[Amended 7-20-1998 by L.L. No. 3-1998; 10-2-1996 by L.L. No.
10-1996; 7-7-1999 by L.L. No. 4-1999; 7-5-2000 by L.L. No. 7-2000]
A.
Intent. The intent of the Neighborhood Business District
is to provide areas within the Town that meet the needs of residential
neighborhoods without adversely affecting their character. The regulations
of this district allow for the establishment of minor commercial uses
and structures that are in harmony with the surrounding neighborhood.
Preserving the character of the area, by focusing on aesthetics, public
safety and welfare, and pedestrian access, is a high priority and
is encouraged to provide an environment that compliments the surrounding
land uses.
B.
Permitted uses. The following uses are permitted in
the Neighborhood Business (NB) District:
(1)
Principal structures and uses.
(a)
Retail trade only.
[1]
Food store under 6,000 square feet.
[2]
Bakery and confectionery shops, including the
manufacture of baked and confectionery goods primarily for on-site
retail sale.
[3]
Apparel and accessories store.
[4]
Home furnishing store.
[5]
Restaurant, sit-down and/or takeout.
[6]
Drugstore.
[7]
Liquor store.
[8]
Antiques and secondhand merchandise store.
[9]
Book and stationery store.
[10]
Sporting goods and bicycle store.
[11]
Neighborhood tavern, not exceeding 3,500 square
feet.
[12]
Jewelry store.
[13]
Churches, synagogues and other places of worship.
[14]
Bait shop.
[15]
Laundromat, dry-cleaning and dyeing outlets
and pickup station.
[16]
Photographic store.
[17]
Florist.
[18]
Cigars and cigarettes shop.
[19]
Newspaper and magazine shop.
[20]
Gifts, novelties, sundries and souvenirs shop.
[21]
Optical goods and sales.
[22]
Hardware store, not exceeding 3,500 square feet.
[23]
Farmers market.
(b)
Other uses.
[1]
Beauty and barber shop.
[2]
Apparel repair and alterations and shoe repair
shop.
[3]
Finance, insurance, real estate services and
travel agencies.
[4]
Medical and other health services.
[5]
Legal, engineering, architecture, educational
and scientific research, accounting, auditing and bookkeeping and
community planning services.
[6]
Day-care center, nursery school and other private
preschool facilities (special use permit required).
[7]
Art, dance, photography or music studios.
[8]
Printing and photocopying store.
(2)
Accessory structures and uses.
(a)
Uses and structures customarily incidental to
the above.
(b)
Dwelling units not exceeding 50% of the gross
floor area of the structure.
(d)
Off-street parking, loading and stacking spaces or structures, as permitted and regulated in compliance with § 200-27 of this chapter.
(f)
Gasoline pumps incidental to a permitted retail
food store or bakery shop.
C.
Design regulations.
(1)
Minimum lot size: 1/2 acre.
[Amended 5-26-2010 by L.L. No. 1-2010; 8-17-2016 by L.L. No. 5-2016]
(2)
Minimum lot width: 50 feet.
(3)
Minimum yards for structures and parking, loading
and stacking areas:
|
Yard
|
Structures
(feet)
|
Parking, Loading and Stacking Areas
(feet)
| |
|---|---|---|---|
|
Front, from right-of-way of a dedicated street
|
40
|
30*
| |
|
Side, abutting a nonresidential district
|
None; or, if separated, a minimum of 10
|
10*
| |
|
Rear, abutting a nonresidential district
|
15
|
10*
| |
|
Side and rear, abutting a residential district
|
25
|
25*
|
|
*NOTE: Entire area must be landscaped in compliance with § 200-28 of chapter.
|
(4)
Maximum building height: 30 feet.
(5)
Maximum lot coverage: as use, yard and off-street parking, loading and stacking and landscaping requirements permit in compliance with § 200-27 and § 200-28 of this chapter.[1]
[1]
Editor's Note: Firmer Subsection C(6), Enclosure, which immediately
followed this subsection, was repealed 8-17-2016 by L.L. No. 5-2016.
[Added 9-20-2017 by L.L.
No. 7-2017[1]]
A.
Introduction.
(1)
Purpose.
(a)
The Town of Evans 2017 Local Waterfront Revitalization Program
(LWRP) update recognizes the community's desire to reinforce the waterfront
character of the Town and to provide a vibrant economic environment.
These updates include improved interaction with the waterfront (both
visually and physically), building and site aesthetic improvements,
and creating ways to culture a lakeside village setting. The Waterfront
Mixed Use District (WMU) is established to support the goals of the
LWRP through an integrated design approach with the following purpose:
[1]
Regulate development to emphasize physical form
and character of place in order to enhance and encourage greater access
to the waterfront and relate to its waterfront setting.
[2]
Foster the opportunity to enhance the diversity
of uses of which are suitable for a lakeside town.
[3]
Development should assist in enhancing a waterfront
character through compatible architectural styles, elements, details
and materials. This includes site elements that are integral to complete
systems.
[4]
Encourage the appropriate design, scale and mix
of development to promote the creation of a continuous, pedestrian-friendly
mixed-use center.
[5]
Preserve, enhance and build upon assets of the
local and regional history.
(b)
The WMU District shall encompass the land shown on the Official
Town of Evans Zoning Map, which generally includes land fronting Lakeshore
Road: south of Lake Street to north of Iroquois Street and Evans Town
Park, south of Dawn Avenue to north of Garfield Avenue, and 6892 Lakeshore
Road. The district has potential to be expanded if the necessity arises
to accommodate changing needs of the community.
(c)
Historically, these neighborhoods were developed as a seasonal
resort community offering weekend and summer vacation homes for residents
in the City of Buffalo and the surrounding Western New York region.
The neighborhoods have commercial centers located along Lake Shore
Road that feature a small group of restaurant and entertainment establishments
along with local service and retail. Design guidelines and zoning
are designed to ensure that the form of new or expanded commercial/multifamily
development strengthens the desired waterfront character and provides
visual and physical access to the waterfront.
(2)
District established. The Town of Evans Waterfront Mixed Use
(WMU) Zoning District is hereby established as depicted on the Official
Town of Evans Zoning Map.[2] The regulations described herein establish the desired
development pattern, form, massing, density, site layout and architectural
detailing for the WMU District. Given the varied context of the surrounding
neighborhoods, there is a need for clear standards that meet the goals
and objectives of the community while allowing for flexibility and
creativity. These regulations provide the necessary framework for
high-quality development and flexible design alternatives.
[2]
Editor's Note: The Zoning Map is on file in the Town offices.
(3)
Conflicts and compliance with other regulations. All development
must continue to maintain compliance with all applicable codes and
regulations, including, but not limited to, the Building Code of New
York State,[3] which shall supersede where conflicts exist with the WMU
District. These regulations shall supersede where conflicts exist
with the remaining chapters of the Code of the Town of Evans.
[3]
Editor's Note: See NY Exec § 370 et seq.
(4)
Applicability, review, approval and permit process. The WMU
District regulations shall apply, in whole or in relevant part, to
all applications commenced from the date of adoption by the Evans
Town Board.
(a)
These regulations shall apply to all proposed actions within
the WMU District which include one or more of the following activities:
[1]
Any new development or new building;
[2]
The addition of any stand-alone building to an
already developed site;
[3]
Alteration or addition to any existing building
that increases the gross floor area by at least 10% or more than 1,000
square feet, whichever is less;
[4]
Alteration to an existing building where 50% or
more of the original structure is demolished and rebuilt;
[5]
Installation of new curb cuts on any public street;
[11]
Installation of above-grade utilities [only § 200-20.1C(4) and E shall be applicable).
(b)
Existing single-family and two-family structures within the
WMU District are not required to adhere to these design standards.
(5)
Design objectives. The design objectives presented below are included to assist with the interpretation and administration of the regulations described in § 200-20.1.
(a)
Maximize transparency between the sidewalk and building interior
for commercial uses.
(b)
Design attractive and engaging buildings that address the public
realm on all visible sides.
(c)
Provide a commercial use within every site.
(d)
Residential is precluded from the ground floor and may be included
on upper floors.
(e)
Provide landscape and hardscape areas that are designed as integral
features of the land use and that promote a waterfront character.
(f)
Improve pedestrian experience and safety through the provision
of public amenities such as ample sidewalks, buffer landscaping, seating,
public art and crossing aids.
(g)
Promote multistory buildings to improve the corridor's urban
form and street presence.
(h)
Orient buildings on the east side of Lakeshore Road fronting
the street. Orient buildings on waterfront parcels on the west side
of Lakeshore Road fronting the lake.
(i)
Locate parking behind (opposite the front), beneath or within
structures.
(j)
Encourage shared parking facilities and cross access between
privately owned parking facilities.
(k)
Provide pedestrian-scaled lighting proportional to the site
and building served.
(l)
Design the scale and style of architecture to complement the
desired waterfront character of the Town.
(m)
Promote a "build-to" line that strengthens opportunities for
the pedestrian realm and outdoor seating.
(n)
Favor pedestrian safety and experience while balancing the needs
of the automobile.
(o)
Promote outdoor spaces and lake views.
(p)
Parking structures will not qualify as commercial use.
(6)
List of permitted uses. The following are permitted uses for
the Waterfront Mixed Use (WMU) Overlay District and shall apply above
and beyond the uses permitted in the underlying zoning district.
(a)
Principal structures and uses:
[1]
Food store under 6,000 square feet.
[2]
Bakery and confectionery shops, including the manufacture
of baked and confectionery goods primarily for on-site retail sale.
[3]
Apparel and accessories store.
[4]
Home furnishings store.
[5]
Restaurant, sit-down and/or takeout.
[6]
Drugstore.
[7]
Liquor store.
[8]
Antiques and secondhand merchandise store.
[9]
Book and stationery store.
[10]
Sporting goods and bicycle store.
[11]
Neighborhood tavern, not exceeding 3,500 square
feet.
[12]
Jewelry store.
[13]
Churches, synagogues and other places of worship.
[14]
Bait shop.
[15]
Photographic store.
[16]
Florist.
[17]
Cigars and cigarettes shop.
[18]
Newspaper and magazine shop.
[19]
Gifts, novelties, sundries and souvenirs shop.
[20]
Optical goods and sales.
[21]
Hardware store, not exceeding 3,500 square feet.
[22]
Farmers market.
[23]
Beauty and barber shop.
[24]
Apparel repair and alterations and shoe repair
shop.
[25]
Finance, insurance, real estate services and travel
agencies.
[26]
Medical and other health services.
[27]
Legal, engineering, architecture, educational
and scientific research, accounting, auditing and bookkeeping and
community planning services.
[28]
Day-care center, nursery school and other private
preschool facilities (special use permit required).
[29]
Art, dance, photography or music studios.
[30]
Printing and photocopying store.
[31]
Bed-and-breakfast establishments, hotels, motels,
inns, and tourist homes.
[32]
Museums and libraries.
[33]
Parks and other public buildings or spaces.
[34]
Building, mixed-use with dwelling units located
on upper floors only.
[35]
Dwelling, multifamily. Note: Residential use is
not allowed on the ground floor.
[36]
Townhouse or townhome. Note: Residential use is
not allowed on the ground floor.
(b)
(c)
Prohibited uses. The following uses are specifically prohibited
in the WMU Overlay District:
[1]
Drive-through establishments or establishments
consisting of a drive-through.
[2]
Motor or recreational vehicle or heavy equipment
sales, rental, service, washing, or storage establishments.
[3]
Gasoline stations or gasoline pumps.
[4]
Warehousing or storage facilities.
[5]
Wholesale establishments that are not open to or
do not offer sales to the general public.
[6]
Laundromat, dry-cleaning and dying outlets and
pickup station.
[7]
Private parking lot (as exclusive or primary use).
(7)
Building and area requirements.
|
Table 1
| ||
|---|---|---|
|
Summary of Building and Area Requirements
| ||
|
Building or Area Requirement
|
Regulation
|
Reference Standard in § 200-20.1
|
|
Front yard building setback
|
15-30 feet from street right-of-way for nonwaterfront lots
140-170 feet from waterside lot line for waterfront lots
|
B(2)(a)-(d)
|
|
Side yard building setback
|
None required for contiguous buildings, otherwise 8 feet minimum
or 25 feet minimum where commercial use abuts a residential district
or 10 feet minimum where residential use abuts a residential district
|
B(2)(f)
|
|
Rear yard building setback
|
15 feet minimum or 25 feet where lot abuts a residential district
|
B(2)(g)
|
|
Parking/driveway setback
|
10 feet minimum side yards and rear yards or 15 feet minimum
side and rear yards where commercial use abuts a residential district
|
B(8)(f), D(2)a
|
|
Off-street parking requirement
|
The Planning Board may approve the reduction in the number of off-street parking spaces required in § 200-27 for a site by up to 25% in order to encourage shared parking, minimize the amount of impervious area on a site, promote mixed-use developments, and encourage the walkability of the area
|
§ 200-27
|
|
Building height
|
Minimum 2 usable stories; 14 feet minimum height of ground floor
for commercial buildings; 40 feet maximum building height to the eave,
except 50 feet to the eave is permissible if the portion of the building
at this height is set back a minimum of 150 feet from a residential
district
|
F(2)(f), (g), (i)
|
|
Building coverage
|
Maximum 15,000 gross square feet per story
|
F(2)(c)
|
|
Building transparency
|
40% minimum between 3 feet and 10 feet above grade for first
floors
|
F(3)(c)
|
|
Building use
|
Residential use is precluded from the ground floor
|
F(2)(h)
|
B.
Site planning and design.
(1)
Overview. Site planning standards primarily address the organization
of a project's components, such as building orientation, setbacks,
circulation and the relationship of site elements. The location of
buildings and site features and the organization of circulation patterns
for vehicles and pedestrians are critical to the design and provision
of a pedestrian-friendly atmosphere that is visually appealing, safe
and convenient for all users. High-quality site design along the street
places structures and pedestrian spaces close to the street line and
parking areas to the rear, with a focus on creating a sense of place
and an environment that fosters strong interaction between pedestrians,
buildings and the street. High-quality site design along the waterfront
preserves sightlines to the water, orients the structures and outdoor
spaces towards the water, provides public access to the waterfront
and fosters strong interaction between pedestrians, buildings and
the waterfront.
(2)
Building orientation and setback. Buildings should preserve
the streetwall and define boundaries of public, semipublic, and private
space.
(a)
For a nonwaterfront lot, the side facing the street shall be
considered the "front." Buildings located on a nonwaterfront lot shall
be oriented such that the facade facing the primary street is substantially
parallel to said street.
(b)
Buildings on a nonwaterfront lot shall have a front setback
within a range of 15 to 30 feet from the street right-of-way line
or the average setback of existing principal structures on adjacent
parcels within 200 feet, whichever is lesser (Figure 2).
 |
(c)
For a waterfront lot, the side facing the water shall be considered
the front. Buildings located on a waterfront lot shall be oriented
to optimize view of the water from the buildings, to preserve sightlines
from the street through the site to the water and to create outdoor
pedestrian spaces along the waterfront.
(d)
Buildings on a waterfront lot shall have a minimum front setback
in the range of 140 to 170 feet from the waterside lot line or the
average setback of existing principal structures on adjacent parcels
within 200 feet, whichever is lesser (Figure 3).
 |
(e)
Buildings fronting on two or more streets shall be determined
to have an equal number of primary facades unless said street is classified
as an alleyway.
(f)
Buildings shall have a minimum side yard setback of eight feet
minimum or 25 feet minimum where commercial use abuts a residential
district or 10 feet minimum where residential use abuts a residential
district. If building is contiguous to a building on an adjoining
parcel, no side yard setback is required on that side.
(g)
Buildings shall have a minimum rear yard setback of 15 feet
or minimum 25 feet where the lot abuts a residential district.
(h)
Buildings on corner lots shall be set back from each street
as specified above or the minimum distance practical to afford adequate
sight distances for motorists and pedestrians as determined by NYS
DOT highway standards, whichever is greater.
(i)
Accessory structures shall not be greater than 18 feet in height
and shall be set back from any property line abutting a residential
district boundary a distance at least equal to the height of the structure.
(3)
Lots with multiple buildings. Large development projects comprised
of multiple structures shall create a unique sense of place.
(a)
Lots with multiple buildings shall include pedestrian connections
between adjacent uses, structures and parking areas (Figures 4 and
5).
 Pedestrian connections between buildings link retail
establishments with parking and public gathering spaces to create
a vibrant pedestrian experience.
|
 Figure 5 depicts a multiple-building development with
shared parking in the rear. This concept provides a common pedestrian
network and plaza space that connects each building entry with the
shared parking lot and the front sidewalk along the street.
|
(b)
Multiple buildings shall create a well organized, accessible
and functional site. The site layouts should create a unique sense
of place without large parking lots devoid of landscaping or pedestrian
accommodations.
(4)
Building entry. Buildings shall be accessible from a primary
street.
(a)
A primary entrance shall face the primary street (Figure 7).
A side or rear entry shall also be permitted depending on the site
layout.
 Figure 7 depicts a primary entrance along the primary
street that is well-defined and provides a clear visual cue to pedestrians
on where to enter the structure.
|
(b)
The placement of building entrances shall be of a similar rhythm
and spacing to existing structures on the same street (see Figure
8).
 The even spacing (x) of entrances along the primary
street is important to the development of streetscape rhythm and provides
a sense of scale and comfort to pedestrians as they traverse the corridor.
Uneven spacing (y) creates a sense of discord.
|
(c)
Buildings fronting on two streets shall have a primary entry
on either the primary street or at the corner facing the intersecting
streets.
(d)
Primary entries shall receive design considerations, details, and treatments consistent with primary facades and shall meet the standards set forth in § 200-20.1G(5).
(e)
Primary entrances shall be prominently designed and constructed to provide visual cues to pedestrians independent of site or building signage [see Figure 7 and § 200-20.1G(5)].
(5)
Sidewalks. Sidewalks shall provide safe pedestrian movement
along buildings and within parking areas.
(a)
Sidewalks shall have a minimum width of five feet. Wider sidewalks
may be required at the discretion of the Planning Board.
(b)
Where a public sidewalk along Lake Shore Road does not exist,
one shall be provided along the entire Lake Shore Road frontage of
a lot, to be located within the Lake Shore Road right-of-way.
(c)
Public access, 10 feet in width, shall be provided to the waterfront.
(d)
Sidewalks shall be constructed to provide access from all principal
building entrances to the sidewalk system and parking areas (Figures
9 and 10).
(e)
As necessary, sidewalks shall traverse parking lot medians,
end islands and between buildings to permit safe and efficient pedestrian
travel (Figures 9 and 10).
 |
(f)
Sidewalks abutting a public street shall be constructed of poured
concrete or concrete pavers within a concrete border. However, sidewalk
material shall be consistent along the entire length between cross
streets. Other sidewalks may be constructed of poured concrete, brick,
or concrete pavers. Asphalt sidewalks are not permitted.
(g)
An application subject to review under these design standards
and approved hereunder need not obtain a separate sidewalk construction
permit.
(6)
Pedestrian and vehicular circulation. Pedestrians and motorists
shall be afforded safe, convenient and efficient circulation.
(a)
Pedestrian and vehicular circulation patterns shall be designed
to minimize potential conflicts between vehicles and pedestrians and
to provide enhanced separation.
(b)
Safe, convenient and efficient pedestrian circulation patterns shall be provided between structures in a multiple-structure development [see § 200-20.1B(3) and Figure 11].
 Pedestrian zones and vehicular circulation patterns
should be distinctly separated for safety.
|
(c)
Parking and vehicle circulation patterns shall be designed to
reduce speeds and increase pedestrian safety, efficiency and convenience.
(7)
Seasonal outdoor seating. Seasonal outdoor seating shall be
designed to promote and protect public health, safety and welfare.
(a)
The seasonal outdoor seating area must be either:
[1]
Separated from any public or private area used
for the parking or movement of automobiles by a buffer of at least
10 feet in width or an appropriate DOT approved anti-ram vehicle barrier;
or
[2]
Located on an elevated platform, constructed of
concrete, wood or other sturdy material, at least six inches in height
and equipped with an appropriate barrier (see Figure 12).
 Outdoor seating should be separated/
buffered from vehicular traffic.
|
(b)
Seasonal outdoor seating shall be contained wholly within the
property lines of the establishment.
(c)
Tables, chairs, umbrellas, awnings, barriers and any other structures or objects associated with seasonal outdoor seating (outdoor seating elements) shall be of quality design, materials, workmanship and construction, both to ensure the safety and convenience of users and to enhance the visual and aesthetic quality of the urban environment (see Figure 13). In reviewing outdoor seating elements, the Planning and Architectural Review Board shall consider their character and appropriateness of design, including, but not limited to, scale, texture, materials, color and the relation of the outdoor seating elements to the adjacent establishments, to features of structures in the immediate surroundings, as well as to the streetscape and adjacent neighborhood(s), if applicable. Any permanent structural elements shall conform to § 200-20.1G(6) with respect to appropriate building materials.
 Outdoor seating is encouraged, capitalizing upon the
District's waterfront setting.
|
(d)
Outdoor dining activities and food and/or beverage service shall
take place during the hours of operation of the establishment. All
outdoor activities shall be subject to other applicable rules and
regulations of this Code.
(e)
All furniture and fixtures used in conjunction with the outdoor
dining and sidewalk cafe must be of a temporary nature, and must be
brought in at closing time or otherwise secured during nonoperational
hours. No signage shall be permitted to be affixed to any temporary
structures.
(8)
Driveways and access. The use of shared drives and cross access
improves corridor vitality, mobility, and safety.
(a)
Shared driveways and cross-axis driveways are encouraged and
shall be recorded as an easement and shall constitute a covenant running
with the land. Operating and maintenance agreements for these facilities
shall also be recorded with the deed.
(b)
Absent a showing by the applicant of impracticality, the provision
for cross access among adjacent properties shall be required to internalize
traffic and reduce turning movements directly onto the street (Figures
14 and 15).
 The provision of shared entrances (1) rather than individual
drives reduces the number of turning movements onto busy corridors
and can enhance internal circulation, especially when used in tandem
with cross access between adjacent rear parking lots (2).
|
 The arrows highlight the issues associated with individual
access points and a lack of cross access between properties along
primary roadways. The numerous turning movements reduce transportation
safety, while the constant break in the street line hinders the rhythm
of the streetscape and degrades the pedestrian experience.
|
(c)
New construction or improvements shall plan for, accommodate,
and/or reserve land for future connections with adjacent properties
to facilitate cross access.
(d)
Driveways outside the public right-of-way shall be no more than
24 feet in width.
(e)
A designated five-foot-wide sidewalk shall be provided between
the edge of entry drives and the principal building.
(f)
Driveways shall be set back from the side and rear lot lines
a minimum distance of 10 feet, or minimum 15 feet where commercial
use abuts a residential district.
(g)
Driveways shall be offset from principal buildings a distance
of no less than five feet, or as required for safe sight distances.
Shared drives between two lots within the WMU zone are not required
to provide the side yard setback.
C.
Site infrastructure and facilities.
(1)
Overview.
(a)
The design and location of site infrastructure and facilities
should be complementary to and appropriate for the principal structure.
Where feasible, utilities should be located in side or rear yards,
buried underground, and/or screened from view. Those infrastructure
elements which cannot be obscured from view should be designed as
an integral and aesthetically pleasing feature of the landscape or
building (Figures 16 and 17). The intent of these standards is to
minimize visual, noise, and other associated negative impacts of site
infrastructure and facilities.
 Efforts should be made to integrate stormwater management
into the numerous small greenspaces within the built environment adjacent
to driveways, parking lots, and pedestrian spaces consistent with
the most current New York State Stormwater Management Design Manual.
|
 The use of open water detention ponds is not an appropriate
stormwater management technique for the WMU District.
|
(2)
Loading, service, maintenance and refuse facilities. Views of
utility, loading and refuse areas shall be obscured from adjacent
areas.
(a)
Loading docks, bays, and staging and service areas shall be
located to the rear of the structure. Side loading areas may be approved
at the discretion of the Planning Board with approved screening (Figures
18 and 19).
|
INAPPROPRIATE
|
APPROPRIATE
|
|---|---|
 |
 |
|
Although this building is constructed to the street
line, the loading dock (1) is facing the primary street, presenting
visual disruption.
|
The above detached refuse enclosure is placed at the
rear of the building and is composed of like materials as found in
the principal structure.
|
(b)
When a loading area abuts a street or residential zone, loading
areas shall receive appropriate screening in accordance with 200-20.1E(5).
(c)
The staging, storage and parking of vehicles, equipment, or
materials as part of a commercial enterprise shall not occur in front
yards and shall be screened from view from all streets and surrounding
properties.
(d)
The storage and/or staging of refuse shall take place in the
rear yard and shall be buffered or screened from view from parking
facilities, adjacent properties and all streets.
(e)
All refuse appurtenances, equipment and containers shall be located within a four-sided enclosure constructed of the same or complementary materials found in the principal structure. Such enclosure shall be constructed to a height not less than one foot above the height of all elements within the enclosure (Figure 19). See also Chapter 168 (Solid Waste) for further regulations regarding refuse.
(f)
Gate access to the enclosure shall be located out of direct
view from principal building entrances and adjacent residences. Gates
shall remain in a closed position at all times other than during refuse
pickup or delivery.
(g)
HVAC units shall be screened from view from parking facilities,
adjacent properties and all streets by means of fencing, landscaping,
or other design elements compatible to the building.
(3)
Stormwater and green infrastructure facilities. Stormwater management and green infrastructure facilities shall enhance the aesthetic appeal of the Waterfront Mixed Use District. In addition to all applicable requirements provided in Chapter 170 (Storm Sewers), the installation of any stormwater management facility in the WMU District shall be subject to the following:
(a)
Stormwater detention or retention ponds are not permitted in
front yards.
(b)
No stormwater detention facility shall have a permanent pool,
and the use of rip-rap and stone fill is not permitted.
(c)
Stormwater management facilities shall be integrated into the
overall site design.
(d)
The use of subterranean storage for stormwater runoff is encouraged
where practicable.
(e)
The provision of fencing around stormwater facilities is prohibited,
unless the Planning Board determines that such fencing provides a
positive design element.
(f)
Where practicable, the use of green infrastructure design elements,
such as, but not limited to, bioswales, rain gardens, bioretention
areas, porous pavements, green roofs, and other measures which promote
the infiltration, transpiration, and evaporation of stormwater runoff
shall be encouraged (Figures 20 and 21).
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APPROPRIATE
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APPROPRIATE
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 Porous pavements are encouraged to further facilitate
infiltration and slow stormwater runoff. These materials are especially
useful along the periphery of parking areas and/or adjacent to bioretention
areas.
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 Where appropriate, bioretention areas and bioswales
similar to the above may be used to promote the infiltration of stormwater.
These installations would be appropriate in parking lot medians or
in linear strips along drive aisles or behind parking lots in lieu
of large, unsightly retention facilities.
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(g)
All stormwater management facilities and green infrastructure
facilities shall provide a pleasing aesthetic complementary to the
character of the Town.
(h)
All green infrastructure design elements, including plantings
and pavements, shall be regularly maintained to promote their proper
and intended function.
(4)
Utilities. Aboveground utilities should be a positive element
within the overall design aesthetic.
(a)
Where feasible, utility service connections from rights-of-way
or easements shall provide subterranean connections to site structures
and appurtenances, including, but not limited to, principal structures,
garages, storage buildings, and site lighting.
(b)
Aboveground utility service connections, appurtenances and fuel pumps shall be located in side yards or rear yards and screened from view from parking facilities, adjacent properties and all streets (Figures 22 and 23). This includes, but is not limited to, generators, transformers, vaults, "hot-boxes," switch-gear, meters, valves, compressors, pumps, control or service panels, or any heating, ventilation and cooling equipment. See also § 200-20.1E(5).
 When required to be placed within view of the public,
ground-mounted utility boxes should be screened or designed as an
integral element within the site.
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 Ground-mounted utility boxes such as that depicted in
Figure 23 shall be placed in rear or side yards with appropriate screening.
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D.
Parking.
(1)
Overview and applicability.
(a)
Parking areas should be integrated design components that do
not detract from the character of the Town. Parking areas shall be
located to the rear of structures, except where the placement in side
yards may be determined acceptable by the Planning Board due to site
constraints. For a nonwaterfront lot, the side facing the street shall
be considered the front, and the parking shall be located behind the
structures. For a waterfront lot, the side facing the water shall
be considered the front, and the parking shall be located between
the structure and the street or in the side yard. (See Figures 24
and 25).
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APPROPRIATE - NON-WATERFRONT
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APPROPRIATE - WATERFRONT
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(b)
The requirements of this section are intended to minimize visual,
environmental, noise, safety and other associated impacts of parking
facilities by regulating their placement, design, and buffering. These
standards apply to any parking lot and associated driveways that are:
(c)
For purposes of this section, "substantial modification" shall
mean any change in the number or configuration of parking spaces,
traffic flow patterns, or manner of ingress or egress. "Substantial
reconstruction" shall mean the removal and replacement of more than
25% of the existing paved surface.
(2)
Parking location. Parking areas shall be located inconspiciously
using the following locations guidelines:
(a)
Vehicular parking, standing, loading and dropoff facilities shall be located in rear yards whenever possible and a minimum of 10 feet from side and rear lot lines, or a minimum of 15 feet where the lot abuts a residential district (Figures 26 and 27). A buffer shall be provided adjacent to residential properties as specified in § 200-20.1E(5) and (12).
 Vehicular parking lots shall be placed in the rear of the structure. In limited instances, side yard parking will also be permitted subject to conditions and approval as determined by the Planning Board [Subsection D(2)(b)].
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 Front-loaded parking is not permitted for structures
within the WMU District. Projects with multiple structures, some of
which may be located in the rear of the lot, may have front-loaded
parking on those rear-lot structures only.
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(b)
Existing parking lots located in the front yard may not be expanded
and are encouraged to be converted to green space or pedestrian space.
(c)
Upon demonstration of significant site limitations by the applicant,
the Planning Board may allow side yard parking. For nonwaterfront
lots, side yard parking shall be located behind a line extending from
the primary building facade parallel to the street. For waterfront
lots, side yard parking shall be set back from the street ("rear"
lot line) as indicated above.
(d)
For corner lots, side yard parking shall be allowed subject
to all other applicable regulations governing side yard parking.
(3)
Parking planning and design.
(b)
Side yard parking and parking on waterfront lots that is located between the structure and the street shall require the installation of an appropriate buffer between the parking lot and street to provide a visual screen (Figures 28 and 29). See § 200-20.1E(5).
 When a parking lot is located in a side yard or between
building and street (waterfront lot), a buffer composed of vegetation
or a combination of structural screen (fencing/wall) and vegetation
must be installed between the parking lot and public right-of-way.
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 Buffers between parking and the street may include a
formalized structure that matches the character and materials of the
primary building, along with vegetation to buffer the negative visual
impacts of parked cars.
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(c)
Parking lot buffers between parking lots and the street shall be composed of vegetation or a combination of structural screen and vegetation. Structural screen materials shall be similar or complementary to those found on the primary building (Figure 29). See § 200-20.1E(5).
(d)
For lots with side yard parking, the linear distance of parking
at the front lot line shall not exceed 30% of the total lot width.
(e)
For sites proposed with multiple structures, parking shall be
centralized and shared.
(f)
Where curbing is provided, curbs shall be granite or concrete;
asphalt curbing is not permitted.
(g)
Adequate provisions shall be made within the project site to
accommodate snow removal and storage. Applicants must provide a plan
for the location and removal of snow during snowfall events.
(h)
Parking lots shall be arranged with vegetated medians, end islands
and trees to break up long expanses of paved areas and to provide
shade (Figure 30). Medians/end islands can also be utilized for stormwater
management and biofiltration of stormwater runoff.
 Vegetated end islands and medians shall be provided
to break up large expanses of paved areas, define parking spaces,
provide spaces to plant trees to shade the asphalt and cars, and can
also be utilized for stormwater management and biofiltration.
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(i)
Vegetated medians and end islands shall be a minimum of seven
to 10 feet in width. Trees shall be planted within the medians/end
islands.
(j)
One vegetated median shall be provided for every 10 continuous
spaces.
(k)
A vegetated median shall be provided between double-loaded rows
of parking.
(l)
End islands shall be provided for all parking configurations
entirely surrounded by drive aisles, provided such configurations
contain more than five spaces in a single row or 10 spaces in a double
row.
(m)
Upon the satisfactory presentation of significant evidence by
the applicant, the Planning Board may approve deviations from parking
lot median and end island requirements.
(n)
Pedestrian walkways within the vegetated medians are encouraged.
(4)
Shared parking. Impervious areas shall be minimized through
the use of shared parking.
(a)
Where feasible, the provision for shared access and parking
among adjacent properties shall be required to internalize traffic
circulation and reduce turning movements onto the primary street (Figures
14, 31 and 32).
 A primary characteristic of mixed-use corridors is a
staggered peak demand for parking spaces. Where the proper mixture
and diversity of tenant and land uses permits, shared parking should
be explored to provide a more efficient and effective use of aggregated
parking spaces in the area.
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 The individual assignment and isolation of parking lots complicates internal circulation for both motorists and pedestrians. The sharing of parking facilities potentially reduces the amount of pavement and other infrastructure. The above development would have benefited significantly with a site layout that grouped the buildings close together to enhance the synergy and vitality of pedestrian and outdoor spaces while also sharing parking. [See also § 200-20.1B(3) and Figure 14.]
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(b)
Applicants are encouraged to investigate common or shared parking
opportunities between adjacent businesses with differing peak hours.
(c)
All parking included under a shared parking agreement shall count towards the numerical requirements for off-street parking as specified in § 200-27. The Planning Board may approve the reduction in the number of off-street parking spaces required in § 200-27 for a site by up to 25% in order to encourage shared parking, minimize the amount of impervious area on a site, promote mixed-use developments, and encourage the walkability of the area.
(d)
An applicant proposing to use a shared parking arrangement to
satisfy off-street parking requirements shall submit a shared parking
analysis as part of its application that demonstrates the feasibility
of shared parking. The analysis shall address, at a minimum, the size
and type of the proposed development, the anticipated use(s) of the
property, the anticipated rate of parking turnover and the anticipated
peak parking and traffic load for all uses that will be sharing off-street
parking spaces.
(e)
The applicant shall furnish sufficient evidence of a viable
and legally binding shared parking agreement on behalf of all involved
facilities to the Planning Board prior to approval of a shared parking
program.
(f)
Applicants approved for the use of shared parking within combined parking lots shall not be required to provide the specified setback and buffer requirement along the shared property boundary as otherwise required pursuant to § 200-20.1E(5).
E.
Landscaping.
(1)
Overview. Landscaping and hardscaping appropriate for a mixed-use waterfront setting should enhance desired views and screen undesirable views. The intent of § 200-20.1E is to maximize the visual, aesthetic, and pedestrian experience of a site through the use of appropriately scaled and designed landscaping (Figures 33 through 35). This section shall also cover the mitigation of visual impacts through the buffering or screening of utilitarian site and building elements. In addition to § 200-20.1E of the design standards, § 200-28, Landscaping regulations of the Town of Evans Code shall also apply unless indicated otherwise. These standards determine the overall amount of planting material to be provided for the landscaping, buffering and screening of individual sites, buildings, and parking areas in the WMU District.
 The effective use of plant material helps define a sense
of enclosure and volume in outdoor spaces. Plant material should not
overpower the surrounding landscape or buildings and should be of
a similar scale and height to structures within the District at maturity.
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 Figure 34 depicts front yard landscaping that reinforces
the building's architectural style and directs one's eye toward the
entrance.
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 Plantings that overwhelm the location due to size or
habit look unkempt, contribute to a decrease in pedestrian safety
and an increase in property maintenance costs. The plantings in Figure
35 are much too large for front yards along the primary corridor.
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(2)
Landscape design guidance. Landscape should enhance the character
of the district through its arrangement, provide shade and screen
unsightly uses.
(a)
One planting unit equals one shade tree, two ornamental trees,
two evergreen trees, five shrubs, 10 perennials, 250 square feet of
groundcover or 15 linear feet of decorative planters.
(c)
At the discretion of the Planning Board, the retention of existing
vegetation on site may be utilized to satisfy up to 50% of required
planting units.
(d)
Each existing mature shade tree with a trunk diameter of six
inches or greater when measured at breast height (dbh) may satisfy
the requirement for up to two planting units. Other existing trees
on site with a trunk diameter between two and six inches dbh may satisfy
requirements for up to one planting unit each.
(e)
Existing vegetation must be adequately protected during and
after construction, and must survive a minimum of two years beyond
the completion of construction activities to qualify as required planting
units.
(3)
Site landscaping. Urban-appropriate landscaping and hardscaping
shall enhance and screen views along the street.
(a)
Site landscaping shall be required along all property boundaries,
except where approved shared-parking lots adjoin abutting properties.
(b)
Plantings shall be limited to species that are hardy, salt-tolerant
(where planted in proximity to paved surfaces or stormwater runoff),
noninvasive to the area, and deer- resistant. Native plants are preferred.
Significant deviations from this criteria must by supported by ample
evidence by the applicant.
(c)
Deciduous trees shall be planted along the lot's street frontage,
parallel to the street with a spacing 30 feet to 40 feet on center
as appropriate for the species and site constraints. Where overhead
wires are present, lower growing species shall be selected and may
be planted 20 feet to 30 feet on center as appropriate for the species.
(d)
Deciduous trees shall be planted within the medians/end islands
at 30 feet to 40 feet on center for shade trees or 20 feet to 30 feet
on center for ornamental trees, as appropriate for the selected species.
(e)
All plantings shall be contained within a defined and edged
plant bed and mulched to a depth of two to three inches. Individual
trees shall be provided with a mulch ring of three-foot diameter and
three-inch depth (Figure 34).
(4)
Foundation landscape treatments. Foundation landscape treatments
provide a transition between the building and site.
(a)
Front yards shall be landscaped or a mix of landscaping and
hardscaping. Landscaped areas in front yards must be a minimum six
feet in depth. Hardscape materials may be utilized to provide an extension
of the sidewalk and pedestrian zone to the building facade or to provide
an outdoor dining or seating area.
(b)
Durable containers and permanent landscape planters may be used
on site where appropriate. The design and material selection for containers
and landscape planters shall be complementary to the architectural
style of the principal building. The use of plastic planters is not
permitted.
(c)
At the discretion of the Planning Board, plantings and mulches
may be required to be installed along the foundation of the proposed
structure in side or rear yards.
(5)
Buffers and screens. High-quality and sensitive viewsheds shall
be preserved through appropriate buffering and screening.
(a)
Buffer plantings of evergreen/deciduous trees and shrubs, with
fencing where appropriate, shall be provided where the use of a buffer
or screen is indicated, with visual, noise and air-quality factors
considered. The use of individual evergreen trees without associated
shrub plantings is not an approved buffer strategy.
(b)
A buffer shall be provided along property boundaries adjacent
to residential districts.
(c)
Parking, loading and stacking areas and driveways located adjacent to residential properties shall be provided with a buffer as specified in § 200-28D(12).
(d)
Side yard parking and parking on waterfront lots that is located
between the structure and the street shall be buffered from streets
with vegetation or a combination of structural screen (no more than
four feet high) and vegetation (Figures 36 and 37). The height of
the buffer shall be such that it blocks the view of cars from the
street but does not inhibit longer views to the water.
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APPROPRIATE
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The figures above illustrate parking lot buffers that
utilize a combination of structural screen and vegetation to provide
a visual and physical buffer between a sidewalk and parking area.
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(e)
Existing parking lots along front yard setbacks shall be buffered
from streets or adjacent residential properties as described above.
(f)
A buffer shall be provided around aboveground utility service
connections and appurtenances located in side yards or rear yards
to screen the view from parking facilities, adjacent properties and
all streets.
F.
Architectural consistency.
(1)
Overview.
(a)
These design standards seek to preserve and enhance the architectural
character of the Town and ensure that development is consistent with
the surrounding landscape of the Town. New construction, building
additions, rehabilitations, renovations, and/or changes in use must
complement the desired waterfront character and improve the experience
for pedestrians and motorists. The Town does not seek strict uniformity
amongst structures, nor the precise re-creation of historic styles.
However, sufficient care and attention must be provided to building
design concerning proportion, massing, style consistency, solid-to-void
ratios, rhythm, pedestrian scale and detailing such that overall building
composition is in harmony with itself, the site and its surroundings.
(c)
Adherence to these standards will provide a comfortable, enjoyable,
and aesthetically pleasing environment within the Waterfront Mixed
Use District. The use of familiar building forms, massing, architectural
styles, and details is required to complement the Town's desired waterfront
character.
 The creation of a consistent streetwall is an important
design element for pedestrian-friendly and comfortable environments.
In addition, enhanced transparency on store frontages and the repetitive
rhythm of the entryways creates a vibrant and active streetscape.
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(2)
Building form and massing. Buildings must be consistent in form
and massing with Town character.
(a)
New construction must relate to the proportion, massing, and
scale of the desired waterfront character (Figures 38 through 45 and
50 through 52).
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(b)
These standards do not require the precise re-creation of historic
styles. Contemporary interpretations in correct proportion, character
and style can be utilized to strengthen the identity of new buildings.
(c)
The maximum gross building area for each story of a single building
shall be 15,000 square feet.
(d)
In instances where the front facade is greater than 50 feet
in width, delineations and treatments, such as a recess or projection
that varies the depth of the building wall, shall be used to break
up its appearance (Figures 40, 42 and 43).
(e)
Structures shall incorporate fascia, canopies, arcades, setbacks,
recesses, projections or other design features to compose wall surfaces
of 600 square feet or less to avoid large, undifferentiated walls.
(f)
New construction and additions fronting on the primary street
shall be a minimum of two usable stories. The overall maximum building
height shall be 40 feet to the eave, except 50 feet to the eave is
permissible if the portion of the building at this height is set back
a minimum 150 feet from a residential district.
(g)
The height of the first floor of commercial buildings shall not be less than 14 feet where § 200-20.1G(4)(g) does not apply (Figure 41).
 The added height of the first floor provides continuity
and adds a sense of prominence to the lower levels of the buildings.
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(h)
Residential use is precluded from the ground floor.
(i)
The maximum building height at the minimum side and rear setbacks
abutting a residential district is 26 feet [see § 200-20.1F(2)(f)-(g)].
Buildings taller than 26 feet or two stories, whichever is less, must
include an additional setback such that for each additional story
of x feet in height, that story is stepped back a minimum of x feet
(see Figure 42).
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(j)
For buildings with multiple storefronts, there shall be a direct
correlation between the delineations of interior tenant spaces and
exterior facade treatments.
(3)
Commercial building character. Commercial buildings must allow
for the mixing of uses in upper stories.
(a)
New construction, building renovations, and building additions
shall complement the desired waterfront character by utilizing Cape
Cod or American Colonial architectural styles (Figures 38 through
45 and 50 through 52).
(b)
Buildings shall have a solid-to-void ratio created by window
openings and wall surfaces that is consistent with typical Cape Cod
or American Colonial architectural styles. A similar or complementary
ratio shall be provided or maintained on existing structures upon
renovations or changes in building use.
(c)
All new or renovated commercial buildings with frontage on public
streets shall provide areas of transparent glazing equal to or greater
than 40% of the wall area between the height of three feet and 10
feet from the ground.
(d)
Tinted glazings that reduce transparency of first floors shall not count towards the minimum transparency requirement [See also § 200-20.1G(3)]. Low thermal emissivity coatings do not constitute tinting.
(e)
Commercial buildings shall provide visual distinction between
the first floor and upper floors through the use of appropriate architectural
elements, details, materials and/or color.
(f)
Commercial buildings shall have pitched roofs, not flat roofs.
However, a partial flat roof is allowed for the purpose of a rooftop
patio for commercial dining.
(g)
Grade-level patios and upper level balconies shall be provided
to promote outdoor spaces and lake views (Figures 43 through 45).
 This new building embodies a waterfront character, maintains
an active storefront, provides visual distinction between the first
floor and upper floors, displays a prominent entrance, and incorporates
outdoor seating and pedestrian spaces.
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APPROPRIATE
 Figures 44 and 45 demonstrate the incorporation of a
rooftop patio into a pitched roof.
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APPROPRIATE
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 Structures such as those found in Figures 46
and 47 do not relate to or complement desired waterfront character
of the WMU District.
Additions such as that depicted in Figure 48
do not relate to the existing building and shall be avoided.
The elimination of windows (figure 49) is not
appropriate for the adaptive reuse of existing structures.
Figure 50 depicts the inclusion of patios and
balconies to take advantage of water views.
Figure 51 depicts an effective use of architectural
details to provide visual distinction between the first floor and
upper stories while maintaining transparency.
Figure 52 provides an appropriate example of
new development that successfully utilizes waterfront-appropriate
design cues from Cape Cod and American Colonial architectural styles
and differentiates the first floor from upper stories.
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G.
Architectural details.
(1)
Overview.
(a)
Architectural details shall complement and enhance overall building
composition, and shall be appropriate to the style and character of
the building, the site, and the surroundings (Figure 53). A lack of
architectural detail and ornamentation leaves the building devoid
of interest (Figure 54), an overabundance of which creates a confusing
and jumbled appearance. The use of details shall be kept consistent
with buildings of a similar architectural style, yet should also be
utilized to supply a unique identity for the structure. For example,
window and door trim should call attention to and accentuate openings
without dominating or confounding the building facade.
 Architectural details such as cornice lines, pilasters,
and recessed windows finish a building facade and are extremely important
in developing a sense of place and strengthening the identity of the
Waterfront Mixed Use District as a vibrant and active community center.
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 A lack of architectural detail coupled with the improper
utilization of building materials and design proportions can reduce
the visual appeal and economic value of structures within the Waterfront
Mixed Use District.
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(c)
Applicants shall utilize the treatment of windows, entrances,
awnings, storefronts and building bases to ensure the structure makes
a prominent statement without overpowering the Waterfront Mixed Use
District.
(2)
Building base and foundations. The building base shall visually
highlight the connection between the structure and the site.
(a)
A formal building base shall be distinguished from the upper
portions of the structure through a change of materials, color, texture
and/or projection (Figures 53 and 55).
 The highlighting of the building base (1) anchors the
structure to the site and provides visual distinction between the
ground plane and the structure. Material selection shall complement
the architectural style of the building and the waterfront setting.
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 The building facade shall not abruptly end at the sidewalk
(2). The building shall have a base of material that anchors the structure
to the site.
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(b)
The base treatment shall be continuous along facades facing
streets and parking areas.
(c)
The building base shall be included on all primary facades,
and shall complement the architectural style and window and door fenestrations.
(d)
Foundations of masonry block or poured concrete shall not be
left exposed and shall be adorned with appropriate finishing materials
in character with the structure base and vernacular to the region.
(3)
Windows. Windows shall be used to add transparency, interest,
and rhythm to the building facade.
(a)
Windows shall be of a scale, proportion and extent appropriate
to the overall architectural style of the building (Figure 57).
(b)
Window openings shall be trimmed with an appropriate material
(brick, stone, wood, wood-like, cementitious board) to provide added
definition to the overall facade (Figures 57 and 58).
 This structure provides a high quality example of building-appropriate
window proportions, trim details, building base and solid-to-void
ratios.
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 The wrapping of primary storefront windows around the
corner of a building enhances the pedestrian experience and adds a
higher level of architectural character and detail to the structure.
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(c)
The rhythm and ratio of solids to voids for building additions
and expansions shall be similar to those of the region's desired waterfront
character.
(d)
At street corners, public spaces and along pedestrian walks,
commercial building storefront windows shall wrap the building corner
and provide enhanced transparency and added architectural interest
to the first floor (Figure 58).
(4)
Roofs, cornices, eaves, overhangs and parapets. Roofs and cornices
are crucial components of the building facade.
(a)
Elements that define the roof and the upper quartile of the
facade shall incorporate design details that provide an added level
of detail and articulation to the architectural expression of the
building (Figures 57 and 59).
 The upper quartile of the structure pictured provides
a high level of detail and ornamentation which caps the structure,
while the lower quartile of such structure also defines the break
between the ground floor and upper stories.
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 The building in Figure 60 does not provide any meaningful
architectural detail at the roofline, nor do the scale and proportion
of the existing design elements complement the surroundings.
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(b)
The choice of design elements and their scale, height, proportion
and mass should draw from design cues provided by the desired waterfront
character.
(c)
Rooflines shall be in character with the overall architectural
style of the building and those vernacular to Western New York State.
For example, gable, gambrel, mansard, shed, and hip roofs are common
within the region.
(d)
Cornices shall be used to differentiate and enhance the vertical
composition of the building facade (Figures 61 and 62).
(e)
The use of awnings, canopies, recessed entries and other design
elements is encouraged to define the first floor and provide shelter
to entryways (Figures 61 and 62):
 Awnings are a high quality design element that define
the purpose and volume of outdoor spaces. They also add visual variety
and distinction to building facade components. The building pictured
also displays a significant amount of transparency and the successful
use of a cornice to differentiate the first floor from upper stories.
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 These structures have continuous cornice and trim lines,
and provide a high quality rhythm to the streetscope.
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(f)
Overhangs and canopies should be architecturally consistent
with or complementary to the remainder of the building.
(g)
To the extent practicable, building stories, cornice lines and
other horizontal trim lines for infill development shall have continuity
with adjacent buildings (Figure 62).
(5)
Building doors and entries. Entries shall provide a welcoming
experience for building patrons.
(a)
All entries shall be designed as an important feature and visual
cue of the building facade.
(b)
Doors and entryways shall be of a scale, proportion and coverage
appropriate to the overall style of architecture of the building (Figure
63).
 Figure 63
This entrance possesses a sense of importance and draws visitors from the sidewalk into the structure [§ 200-20.1G(5)(a)]. The lack of transparency into the structure is balanced by the level of architectural detail and selection of materials.
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(c)
Commercial buildings shall have a transparent primary entry that will be considered as part of the overall transparency requirement for the building frontage [See § 200-20.1F(3)(c)].
(d)
Primary entries shall be detailed and highlighted through the
use of trim, moldings, overhangs and/or other defining architectural
features such that its purpose as the primary entrance is evident
from the street. Similar treatment is encouraged for all entryways
near parking locations (Figure 64).
 The active and transparent storefronts pictured above
utilize a recessed entry to provide visual distinction and a visual
cue on where to enter the structure.
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(6)
Building materials. Building materials shall evoke the character,
style and purpose of the structure.
(a)
Along street frontages, all exterior building walls and structures
shall be constructed with durable materials such as masonry, stone,
metal, brick, and finishing wood (Figures 38 through 41, 43, 50 through
53, 55, 57 through 59, 61, and 62).
(b)
Changes in materials shall occur at inside corners. Material
or color changes at the outside corners or within a plane is not permitted.
(c)
Primary facade materials shall be wrapped onto secondary facades
for a distance of no less than 10 feet or that which is architecturally
consistent with building fenestration.
(d)
Standard masonry block walls are prohibited on any primary facade.
(e)
Decorative masonry materials such as split face and textured
finish blocks are discouraged, but may be considered an acceptable
facade material at the discretion of the Planning Board.
(f)
Exterior finishing materials for renovations, additions, and
rehabilitations shall be consistent with those being retained on existing
and adjacent traditional structures.
(g)
The following materials or systems shall not be utilized on
finished building or signage exteriors:
(h)
The following materials or systems may be utilized at the discretion
of the Planning Board:
[1]
Vinyl siding.
(i)
Exterior insulation finish systems (EIFS) shall not be utilized
as a primary building material, but may be utilized, at the discretion
of the Planning Board, as a decorative or complementary material on
upper stories only.
 The use of inappropriate materials and finishes diminishes
the visual quality of the structure and adjacent buildings. In this
example, although the structure has a high quality storefront, the
use of vinyl siding above the first story, over what was likely masonry
construction, reduces the overall appeal of the building.
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H.
Signage.
(1)
Overview.
(a)
Signs are important components of the streetscape. They do more than communicate information. Through the quality of their design, signs can both contribute to (Figure 68) and diminish (Figure 69) the character or appearance of structures and urban corridors. The purpose of the standards presented in § 200-20.1H and § 200-29, Sign regulations, are to promote visual cohesiveness within the streetscape through signage that is harmonious with building architecture and the character of the surrounding area, while affording businesses an opportunity to adequately and feasibly advertise their enterprise. Signs within the MWU District should serve as attractive accents that inform visitors of the goods and services available, while promoting a higher standard of visual quality that protects, preserves, and enhances the economic and aesthetic value of the community.
 |
(b)
§ 200-20.1H provides signage standards covering the type, style, height, size and placement of signs. In addition, the images presented constitute generally acceptable signage variations. These examples are not intended to provide a limited palette of design options, but to establish a baseline of acceptability. The design standards allow some flexibility in the design of signage and encourage applicants to be creative in the design of signage. The standards have been developed to offer guidance in designing signage that is encouraged.
(2)
Signage design guidance. Signs should enhance the character
of the district while affording businesses an opportunity to adequately
and feasibly advertise their enterprise.
(a)
Any illuminated sign or lighting device used to illuminate a
sign shall employ only LED (light-emitting diode) sources emitting
a light of constant intensity, and no sign shall be illuminated by
or contain flashing, intermittent, rotating, or moving lights. In
no event shall any illuminated sign or lighting device used to illuminate
a sign be placed so as to permit the beams and illumination therefrom
to be directed upon a public street, highway, sidewalk, or adjacent
premises so as to cause glare or reflection that may constitute a
traffic hazard or public nuisance. The full number of illuminating
elements of a sign shall be kept in working condition or immediately
repaired or replaced when not in working order. Overhead wires or
exposed wires on a sign or its supporting structures are prohibited.
(b)
Where a sign has only two faces that are back to back and cannot
be viewed concurrently, the area of one face shall be the face area
of the sign. Where multiple faces can be viewed concurrently, the
cumulative area of all faces of the sign shall make up the total face
area of the sign. No sign shall have more than two faces.
(c)
Prohibited signs. The following sign types are prohibited within
the MWU District:
[1]
Flashing signs. No sign shall be illuminated by
lights that are not of constant intensity or that contain flashing,
intermittent, rotating, or moving lights.
[2]
Electronic message signs. No sign or part of a
sign shall incorporate a programmable electronic message component.
[3]
Signs on public property. No sign shall be located
within a public right-of-way or on other public property without authorization
from the Code Enforcement Officer.
[4]
Rotating, revolving, or moving signs. No sign or
part of a sign shall rotate, revolve, or involve any other movement.
(d)
Obstructing signs.
[1]
No sign shall be located in a manner that creates
a traffic hazard by obstructing the view at any street intersection
or by design resemblance, through color, shape, or other characteristics,
to common traffic control devices.
[2]
No sign shall prevent or obstruct ingress and egress
of any walkway, door, window, or fire escape.
(e)
Billboards. No sign shall be designed and/or used to attract
attention to a place, commodity, service, activity, event, person,
institution, organization, or business not available or located on
the premises where the sign is located.
(f)
Signage on motor vehicles/trailers. No sign shall be located
on a motor vehicle or motor vehicle trailer in which:
[1]
The motor vehicle is not operable.
[2]
The motor vehicle does not display a valid vehicle
registration.
[3]
The sign advertises a place, commodity, service,
activity, event, person, institution, organization, or business that
is not directly related to the operation of the motor vehicle/trailer.
(g)
Roof signs. No sign shall be erected, placed, constructed, supported,
or located upon the roof or above the roof line of the face of the
building on which it is mounted (Figure 68).
 The above sign has quality architectural details that
are appropriate for the building, but its location above the roofline
is inappropriate for the desired character of the MWU District.
|
(3)
Building signs. These standards have been developed to offer
applicants guidance in designing signage that is encouraged. The following
building-mounted sign types are permitted, subject to the following
standards, and require a permit from the Code Enforcement Officer:
(a)
Building signs shall be permanently affixed to the building.
(b)
Total maximum sign face area of all building signs, other than
under-canopy signs or signs not requiring a permit, shall be as indicated
in Table 200-20.1A, Maximum Building Sign Face Area.
|
Table 200-20.1A
Maximum Building Sign Face Area
| |||
|---|---|---|---|
|
Building Frontage
| |||
|
Maximum sign face
(square feet)
|
Less Than 80 Feet
40
|
80-159 Feet
60
|
160 Feet or Greater
80
|
(c)
The total maximum face area that building signs shall be permitted
to occupy is related to the scale of the building and the size of
the front side of the building, known as the "building frontage."
Where a building fronts on more than one street, the building frontage
shall be that facing the street with the greatest amount of street
frontage.
(d)
Flush building signage. Signs mounted parallel (flush) to a
building surface shall not protrude more than 12 inches from the building
surface.
(e)
Projecting building signs. Signs mounted perpendicular to a
building surface (projecting signs).
(f)
Awning signage. Awning signage may be permitted for each establishment
or enterprise, as part of the overall building signage permitted per
building, subject to the following:
[1]
Awnings shall be constructed of durable vinyl,
canvas, or other material capable of withstanding the impacts of weather.
[2]
The surface area of all shapes, letters, numbers,
symbols or illustrations shall not exceed 25% of the awning.
[3]
Awning signage shall consist of individual characters,
symbols, and logos permanently affixed to the awning, with the background
of the sign consisting of the awning material only.
[4]
Awning signage may be illuminated from above, but
may not be illuminated from the underside.
(g)
Under-canopy signage. One under-canopy sign may be permitted
for each establishment or enterprise, not to be included as part of
the overall building signage permitted per building, subject to the
following:
[1]
Under-canopy signage shall be suspended perpendicular
to the building front.
[2]
Under-canopy signage shall not exceed 12 square
feet in sign face area.
[3]
Under-canopy signage shall have a vertical dimension
not exceeding 18 inches.
[4]
The minimum clearance between the finished grade
and the lowest member of an under-canopy sign shall be eight feet.
 The establishments pictured above utilize a combination
of awning signage, under-canopy signage and/or flush building signage
to advertise the business in a manner that is appropriate for the
MWU District.
|
(4)
Freestanding signs. Freestanding sign types include post-mounted
and pedestal/monument signs.
(a)
Location. One freestanding sign may be erected per parcel. Where
a commercial use abuts a residential use, any such sign shall be set
back at least 15 feet from the side lot line. No sign shall interfere
with the visibility from any driveway at its intersection with a public
street.
(b)
Landscaping shall be planted near the base of each freestanding
sign.
(c)
Post-mounted signs.
[1]
There shall be no more than two display surfaces,
each of which shall not exceed 20 square feet.
[2]
Signs shall be supported wholly by two wood or
metal posts.
[3]
Sign height shall not exceed six feet to top of
sign.
[4]
No part of sign shall be set back less than five
feet from the right-of-way line.
(d)
Pedestal/monument signs.
[1]
There shall be no more than two display surfaces,
each of which shall not exceed 32 square feet.
[2]
Support structures for monument signs shall be
clad in stone, brick, or other masonry, decorative wood or metal,
or other architecturally significant materials and shall be at least
as wide as the sign face it supports.
[3]
Sign height shall not exceed six feet to top of
sign.
[4]
No part of sign shall be set back less than 10
feet from the right-of-way line.
[5]
Pedestal/monument signs shall be prohibited on
lots less than 100 feet in width measured at the right-of-way line.
|
Table 200-20.1B
| ||
|---|---|---|
|
Maximum Freestanding Sign Face Area
| ||
|
Sign Type
| ||
|
Maximum sign face
(square feet)
|
Post-Mounted
20
|
Pedestal
32
|
 Appropriate freestanding sign types for the MWU District
include post-mounted signs (Figure 75) and pedestal signs (Figure
76).
|
 The above Figures 77 through 82 represent a collection of acceptable freestanding signs based on style and the quality of design and materials. The signs pictured in § 200-20.1H do not represent a palette of options or a finite selection of alternatives. The standards and pictorial examples are intended to provide guidance and a range of appropriate alternatives for signage applicants.
|
I.
Lighting.
(1)
Overview.
(a)
Lighting is a critical design element that provides safety,
visual cues, and aesthetic appeal to the building and its surroundings.
Within the MWU District, lighting shall be utilized to illuminate
building entrances, signage, and parking areas, while also providing
for subtle accents of building architecture and site landscaping.
The scale and height of lighting fixtures have a significant impact
upon their function and effectiveness. Within the MWU District, street
lighting should be pedestrian in scale and height, and appropriately
spaced to provide sufficient illumination for the street and sidewalk
(Figure 83). New development should follow this standard by keeping
fixtures and poles in scale and character with the site and adjacent
uses, while also providing the illumination to only those areas intended.
The prevention of light pollution spilling beyond property boundaries
is of paramount concern to mixed-use districts that support both commercial
and residential uses.
 The use of lighting fixtures that evoke a wharf or waterfront
character is desirable. Enhancements such as banners and flower hangers
is also appropriate for the MWU District.
|
 The above light fixture is inappropriate in scale and
height for this pedestrian application.
|
(2)
Site lighting. Site lighting shall improve the safety and visibility
of parking lots and pedestrian zones.
(a)
Lighting shall be designed such that poles, fixtures, ornamentation
and materials are of a pedestrian scale and height, and provide for
a safe pedestrian experience.
(b)
Fixture heights shall be between eight and 20 feet in height,
with shorter poles along sidewalks and pedestrian zones, and taller
poles within parking areas.
(c)
Fixture mounting height, direction and intensity shall be determined
based on the minimum requirements necessary to efficiently and safely
illuminate the area.
(d)
Fixtures shall be Dark Sky compliant. Light trespass into adjacent
noncommercial areas shall not exceed 0.1 footcandle in intensity.
(e)
Light-emitting diode (LED) light sources are required. Light
sources shall be chosen to accurately render all colors. Blue- or
amber-hue lighting is not permitted.
(f)
Lighting fixtures shall be directed away from adjacent structures
and property boundaries.
(3)
Building lighting. Enhanced building lighting shall be placed
at building entrances and other pedestrian areas.
(a)
Building-mounted lighting shall be of a style complementary
to the architectural character of the building and surroundings.
(b)
Building-mounted lighting shall not be utilized as area lighting
in place of pole-mounted lighting along private rights-of-way, sidewalk
and pedestrian zones, and parking areas.
(c)
Building-mounted lighting shall be utilized primarily for safety
and security lighting at entryways, utility and loading areas, and
other areas approved by the Planning Board.
(d)
Standards I(2)(d), (e) and (f) shall also apply to building-mounted
lighting.
(e)
Building-mounted lighting shall not be mounted higher than 15
feet above grade.
(f)
Wall-pack style lighting fixtures shall not be placed on facades
facing the primary street.
(4)
Accent lighting. Accent lighting should be used to complement
and highlight unique architectural or landscape features.
(a)
Standards I(2)(d), (e) and (f) shall also apply to accent lighting,
including both ground- and building-mounted fixtures.
(b)
The use of neon accent lighting is not permitted.
(c)
Accent lighting shall be discrete in nature and of the same
color and a lesser intensity than other building-mounted lighting.
(d)
Accent lighting shall focus on highlighting architectural or
landscape details or elements rather than the illumination of entire
facades, walls or areas.
(5)
Lighting gallery.
 |
[1]
Editor's Note: This local law repealed former § 200-20.1,
Lake Erie Beach Commercial Overlay District (LEB Overlay), added 12-14-2011
by L.L. No. 9-2011.
A.
Intent. The intent of the General Business District
is to establish areas for larger scale commercial operations that
provide a wider variety of goods and services. These areas typically
have access to major roads and highways that link them to surrounding
communities. Consideration to pedestrian and automobile access, traffic
congestion, aesthetics, landscaping, adaptive reuse, residential buffering
and protection of incompatible uses, and enhancing the overall character
of the town, shall be part of any design.
B.
Permitted uses. The following uses are permitted in
the General Business (GB) District:
(1)
Principal structures and uses.
(a)
Any structure and/or use permitted in the Neighborhood
Business (NB) District.
(b)
Department store/supermarket.
(c)
Variety store.
(d)
Furniture store.
(e)
Household fixture, electrical and appliance
sales and/or repair services.
(f)
Hardware and plumbing sales and service.
(g)
Farm supply, lawn and garden supply, sales and/or
landscape services and retail nurseries.
(h)
Wholesale store; catalog sales.
(i)
Motels and hotels.
(j)
Commercial recreation activities.
(k)
Shops for custom work for the making of articles
to be sold at retail on the premises, provided that such activity
shall not produce offensive odors, noise, vibration, heat, glare or
dust.
(l)
Veterinarian office; animal hospital.
(m)
Nursing, assisted living or convalescent homes.
(n)
Funeral homes and mortuaries, with attendant
or owner apartment.
(o)
Retail services.
(p)
Bar/tavern.
(q)
Banks and drive-in bank facilities.
(r)
Lumber and other building materials and services.
(s)
Business services, including sign company, window
cleaning and other dwelling and building services and equipment sales
and rental.
(t)
Motor vehicle washings (special use permit required).
(u)
Residential uses in existence at the time this
chapter was enacted.
(v)
Human health-care facilities, including outpatient
services (special use permit required).
[Amended 5-26-2010 by L.L. No. 1-2010]
(w)
Other institutions providing care and protection
of persons (special use permit required).
[Amended 5-26-2010 by L.L. No. 1-2010]
(x)
Civic associations, fraternal organizations,
private clubs, museums and other places for public assembly.
(y)
Tire, battery and other automotive parts and accessories and
sales.
[Added 2-3-2016 by L.L.
No. 1-2016]
(z)
Self-storage facilities (a.k.a. public mini-storage). Self-storage
units shall not be visible from the highway, and the following options
can be utilized to accomplish this:
[Added 4-18-2018 by L.L.
No. 1-2018]
[1]
A landscaped berm, solid architectural fence or wall can be added
in the front yard. These shall be of a height to sufficiently screen
the units.
[2]
Full-scale buildings (with approved architectural style) that include offices or other approved uses along with components listed in Subsection B(1)(z)[1] can be utilized to screen the units.
(aa)
Dog day-care facilities.
[Added 7-17-2019 by L.L.
No. 7-2019]
[1]
DOG DAY-CARE FACILITY
Definition. As used in this subsection, the following terms
shall have the meanings indicated:
A commercial facility for the supervised care and socialization
of dogs, not to include facilities that provide overnight boarding,
breeding or selling of dogs, or facilities whose primary source of
revenue is licensed veterinarian services.
[2]
Permitted use.
[a]
Dog day-care facilities shall only be permitted
in Agriculture and Open Space, Rural Agriculture, General Business
Districts.
[b]
All dog day-care facilities shall require the issuance of a special use permit approval pursuant to § 200-45 from the Evans Town Board. The Town Board shall refer all special use permit applications to the Planning Board and Code Enforcement Office for review and recommendations prior to the issuance of site plan approval and the special use permit.
[3]
Design criteria.
[a]
Dogs may be groomed, trained, exercised and socialized,
but not boarded overnight, bred or sold.
[b]
All activities related to the dog day-care facility
shall be undertaken indoors with the exception of short-term outdoor
periods for the dogs to relieve themselves.
[c]
Indoor areas designed for dog supervision, training,
exercising, socializing, grooming and resting (not to include office,
retail, reception and bathrooms) must consist of a minimum 100 square
feet per dog.
[d]
Dog day-care facilities may include an accessory
use for the retail sale of products related to the operation of the
facility.
[e]
Dog day-care facilities shall be soundproofed to
the best of the owner's ability to prevent a noise nuisance to surrounding
properties. Any and all noise complaints will be reviewed by the Code
Enforcement Officer to determine if additional action is required.
[f]
The operation of the facility shall not allow the
creation of noise by any animal or animals under its care which can
be heard by any person at or beyond the property line of the lot on
which the facility is located repeatedly over a ten-minute period.
[g]
The hours of operation of a dog day-care facility
shall begin no earlier than 6:00 a.m. and shall end no later than
11:00 p.m. with no dogs allowed outdoors prior to 7:00 a.m. or after
10:00 p.m.
[h]
Outdoor areas shall be located in either the rear
or side yards and a minimum of 100 feet from the nearest residential
property line.
[i]
Outdoor areas shall be screened by solid wood,
vinyl or masonry fencing or other visual barrier that is six feet
high and not to extend into the front yard or past the front line
of the building.
[j]
All animal waste must be placed in closed waste
disposal containers and collected and disposed of by a qualified waste
disposal company at least weekly. Waste receptacles are to be screened
appropriately with fencing and/or landscaping from neighboring properties.
[k]
The operator of the facility will be required to
maintain all required licenses and permits.
(bb)
Cannabis business activity.
[Added 10-19-2022 by L.L. No. 4-2022]
[1]
Findings; legislative intent. The Town of Evans seeks to mitigate
any potential nuisances/adverse impacts to the General Business District,
and to protect the overall community character, while also allowing
for small business development that provides outlets for hookah or
vaping, and for the retail sale of associated products and cannabis
for at-home consumption. Notwithstanding the foregoing, all persons
who choose, against health adversaries, to be involved with tobacco
or non-tobacco materials do so entirely at their own risk.
[2]
CANNABIS
CANNABIS BUSINESS
DELIVERY
HOOKAH OR VAPING BUSINESS
HOOKAH PIPE
MICROBUSINESS
ON-SITE CONSUMPTION
RETAIL SALE
RETAILER
SMOKING
[a]
[b]
VAPE SHOP
Definitions. As used in this subsection, the following terms
shall have the meanings indicated:
All parts of the plant of the genus Cannabis, whether growing
or not; the seeds thereof; the resin extracted from any part of the
plant; and every compound, manufacture, salt, derivative, mixture,
or preparation of the plant, its seeds or resin. It does not include
the mature stalks of the plant, fiber produced from the stalks, oil
or cake made from the seeds of the plant, any other compound, manufacture,
salt, derivative, mixture, or preparation of the mature stalks (except
the resin extracted therefrom), fiber, oil, or cake, or the sterilized
seed of the plant which is incapable of germination. It does not include
hemp, cannabinoid hemp or hemp extract as defined by this section
or any drug products approved by the Federal Food and Drug Administration.
Any business, collective, establishment, association or any
other organization or any person engaged in any cannabis activity,
whether for medical or nonmedical use, or both.
A delivery license authorizes the delivery of cannabis and
cannabis products by licensees, independent of another adult-use cannabis
license, to cannabis consumers.
Shall refer to any facility or location whose business operation,
and its principal use, includes the on-site smoking of electronic
cigarettes, vape pens, vapors, e-liquids, or other like substances,
not to include cannabis or cannabis products, commonly known by such
various terms as "bars," "lounges," or "cafes."
A single- or multi-stemmed instrument used by one or more
persons to smoke tobacco or another substance, which hookah pipe is
also commonly referred to as a "hookah," "water pipe," "shisha" or
"narghile."
A licensee that may act as a cannabis producer for the cultivation
of cannabis, a cannabis processor, a cannabis distributor and a cannabis
retailer under this article; provided such licensee complies with
all requirements imposed by this article on licensed producers, processors,
distributors and retailers to the extent the licensee engages in such
activities.
The consumption of cannabis in an area licensed by the Cannabis
Control Board. An on-site consumption license authorizes the acquisition,
possession, and sale of cannabis from the licensed premises of the
on-site consumption licensee to cannabis consumers for use at the
on-site consumption location.
To solicit or receive an order for, to keep or expose for
sale, and to keep with intent to sell, made by any licensed person,
whether principal, proprietor, agent, or employee, of any cannabis,
cannabis product, cannabinoid hemp or hemp extract product to a cannabis
consumer for any purpose other than resale.
Any person who sells at retail any cannabis product, the
sale of which a license is required under the provisions of this chapter.
"Retailer" means any person who sells at retail any cannabis product
to cannabis consumers. A retail dispensary license authorizes the
acquisition, possession, sale and delivery of cannabis from the licensed
premises of the retail dispensary by such licensee to cannabis consumers.
Refers to both:
The burning of a lighted cigar, cigarette, pipe or any other
matter or substance which contains cannabis, including the use of
an electronic smoking device that creates an aerosol or vapor; or
The inhalation of the smoke/liquid nicotine/vapors/water pipe
tobacco and other substances encased in electronic cigarettes, vape
pens, and pipes commonly known as "hookah," "water pipe," "shisha,"
and "narghile" or any similar device.
Any establishment which offers for sale or consideration
electronic cigarettes, pipes, vape pens, vapors, e-liquids, or other
like substances as a substantial or significant portion of its business,
merchandise and/or stock-in-trade.
[3]
Registration required. No cannabis, hookah, vaping, or vape
shop business shall operate in the Town of Evans unless and until
it has first filed a registration application in accordance with the
provisions of this chapter, has paid all fees required by this chapter,
received a special use permit, and has received licensing from the
state.
[a]
State license. An adult-use cannabis license from
the NYS Office of Cannabis Management shall be required for any cannabis
business or cannabis activity in which it is engaged. A business intending
to sell vapor products shall be required to have a certificate of
registration from the Department of Taxation and Finance.
[b]
Special use permit. Any proposal to place, construct
or modify a cannabis, hookah, vaping, or vape shop business in the
Town of Evans requires the issuance and approval of a special use
permit. All applications, plans, and documentation shall be submitted
to the Town of Evans Planning Board and Code Enforcement Officer with
site plan approval and special use permit review undertaken by the
Planning Board and special use permit approval by the Evans Town Board.
[c]
Registration application. Any applicant for a cannabis,
hookah, vaping, or vape shop business shall provide no less than the
following when submitting a registration application:
[i]
Completed special use permit application and checklist;
[ii]
Copy of NYSOCM Operating License or NYS Department
of Taxation and Finance certificate, if applicable;
[iii]
Business plan and written description of day-to-day
operations;
[iv]
An accurate and up-to-date real property survey;
[v]
Complete site plan showing any alterations to the
property;
[vii]
Sign application with all proposed building-mounted
and freestanding signs;
[viii]
SEQR Environmental Assessment Form (short form);
and
[ix]
Any additional materials requested by the Planning
Board during the review process.
[d]
Registration null and void. A registration shall
become null and void upon any of the following:
[i]
Relocation of the cannabis, hookah, vaping, or
vape shop business to a different location or premises;
[ii]
One year after the issuance of the special use
permit (SUP) unless renewed upon site inspection, at which time the
SUP shall be valid for a period of two years;
[iii]
Any attempt to assign, transfer or sell a registration
without Town approval; or
[iv]
Any violations of the terms or requirements of
this chapter.
[4]
Cannabis Overlay District. No cannabis business shall be permitted
outside of the Cannabis Business Overlay District as identified in
the Cannabis Business Overlay District Map.[1]
[1]
Editor's Note: Said map is included as an attachment to this chapter.
[5]
Operating regulations and conditions. A cannabis, hookah, vaping,
or vape shop business shall not create a nuisance to abutters or to
the surrounding area, or create any hazard, including, but not limited
to, fire, explosion, fumes, gas, smoke, odors, obnoxious dust, vapors,
offensive noise or vibration, flashes, glare, objectionable effluent,
or electrical interference, which may impair the normal use and peaceful
enjoyment of any property, structure or dwelling in the area.
[a]
Proximity to other uses. At a minimum, no cannabis,
hookah, vaping, or vape shop business shall be located within the
following distances from the specified land uses listed below:
[i]
Five hundred feet from any school or Town-owned
building.
[ii]
Two hundred feet from any place of worship.
[iii]
The Planning Board shall also consider distance
from other uses involving children when permitting the siting of cannabis
businesses, including, without limitation, libraries, playgrounds,
parks, martial arts and dance studios, houses of worship, pediatric
medical offices, toy stores, and comic book stores.
[b]
Hours of operation. Any business operating under
this chapter may open no earlier than 9:00 a.m. and shall close no
later than 9:00 p.m. on the same day, unless modified by the Planning
Board and specified in the special use permit.
[c]
Alcohol. The sale or consumption of alcohol on
licensed premises is prohibited, except for the sale of tinctures,
which is permitted provided all products sold on site comply with
applicable state rules and regulations.
[d]
Odor. Each business operating under this chapter
shall prevent the odor of tobacco or non-tobacco products from emanating
beyond the walls of the premises by utilizing appropriate air purification
systems and air scrubbers.
[e]
Outdoor smoking. There shall be no smoking outside
the premises of the business.
[f]
Facade treatments. Design of the cannabis, hookah,
vaping, or vape shop business shall not detract from the sense of
activity with opaque, unwelcoming facades at the ground floor. Where
interior activities must be screened from public view, such areas
should be screened by transparent, publicly accessible active business
uses where possible. Opaque facades should be minimized, and where
they are necessary they should include changing public art displays
or other measures to provide visual interest to the public.
[g]
Signage. The Planning Board shall be responsible for approval of all signage for businesses operating under this chapter, pursuant to Town Code § 200-29 "Sign regulations," balancing the need for a well-maintained, safe and attractive community and the need for effective business identification, advertising and communication.
[h]
Parking and traffic. Establishment of any business under this chapter shall not unduly interfere with the traffic patterns of the neighborhood. All parking shall be compliant with § 200-27.
[i]
Security barriers. All installations of any security
gate or barrier must be preceded by the issuance of a building permit
from the Building Department and must be in accordance with the standards
set forth by the New York State Uniform Fire Prevention and Building
Code and Town of Evans Planning Board, which shall be permitted to
consider aesthetics of the exterior.
[j]
Security. An application for a cannabis business
must include written and graphic documentation showing the proposed
facility will meet state standards, including but not limited to secure
premises, secure room, secure entry, security lighting, security alarm
systems, and video surveillance.
[k]
Buffer. For any cannabis, hookah, vaping, or vape
shop business that shall abut upon a residential-zoned parcel or any
parcel used for residential purposes, there shall be a buffer strip
five feet wide erected, planted and thereafter maintained on the plot
pursuant to Planning Board requirements, unless the Planning Board
shall require a greater or larger buffer strip.
[l]
Fire hazards. Smoking paraphernalia shall comply
with such safety measures as may be prescribed to minimize the risk
of fire associated with the use of such paraphernalia. Where smoking
paraphernalia requires the use of lighted charcoal or any other solid
or liquid flammable or combustible material, such material shall be
stored, handled, and disposed in a manner approved by the Town of
Evans Code Enforcement and Fire Department.
[m]
Drive-through. No drive-through services or sales
shall be permitted by any businesses operating under this chapter.
[n]
Disposal. Cannabis, tobacco, and similar waste
shall be stored, secured, and managed in accordance with applicable
state laws.
[6]
Host community agreement for cannabis businesses. The permit
holder of any cannabis business shall not operate, and the special
use permit will not take effect, until the applicant has negotiated
and entered into a host community agreement with the Town.
[7]
Inspections and compliance. The Town of Evans shall have the
right to request entrance into any business operating under this chapter,
during reasonable hours, for the purpose of conducting a physical
inspection of the premises to determine if the premises complies with
the requirements herein. Any cannabis, hookah, vaping, or vape shop
business shall at all times strictly comply with all the provisions
of this chapter.
C.
Design regulations.
[Amended 5-26-2010 by L.L. No. 1-2010; 5-2-2012 by L.L. No.
1-2012; 8-17-2016 by L.L. No. 5-2016; 4-18-2018 by L.L. No. 1-2018]
(1)
Minimum lot area: none. Exception: self-storage facility
minimum lot area: four acres.
(2)
Minimum width of a lot abutting a dedicated street:
100 feet.
(3)
Minimum yard setbacks for structures and parking,
loading and stacking areas:
|
Yard
|
Structures
(feet)
|
Parking, Loading and Stacking Areas
(feet)
| |
|---|---|---|---|
|
Front, from right-of-way of a dedicated street
Exception: self-storage facilities
|
30
300
|
15
20
| |
|
Side, abutting a nonresidential district
Exception: self-storage facilities
|
None; or, if separated, a minimum of 10
25
|
10*
| |
|
Rear, abutting a nonresidential district
Exception: self-storage facilities
|
15
25
|
10*
| |
|
Side and rear, abutting a residential district
Exception: self-storage facilities
|
25
50
|
25*
|
|
*NOTE: The entire area must be landscaped in compliance with § 200-28 of this chapter.
|
(4)
Side and rear setbacks abutting a residential structure,
self-storage facility: 100 feet.
(5)
Minimum interior building separation: 30 feet.
(6)
Minimum square feet of interior building storage space: 10,000 square
feet.
(7)
Maximum building height: 50 feet. Exception: for self-storage facilities,
35 feet.
(9)
Enclosure. All principal and accessory uses, except signs, landscaping
and off-street parking, loading and stacking, shall be conducted within
completely enclosed structures. The outdoor sale of merchandise shall
require a permit from the Building Department.
[Added 2-15-2023 by L.L. No. 3-2023]
A.
Introduction.
(1)
Purpose. In accordance with the Town's Comprehensive Plan and
vision statement, these General Business, Neighborhood Business, and
Motor Services Districts Design Standards will steer the Town's future
growth; plan for the physical design of the community's commercial
corridors; and reinforce the Town's unique aesthetics. These design
standards will provide specific guidance and requirements for developments
located in the General Business (GB), Neighborhood Business (NB),
and Motor Services (MS) Districts. These standards will ensure that
incoming businesses are consistent with the unique character of the
community, consistent with the community's vision for the future,
and do not encroach negatively upon existing uses. These standards
are intended to provide project developers and the Town with requirements
and guidance for the design of new and redeveloped commercial projects.
They are intended to promote high-quality development and design,
and to foster economic growth throughout the districts.
(2)
Districts established. The Town of Evans General Business (GB)
District, Neighborhood Business (NB) District, and Motor Services
(MS) District are established as depicted on the Town's Zoning Map.
The regulations herein establish the desired site design, form, massing,
and architectural style for the GB, NB, and MS Districts. There is
a need for clear standards that meet the community's goals and objectives
- as outlined in the Comprehensive Plan - while allowing for flexibility
and creativity. These regulations will provide the necessary framework
for high-quality development and flexible design alternatives.
(3)
Conflicts and compliance with other regulations. All development
must continue to maintain compliance with all applicable codes and
regulations, including, but not limited to, the Building Code of New
York State.
(4)
Applicability, review, approval and permit process. These regulations shall apply, in whole or in relevant part, to all applications commenced from the date of adoption by the Evans Town Board. Further, nonconforming uses must be brought into compliance as required by § 200-30 of the Town Code.
(a)
All references to the "standard(s)" or "guideline(s)" refer
to these General Business, Neighborhood Business, and Motor Services
Districts design standards and guidelines unless otherwise stated.
(b)
A standard can be identified by the use of "shall or must" to
describe the action taken. A standard is an objective intended to
be fully met. However, a standard may be varied by the Planning Board
where it finds that the objectives of this section can be met in an
alternative manner or that a standard is not deemed appropriate for
a specific project.
(c)
Any alterations to legal nonconforming parcels must result in closer conformance to current zoning and to these standards. Exceptions to this include single-family or two-family residential on a single lot, and agricultural uses, where allowed. A site plan shall be required for any developments, alterations, and or/modifications as described in § 200-42. Site plans must also include:
B.
Character descriptions and design objectives. The districts are diverse in both density and style. Development within the districts should complement the existing character of the area the development is occurring within and align with the future vision of the community as described within the Town's Comprehensive Plan. These standards will help guide future development toward the community's desired vision. The character styles and design objectives presented below are included to assist with the interpretation and administration of the regulations described in § 200-21.1.
(1)
Country character. The eastern portion of the Town is characterized
by its rural, small-town atmosphere. The area is rural in nature,
and exhibits a low-density "country character," as described in the
Comprehensive Plan. Commercial development near the Eden/Angola Interstate
90 entrance and along Route 20 should be designed to fit and be compatible
and complementary of the area's rural nature.
(2)
Transitional character. Travelling along Route 5, commercial
development is interspersed along the corridor and present primarily
at intersections, such as Sturgeon Point Road, Beach Road, and Commercial
Street. These areas serve as commercial transitions between the waterfront
neighborhoods, the Highland-on-the-Lake commercial corridor, and the
inland rural community. As such, these transitional areas should capture
the character of the existing area combined with elements of the waterfront
and rural communities.
(3)
Highland-on-the-Lake character. Highland-on-the-Lake is a U.S.
census-designated place and one of the Town's most developed areas.
The commercial corridor along Route 5 is geared toward car-centric
behavior and consists of typical suburban-style development. Residential
development is also prevalent, with approximately 42% of the Town's
population living in this area. Commercial developments will aim to
retain the area's suburban character while encouraging high-quality
site design and planning. Consideration for the public realm must
be given, and pedestrian geared amenities must be considered to create
connectivity between commercial and residential uses.
(4)
Design objectives. To achieve the desired character described
above, the following design objectives have been included to assist
with the interpretation and administration of these standards:
(a)
Ensure that development throughout the corridor enhances, retains
and aligns with the distinctive character styles present within the
districts, fostering a cohesive sense of identity.
(b)
Ensure that development and redevelopment occurs in a manner
that utilizes and encourages high-quality design for buildings and
sites.
(c)
Development and redevelopment should be designed in a way that
encourages multimodal transportation, considering the health, safety,
and welfare of all users.
(d)
Encourage development and redevelopment that allows for diversity
and includes a mix of uses and services that promote livable communities
for all ages, abilities and income levels.
(e)
Landscaping and amenities will be utilized and incorporated
into site design to improve community aesthetics; screen utilities,
parking and other adverse views; provide shelter from the elements;
and enhance the public realm.
(f)
Whenever possible, natural vegetation and open space should
be preserved to the greatest extent possible to provide a natural
buffer between differing uses situated within the district and to
maintain and improve the aesthetic quality of the community.
(g)
Property maintenance and safety shall be promoted throughout
the community to provide a prosperous and inviting area for public
activity.
C.
Buildings and design.
(1)
Buildings, lot sizes, and setbacks. The density and mass of
commercial development contributes greatly to the Town's aesthetic
and the character of the community. The following regulations will
control for size and scale to manage growth in a way that is consistent
with the character of the surrounding areas.
(a)
The site design shall demonstrate architectural compatibility
of buildings on the site, with consideration given to the appearance
and style of surrounding uses.
(b)
All building facades that would be visible from roadways, parking
areas or adjacent sites shall be architecturally designed to enhance
aesthetic appearance.
(c)
Buildings designed to advertise or promote a uniform corporate
image shall be subject to review and approval by the Planning Board.
(2)
Windows. Windows are important features to the overall design
of a building. They should be of a scale and proportion appropriate
to the overall architectural style of the building and in character
with the surrounding buildings and sites.
(a)
Windows shall be of a scale, proportion and extent appropriate
to the overall architectural style of the building.
(b)
Window openings shall be trimmed with an appropriate material
(brick, stone, wood, wood-like, cementitious board) to provide added
definition to the overall facade.
(c)
The rhythm and ratio of solids to voids for building additions
and expansions shall be complementary to the primary building and
consistent with the area character.
(d)
At street corners, public spaces and along pedestrian walks,
commercial building storefront windows shall continue with the building
corner and provide enhanced transparency and added architectural interest
to the first floor.
(e)
Windows shall be made of shatterproof glass.
(f)
Reflected glass is discouraged, but may be allowed at the Planning
Board's discretion.
(3)
Building entry. The placement and design of a building's entrance
contributes to streetscape rhythm and the overall character of the
surrounding corridor.
(a)
Primary building entries shall be oriented to and shall be accessible
from a primary street.
(b)
Buildings fronting two streets shall have a primary entry on
either the primary street or at the corner facing the intersecting
streets.
(c)
Primary entrances shall be prominently designed and constructed
to provide visual cues to pedestrians independent of site or building
signage.
(d)
Building entries shall be designed and constructed to be complementary
of and enhance the rhythm of the existing streetscape.
(e)
All entries shall be designed as an important feature and visual
cue of the building facade.
(f)
Doors and entryways shall be of a scale, proportion and coverage
appropriate to the overall style of architecture of the building.
(g)
Commercial buildings shall have a transparent primary entry.
Nontransparent primary entries may be considered, subject to the discretion
of the Planning Board.
(h)
Primary entries shall be detailed and highlighted through the
use of trim, moldings, overhangs and/or other defining architectural
features such that its purpose as the primary entrance is evident
from the street. Similar treatment is encouraged for all entryways
near parking locations.
(4)
Roofs. Roofs, cornices, eaves, overhangs, and parapets are crucial
components of a building facade. They shall be designed to be consistent
with the character of the Town.
(a)
Pitched roofs shall be used to keep consistent with the Town's
character.
(b)
Flat roofs may be permitted on roofs greater than 10,000 square
feet, subject to the discretion of the Planning Board. Flat roofs
shall be required to utilize architectural features, such as parapets,
to create the appearance of a pitched roof.
(c)
Rooftop mechanics shall be screened from public view by the
use of architecturally compatible materials and components.
(d)
Elements that define the roof and the upper quartile of the
facade shall incorporate design details that provide an added level
of detail and articulation to the architectural expression of the
building.
(e)
Rooflines shall be in character with the overall architectural
style of the building and those vernacular to Western New York State.
For example, gable, gambrel, mansard, shed, and hip roofs are common
within the region.
(f)
Decorative features, such as cornices, are encouraged to be
used to differentiate and enhance the vertical composition of the
building facade.
(g)
The use of awnings, canopies, recessed entries and other design
elements is encouraged to define the first floor and provide shelter
to entryways.
(h)
Overhangs and canopies shall be architecturally consistent with
or complementary to the remainder of the building.
(5)
Building materials. Building materials are a defining characteristic
of a building and have the ability to enhance or alter the character
of the surrounding area.
(a)
Building materials shall be durable and suitable for the design
in which they are used.
(b)
Changes in materials shall occur at inside corners. Material
or color changes at the outside corners or within a plane is not permitted.
(c)
The front facade of any building is encouraged to be constructed
primarily of brick, split block, stone, or wood frame with cedar or
lap siding. The Planning Board may determine other materials as appropriate
at their discretion.
(d)
The following factors must be considered in determining whether
or not a particular finishing material is acceptable:
(f)
Buildings shall be designed to eliminate long expanses of blank
walls of a single color or texture.
(6)
Building base and foundations. Building bases must visually
highlight the connection between the structure and the site.
(a)
A formal building base shall be used to distinguish from the
upper portions of the structure through a change of materials, color,
texture and/or projection.
(b)
The base treatment shall be continuous along facades facing
streets and parking areas.
(c)
The building base shall be included on all primary facades and
shall complement the architectural style and window and door fenestrations.
(d)
Foundations of masonry block or poured concrete shall not be
left exposed and shall be adorned with appropriate finishing materials
in character with the structure base and vernacular to the region.
(7)
Projects with multiple buildings and uses. Larger developments
with multiple structures must create a unique sense of place. Mixed-use
developments are encouraged.
(a)
Multiuser structures must be designed in such a way as to avoid
the appearance of strip plaza development.
(b)
Up to 50% of the gross floor area of a structure may be dedicated to dwelling units to encourage mixed-use developments as indicated in § 200-20B(2)(b). Mixed-use developments with residential components must comply with the following standards:
[1]
Fire escapes shall be located on side and rear
yards only.
[2]
The enclosure of existing front porches, other
than through the use of transparent glazing, is not permitted. Window
and door openings shall not be filled in such that the resulting facade
lacks a consistent solid to void ratio.
[3]
New construction or adaptive reuse projects shall
not create large, undifferentiated walls with few to no windows or
door openings facing a street, drive, or parking area.
[4]
Principal and shared pedestrian entrances for ground
floor residential units shall face the primary street and have a direct
connection to the sidewalk system.
[5]
Individual residential units with principal entrances
at ground level shall have front porches or entryways that are covered,
elevated above grade, or otherwise distinguished to provide visual
separation from the street.
(c)
Projects with multiple buildings shall comply with the design
standards set within this document and with the following additions:
[1]
Lots with multiple buildings must include pedestrian
connections between adjacent uses, structures and parking areas.
[2]
Multiple buildings shall create a well-organized,
accessible, functional site. The site layout should create a sense
of place without large parking lots devoid of landscaping or pedestrian
accommodations.
[3]
Common or shared parking facilities and access
for projects with multiple buildings shall be required to the extent
practical or feasible, as determined by the Planning Board, to decrease
the amount of impervious surface, increase open space and reduce curb
cuts.
D.
Site layout and design.
(1)
Pedestrian and vehicular circulation. Pedestrian and motorists
shall be afforded safe, convenient and efficient circulation.
(a)
Pedestrian and vehicular circulation patterns shall be designed
to minimize potential conflicts between vehicles and pedestrians and
to provide enhanced separation.
(b)
Safe, convenient and efficient pedestrian circulation patterns
shall be provided between structures in a multiple structure development.
(c)
Parking and vehicle circulation patterns shall be designed to
reduce speeds and increase pedestrian safety, efficiency, and convenience.
(2)
Sidewalks. Sidewalks must provide safe pedestrian movement along
building and within parking areas.
(a)
Sidewalks shall have a minimum width of four feet (§ 175-15), or wider at the discretion of the Planning Board.
(b)
Sidewalks shall be constructed with side parking to provide
access from all principal building entrances to the sidewalk system
and parking areas.
(c)
As necessary, sidewalks shall traverse parking lot medians,
end islands and between buildings to permit safe and efficient pedestrian
travel.
(d)
Sidewalks measuring no less than five feet in width shall be
installed within the right-of-way frontage of the property to allow
for adequate pedestrian activity.
(e)
Sidewalks or paths should be included as a part of site design
to assist with walkability. Where sites are adjacent to municipal
sidewalks, they shall be connected with them.
(f)
Pedestrian walkways shall be constructed of concrete or decorative
brick or similar materials. The use of blacktop is prohibited.
(g)
Walkways located within parking areas shall be properly striped
or otherwise delineated.
(3)
Driveways and access. The use of shared drives and cross access
improves corridor vitality, mobility, and safety.
(a)
Shared entrances and exits shall be provided where determined
appropriate and feasible by the Planning Board.
(b)
Absent a showing by the applicant of impracticality, the provision
for cross access among adjacent properties shall be required to internalize
traffic and reduce turning movements directly onto the street.
(c)
New construction or improvements shall plan for, accommodate,
and/or reserve land for future connections with adjacent properties
to facilitate cross access.
(d)
A designated four-foot-wide side yard curbed sidewalk shall
be provided between the edge of entry drives and the principal building.
(4)
Parking. Parking areas shall be integrated with the design components of the buildings and sites of the surrounding area. They should not detract from the character or aesthetic of the Town. Parking regulations can be found in § 200-27 of the Town's Zoning Code.
(a)
Parking shall be located on the sides and/or rear of the business.
The Planning Board may consider modifying parking minimums or lot
requirements if parking is sited in the rear of the building.
(b)
Parking areas shall be designed to safely allow pedestrians
to traverse the space.
(c)
Improvements regarding bicycle parking and electric vehicle
charging facilities must be considered.
(d)
The needs of pedestrians and shoppers, and the overall character
of the community, shall be considered through the appropriate placement
and design of parking areas, points of ingress and egress, alleys
and walkways.
(e)
Site designs shall avoid expansive areas of pavement and excessive
curb cuts, unless deemed necessary for the general safety and welfare
of the community.
(5)
Lighting. The design and aesthetic of lighting fixtures can
greatly contribute to the overall feel and functioning of an area.
(a)
All lighting fixtures must be dark sky compliant.
(b)
Downlighting and uplighting may be used at the discretion of
the Planning Board to accent landscaping and architectural features
but must be located, aimed and shielded to minimize light spill.
(c)
Lighting fixtures must be selected, located, aimed, and shielded
so that direct illumination is focused exclusively on the building
facade, plantings, and other intended site features and away from
adjoining properties and the street.
(6)
Landscaping and screening. Landscaping should enhance and screen
views along the street and public spaces. It shall maximize the visual,
aesthetic, and overall experience of the corridor users through appropriately
scaled and designed landscaping.
(a)
Site landscaping.
[1]
All existing trees larger than eight inches in
diameter, as measured three feet above grade, shall not be removed
without prior Planning Board approval. All groups of trees and other
natural vegetation shall be incorporated onto the landscaping plan
where feasible. Efforts shall be made to preserve these features.
[2]
Site landscaping shall be required along all property
boundaries, except: i) where side yards are less than three feet;
ii) where front yards are less than six feet; or iii) where approved
shared parking lots adjoin abutting properties.
[3]
Plantings shall be limited to species native, hardy,
salt tolerant, known to be noninvasive to the area, and deer resistant.
Significant deviations from this criteria must by supported by ample
evidence by the applicant.
[4]
On all lots that do not have an existing vegetated
buffer along the rear lot line, the applicant shall vegetate this
area with new shrubs and trees, and natural berming or screen fencing
at the discretion of the Planning Board.
(b)
Buffering and screening.
[1]
Buffer plantings of coniferous/deciduous trees
and shrubs, with fencing where appropriate, shall be provided along
property boundaries adjacent to properties to a density and height
deemed appropriate by the Planning Board.
[2]
The use of individual coniferous trees without
associated shrub plantings is not an approved buffer strategy.
[3]
Loading, service, maintenance, and refuse facilities
must be screened from view from all streets and surrounding properties.
[4]
Parking must be screened from view from the street.
(c)
Stormwater and green infrastructure.
[1]
Visible stormwater detention or retention ponds
are not permitted in front yards.
[2]
All stormwater management facilities and green
infrastructure facilities shall be hidden or otherwise must provide
a pleasing aesthetic complementary to the desired character as previously
described.
[3]
All green infrastructure design elements, including
plantings and pavements, shall be regularly and well maintained to
promote their proper and intended function.
(7)
Loading, service, maintenance and refuse facilities. Views of
utility, loading and refuse areas must be obscured from adjacent areas
so as not to take away from the visual aesthetics of a given area.
(a)
Loading docks, bays, and staging and service areas shall be
located to the rear of the structure. Side loading areas may be approved
at the discretion of the Planning Board with approved screening.
(b)
When the rear of a structure abuts a street or residential zone,
loading areas shall receive appropriate screening.
(c)
The storage and/or staging of refuse shall take place in the
rear yard and shall be buffered or screened from view from parking
facilities, adjacent properties and all streets.
(d)
All refuse appurtenances, equipment and containers shall be
located within a four-sided enclosure constructed of wooden or another
style of fencing acceptable to the Planning Board. Such enclosure
shall be constructed to a height not less than one foot above the
height of all elements within the enclosure. These structures shall
not be located less than 20 feet from adjoining residential properties.
(e)
Materials used for maintenance and refuse facilities should
be complementary of, or the same as, the materials used for the primary
building.
(f)
Ground level mechanical equipment shall be fully screened from
public view through the use of landscaping, fencing or other design
treatments compatible with the buildings.
(8)
Outdoor elements. Outdoor elements include outdoor displays,
storage and dining facilities. Outdoor displays refer to the display
of products actively available for sale outside of a building. This
does not include merchandise or material in boxes, in crates, on pallets
or other kinds of shipping containers, propane gas storage racks,
ice storage bins, soft drink or similar vending machines, which would
be considered outdoor storage. Special consideration may be given
to seasonal operations at the discretion of the Planning Board.
(a)
Outdoor displays are permitted in association with any permitted
nonresidential principal ground floor use in accordance with the following
provisions:
[1]
Outdoor displays must be removed and placed inside
a fully enclosed building at the end of each business day.
[2]
Outdoor displays are permitted adjacent to the
primary facade with the principal customer entrance but cannot extend
more than eight feet from the facade and occupy no more than 30% of
the horizontal width of the facade.
[3]
Outdoor displays cannot impair the ability of pedestrians
to use the sidewalk or parking areas and must comply with ADA clearance
and accessibility.
(b)
Outdoor storage may be permitted at the discretion of the Planning
Board. The Planning Board will determine where outdoor storage may
be allowed on the site, and its extent (vertically and horizontally)
must be shown on the site plan. This includes:
[1]
Outdoor storage is the storage of products or materials
outside of a building.
[2]
Outdoor storage includes the overnight outdoor
storage of vehicles awaiting repair, RVs and boats, garden supplies,
building supplies, plants, fleet vehicles and other similar merchandise,
material, vehicles, or equipment.
[3]
Outdoor storage further includes merchandise or
material in boxes, in crates, on pallets or other kinds of shipping
containers, propane gas storage racks, ice storage bins, soft drink
or similar vending machines.
(c)
Seasonal outdoor seating. Seasonal outdoor seating shall be
designed to promote and protect public health, safety and welfare.
[1]
The seasonal outdoor seating area must be separated
from any public or private area used for the parking or movement of
automobiles by a buffer of at least 10 feet in width or an appropriate
DOT approved anti-ram vehicle barrier.
[2]
Seasonal outdoor seating shall be contained wholly
within the property lines of the establishment.
[3]
Tables, chairs, umbrellas, awnings, barriers and
any other structures or objects associated with seasonal outdoor seating
shall be of quality design, materials, workmanship and construction,
both to ensure the safety and convenience of users and to enhance
the visual and aesthetic quality.
(9)
Signs. These provisions are aimed at creating a more pleasant and uniform visual setting and eliminating the chaotic and haphazard design, orientation and placement of signage that can result in scenic blight. Signage must be designed at a human scale and in relation to a walkable commercial district. All signage shall comply with the standards outlined in § 200-29 of this chapter.
(a)
No sign shall be erected in such a manner as to obstruct free
egress from a window, door or fire escape or so as to become a menace
to life, health or property.
(b)
No sign shall be erected in such manner as to prevent the driver
of any vehicle from having a clear and unobstructed view of any official
sign(s), any entrance or exit roadway, any intersection, or approaching
or merging traffic.
(c)
Proposed signage shall be considered in conjunction with existing
signage in the vicinity to insure compatibility with existing conditions
and adherence to the intent of this district.
(d)
Signs shall be internally lit; no neon lighting or backlit canopies
shall be permitted.
(e)
Ground level/monument signage is recommended.
(f)
Awning and unlit canopy signs shall contain only the name, logo
and street number of the enterprise.
(g)
The appearance and placement of signage shall be subject to
Planning Board discretion as part of the site plan review process.
A.
Intent. It is the intent of the Motor Vehicle Service
District to establish limited areas within the Town for the location
of commercial uses designed to provide vehicular-related goods and
services.
B.
Permitted uses. The following uses are permitted in
the Motor Vehicle Service (MS) District:
(1)
Principal structures and uses.
(a)
Warehousing and storage facilities.
(b)
Tire, battery and other automotive parts and
accessories and sales.
(c)
Gasoline service stations and truck stops (special
use permit required).
(d)
New or used automobile, farm equipment, boat
and trailer sales, rental, repair and services (special use permit
required).
(e)
Motor vehicle washings (special use permit required).
(f)
Any structure and/or use permitted in the General Business (GB) District.
[Added 8-5-2020 by L.L. No. 4-2020]
(2)
Accessory structures and uses.
(a)
Uses and structures customarily incidental to
the above.
(c)
Off-street parking, loading and stacking spaces or structures, as permitted and regulated in compliance with § 200-27 of this chapter.
(e)
Restaurants and restaurant services.
[Added 11-1-2006 by L.L. No. 10-2006]
(f)
Convenience store.
[Added 1-16-2013 by L.L. No. 1-2013]
(g)
Finance, insurance, legal, real estate services and travel agencies.
[Added 2-3-2016 by L.L.
No. 1-2016]
C.
Design regulations.
(1)
Minimum lot area: one acre.
(2)
Minimum width of lot abutting a dedicated street:
100 feet.
(3)
Minimum yards for structures and parking, loading
and stacking areas:
|
Yard
|
Structures
(feet)
|
Parking, Loading and Stacking Areas
(feet)
|
|---|---|---|
|
Front, from right-of-way of a dedicated street
|
60
|
20*
|
|
Side and rear, abutting a residential district
|
50
|
25*
|
|
Side and rear, abutting a nonresidential district
|
25
|
10*
|
|
*NOTE: The entire area must be landscaped in compliance with § 200-28 of this chapter.
|
(4)
Minimum interior building separation: 30 feet.
(5)
Maximum structure height: 35 feet.
A.
Side yard on corner lots. The shorter line abutting
a street on a corner lot is the front lot line. The width of the side
yard setback on the street shall be not less than the front yard setback,
and the interior side yard shall comply with the minimum regulations
for the district.
B.
Lighting. Lighting facilities shall be arranged so
that adjoining properties and streets are protected from glare and
hazardous interference of any kind. In no instance shall lighting
standards exceed 25 feet in height.
C.
Enclosure of waste materials. All waste materials,
including garbage and trash, shall be stored in covered containers
in a screened or enclosed area.
D.
Supplemental front yard regulations in Neighborhood
Business (NB) and General Business (GB) Districts. Where 50% or more
of the aggregate street frontage on one side of a street between the
two successive intersecting streets is occupied by the buildings of
the type and use permitted in the district, the minimum front yard
of a lot to be developed shall be the average setback distance of
existing buildings on the lots on either side.
E.
Minimum building separations. Exception where a greater
requirement has been established under the regulations for the district,
separated buildings within the business districts shall not be located
within 10 feet of each other.
F.
Outdoor display of merchandise.
