[Added 8-9-2006 by Res. No. 126-2006]
A. 
The purpose of this article is to allow a diversity of land uses in close proximity within a limited area; the standards contained herein are intended to protect the health, safety and welfare of the public by preventing or reducing distracting visual clutter associated with developments along the major thoroughfares in the Town; to establish controls which will facilitate development by setting regulations within the corridor and set other district-wide requirements while permitting flexible development scale and configuration on individual lots within the corridor; to allow a broad set of land uses within the corridor; and to encourage development of appropriate density for all classes of land use.
B. 
The standards achieve the stated intent and purpose by addressing the following characteristics of development: buffer and landscaping, access, lighting, outdoor storage, architecture and signage.
C. 
In addition to standards contained in this article, all other applicable regulations in the Code shall apply.
D. 
Unless otherwise specified in the ordinance creating the corridor, when any lot or use is located partially within the corridor, the remainder of the lot or use shall not be subject to the provisions of this article.
The following three classes of Highway Corridor Overlay District (HCOD) are established:
A. 
Miracle Mile Overlay District (MMOD).
B. 
Watkins Road NYS Route 14 (WROD).
C. 
NYS Route 13 (NYS13OD).
These overlay district regulations shall be superimposed over, and supplement, the underlying restrictions. Each use must conform to the development standards required by the underlying zoning district and other provisions of this chapter, as well as the overlay district, and the more stringent standards shall apply. Where the HCOD authorizes uses not otherwise allowed in the underlying district, the provisions of the HCOD shall control.
Three areas of the Town shall be subject to the overlay zone, as follows:
A. 
Miracle Mile from the northerly boundary of the Mark Twain Golf Course north to Village of Horseheads (MMOD).
B. 
NYS Route 14 Watkins Road from Village of Horseheads to Town of Horseheads northerly boundary (WROD).
C. 
NYS Route 13 from I-86 interchange to Town of Horseheads northerly boundary (NYS13OD).
A. 
Miracle Mile Overlay District (MMOD):
(1) 
Restaurants, including, but not limited to, full-service, drive-up, drive-in, and drive-through.
(2) 
Retail shopping.
(3) 
Garden center.
(4) 
Banks/credit unions.
(5) 
Offices, including but not limited to professional, travel, medical, and dental.
(6) 
Convenience store.
(7) 
Video rental stores.
(8) 
Car wash.
(9) 
Motor vehicle sales or Service.
(10) 
Fuel-dispensing facilities.
(11) 
Mortuary, funeral chapel and wedding chapel.
B. 
Watkins Road NYS Route 14 (WROD):
(1) 
Restaurants, including, but not limited to, full-service, drive-up, drive-in, and drive-through.
(2) 
Retail shopping.
(3) 
Garden center/nursery.
(4) 
Banks/credit unions.
(5) 
Offices, including but not limited to professional, travel, medical, and dental.
(6) 
Convenience store.
(7) 
Video rental store.
(8) 
Car wash.
(9) 
Motor vehicle sales or service.
(10) 
Fuel-dispensing facilities.
(11) 
Mortuary, funeral chapel and wedding chapel.
C. 
NYS Route 13 (NYS13OD):
(1) 
Restaurants, including, but not limited to, full-service, drive-up, drive-in, and drive-through.
(2) 
Retail shopping.
(3) 
Garden center/nursery.
(4) 
Banks/credit unions.
(5) 
Offices, including but not limited to professional, travel, medical, and dental.
(6) 
Convenience stores.
(7) 
Video rental stores.
(8) 
Car wash.
(9) 
Motor vehicle sales or service.
(10) 
Fuel-dispensing facilities.
(11) 
Truck stops.
(12) 
Hotels and motels.
(13) 
Mortuary, funeral chapel and wedding chapel.
(14) 
Manufacturing.
(15) 
Warehousing.
(16) 
Shopping center.
(17) 
Any other nonresidential use not listed above, except adult uses as defined under Chapter 60, Adult Uses.
A. 
Aesthetic and architectural features. The intent of the following design standards and provisions is to enhance the appearance of the built environment. By adding design detail, you can improve the character and appeal of the community. These improvements, in turn, can result in increased investment in the commercial districts, enhancement of property values, and overall enrichment of the quality of life in the area.
(1) 
All new buildings shall be set back not less than 25 feet nor more than 35 feet from the property line fronting on any street. Parking shall not be allowed within this area, only driveway access.
(2) 
A yard area measuring a minimum of five feet shall separate any proposed parking area from the side and rear property line; exception may be made in the case of a continuous building which provides for private or unitized ownership.
(3) 
In the MMOD and WROD only, windows shall cover a minimum of 35% of any facade facing a roadway but not exceed 75% of this area.
(4) 
Refuse dumpsters or containers shall be located at the rear of the property and shall be properly gated and screened from view with wooden or other style of fencing acceptable to the Planning Board. These structures shall be located not less than 20 feet from adjoining residential properties.
(5) 
Loading areas shall not face the roadway.
(6) 
Flat roof structures are discouraged. Flat roofs shall be prohibited on buildings measuring less than 10,000 square feet.
(7) 
Rooftop mechanicals shall be screened from the public view by the use of architecturally compatible materials and components.
(8) 
Ground level mechanicals shall be fully screened from public view through the use of landscaping, fencing, or other design treatments compatible with the buildings. Ground level mechanicals shall be located on site to provide the least impact on neighboring residential uses.
(9) 
Site design shall demonstrate architectural compatibility of buildings on the site, with consideration given to the appearance and style of surrounding uses.
(10) 
All building facades visible from roadways, parking areas or adjacent sites shall be architecturally designed to enhance the aesthetic appearance.
(11) 
In the MMOD and WROD only, buildings shall be designed to eliminate long expanses of blank walls of a single color or texture.
(12) 
The front facade of any building in the MMOD or WROD shall be constructed of brick, split-rock stone, stucco, or wood frame with cedar, lap or vinyl siding or other materials acceptable to the Planning Board. The use of concrete block, cast-in-place concrete, cinder block, or metal buildings is prohibited.
(13) 
Buildings designed to advertise or promote a uniform corporate image shall be subject to the review and approval of the Planning Board.
(14) 
In the MMOD and WROD only, multiuser structures must be designed in such a way as to avoid the appearance of strip plaza development.
(15) 
In addition to any other site plan review requirements, elevations (minimum front and sides) and an architectural rendering with detailed drawings of facade treatments and selected building materials, specific to the proposed site, shall be submitted to the Planning Board for review and approval.
(16) 
Outdoor storage shall be prohibited except by special approval of the Planning Board.
(17) 
In the MMOD only, sidewalks measuring no less than four feet in width shall be installed to allow for adequate pedestrian activity. (Sidewalks, may be allowed within the right-of-way, with approval of either the state or county.)
(18) 
In the MMOD only, sidewalks or paths should be included as part of site design to assist with walkability.
(19) 
In the MMOD and WROD only, pedestrian walkways shall be provided between buildings on a single site. Walkways shall also be incorporated into cross-access points.
(20) 
Pedestrian walkways shall be constructed of concrete or decorative brick or similar material, including walkways within parking areas. The use of blacktop is prohibited, unless of a printed or stamped design.
(21) 
Walkways located within parking areas shall be properly striped or otherwise delineated.
(22) 
In the MMOD, sidewalks shall be included along the extent of the frontage of the premises or may be incorporated in the site design to allow continuous pedestrian traffic from property to property through the HCOD.
(23) 
The maximum lot size for a business use in the MMOD in the area south of the Town Park and west of NYS Route 14 shall be one acre with a minimum frontage of 150 front feet on NYS Route 14.
B. 
Off-street parking. For off-street parking regulations, see Article XVI.
C. 
Landscaping; general. Landscaping and the preservation of natural vegetation facilitates the creation of an attractive and a harmonious community. The intent of these standards and provisions is to preserve and create a healthful and pleasant setting that relieves the stark appearance of the built environment. Encouraging the aesthetic improvement of site development through the use of trees and plantings can result in the overall improvement of scenic quality and the stabilization and enhancement of property values and the business environment.
(1) 
All open space area, including front and side setback areas, shall be landscaped.
(2) 
All landscaped areas required or permitted by this article shall be reviewed by the Planning Board.
(3) 
All landscaped areas required or permitted by this article shall be maintained and preserved according to the plan as originally approved or amended by the Planning Board. Flora that dies shall be replaced within the next planting season with plants of a similar nature.
(4) 
Parking, loading and stacking areas and driveways located adjacent to residential districts shall be landscaped by screening and/or buffering. Such screening and/or buffering shall be so designed that a person standing on the adjacent residential parcel on the minimum setback line, at the average finished grade, would not be able to perceive by eye any uses, activities or automobile lights originating from these areas or driveways. This may be accomplished through the use of various measures such as fencing, planted materials, earthen berms or any combination thereof. Such measures shall be applied within the required rear and side yards.
(5) 
The Planning Board, as part of site plan review, may reduce the minimum number of off-street parking places required by not more than 10%, provided that the land areas so removed are not used to meet landscaped area herein required and are used exclusively for additional landscaping or open space. If at any time thereafter the Planning Board determines that the land area so removed is needed to provide necessary off-street parking, it may order installation thereof. Any certificate of occupancy issued for any parking area and the building serviced thereby shall be deemed conditional upon the possible requirement for the future installation of additional parking, upon such order of the Planning Board. Failure to comply with such an order within the time fixed thereby shall constitute a violation of this article.
D. 
Site lighting.
E. 
It is the intent of these standards and provisions to define the lighting equipment and design criteria that minimize the causes of sky glow, light trespass and glare while providing a comfortable, visually effective, energy-efficient and safe/secure outdoor environment. The purpose of these standards is to ensure that outdoor lighting does not interfere with the reasonable use and enjoyment of property, and to encourage efficient and compatible lighting practices. These regulations are also intended to provide for the safe movement of traffic, for satisfactory vision for pedestrians and for the guidance of both vehicles and pedestrians.
(1) 
Therefore, outdoor lighting fixtures utilized for lighting parking areas, sidewalks, roadways, buildings and structures, recreation and landscape areas shall be designed to improve safety, and to minimize glare and light trespass. Lighting shall be contained on the site using shielded fixtures, full cutoff, recessed, flush lenses, or comparable standards so as to protect the public from exposure to the direct light of the fixture and to minimize the amount of light that is directed to the sky.
(2) 
Spacing of poles shall be designed such that the luminance on the ground is uniform to the greatest extent practicable.
(3) 
Lighting of building facades is allowed so long as shielded and directional fixtures are used.
(4) 
The following are exempt from the provisions hereof:
(a) 
Holiday lighting.
(b) 
The lighting of the American flag. Fixtures must be installed and aimed so as to minimize glare, sky glow and light trespass.
(c) 
Emergency lighting used by police, fire-fighting or medical personnel, at their direction, for as long as the emergency exists.
(d) 
Temporary lighting such as used at construction sites or other uses of a temporary nature. However, temporary lighting shall be aimed so as to minimize glare and light trespass to adjacent properties and turned off upon completion of the project.
(e) 
Lighting for Town, county, state or federal highways.
(5) 
Light poles and all fixture types shall not exceed 30 feet in height above the average grade around the structure.
(6) 
In the MMOD only, lighting along roadways shall be decorative with a consistent design.
(7) 
Lighting levels shall be reduced to security levels within one hour after the close of the business or the end of the business activity.
F. 
Waivers from these provisions may be granted by the Planning Board upon documentation that meeting the specific provisions hereof would result in an unsafe condition, impede normal operations or inflict undue hardship.
G. 
Signage. The intent of the following standards and provisions is to protect and improve property values, create a more attractive economic and business environment and reduce distractions and obstructions that can disrupt the visual appeal of a commercial district. 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.
(1) 
Any freestanding sign in the HCOD shall be low-profile, ground-level monument-type signage which shall not exceed the following:
[Amended 9-12-2012]
(a) 
Monument sign: 120 square feet per face maximum; 15 feet tall. For good cause, the Town Planning Board may, upon site plan review, increase the height of the sign above grade level to 20 feet.
(b) 
Low-profile sign: 150 square feet per face maximum; eight feet tall with a two-foot-tall base under the full length of the sign.
(2) 
No sign shall be erected in such a 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.
(3) 
Street address numbers shall be posted on all buildings.
(4) 
No signs shall be placed, inscribed or supported on the roof or above the highest part of the roofline.
(5) 
Off-premises digital advertising signs. Off-premises signs are an important form of advertising for local and extra-local businesses. However, they are not appropriate in every zoning district. Therefore, off-premises signs are hereby made allowable only in each overlay district on the terms and conditions following:
[Added 9-11-2019 by Res. No. 132-2019[1]]
(a) 
The area of the sign shall not exceed 200 square feet;
(b) 
The height of the sign including post from grade of road shall not exceed 20 feet; and
(c) 
Digital signs shall conform to all New York State Department of Transportation requirements for commercial electronic variable message signs (CEVMS) in New York State, as may be amended or replaced from time to time.
[1]
Editor's Note: This ordinance also redesignated former Subsection G(5) as Subsection G(6).
(6) 
In addition to the above-noted provisions, all signage shall comply with the standards set forth in Chapter 152, Signs. In the event the provisions hereof conflict with the provisions of Chapter 152, the provisions of this article shall take precedence.
H. 
Access management. One of the most important objectives of access management is reducing the potential for conflicts, particularly along the most heavily traveled roads. The best methods for achieving a reduction in conflicts are by reducing the number of conflict points and separating through traffic from local traffic, where possible. Land use development and transportation can be brought into balance, and conflicts reduced, through the appropriate limitations on the number of driveways and the enforcement of driveway and corner clearance standards.
(1) 
The site layout, location and design of driveways and parking areas should be based on full buildout of the parcel and neighboring parcels, if joint or shared access is determined to be necessary in the future. Future subdivision of the parcel or any future action that is contrary to the approval plan cannot occur without Planning Board approval.
(2) 
Properties with frontage on two or more roads do not have the right to driveway access to all such roads.
(3) 
Driveways may be required to be located so as to provide shared access and/or cross access with an abutting parcel or properties.
(4) 
Shared driveways and/or cross-access driveways shall be of sufficient width (minimum 20 feet) to accommodate two-way travel for automobiles and for service and loading vehicles.
(5) 
Corner properties present special problems because they are extremely attractive to high-volume peak-hour-traffic businesses whose designs often create conflict areas that overlap with the conflict area of the intersection.
(a) 
Corner clearance is to be measured along the road from the center line of the driveway pavement to the closest edge of the road pavement. Where road widening is planned or anticipated in the future, corner clearance should be increased to provide for the width of the additional lane.
(b) 
Driveways for corner properties shall meet or exceed the minimum corner clearance requirements of distance from the corner of 110 feet as measured along the property line fronting on any street.
Whenever any action at law is brought to collect a sum of money, the defendant shall pay attorneys' fees, if any.
A. 
A violation of this article is hereby declared to be an offense punishable by a fine not to exceed $350 or imprisonment for a period not to exceed six months, or both, for a conviction of a first offense; for a conviction of a second offense, both of which were committed within a period of five years, punishable by a fine of not less than $350 nor more than $700 or imprisonment for a period not to exceed six months, or both; and upon conviction of a third or subsequent offense, all of which were committed within a period of five years, punishable by a fine of not less than $700 nor more than $1,000 or imprisonment for a period not to exceed six months, or both. Each week's continued violation shall constitute a separate additional violation.
B. 
In case any building or structure is erected, constructed, reconstructed, altered, converted or maintained or any building, structure or land is used or any land is divided into lots, blocks or sites in violation of the provisions of this article, the Town Board or Code Enforcement Officer of the Town, in addition to other remedies as provided for by law, may institute any appropriate action or proceedings to prevent such unlawful erection, construction, reconstruction, alteration, conversion, maintenance, use or division of land to restrain, correct or abate such violation, to prevent the occupancy of said building, structure or land or to prevent any illegal act, conduct, business or use in or about such premises; and upon the failure or refusal of the Town to institute any such appropriate action or proceeding for a period of 10 days after written request by a resident taxpayer of the Town to so proceed, any three taxpayers of the Town residing in the district wherein such violation occurred may institute such appropriate action or proceeding in the manner as the Town is authorized to do.