Village of Webster, NY Article VIII Neighborhood Business NB Districts

[Amended 6-9-1994 by L.L. No. 2-1994; 8-23-2001 by L.L. No. 3-2001: 10-11-2012 by L.L. No. 5-2012]

§ 175-18 Purpose and intent.

The Village of Webster's 2010 Comprehensive Plan recognizes the community's desire to maintain its village character which is supported by enhanced walkability and vibrant economic and neighborhood environments. The purpose and intent of the Neighborhood Business District is to encourage a variety of residential, small-scale commercial and public uses that are viable and economically relevant into the future, and also to preserve the unique character of the Village. The design standards provided for this district promote the appropriate scale, form, massing, proportion and composition of architecture to complement the historic character found within the community. Walkability and the pedestrian experience are critical to the success of the mixed-use districts such as Neighborhood Business, and the provision of infrastructure to support these characteristics is required to create a service, employment and living destination distinct from its suburban and rural counterparts. The use of traditional architectural forms, shared parking and the equal accommodation of all users will help offset the transportation system's dominance and provide a pleasant, unique and inviting atmosphere.

§ 175-19 Permitted uses.

The following uses are permitted within the Neighborhood Business District:

A. Uses permitted administratively:

(1) Accessory structure.

(2) Dwelling, single-family.

(3) Parks and open space, private.

B. Uses requiring site plan approval:

(1) Assembly use.

(2) Bed-and-breakfast.

(3) Building, mixed-use.

(4) Building, office.

(5) Daycare or nursery school.

(6) Dwelling, multiple-family.

(7) Dwelling, two-family.

(8) Dwelling unit, accessory.

(9) Dwelling, townhouse.

(10) Family/caregiver apartment.

(11) Farmers' market.

(12) Farm stand.

(13) Funeral home.

(14) Greenhouse, personal.

(15) Health care facility, outpatient.

(16) Home occupation.

(17) Hospital, animal or veterinary clinic.

(18) Laundry, self-serve/dry cleaning outlet.

(19) Membership clubs.

(20) Office, professional.

(21) Place of worship.

(22) Public and semipublic facilities.

(23) Recreational facilities, commercial.

(24) Residential care facility, general.

(25) Residential care facility, limited.

(26) Restaurant or diner (without drive-through).

(27) Retail, neighborhood market.

(28) Retail, small.

(29) School, private.

(30) School, public.

(31) Swimming pool, public.

(32) Theatre.

C. Uses requiring a special use permit and site plan approval (see Article XV):

(1) Apartment building.

(2) Apartment complex.

(3) Automotive service, limited.

(4) Bar, tavern or pub.

(5) Carwash.

(6) Cultural use facility or museum.

(7) Hotel/motel.

(8) Inn.

(9) Nightclub.

(10) Retail, convenience.

(11) Retail, shopping center.

(12) Telecommunications tower.

§ 175-20 Dimensional requirements.

The following dimensional requirements apply to all lots within the Neighborhood Business District:

A. Setback distances.

(1) Front yard building setback.

(a) Minimum: 10 feet.

(b) Maximum: 20 feet.

(2) Rear yard building setback.

(a) Minimum: 1:1 ratio of building height to distance from property boundary, but in no instance less than 20 feet.

(b) Minimum for lots abutting a residential district or use: 40 feet.

(c) Accessory structure: see Article X.

(3) Side yard building setback.

(a) Minimum: 10 feet.

(b) Minimum for lots abutting a residential district or use: 20 feet.

(c) Maximum: total aggregate distance for side yards shall not exceed 50 feet; no individual side yard shall exceed 30 feet.

(4) Parking lot and drive setback.

(a) In rear and side yards: five feet minimum.

B. Minimum lot area and frontage requirements.

(1) Area: 8,000 square feet for all uses.

(2) Frontage: 50 feet for all uses.

C. Minimum gross floor area (GFA) requirements.

(1) Single-family dwellings:

(a) One thousand one hundred square feet for single-story structures.

(b) One thousand three hundred fifty square feet for multistory structures.

(2) Two-family dwellings: 1,800 square feet.

(3) Multifamily or apartment units: 750 square feet.

D. Maximum building height: 35 feet.

E. Maximum building and parking lot surface coverage: 60% of total lot area.

F. Maximum development density:

(1) The maximum dwelling unit density shall not exceed 10 units per acre.

§ 175-21 Design standards.

The following design standards shall be utilized for new development applications within the Neighborhood Business District:

A. Site design.

(1) Buildings shall be oriented with primary facades parallel to primary streets.

(2) Lots with multiple buildings shall include pedestrian connections between adjacent uses, structures and parking areas.

(3) Lots with multiple buildings shall create a well organized, accessible and functional site. The site layout shall create a unique sense of place without large parking lots devoid of landscaping or pedestrian accommodations and be complementary to surrounding uses.

(4) In an effort to decrease the aggregate number of parking spaces and impervious surface area on site, common or shared parking facilities and access for lots with multiple buildings shall be required to the extent practical or feasible, as determined by the Zoning Board of Appeals.

B. Building form and design.

(1) The Zoning Board of Appeals must consider the proportion, massing, and scale of surrounding valued historic forms, and may refer applications to the Historic Preservation Commission for recommendation and comment.

(2) The maximum gross floor area (GFA) for each story of a single building shall be 15,000 square feet.

(3) Buildings greater than one story shall provide visual distinction between the first floor and upper floors through the use of appropriate architectural elements, details, materials and/or changes in facade color.

(4) 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.

(5) Structures shall incorporate fascias, canopies, arcades, setbacks, recesses, projections or other design features to avoid large, undifferentiated walls.

(6) For buildings with multiple storefronts, there shall be a direct correlation between the delineations of interior tenant spaces and exterior facade treatments.

(7) For commercial buildings, a formal building base shall be distinguished from the upper portions of the structure through a change of materials, color, texture and/or projection.

C. Building entries.

(1) Primary building entrances shall face a primary street or drive. At the discretion of the Zoning Board of Appeals, a side or rear entry may also be permitted depending on the site layout.

(2) Buildings fronting on NYS Route 250 and/or NYS Route 404 and an intersecting street shall have a primary entry on NYS Route 250 or NYS Route 404 or at the corner facing the intersecting streets.

(3) Primary entries shall be prominently designed and constructed, and shall function as pedestrian transition areas independent of site or building signage.

D. Building windows.

(1) All new or renovated commercial or mixed-use buildings with frontage on public streets shall provide areas of transparent glazing not less than 50% of the wall area between the height of three feet and 10 feet from the ground along said public street frontage. At its discretion, the Zoning Board of Appeals may seek to vary this requirement for the renovation of former residences.

(2) Windows shall be of a scale, proportion and extent appropriate to the overall architectural style of the building.

(3) Window openings shall be trimmed with an appropriate material (brick, stone, wood, wood-like, cementitious board, vinyl) to provide added definition to the overall facade.

E. Building materials.

(1) Standard masonry block walls shall be prohibited on any primary facade.

(2) Decorative masonry materials, such as split face and textured finish blocks, are permitted as a primary finished building material.

(3) The following materials or systems shall not be utilized on finished building or signage exteriors:

(a) Unfinished dimensional or sheet lumber;

(b) Treated lumber (permitted only on outdoor structures for residential uses);

(c) Glass block;

(d) Untextured or uncoated masonry block;

(e) Spandrel glass or glass curtain walls.

F. Pedestrian accommodations.

(1) Pedestrian and vehicular circulation patterns shall be designed to minimize potential conflicts between vehicles and pedestrians and to provide enhanced separation.

(2) Safe, convenient, efficient and dedicated pedestrian circulation pathways shall be provided between structures and parking facilities.

(3) Parking and vehicle circulation patterns shall be designed to reduce speeds and increase pedestrian safety, efficiency and convenience.

(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, if present.

G. Buffer zones and landscaping requirements.

(1) Buffers and screens.

(a) Where a site plan within the Neighborhood Business District proposes a nonresidential use adjacent to residential uses or districts, the Zoning Board of Appeals shall require an appropriately designed and engineered buffer area 10 feet in depth meeting the criteria of this Subsection G.

(b) At its discretion, the Zoning Board of Appeals may also require a buffer area meeting these requirements between multifamily uses and single-family uses.

(c) The Zoning Board of Appeals, in assessing the degree and necessity of requiring a buffer area greater and/or different from the foregoing criteria, shall consider such aspects as the proposed development's effect on the adjacent neighboring residential community, noise levels, traffic inflow and outflow, environmental and pollutant effects.

(d) Buffer areas within Neighborhood Business Districts shall be planted with a variety of evergreen and deciduous vegetation consisting of trees and upright shrubs, forming a dense screen at the time of planting. Vegetation shall be complementary in scale and massing to the adjacent development both at the time of installation and at maturity.

(e) An opaque screen six feet in height shall buffer the Neighborhood Business District from residential districts, and shall be a fully functioning screen at the time of installation. The use of approved fencing no greater than six feet in height shall be permitted in addition to vegetation, but shall not be permitted as a sole means of screening the Neighborhood Business District from residential districts.

(f) The use of undulating earthen berms and mounds is discouraged, unless deemed appropriate by the Zoning Board of Appeals for the specific buffer needs.

(g) Buffer zone plant materials shall apply toward planting unit requirements as determined by Subsection G(3).

(2) General landscaping requirements.

(a) Plant materials shall be nursery grown and selected for their hardiness for conditions in Monroe County, NY.

(b) Plantings shall be limited to species native, hardy, salt-tolerant, known to be noninvasive to the area, and deer-resistant.

(c) Areas that will receive continued pedestrian movement shall be paved with concrete, solid stone, brick or concrete paving stones.

(d) Landscape plans shall be designed by an appropriate licensed professional who shall certify as to plant hardiness.

(e) All shrub and perennial plantings, regardless of location, shall be contained within a defined and edged planting bed containing mulch no less than three inches in depth.

(f) All plant material shall be of the following minimum size at installation:

[1] Shrubs: 24 inches or greater in height and spread;

[2] Evergreen trees: six feet in height;

[3] Small deciduous trees: 1.5 inch caliper;

[4] Large deciduous trees: three inch caliper.

[5] Perennials: three-gallon container size minimum upon availability.

(3) Planting unit requirements.

(a) One planting unit equals:

[1] One mature shade tree;

[2] Two minor deciduous trees;

[3] Two evergreen trees.

[4] Four shrubs;

[5] Eight perennials; or

[6] Two-hundred-forty square feet of grasses or ground cover.

(b) A minimum of one planting unit shall be required for each:

[1] Thirty linear feet or fraction thereof of lot frontage along a road; and

[2] One-thousand square feet or fraction thereof of gross floor area.

(4) Retention of existing vegetation.

(a) At the discretion of the Zoning Board of Appeals, the retention of healthy existing vegetation on site may be utilized to satisfy up to 50% of required planting units.

(b) 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.

(c) Other existing trees on site with a diameter between two and six inches dbh may satisfy requirements for up to 0.5 planting unit for each such tree retained.

(d) 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.

(5) Site landscaping.

(a) Consideration shall be given during species selection to the mature form, habit, and size of vegetation to ensure plantings do not create safety hazards.

(b) The use of decorative planters, the materials of which are complementary to the primary building, may be utilized to contain no more than 20% of required landscaping.

(c) Entry drives and areas adjacent to freestanding signage shall receive a minimum of 10% of required planting units pursuant to Subsection G(3).

(6) Parking lot landscaping.

(a) All parking lot medians, end islands and perimeters shall be attractively landscaped, and such landscaping shall count towards satisfying the planting unit requirements of Subsection G(3).

(b) Major and/or minor deciduous trees shall be utilized in all end islands, medians and parking lot perimeters. Each forty-foot island shall be planted with two trees 20 feet on center. Each twenty-foot island shall be planted with one tree on center.

(c) The Zoning Board of Appeals may require additional major and/or minor tree plantings within parking areas.

(d) Parking lot islands and medians shall be vegetated and shall not be utilized for the permanent storage and retention of stormwater. Where appropriate, the use of green infrastructure within parking lots for the infiltration of stormwater shall be encouraged pursuant to the most current versions of the NYS DEC Stormwater Design Manual.

(7) Foundation landscaping.

(a) All nonpaved areas along the building foundation shall be adequately landscaped with deciduous and coniferous shrubs, perennials and grasses in a defined and mulched planting bed equal to or greater than six feet in width from the foundation.

(b) Foundation plantings shall not interfere with or block visual access to windows and doors, and shall be maintained to a height above grade equal to or less than four feet.

H. Lighting systems.

(1) General lighting requirements.

(a) Adequate lighting shall be provided on a site to ensure safe movement of persons and vehicles and for security purposes. Lighting standards shall be of a type approved by the Zoning Board of Appeals.

(b) Lighting shall be designed such that poles, fixtures, ornamentation and materials are uniform throughout, of a pedestrian scale and height, and provide for a safe pedestrian experience.

(c) Fixtures shall be "dark sky" compliant. Light trespass into adjacent noncommercial areas shall not exceed 0.1 footcandle in intensity.

(d) Freestanding lights shall be located and protected to avoid being easily damaged by vehicles.

(e) Lighting shall be located along streets, parking areas, at intersections and where various types of circulation systems merge, intersect or split.

(f) Pathways, sidewalks, stairways, sloping or rising paths, building entrances and trails shall be lit for safety.

(2) Site lighting design.

(a) Fixture heights shall be between 12 and 20 feet in height, with shorter poles along sidewalks and pedestrian zones, and taller poles within parking areas.

(b) Fixture mounting height, direction and intensity shall be determined based on the minimum requirements necessary to efficiently and safely illuminate the area, and shall comply with the following lighting intensity standards:

[1] Parking lots: an average of two footcandles.

[2] Intersections: three footcandles.

[3] Pedestrian areas: average of 0.6 footcandle.

(c) Building-mounted lighting shall be of a style complementary to the architectural character of the building and surroundings.

(d) Where practical, building-mounted lighting shall not solely be utilized as area lighting in place of pole-mounted lighting along public and private rights-of-way, sidewalk and pedestrian zones, and parking areas.

I. Parking and parking lots.

(1) The following off-street parking space requirements shall apply within the Neighborhood Business District:[1]

(a) Dwellings: 1.5 spaces per unit, excluding garage spaces, plus one additional space per three dwelling units for visitors in non-single-family detached developments.

(b) Hotel, motel, bed-and-breakfast: one space per guest room, plus one space per three seats for conference and event space at maximum occupancy.

(c) Car wash: minimum four stacking spaces per stall.

(d) Commercial office uses: maximum one space per 300 gross square feet.

(e) Commercial retail uses: maximum one space per 300 gross square feet.

(f) Medical use: two for each treatment room, plus one for each employee.

(g) Restaurant uses: maximum one space per two dining room seats, plus one space per employee.

(h) Places of worship and assembly: maximum one space per each four seats at maximum lawful occupancy as determined by the Fire Marshal.

(i) Day-care facility: one space per staff member, plus one off-street loading space per five students.

(j) All other uses: maximum one space per 330 gross square feet, plus one space per employee.

[1] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

(2) Parking lots shall be divided into rooms of no more than 50 parking spaces through the use of vegetative medians.

(3) Landscape islands shall be installed such that no single row of parking stalls exceeds 10 spaces without an island to provide a visual break. Double rows of parking stalls shall not exceed 20 spaces without a landscape island.

(4) All islands shall be a minimum of six feet in width. Interior parking lot islands along double rows shall be 40 feet in length. Perimeter islands and those along interior single rows shall be 20 feet in length.

(5) No parking spaces shall be located in front yards between the front building facade(s) and the primary abutting street(s). This standard shall also be upheld for corner lots.

J. Shared parking and access.

(1) The provision for shared access and parking among adjacent properties shall be required to internalize traffic circulation and reduce turning movements onto roadways. Applicants are encouraged to investigate common or shared parking opportunities between adjacent principal businesses with differing peak hours.

(2) An applicant proposing to use a shared parking arrangement to satisfy off-street parking requirements shall submit a shared parking analysis demonstrating its feasibility. The analysis shall address, at a minimum:

(a) The size and type of the proposed development;

(b) The anticipated use(s) of the property;

(c) The anticipated rate of parking turnover; and

(d) The anticipated peak parking and traffic load for all uses that will be sharing off-street parking spaces.

(3) The Applicant shall furnish sufficient evidence of a viable and legally binding shared parking agreement on behalf of all involved facilities to the Zoning Board of Appeals prior to approval of a shared parking program.

(4) All parking included under a shared parking agreement shall count towards the numerical requirements for off-street parking as specified in Subsection I(1).

(5) Applicants approved for the use of shared parking within combined parking lots shall not be required to provide the twenty-foot parking lot setback and buffer requirement along the shared property boundary.

K. Public space and recreation.

(1) At the discretion of the Zoning Board of Appeals, mixed use commercial or residential multifamily projects shall provide publicly accessible open space for the use and enjoyment of customers, tenants, and residents of the development, yet in no instance shall such requirement exceed 15% of the total lot area.