
Residential construction. New construction or substantial improvement of any residential building shall have the lowest habitable floor elevated to at least one foot above base flood elevation.
[6] 
Nonresidential construction. New construction or substantial improvement of any commercial, industrial or other nonresidential building shall either have the lowest floor habitable and elevated to the level of the base flood elevation; or, together with attendant utility and sanitary facilities, shall be floodproofed so that below the base flood level the structure is watertight with walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads and effects of buoyancy. A licensed engineer shall certify that the standards of this subsection are satisfied.
[7] 
Manufactured homes.
[a] 
Manufactured homes shall be anchored in accordance with this chapter.
[b] 
For new manufactured home parks; for expansions to existing manufactured home parks where the repair, reconstruction or improvements of the streets, utilities and pads equals or exceeds 50% of value of the streets, utilities and pads before the repair, reconstruction or improvement has commenced; and for manufactured homes not placed in a manufactured home park, the following requirements shall be met:
[c] 
Stands or lots shall be elevated on compacted fill or pilings so that the lowest floor of the manufactured home will be at or above the base flood level.
[d] 
Adequate surface drainage and access for a hauler shall be provided.
[e] 
In the instance of elevation on pilings, lots shall be large enough to permit steps; piling foundations shall be placed in stable soil no more than 10 feet apart; and reinforcement shall be provided for pilings more than six feet above the ground level.
[f] 
No manufactured home shall be placed in a floodway, except in an existing manufactured home park.
[8] 
Located within areas of special flood hazard are areas designated as floodways. The following requirements apply to all areas designated as floodways:
[a] 
No encroachments, fill, new construction, substantial improvements or other development shall be permitted in a floodway unless certification by a licensed engineer is provided demonstrating that encroachments, fill, construction, improvements or development shall not result in any increase in flood levels during the occurrence of the base flood discharge.
[b] 
If Subsection E(5)(b)[8][1] is satisfied by certification by a licensed engineer, all new construction and substantial improvements shall comply with all applicable flood hazard reduction provisions of this chapter.
[2]
Editor's Note: See also Ch. 559, Flood Damage Prevention.
A. 
Intent. This section of this chapter has been prepared to provide the opportunity to increase the types of housing available within the Town by allowing multiple-family developments comprised of either garden apartments and/or townhouses. These forms of housing can effectively serve the needs of single individuals, couples, the elderly and small households. Although no areas are specifically identified for development as an M-D Residential District on the Zoning Map, sites may be rezoned to M-D, provided that the following standards and regulations are maintained:
(1) 
The proposed rezoning shall be consistent with the goals and objectives of the Town Master Plan. The Town Board shall determine that the physical character of the site proposed for rezoning to M-D residential use is adequate to accommodate the proposed use.
(2) 
The Town Board shall determine that the street system serving the site is adequate to carry the anticipated traffic flows, and that the proposal will not create a burden or nuisance for adjoining property owners.
(3) 
The proposed rezoning shall conform to the procedures set forth in § 700-5A through F.
(4) 
The Town Board shall determine that not more than 10% of the site proposed for such rezoning contains prime agricultural soils as defined by the Town of Marilla.
(5) 
A site plan shall be submitted in conformance with the provisions of Article VI. No site preparation or construction shall commence until final site plan approval has been granted by the Town Board and permits have been used by all governmental agencies involved.
B. 
The minimum land area required for rezoning to M-D Medium Density Residential District use shall be five acres.
C. 
The maximum gross density shall not exceed eight units per acre.
D. 
Apartment buildings shall contain no more than 12 dwelling units.
E. 
Townhouse buildings shall contain no more than six dwelling units.
F. 
Minimum habitable floor area requirements. Minimum habitable floor area requirements shall be as follows:
(1) 
Townhouse unit, two bedrooms or fewer: 850 square feet.
(2) 
Townhouse unit, three bedrooms or more: 1,000 square feet.
(3) 
Apartment unit, efficiency: 550 square feet.
(4) 
Apartment unit, one-bedroom: 675 square feet.
(5) 
Apartment unit, two-bedroom: 800 square feet.
(6) 
Apartment unit, three-bedroom: 950 square feet.
G. 
Unit distribution.
(1) 
No more than 30% of the total units within a multiple-family dwelling development shall be efficiency units.
(2) 
No more than 20% of the total units within a multiple-family dwelling development shall be three or more bedroom units.
H. 
Setback and height requirements. Area, yard and height requirements for each multiple-family dwelling shall be as follows:
(1) 
Minimum setback: front and rear, 75 feet; side, 50 feet.
(2) 
Minimum distance between buildings: 80 feet.
(3) 
Direct line of sight visibility from one building to another shall not be less than 125 feet.
(4) 
Every building shall have a minimum setback of 25 feet from all interior roads, driveways and parking areas.
(5) 
A strip of land at least six feet in width surrounding each building shall be kept completely open, except for foundation plantings of less than six feet in height.
(6) 
Courtyards bounded on three sides by the wings of a single building or by the walls of separate buildings shall have a minimum court width of two feet for each one foot in height of the tallest adjacent building.
(7) 
Maximum height: 35 feet.
I. 
No exterior wall shall exceed 100 feet in length unless there is a lateral offset of at least eight feet in its alignment not less frequently than along each 100 feet of length of such exterior wall.
J. 
All stairways to the second floor or higher shall be located inside the building.
K. 
Access to public road.
(1) 
All multiple-family dwelling developments shall have access to a public road. This access may be provided by a private driveway or a road dedicated to the Town by the developer.
(2) 
If there are more than 50 dwelling units in a multiple-family development or if in the opinion of the Town Board the location or topography of the site indicates the need for additional access, the Town Board may require such additional access as a condition of site plan approval.
L. 
Requirements for off-street parking as provided in Article IX of the chapter shall be met, except that the location of open parking lots may be modified to conform to the approved site plan.
M. 
The aggregate lot coverage of multiple-family dwelling developments shall not exceed 30% of the total lot area.
N. 
Services.
(1) 
Each dwelling unit shall contain complete kitchen facilities, toilet, bathing and sleeping facilities.
(2) 
There shall be a minimum common storage area in each building for bicycles, perambulator and similar type of equipment of 40 square feet in area, a minimum of five feet in height and not less than four feet in width per dwelling unit.
(3) 
Sufficient laundry, drying, garbage pickup and other utility areas shall be provided and shall be located with a view both to convenience and to minimizing the detrimental effect on the aesthetic character of the building(s) and shall be enclosed and shielded from view by fencing, walls or shrubbery of at least six feet in height around the perimeter. Fencing and walls shall be not more than 50% open on the vertical surface.
O. 
Recreation; open space; maintenance.
(1) 
Multiple-family dwelling complexes shall be designed to create usable private open space. A minimum of 10% of the total tract area, exclusive of the required setback areas, buffer strip and parking areas, shall be designated for common recreational purposes.
(2) 
No recreational area shall be less than 10,000 square feet in area nor less than 100 feet in width. Areas designated for recreation purposes shall be approved by the Town Board.
(3) 
Multiple-family dwelling complexes shall be attractively shrubbed and properly maintained. Open space adjacent to, around or between driveways, parking areas, structures or other required improvements shall be graded and seeded to provide a thick stand of grass or other plant material.
P. 
Utilities.
(1) 
All public utility, electric, gas, cable television and telephone lines shall be installed underground.
(2) 
An adequate supply of water shall be provided for multiple-family dwellings. Where public water is available, connection thereto shall be used exclusively. If a public water supply is not available, the development of a private water supply system shall be approved by the Erie County Department of Health.
(3) 
An adequate and approved system shall be provided in all multiple-family dwelling projects for the conveyance and disposal of sewage. Such system must be designed, constructed and maintained in accordance with the New York State Public Health Law and the Erie County Department of Health. Approval by the Department of Health shall be required before any permit or license may be issued.
[Added 8-14-2025 by L.L. No. 3-2025; amended 11-6-2025 by L.L. No. 6-2025]
A. 
Purpose. The purpose of the C-1 Commercial District is to provide a zoning option for the Town as needed to accommodate business offices and businesses which include activities that may consist of higher intensity uses or draw clientele 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 the transportation facilities can be provided, on parcels that are otherwise zoned B Business District, to encompass more robust than Business but not to the extent to be considered light industrial.
B. 
Permitted uses. Includes but not limited to the following:
(1) 
Commercial amusement and recreation establishments such as sports facilities, indoor and outdoor theaters, bingo or dance halls and nightclubs.
(2) 
Automotive fuel filling station, automobile and truck repair, auto body repair, and agriculture equipment repair.
(3) 
Warehouse and storage-type services.
(4) 
Lumber and building material and equipment sales and service.
(5) 
A club, organization, or recreation area or building, including camps and campsites serving the public.
(6) 
New or used vehicle and equipment sales and rentals, including, but not limited to, farm equipment, snowmobiles, ATV's, trailers, motorbikes and the like.
(7) 
Medical clinics not involving any overnight occupancy.
(8) 
Motor vehicle washing facilities.
(9) 
Office buildings for multi-tenant business and professional offices, including incidental facilities for the exclusive use of company employees.
(10) 
Pet shop, including those with outside pens or runs.
(11) 
Veterinary office, clinic, or small animal hospital.
(12) 
Brewery, distillery, including on-site consumption.
(13) 
Bar, tavern.
(14) 
Customary accessory uses, including but not limited to parking areas.
(15) 
Other uses not specifically listed as permitted uses, but similar in nature and compatible with Business District(s) uses.
(16) 
Rooming houses.
C. 
Permitted accessory uses:
(1) 
Private garages and storage buildings which are necessary to store any vehicles, equipment or materials on the premises and which are used in conjunction with a permitted business use.
(2) 
Off-street parking, loading and unloading facilities, signs, fences and landscaping, subject to the provisions herein.
D. 
Development and design provisions:
(1) 
The design standards for properties in the Commercial Zoning District (C-1) shall meet or exceed the standards set in the Town Code of the Town of Marilla for the Business District (B) and Restricted Business District (B1).
(2) 
No building permit shall be issued for a building or structure within a Commercial Zone unless the proposed building is in accordance with a site plan approved pursuant to this Chapter.
(3) 
Maximum impervious coverage area shall not exceed 50% of the total useable lot area. For this purpose, "useable lot area" includes land not otherwise developable due to physical constraints.
(4) 
Buffer and screening.
(a) 
No structure shall be placed closer than 200 feet to any residence zone structure and 150 feet to any other zone. A strip at least 10 feet wide within such buffer area shall be suitably planted to screen a Commercial Zone from present or future residences, or a suitable screening fence shall be erected.
(b) 
No waste or refuse shall be placed outside any building in a Commercial Zone except that an area common to all businesses, or a separate area for each business may be reserved at the rear of the structure or structures. These areas shall contain bins, or other receptacles adequate to prevent the scattering of waste and refuse, shall be fenced so as to be screened from the public view.
(c) 
In addition to the landscaping, screening, fencing and buffer requirements set forth above, additional landscaping, fencing, screening, or earth berm may be required to be provided by the Planning Board in the site plan review process in any area where the proposed structure or use would, In the reasonable opinion of the Board, create a hazardous condition or would detract from the value of neighboring property if such landscaping, fencing, screening, or earth berm were not provided.
(5) 
In the event that any of the uses permitted in any of the Commercial Zones involve small-scale assembly, repair, processing, fabrication, or cooking, such activity shall create no objectionable noise, smoke, odor, vibration or disorder beyond the lot lines of said businesses. Applicant shall be responsible for providing compliance with such activities in accordance with industry standards. Odor impacts and/or odor control mitigation systems to be reviewed at the consideration of the board and Town Engineer.
(6) 
In accordance with the general provisions and lighting standards, access drives shall be paved with blacktop, concrete, or other solid material, and, if business is to be carried on in the evening, shall be adequately lighted. All outdoor lighting must comply with the requirements of this Chapter or at a minimum, consist of full-cutoff luminaries.
(7) 
There shall be no outside storage of material (raw, processed or partially processed, in bulk or packages) except during actual construction on the site. There shall be no outside stockpiles or storage racks.
E. 
Proposed projects must comply with all state and environmental regulations.
(1) 
Projects could be subject to annual local, state, or federal inspections.
F. 
Prohibited uses/activities:
(1) 
Any use that would consist of flammable or hazardous substances, including but not limited to fireworks without proper local, state, and federal permitting.
(2) 
Smoke shops.
(3) 
Adult entertainment.
(4) 
Any activities that put extensive impact on the existing electrical grid in Marilla, including but not limited to crypto-mining and data centers.
(5) 
Waste reclamation and/or processing facilities (excluding aluminum, glass, and plastic indoor collection facilities).
(6) 
Junkyards, defined as:
(a) 
An area of land, with or without buildings, used for or occupied by the storage, keeping or abandonment of junk, including scrap metals or other metals or used or salvaged building materials or for the dismantling, demolition or abandonment of automobiles or other vehicles or machinery or parts thereof.
(7) 
Other uses which, in the opinion of the Town board and upon recommendation of the Planning Board, are similar in nature to those prohibited uses.