[HISTORY: Adopted by the Common Council of
the City of North Tonawanda 12-21-1959. Amendments noted where applicable.]
This ordinance shall be known and may be cited
as the "City of North Tonawanda Zoning Ordinance."
A.
There is hereby established a Comprehensive Zoning
Plan for the City of North Tonawanda by dividing the territory thereof
into certain districts and prescribing regulations for buildings,
structures and the use of land therein. The regulations are made with
reasonable consideration, among other things, of the character of
each district, its peculiar suitability for particular uses and the
direction of building development and with a view to conserving property
values and encouraging the most appropriate use of land throughout
the City.
B.
The Comprehensive Zoning Plan, which is set forth
in the text and map that constitute this ordinance, is adopted in
order to promote the public health, safety and general welfare, to
provide for adequate light, air and convenience of access, to prevent
the overcrowding of land and to avoid undue concentration of population,
to lessen congestion in the streets, to secure safety from fire, flood,
panic and other dangers and to facilitate the adequate provision of
transportation, water, sewerage, schools, parks and other public requirements.
A.
Districts. The City of North Tonawanda is hereby divided
into the following zoning districts:
(1)
R1-1, Single-Family Residence.
(2)
R1-2, Single-Family Residence.
(3)
R-2, General Residence.
(4)
R-C, Residence — Restricted Business.
(5)
C-1, Neighborhood Business.
(6)
C-2, General Commercial.
(7)
M-1, Light Manufacturing.
(8)
M-2, General Industrial.
(9)
M-3, Special Industrial.
[Added 3-16-1982]
(10)
DD,
Downtown Mixed-Use.
[Added 10-15-2019]
B.
District Map.
(1)
The aforesaid districts are bounded as shown on a
map entitled "City of North Tonawanda Zoning District Map," which
accompanies and, with all explanatory matter thereon, is hereby made
a part of this ordinance.[1]
[1]
Editor's Note: The Zoning Map is on file in
the City Clerk's office and the office of the Building Inspector.
(2)
As evidence of the authenticity of the Zoning District
Map, said map and amendments thereto shall be duly certified by the
City Clerk.
C.
Interpretation of district boundaries. District boundary
lines are intended to follow property lines, center lines of streets,
highways, alleys or railroads, extensions of such property lines or
center lines or other lines located on the map by appropriate reference.
A.
General application. Except as hereinafter provided,
no building, structure or land shall hereafter be used or occupied
and no building or structure or parts thereof shall be erected, relocated,
extended, enlarged or altered unless in conformity with the permitted
use, height and area regulations specified for the district in which
it is located and with all other regulations of this ordinance.
B.
Conflict with other regulations. In their interpretation
and application, the provisions of this ordinance shall be held to
be minimum requirements adopted for the promotion of the public health,
safety, morals, comfort, convenience or general welfare. Whenever
the requirements of this ordinance are at variance with the requirements
of any other lawfully adopted rules, regulations or ordinances, the
most restrictive or that imposing the higher standards shall govern.
A.
Use groups. For the purpose of classification of uses,
use groups are hereby established and ranked in the following order.
The more restricted use groups are indicated by the lower number.
(1)
Use Group 1 — Uses first permitted in the R1-1
District.
(2)
Use Group 2 — Uses first permitted in the R-2
District.
(3)
Use Group 3 — Uses first permitted in the R-C
District.
(4)
Use Group 4 — Uses first permitted in the C-1
District.
(5)
Use Group 5 — Uses first permitted in the C-2
District.
(6)
Use Group 6 — Uses first permitted in the M-1
District.
(7)
Use Group 7 — Uses first permitted in the M-2
District.
B.
Interpretation: when uses are excluded from a use
group.
(1)
Listed uses. When a use is first included in any use
group, such use shall be interpreted as being excluded from any use
group with a lower number.
(2)
Uses not listed. In the case of a use which is not
listed in any zoning district, such use shall be interpreted as being
excluded from all use groups until this ordinance has been amended,
listing such use as a permitted use in the appropriate zoning district.
A.
Permitted uses.
(1)
Single-family detached dwelling.
(2)
Church or other places of worship or religious education
with buildings and uses customarily incident thereto.
(3)
Public schools and private, nonprofit schools accredited
by the New York State Department of Education; instruction shall be
limited to elementary and secondary school instruction.
(4)
Public parks and playgrounds, golf courses and similar
recreational uses not operated for profit.
(5)
Agricultural operations on a single parcel of land
five acres or more in extent and subject to the following restrictions:
(a)
No greenhouse heating plant shall be closer
than 100 feet to any adjoining lot line in a residential district.
(b)
No odor- or dust-producing substance or use
shall be permitted within 100 feet of any adjoining lot line in a
residential district.
(c)
No products shall be publicly displayed or offered
for sale from the roadside.
(6)
Cemetery and the necessary incidental structures on
a continuous parcel of land of 20 acres or more.
(7)
Any land or building needed for water supply, sewerage
facilities (not including a sewage treatment plant) or fire protection.
(8)
Private boathouses.
(9)
Accessory uses.
(a)
The office or studio of a resident doctor, dentist,
chiropractor, architect, artist, musician, professional engineer,
lawyer, accountant, electrologist and beautician, provided that:
[Amended 4-16-1974; 5-20-1980]
[1]
Such use shall be located within the dwelling
and is clearly incidental to the primary residential use.
[2]
Not more than one additional person shall be
employed on said premises and then only in the capacity of an assistant
to the professional occupant.
[3]
Such use shall not include the confinement of
any person under care or treatment.
(b)
Building for private horticultural purposes,
provided that any heating plant is at least 20 feet from the side
and rear lines of the lot, and no solid fuel is used.
(c)
Private, family swimming pool, provided that
it is located in the rear of the front setback line and does not occupy
any part of a required minimum side yard.
(e)
Private garages with a limit of 750 square feet
in size and of similar construction style as the surrounding neighborhood.
[Amended 3-2-2005]
(10)
Special permitted uses. The following uses may be permitted consistent with the provisions of §§ 103-18B(4) and 103-24 of these regulations:
[Added 3-21-1989]
(a)
Townhouse clusters and developments.
B.
Maximum height. Single-family dwellings 2 1/2
stories, not to exceed 30 feet.
A.
Permitted uses.
(1)
All uses, except agricultural operations, permitted
in the R1-1 District.
(2)
Dwelling for two or more families.
(3)
Dwelling group consisting of two or more dwellings
on the same lot.
(4)
Private club, not operated for profit, catering exclusively to members and their guests and subject to off-street parking requirements set forth in § 103-14.
(5)
Hospital for the treatment of human ailments; provided,
however, that such buildings shall not be located on sites of less
than five acres.
(6)
Nursery school.
(8)
Special permitted uses. The following uses may be permitted consistent with the provisions of §§ 103-18B(4) and 103-24 of these regulations:
[Added 3-21-1989]
(a)
Townhouse clusters and developments.
A.
Permitted uses.
(1)
All uses permitted in the R-2 District.
(2)
Courtroom, office for any governmental agency, police
station.
(3)
Bank, telephone exchange, public utility office, business
and professional offices.
(4)
Dental clinics and laboratories.
(5)
The following uses, provided they are not used primarily
for contagious diseases, mental patients, epileptics, drug or liquor
addicts or for penal or correctional purposes:
(6)
Mortuary.
(7)
Club, lodge or fraternal organization not operated
for profit.
(8)
Dance, art, music or photo studio.
(9)
Residential hotel. (Sec definitions.)
(10)
Accessory uses:
(a)
Dining room in club, medical building or residential
hotel, but only when conducted and entered from within the building,
provided that no exterior display or advertising shall be permitted.
(b)
Accessory uses and structures, provided that
no exterior signs shall be allowed unless it:
[1]
Pertains only to permitted uses on the premises;
[2]
Does not exceed one square foot per linear foot
of building frontage;
[Amended 4-21-2004]
[3]
Is attached flat against the wall;
[4]
Does not project above the roof line;
[5]
Does not face the side of any adjoining lot
or is across the street from any lot situated in any R-1 or R-2 District;
[Amended 4-21-2004; 5-5-2009]
[6]
Light-emitting diode (LED) and liquid crystal
display (LCD) signs shall be permitted. Such signs shall be permitted
with flashing or intermittent illumination, to include continuous
movement, provided that they are operated no earlier than 8:00 a.m.
and no later than 11:00 p.m.
[Amended 4-21-2004; 5-5-2009]
[7]
Does not exceed the length of the longest side
of the frontage where a building fronts on more than one street;
[Added 4-21-2004]
[8]
Does not project beyond the ends of the building;
and
[Added 4-21-2004]
[9]
Does not cover any required windows and/or doors.
[Added 4-21-2004]
(d)
Wall signs shall be permitted for each separate
business or tenant occupying a building subject to the regulations
of this chapter.
[Added 4-21-2004]
(12)
Exterior pole signs.
[Added 4-21-2004]
(a)
Shall be supported wholly by a pole or poles;
(b)
Shall not exceed 25 feet in height from grade
to the highest point of the sign;
(c)
The lowest portion of the sign [excluding the
pole(s)] shall not be less than eight feet from finish grade;
(d)
The maximum sign face shall be determined by § 103-9A(10) of this chapter.
D.
F.
Minimum area of dwellings: same as the R-2 District.
[Added 6-18-1962]
G.
Signs.
[Added 4-21-2004]
(1)
If at any time the Code Enforcement Officer determines
a sign is in disrepair, the owner/tenant of the property shall repair
or remove said sign within 15 days of notice to the owner/tenant by
the Code Enforcement Officer. Failure to do so shall result in removal
by the Building Department. The cost of this removal, plus $50 for
inspection of the premises, shall be charged to the owner of the property.
The City Assessor shall assess this amount upon the real property.
Said total amount shall constitute a lien and charge on the real property
on which it is levied until paid or otherwise satisfied or discharged.
The amount shall be collected by the City Treasurer in the manner
provided by law for the collection of taxes or delinquent taxes.
(2)
If at any time the Code Enforcement Officer determines
a sign does not conform with an issued sign permit, the owner/tenant
of the property shall comply with the permit within 15 days of notice
to the owner/tenant by the Code Enforcement Officer. Failure to do
so shall result in removal by the Building Department. The cost of
this removal, plus $50 for inspection of the premises, shall be charged
to the owner of the property. The City Assessor shall assess this
amount upon the real property. Said total amount shall constitute
a lien and charge on the real property on which it is levied until
paid or otherwise satisfied or discharged. The amount shall be collected
by the City Treasurer in the manner provided by law for the collection
of taxes or delinquent taxes.
H.
Abandoned signs.
[Added 4-21-2004]
(1)
Any sign located on property unoccupied for a period
of 60 days or more shall be deemed abandoned.
(2)
Failure to remove an abandoned sign shall result in
removal by the Building Department. The cost of this removal, plus
$50 for inspection of the premises, shall be charged to the owner
of the property. The City Assessor shall assess this amount upon the
real property. Said total amount shall constitute a lien and charge
on the real property on which it is levied until paid or otherwise
satisfied or discharged. The amount shall be collected by the City
Treasurer in the manner provided by law for the collection of taxes
or delinquent taxes.
A.
Permitted uses: Permitted uses in the C-1 Neighborhood
Business District shall be as follows:
(1)
Any use permitted in the R-C District.
(2)
Retail stores and personal service establishments,
except those listed in the C-2 District, provided that:
(a)
There is no manufacturing, compounding, processing,
treatment or repair of products other than that which is clearly incidental
to the conduct of a retail business and where such products are sold
primarily at retail on the premises.
(b)
No use shall be conducted in an open-front store.
(c)
There shall be no outdoor display of food or
merchandise.
(3)
Establishments for eating and drinking, but not including
diners, provided that:
(a)
The sale of alcoholic beverages for consumption
on the premises shall not be allowed on any lot which is across the
street from any R District or whose side lot line is adjacent to any
lot line in any R District.
(b)
No such use shall include dancing or entertainment
other than radio, television or recorded music.
(c)
No food or drink shall be dispensed to customers
outside the building or by curb service.
(5)
Accessory uses and structures, provided that no exterior
sign shall be allowed except as regulated in the R-C District.
C.
Minimum lot size for dwellings: as regulated in the
R-C District.
D.
Required yards.
(1)
Dwellings: front, side and rear yards shall be required
as regulated in the R-C District.
(2)
Other principal buildings.
(a)
Front yard depth: the average of the existing
buildings within 200 feet in both directions. If the foregoing does
not apply, the front yard depth shall be 25 feet.
(b)
Side yard width: not required, except where
a side lot line abuts any R District. In such case, the side yard
width shall equal that required in the R District. Where a side yard
is provided, it shall be at least four feet wide.
(c)
Rear yard depth: 25% of the lot depth, but need
not exceed 30 feet or a depth equal to the height of the principal
building, whichever is greater.
F.
Minimum area of dwellings: same as the R-2 District.
[Added 6-18-1962]
A.
Permitted uses.
(1)
Any use permitted in the C-1 District.
[Amended 3-2-2005; 4-21-2004]
(2)
The following uses when conducted entirely within
a completely enclosed building:
(a)
Eating or drinking places with entertainment,
provided that no food or drink is dispensed to the customers outside
of the building or by curb service.
(b)
New car sales and accessory repair departments.
(c)
Wholesale sales and wholesale distributors.
(d)
Amusement enterprises, amusement centers, as defined in § 12-1 of the North Tonawanda City Code, theaters, billiard or pool halls, bowling alleys, skating rinks, or dance halls.
[Amended 1-19-1982]
(e)
Public garages, auto laundries and auto repair
and painting.
(f)
Laundries, linen or diaper supply service and
carpet and rug cleaning.
(g)
Household and office machinery and equipment
repair.
(h)
Printing and newspaper publishing.
(i)
Custom shops for carpentry, cabinetmaking, sign
painting, sheet metal work and welding and for electrical, glazing,
painting, heating, plumbing, roofing and ventilating contractors.
(j)
Boat sales, rental, service and storage.
(k)
Warehouses for clothing, drugs, dry goods, packaged
food, furniture, hardware and shop supplies.
(l)
Bottling of nonalcoholic beverages from previously
prepared ingredients.
(m)
Small animal hospitals; kennels.
(n)
Poultry and rabbit killing for retail sales
on the premises.
(o)
Creamery or milk-bottling plant.
(3)
The following uses, provided they are conducted within
a completely enclosed building or enclosed on all sides by a solid
wall or fence at least six feet high:
(4)
Hotel or motel.
(5)
Passenger terminal.
(6)
Commercial greenhouse.
(7)
Commercial billboard, provided that such sign shall
not be located nearer than 10 feet to any lot line, 50 feet to a lot
line in any R District and 30 feet to any street intersection or railroad
crossing.
(8)
Terminals for local trucking and delivery service
(but not including any tractor, trailer or tractor-trailer combination
or automobile conveyor), provided that all vehicle loading, unloading
and parking is on the premises.
(10)
Dry-cleaning plant, provided that all solvents
used in the process and the vapors therefrom shall be nonexplosive
and noninflammable and the entire cleaning and drying process shall
be carried on within completely enclosed solvent-reclaiming units.
B.
Maximum height. Dwellings, as regulated in the R-C
District.
C.
Minimum lot size. Dwellings, as regulated in the R-C
District.
D.
Required yards.
(1)
Dwellings. Front, side and rear yards shall be required
as regulated in the R-C District.
(2)
Other principal buildings:
(a)
Front yard depth. Average of the existing buildings
within 200 feet in both directions. If the above does not apply, then
the front yard depth shall be 40 feet.
(b)
Side yards, as regulated in C-1 District.
(c)
Rear yard depth; minimum 10 feet, except where
it abuts any R District the rear yard shall be equal to 1/2 the building
height.
F.
Minimum area of dwellings, same as R-2 District.
[Added 6-18-1962]
G.
The maximum face area for all signs appearing on a
property shall not exceed two square feet per linear foot of building
frontage.
[Added 4-21-2004]
A.
Permitted uses.
(1)
Any use, except dwellings, permitted in the C-2 District,
but without the requirement of being enclosed in a building or by
a wall or fence.
(2)
Laboratory engaged in research, testing and experimental
work, including any process normal to laboratory practice and technique.
(3)
The manufacture, compounding, assembling and/or treatment
of articles or merchandise from previously prepared materials, consisting
of fiber, glass, fur, leather, paper, plastics, wax, wood and wire,
provided that no chemical process is involved in the basic manufacture
of such materials.
(4)
The manufacture and or assembly of electronic devices,
electrical appliances and the application or manufacture of atomic
devices, provided all necessary and approved safeguards are employed
to prevent hazard or annoyance to the community.
(5)
The manufacture and/or assembly of musical instruments,
business machines, amusement devices, novelties, toys, custom-built
boats and grinding wheels.
(6)
The manufacture, compounding, processing and storage
of candy and confections, frozen foods, cosmetics, pharmaceutical
products, toiletries and food products.
(7)
Tool-, die-, and pattern-making and machine shops,
provided that any obnoxious or annoying noises and/or vibrations are
confined within the premises.
(8)
Manufacture of precision tools.
(9)
Truck terminals; freight yards and freight stations;
wharfs and docks.
(10)
Concrete products manufacture.
(11)
Wood and lumber, bulk processing and woodworking,
including planing mills, excelsior, sawdust and wood-preserving treatment.
(12)
Treatment and processing of metal and metal
products; finishing, plating, grinding, sharpening, cleaning, rustproofing
and heat treatment.
(13)
Manufacturing of paper and paper products not
involving the reduction and processing of wood pulp and fiber.
(14)
Textile manufacturing.
(15)
Storage, sorting or baling of waste paper and
rags, provided all activities are conducted within a building.
(16)
Coal yards; storage of fuel oil for heating
purposes.
(17)
Electric central station power and steam-generating
plant.
(18)
Incinerator; sewage-treatment plant.
(19)
Quarters for a caretaker or watchman as an accessory
use.
(20)
Outdoor storage of motor vehicles, recreational vehicles, boats and
boat trailers, subject to the following conditions:
[Added 1-18-2006]
(a)
Special use permit approval pursuant to the provisions of § 103-18B(4) of this chapter;
(b)
Annual license fee of $100 and inspection by Code Enforcement Department;
(c)
License is subject to calculations for total number of vehicles to
be stored and based upon paved area with a per-vehicle limits of 200
square feet;
(d)
Storage area must be paved and properly drained to prevent site contamination;
(e)
Vehicle dismantling, bodywork, engine ,work or repairs shall be prohibited
on site;
(f)
Damaged and partially dismantled vehicles must be drained of all
fluids; and
(g)
Vehicle and vehicle parts sales shall be prohibited.
B.
Maximum height. No requirement.
C.
Minimum lot size. No requirement.
D.
E.
Limitations on uses in Use Group 6.
(1)
Any use of land, building or structure that may be
hazardous, noxious or injurious by reason of the production or emission
of dust, smoke, refuse matter, odors, gas, fumes, noise, vibration
or similar circumstances or conditions is prohibited.
(2)
No unneutralized refuse material shall be discharged
into sewers, streams or ditches.
(3)
Storage of inflammable liquids. The storage of inflammable
liquids shall be entirely underground, in storage tanks approved by
the National Board of Fire Underwriters and having pipe layout satisfactory
to the Building Inspector. Safety containers shall be used within
any building or structure in which inflammable liquids are handled
or stored.
(4)
Fencing. All side and rear lot lines adjacent to any
R District shall be properly fenced or screened by plantings. No fence
other than that constructed of wire and commonly known as a "cyclone"
fence shall be permitted, and all such fences shall not be more than
10 feet in height nor project into any required front yard.
(5)
Use of required yards. Required yards shall be used
only for off-street parking of employees' and visitors' cars.
G.
Minimum area of dwellings, same as R-2 District.
[Added 6-18-1962]
A.
Permitted uses.
(1)
Any use permitted in the M-1 District.
(2)
Auto wrecking and dismantling, junkyards and scrap
metal yards.
(3)
Metal and metal ores; reduction, refining, smelting
and alloying.
(4)
Manufacture of heavy machinery.
(5)
Metal-casting and foundry products.
(6)
Wood pulp and fiber reduction and processing, including
paper-mill operation.
(7)
Manufacture of plastics.
(8)
Concrete mixing plant; processing or treatment of
bituminous products.
(9)
Dumps and slag piles.
(10)
Storage of petroleum and petroleum products.
B.
Maximum height. No restriction.
C.
Minimum lot size. No restriction.
D.
G.
Minimum area of dwellings, same as R-2 District.
[Added 6-18-1962]
[Added 3-16-82]
[Added 2-12-88; amended 4-19-1988; 10-15-2019]
A.
Purpose and intent. The purpose of the Waterfront District (WD) is
to capitalize on the City of North Tonawanda's waterfront by encouraging
a mix of residential, commercial, and public uses that promote access
to the Niagara and Little Rivers.
B.
Permitted uses.
(1)
Apartment building.
(2)
Apartment complex.
(3)
Bar.
(4)
Bed-and-breakfast.
(5)
Brewery.
(6)
Building, mixed-use.
(7)
Club, private.
(8)
Cultural use facility/museum.
(9)
Day-care center/day-care facility.
(10)
Distillery.
(11)
Dry storage, boats.
(12)
Dry-cleaning outlet (when a part of a building, mixed-use property).
(13)
Dwelling, multifamily.
(14)
Dwelling, townhouse.
(15)
Farmers market.
(16)
Health club (when a part of a building, mixed-use property).
(17)
Hotel/motel.
(18)
Inn.
(19)
Laundry, self-serve (when a part of a building, mixed-use property).
(20)
Marina.
(21)
Microbrewery.
(22)
Nightclub.
(23)
Office (when a part of a building, mixed-use property).
(24)
Parking facility (when part of a larger development program).
(25)
Parks.
(26)
Performing arts venue.
(27)
Place of worship.
(28)
Private boathouse.
(29)
Public/semipublic use.
(30)
Restaurant.
(31)
Retail, goods and services.
(32)
Studio, art.
(33)
Wine-tasting shop.
(34)
Winery.
(35)
Yacht club.
D.
Special permitted uses. The following uses require a special use
permit from the Planning Commission:
E.
Prohibited uses. Uses that are not expressly permitted in this section
are prohibited.
F.
Incentive zoning.
(1)
Purpose.
(a)
It is the purpose of this section to empower the City of North
Tonawanda to grant incentives or bonuses to advance the City's specific
physical, cultural and social policies in accordance with the City
of North Tonawanda Comprehensive Plan and in coordination with other
community planning mechanisms and/or land use techniques.
(b)
Incentive zoning is restricted to added benefits. Incentives
shall be granted only when the community benefit or amenities offered
would not otherwise be required or likely to result from the applicable
planning process before the Planning Commission. Such benefits shall
be in addition to any items that are or would be required under other
provisions of this chapter or state law, including any mitigation
measures required pursuant to the State Environmental Quality Review
Act (SEQRA).
(2)
Jurisdiction. This section shall apply to the entire Waterfront
District in the City of North Tonawanda. The City of North Tonawanda
Common Council is empowered to provide for a system of zoning incentives,
or bonuses, as the Common Council deems necessary, appropriate and
consistent with the purposes and conditions set forth in this chapter.
(3)
Incentives permitted. The following incentives may be granted
by the Common Council, with recommendations from the Planning Commission,
on an application for incentive zoning for a specific site:
(4)
Amenities for which incentives may be offered. The following
amenities may be offered on or off the site of the subject application:
(b)
Waterfront easements for public access.
(c)
Road and highway improvements in excess of those required to
mitigate proposed impacts.
(d)
Any combination of above-listed amenities and/or cash in lieu
of any amenity(s) for specific purposes identified.
(e)
Provide for public trails, trail linkages or walkway networks.
(f)
Other facilities or benefits to the residents of the community
determined by the Planning Commission, and/or the Common Council.
(5)
Procedure for approval and application requirements. Please refer to § 103-26 for application requirements and process.
(6)
Incentive zoning requirements. The following information shall
be included in applications for incentives in exchange for amenities:
(a)
Written description of the proposed amenity.
(b)
The cash or economic value of the proposed amenity.
(c)
A narrative which:
[1]
Describes the benefits to be provided to the community
by the proposed amenity.
[2]
Gives preliminary indication or demonstration that
there is adequate sewer, water, transportation, waste disposal and
fire protection facilities in the zoning district in which the proposal
is located to handle the additional demands the incentive and amenity,
if it is an on-site amenity, may place on these facilities beyond
the demand that would be placed on them as if the district were developed
to its fullest potential.
[3]
Explains how the amenity helps implement the physical,
social or cultural policies of the Comprehensive Plan and any other
adopted studies or plans as supplemented by the local laws and ordinances
adopted by the Common Council.
(d)
Written description of the requested incentive and justification,
and project viability.
(e)
Sets of maps containing both the requested incentive layout
and a layout conforming to current requirements.
(f)
Documentation in compliance with the State Environmental Quality
Review Act.
(g)
Completion of architectural review assessment to determine if
proposed incentive and or amenities detailed in the application are
in harmony with the City of North Tonawanda.
(h)
Letter waiving any timeline requirements for decisions by the
Planning Commission.
(7)
The Code Enforcement Officer shall meet with the applicant prior to their application submittal and review the submission for completeness. The Code Enforcement Officer shall write their comments and submit them along with the application to the Planning Commission as part of the site plan review process (refer to § 103-26).
(8)
The Planning Commission shall hold a scheduled work session
or public meeting in conformance with its adopted meeting schedule
and submissions deadlines and shall hear testimony on the proposed
application. Following said meeting, the Planning Commission shall
prepare comments pertaining to the submission application and forward
them to the applicant and the Common Council.
(9)
The Common Council shall determine, based upon input from the
Code Enforcement Officer, Planning Commission and other information/input
it deems necessary, if the application warrants further consideration
under this chapter. The determination shall be disclosed in a findings
report or similar document, a copy of which shall be made available
to the applicant and the Code Enforcement Officer. If further consideration
is appropriate, the applicant shall be directed to continue with the
pending site plan/subdivision/special use permit application per the
requested incentive.
(10)
Once the application has been determined to be complete, a public
hearing will be scheduled before the Common Council. The City Clerk
shall give notice of the hearing in the official newspaper of the
City at least 10 days prior to the date of the hearing.
(11)
The applications shall be referred to other agencies for input
as appropriate, including but not limited to any applicable county,
state or federal agencies.
(12)
All applicable requirements of the SEQRA shall be complied with
as part of the review and hearing process, in addition to other information
that may be required as part of an environmental assessment of the
proposal. The assessment shall include verification that the zoning
district in which the proposal is to be located has adequate sewer,
water, transportation, waste disposal and fire disposal and fire protection
facilities to:
(a)
First, serve the remaining vacant land in the district as though
it were developed to its fullest potential under the district regulations
in effect at the time of the amenity/incentive proposal.
(b)
Then, to serve the on-site amenity and incentive, given the development scenario in § 103-13.2F(4) above.
(13)
In order to approve an amenity/incentive proposal, the Code
Enforcement Officer shall determine that the requirements of SEQRA
have been met and the proposed amenity provides sufficient public
benefit to allow for the requested incentive. The Common Council is
authorized to act on an application for approval, once approved; the
Common Council will create a written order of actions to be completed
by the applicant regarding additional construction documents, site
plans, and the amenities to be provided to the community of the City
of North Tonawanda.
(14)
Cash payment in lieu of amenity. If the Common Council finds
that the community benefit is not suitable on-site or cannot be reasonably
provided, the Common Council may consider a cash payment in lieu of
the provision of the amenity. These funds shall be placed in a trust
fund to be used by the Common Council exclusively for amenities specified
in these provisions. For one-time payments, cash payments shall be
made prior to the issuance of a building permit or prior to final
signatures on approved plans, whichever comes first. The Common Council
will set the requirements for any long-term or incremental payments.
(15)
Severability. The provisions of this chapter are severable.
If any section, subdivision or provision of this chapter shall be
adjudged invalid, such invalidity shall apply only to the section,
subdivision or provision adjudged invalid, and the rest of this chapter
shall remain valid and effective.
G.
Signs. Exterior signs are subject to the following standards:
(1)
Sign information shall pertain only to the existing permitted
use on the premises.
(2)
One sign advertising the sale or rental of property is not to
exceed 24 square feet in face area. Said advertising sign shall be
located on the property advertised for sale or rent and shall be removed
within 10 days following the sale or occupancy of the rental property.
The advertising sign may be affixed to a building or freestanding.
(3)
No sign shall be equipped or displayed with any moving parts,
nor shall any sign contain any moving, flashing or intermittent illumination.
(4)
No sign shall project above the roofline.
(5)
The total square footage of all signs on any premises shall
not exceed 1.5 square feet per linear foot of building facade on the
street which provides the principal access for the use.
(6)
All signs shall be legible and graphically simple. No more than
three colors shall be used.
I.
Supplementary regulations. Uses are subject to the requirements specified elsewhere in these regulations, including, but not limited to, supplemental regulations in accordance with § 103-15.
J.
Bulk and Use Table.
|
Uses
|
Minimum Lot Size
(square feet)
|
Minimum Lot Width
(feet)
|
Minimum Setback
(feet)
|
Maximum Allowable Impervious Surface Coverage
(percent)
|
Maximum Building Height Range
(feet)
| ||||
|---|---|---|---|---|---|---|---|---|---|
|
Front Street
|
Front Waterfront
|
Side
|
Rear on Street or Adjacent Property
|
Rear Waterfront
| |||||
|
Permitted Uses
| |||||||||
|
Apartment building
|
8,000
|
50
|
15
|
30
|
10
|
20
|
30
|
80%
|
45
|
|
Apartment complex
|
20,000
|
75
|
15
|
30
|
10
|
20
|
30
|
80%
|
45
|
|
Bar
|
6,000
|
50
|
15
|
25
|
10
|
20
|
25
|
80%
|
35
|
|
Bed-and-breakfast
|
8,000
|
50
|
15
|
25
|
10
|
20
|
25
|
80%
|
35
|
|
Brewery
|
20,000
|
50
|
15
|
25
|
10
|
20
|
25
|
80%
|
35
|
|
Building, mixed-use
|
8,000
|
50
|
15
|
25
|
10
|
20
|
25
|
80%
|
45
|
|
Club, private
|
8,000
|
50
|
15
|
25
|
10
|
20
|
25
|
80%
|
35
|
|
Cultural use facility/museum
|
N/A
|
N/A
|
N/A
|
25
|
N/A
|
20
|
25
|
N/A
|
N/A
|
|
Day-care center/day-care facility
|
6,000
|
60
|
15
|
25
|
15
|
20
|
25
|
80%
|
35
|
|
Distillery
|
20,000
|
100
|
15
|
25
|
15
|
20
|
25
|
80%
|
35
|
|
Dry storage, boats
|
10,000
|
100
|
20
|
25
|
15
|
20
|
25
|
80%
|
35
|
|
Dry-cleaning outlet
|
10,000
|
50
|
20
|
25
|
10
|
20
|
25
|
80%
|
35
|
|
Dwelling, multifamily
|
8,000
|
50
|
20
|
40
|
10
|
20
|
40
|
80%
|
35
|
|
Dwelling, townhouse
|
5,000
|
40
|
10
|
25
|
5
|
20
|
25
|
80%
|
35
|
|
Farmers market
|
5,000
|
50
|
15
|
30
|
10
|
20
|
30
|
80%
|
25
|
|
Health club
|
15,000
|
100
|
15
|
30
|
15
|
20
|
30
|
80%
|
35
|
|
Hotel/motel
|
30,000
|
150
|
20
|
35
|
20
|
20
|
35
|
80%
|
55
|
|
Inn
|
10,000
|
50
|
15
|
25
|
10
|
20
|
40
|
80%
|
35
|
|
Laundry, Self-serve
|
8,000
|
50
|
10
|
25
|
10
|
20
|
20
|
80%
|
35
|
|
Marina
|
15,000
|
100
|
20
|
25
|
10
|
20
|
10
|
80%
|
35*/60**
|
|
Microbrewery
|
20,000
|
50
|
10
|
25
|
10
|
20
|
35
|
80%
|
35
|
|
Nightclub
|
15,000
|
100
|
15
|
25
|
10
|
20
|
40
|
80%
|
25
|
|
Office
|
8,000
|
50
|
10
|
25
|
10
|
20
|
10
|
80%
|
35
|
|
Parking facility
|
20,000
|
150
|
15
|
25
|
10
|
20
|
35
|
80%
|
55
|
|
Private boathouse
|
2,000
|
20
|
15
|
N/A
|
5
|
N/A
|
10
|
80%
|
15
|
|
Park
|
N/A
|
N/A
|
N/A
|
N/A
|
N/A
|
N/A
|
N/A
|
N/A
|
N/A
|
|
Performing arts venue
|
20,000
|
150
|
15
|
25
|
20
|
20
|
20
|
80%
|
35
|
|
Place of worship
|
15,000
|
50
|
15
|
25
|
15
|
20
|
20
|
80%
|
35
|
|
Public/semipublic use
|
8,000
|
50
|
15
|
25
|
10
|
10
|
20
|
80%
|
35
|
|
Restaurant
|
8,000
|
50
|
10
|
25
|
10
|
10
|
20
|
80%
|
35
|
|
Retail, goods and services
|
8,000
|
50
|
10
|
25
|
10
|
5
|
10
|
80%
|
35
|
|
Studio, art
|
5,000
|
50
|
10
|
25
|
10
|
5
|
10
|
80%
|
35
|
|
Wine-tasting shop
|
5,000
|
50
|
10
|
25
|
10
|
10
|
20
|
80%
|
35
|
|
Winery
|
40,000
|
50
|
10
|
25
|
10
|
20
|
10
|
80%
|
35
|
|
Yacht club
|
20,000
|
100
|
20
|
25
|
10
|
20
|
10
|
80%
|
55
|
|
Accessory Uses
| |||||||||
|
Boat sales, rental, service and storage
|
N/A
|
N/A
|
20
|
25
|
10
|
5
|
5
|
80%
|
35*/60**
|
|
Home occupation
|
N/A
|
N/A
|
N/A
|
N/A
|
N/A
|
N/A
|
N/A
|
N/A
|
N/A
|
|
Swimming pool, private (must be in the rear of the building)
|
N/A
|
N/A
|
N/A
|
N/A
|
N/A
|
N/A
|
N/A
|
N/A
| |
|
Special Permitted Uses
| |||||||||
|
Conference/convention center
|
20,000
|
100
|
20
|
35
|
15
|
20
|
40
|
80%
|
35
|
|
Equipment sales, repair or rentals
|
40,000
|
100
|
20
|
40
|
25
|
20
|
20
|
80%
|
25
|
|
Health-care facility, outpatient
|
15,000
|
100
|
15
|
30
|
15
|
20
|
40
|
80%
|
25-45
|
|
Recreation, indoor commercial
|
10,000
|
50
|
20
|
30
|
15
|
20
|
40
|
80%
|
35
|
|
Restaurant, fast-food
|
5,000
|
50
|
15
|
30
|
15
|
20
|
40
|
80%
|
35
|
|
Retail, convenience
|
5,000
|
50
|
15
|
30
|
10
|
20
|
40
|
80%
|
35
|
|
Retail, shopping center
|
40,000
|
60
|
25
|
75
|
10
|
30
|
40
|
80%
|
35
|
|
*
|
For main building only.
| ||||||||
|
**
|
For boat storage only.
| ||||||||
[Added 4-19-88]
A.
Permitted uses for properties that have frontage on
a water body.
(1)
Includes all uses, restrictions and regulations
as set forth in the WD Waterfront District.
B.
Permitted uses for properties that do not have frontage
on a water body.
(1)
Includes all uses, restrictions and regulations
as set forth in the WD Waterfront District.
C.
Special permitted uses for properties that have frontage
on a water body.
(1)
Includes all uses, restrictions and regulations
as set forth in the WD Waterfront District.
D.
Special permitted uses for properties that do not
have frontage on a water body.
(2)
Adult uses, as specified and defined in the Adult Use Ordinance, as indicated in Chapter 9A of the City Code of the City of North Tonawanda, New York.
(3)
The general criteria for special permits § 103-18B(3) shall also be applicable.
E.
Accessory uses.
(1)
Includes all uses, restrictions and regulations
as set forth in the WD Waterfront District.
[Added 10-15-2019]
A.
Introduction. This section provides regulatory standards governing
land use and building form within the Downtown Mixed-Use District.
The form-based code is a reflection of the community's vision for
downtown North Tonawanda and implements the intent of the Comprehensive
Plan, Local Waterfront Revitalization Plan, and NT Momentum Revitalization
Strategy Master Plan.[2] The form-based code is intended for adoption as part of
the North Tonawanda Zoning Ordinance. Upon adoption, it will supersede
and replace existing Zoning provisions regarding zoning districts,
allowable land uses, permit requirements, and site development standards.
The Downtown Mixed-Use District encompasses all of downtown North
Tonawanda and includes the entirety of the downtown Historic Overlay
District.
(1)
Purpose and intent. The purpose of the Downtown Mixed-Use District
is to create a vibrant downtown with a variety of building types that
offer retail, service, employment, hospitality, entertainment, and
civic functions, as well as a variety of housing choices. This district
aims to reinforce the historic character and walkability of downtown.
(2)
Applicability.
(a)
Compliance is intended to occur over time as redevelopment and
new development occur. This section recognizes lawful nonconforming
status of uses and structures and normal maintenance if encouraged.
This section also recognizes that some sites may be difficult to develop
in compliance with the provisions herein and provides for variance
procedures within certain parameters.
(c)
Exemptions.
[1]
Regular maintenance and repair of materials, parking
resurfacing and similar maintenance is exempt from compliance with
this section.
[2]
A building expansion that is solely designed and
constructed to provide accessibility for the disabled, provide for
screened service areas or relocate or screen visible exterior mechanical
equipment so long as such equipment is no longer visible, is also
exempt from compliance with this section.
(3)
Conflicting provisions. In the event that this section conflicts
with any other City Code provision (except for the Historic Overlay
District), the provision of this section shall supersede. In the event
that any provision of this section conflicts with the provisions of
the Historic Overlay District, the Historic Overlay District shall
supersede.
[2]
Editor's Note: The images that enhance this form-based code
are on file in the City offices.
C.
Use regulations.
(1)
With the exception of the prohibited uses listed in this subsection, all uses listed as permitted uses within the City of North Tonawanda Code Chapter 103 are permitted within the Downtown Mixed-Use District, subject to the regulations of this section.
(2)
The following uses are prohibited in the Downtown Mixed-Use
District:
Adult uses
Automotive graveyard
Campground
Cemetery
Contractor's yard
Commercial surface parking lots as the primary use on any property
(unless publicly owned)
Drive-through establishments
Dwelling, single-family
Golf courses
Industry, heavy
Junkyard
Motor vehicle sales, repair, or service station (allowed in
OS and RR Subareas)
Off-premises freestanding signs
Scrap metal processing
Self-storage
D.
ALLEY
ALTERATION
AWNING
BALCONY
BILLBOARDS (SIGN ADVERTISING)
BUILDING
BUILDING FACADE, PRIMARY
BUILDING FACADE, SECONDARY
BUILDING FRONTAGE
BUILDING HEIGHT
BUILDING PERMIT
COVERAGE
DECK
DENSITY
DIRECTIONAL SIGN
DRIVES AND CIRCULATION ROUTES
(1)
(2)
(3)
(4)
DRIVEWAY
DRIVEWAY, SHARED
EAVE
FENCE
FRONTAGE
GABLE
GAMBREL ROOF
GROSS FLOOR AREA (GFA)
HIP ROOF
LANDSCAPED AREA
LIGHT POLLUTION
LOT DEPTH
LOT LINE, FRONT
LOT LINE, REAR
LOT LINE, SIDE
LOT LINES
MANSARD ROOF
OPEN SPACE
PARAPET
PARKING AREA or PARKING LOT
PARKING SPACE
PEDESTRIAN CONNECTION OR ACCOMMODATION
PROJECTION
PUBLIC REALM
PUBLIC RIGHT-OF-WAY
SETBACK LINE
(1)
(a)
(b)
(c)
(d)
(2)
SETBACK, FRONT
SETBACK, REAR YARD
SETBACK, SIDE YARD
SIDEWALK, DINING
SIGN
SIGN AREA or SIGN SURFACE AREA
SIGN PERMIT
SIGN, AWNING
SIGN, DIRECTIONAL
SIGN, ELECTRONIC MESSAGE
SIGN, FREESTANDING
SIGN, ILLUMINATED (DIRECTLY)
SIGN, ILLUMINATED (INDIRECTLY)
STRUCTURE
TRANSPARENCY
ZONING DISTRICT
ZONING MAP
Definitions. Definitions, as they relate to the Downtown District
will be included in this section.
A narrow service street or passage less than 22 feet between
properties or buildings.
Any change, rearrangement or addition to or relocation of
a building or structure; any modification in construction or equipment.
An ornamental roof-like protective cover over a door, entrance,
window or sidewalk dining area that projects from the face of a structure
and is constructed of durable materials, including but not limited
to fabrics and/or plastics.
An exterior platform that projects from or into the facade
of a building and is surrounded by a railing, handrail, or parapet.
A permanent sign or structure which directs attention to
an idea, product, business activity, service, or entertainment which
is primarily conducted, sold, or offered elsewhere than upon the premises
on which such sign is located, or to which it is affixed.
A combination of any materials, whether portable or fixed,
having a roof, to form a structure affording shelter for persons,
animals or property. The word "building" shall be construed, when
used herein, as though followed by the words "or part or parts thereof,"
unless the context clearly requires a different meaning.
Any building frontage:
All other building frontages not defined as a primary building
facade.
That portion of the building perimeter facing a street or
designated parking areas; in the case of two such perimeters, it may
be either frontage at the option of the owner.
The vertical distance measured from the average elevation
of the proposed finished grade at the front of the building to the
highest point of the roof for flat roofs, to the deckline of mansard
(a roof with a double pitch on all sides) roofs and to the mean height
between eaves and ridge for babble, hip and gambrel roofs.
That permit issued by the Code Enforcement Officer stating
that the purpose for which a building or land is to be used is in
conformity with the uses permitted and all other requirements under
this chapter for the district in which it is located, and stating
that all construction, relocation or extension of buildings are in
compliance with the provisions of this chapter, New York State Uniform
Fire Prevention and Building Code, State Energy Conservation Construction
Code and other applicable regulations.
The percentage of the lot covered by the aggregate area of
all buildings or structures on the lot.
An open-air structure providing outdoor living or circulation
space. Decks may be at grade or above grade, freestanding, partially
connected to an existing structure or constructed on top of an existing
structure, pursuant to the New York State Building Code and the New
York State Residential Code. Decks are considered a structure and
shall conform to required lot setback and coverage requirements.
The required land area for each dwelling unit within a given
parcel of land, such as a minimum number of square feet of land area
required for each dwelling unit.
Refer to "sign, directional."
The following set of terms refers to vehicular circulation
routes designed and/or constructed for the safe, convenient and efficient
access within and/or between private development tracts and between
said development tracts and two-lane or divided highways.
ACCESS DRIVEThe primary route of internal circulation within a parking facility providing direct building, loading and drop-off access, emergency access, access to drive aisles and connectivity with adjacent service drives. Access drives do not provide direct connections to divided or two-lane highways, are a component of internal site circulation owned and maintained by private interests and are not a public right-of-way.
ACCESS LANEA permanent and continuous access route between access drives on adjoining properties, either planned or constructed, to facilitate shared or common access to a service drive. Access lanes are a component of internal site circulation owned and maintained by private interests and are not a public right-of-way.
DRIVE AISLEThe primary access route connecting access drives and individual parking spaces. Access lanes are a component of internal site circulation owned and maintained by private interests and are not a public right-of-way.
SERVICE DRIVEA primary form of ingress and/or egress to a two-lane or divided highway providing access to greater than three nonresidential lots in a coordinated, well-planned manner. Service drives are public or private roads that meet the City of North Tonawanda's design and construction standards for roads within a defined right-of-way.
A private street, drive or roadway giving access from a public
way, road or highway to abutting lots.
An area or areas on one or more properties providing access
from a public or private street where the usage of said access route
is provided to three or fewer lots through an easement agreement.
Shared or common driveway access for greater than three residential
lots is defined as a "road."
The extension of the roof beyond the structural building
wall.
A structure bounding an area of land designed to either limit
access to the area or to screen such area from view, or both. The
term "fence" shall include tennis court and swimming pool enclosures,
backstops, and similar structures.
That side of the lot abutting the street. A corner lot shall
be considered to have two such frontages. A through lot has three
frontages.
A roof section with a single break at the center of the roof
structure which creates a triangular portion of wall below the sloping
roof.
A usually symmetrical two-sided roof with two slopes on either
side, with the upper slope positioned at a shallow angle, and the
lower slope having the steeper pitch.
The gross size of the total floor area of the outside dimensions
of a building. These dimensions shall include the length, width and
number of stories of the facility.
A roof where all sides slope downwards to the walls, usually
with a fairly gentle slope.
The area required or permitted to be devoted to landscaping
and environmental improvement, which may include existing and new
vegetation.
Presence of excessive illumination in locations where it
is not desired; excess or obtrusive light.
The mean horizontal distance between the front and rear lot
lines.
The property line separating a plot or parcel of property
from a public street or highway. If a lot adjoins two or more streets
or highways, it shall be deemed to have a front lot line respectively
on each. On waterfront lots which border water on one or more lot
lines, the lot line on the road front is considered the principal
front lot line.
That lot line which is opposite and most distant from the
front lot line.
A lot line not a front lot line or a rear lot line.
The property lines bounding the lot.
A roof with a double pitch on all four sides, the lower slope
having the steeper pitch.
Any site with no structures located on it.
The extension of a building facade above the line of the
structural roof.
Any place, lot, parcel or yard used in whole or in part for
storing or parking four or more motor vehicles under the provision
of this section.
An area intended for use as an accessory off-street parking
facility not less than 10 feet in width or less than 20 feet in length,
having a clear height of not less than seven feet.
An improved pathway at least five feet in width, devoid of
obstructions or hazards and intended for use by pedestrians to commute
between destinations, including but not limited to buildings, structures,
parks and open spaces, parking areas, the sidewalk system or other
walkways.
A vertical or horizontal break in a building facade which
moves the wall surface outward.
All areas legally open to public use, such as public streets,
sidewalks, roadways, highways, parkways, alleys and parks, as well
as the interior and areas surrounding public buildings.
The land opened, reserved, or dedicated for a street, sewer,
water, walk, drainagecourse, or other public purposes.
The horizontal distance from any building or from a specified
building to the nearest point in an indicated lot line or street line,
measured at right angles to the street line, not including the following:
Cornices or open entrance hoods anchored to the building without
posts, which do not project more than three feet from the building
wall.
Retaining walls and fences.
Open entrance steps.
Open terraces not more than two feet in height above the finished
grade and which do not project more than six feet from the building
wall.
Setback requirements, as listed in the Bulk and Use Tables,
apply to the location of buildings, but not driveways, parking areas,
or other landscaping treatments.
The least required horizontal distance between the front
lot line, or in instances where sidewalks are present or required
from the interior sidewalk edge, and the principal building measured
at the shortest point. On waterfront lots which border water on one
or more lot lines, the lot line on the road front is considered the
principal front lot line.
The horizontal distance between the rear lot line and the
principal building measured at the closest point.
The horizontal distance between the side lot line and the
principal building measured at the closest point.
Any outdoor cafe, eating area or food service accessory to
a restaurant.
Any advertisement, announcement, direction or communication
produced in whole or in part by the construction, erection, affixing
or placing of a structure on any land or on any other structure or
produced by painting on or posting or placing any printed, lettered,
pictured, figured or colored material on any structure or surface,
but not including signs placed or erected by the City of North Tonawanda,
Niagara County, the State of New York or the United States of America
for public purposes.
The entire area within a single continuous perimeter enclosing
the extreme limits of lettering, representations, emblems or other
figures, together with any material or color forming an integral part
of the display or used to differentiate the sign from the background
against which it is placed, including structural members bearing no
sign copy.
A permit issued pursuant to Chapter 77 (Sign Permits).
A sign on which graphics or symbols are painted, sewn, or
otherwise attached to the awning material as an integrated part of
the awning itself.
Any sign limited to directional messages, principally for
pedestrian or vehicular traffic, such as "one-way." "entrance" and
"exit."
Any sign, or portion of a sign, that uses changing lights
to form a sign message or messages where the sequence of messages
and the rate of change is electronically programmed and can be modified
by electronic processes.
A sign supported by one or more upright poles, columns or
braces placed in or on the ground and not attached to any building
or structure.
A sign designed to give forth artificial light directly from
a source of light within such a sign.
A sign illuminated with a light so shielded that no direct
rays therefrom are visible elsewhere on the lot where said illumination
occurs.
Anything built for the support, shelter or enclosure of persons,
animals, goods or property of any kind, together with anything constructed
or erected with a fixed location on or in the ground, exclusive of
vegetation, boundary walls, fences, mailboxes, lampposts, birdhouses,
or similar construction. The term includes but is not limited to structures
temporarily or permanently located, such as decks, patios, satellite
dishes, communications systems, pools, ponds, etc.
The minimum percent of windows and doors that must cover
a building facade. Opaque windows do not count as part of building
transparency.
The classification of lands as established in this chapter
and by the Official Zoning Map incorporated by reference herein.
The official map entitled "City of North Tonawanda Zoning District Map" established pursuant to § 103-3 of this chapter.
E.
Regulations applicable to all. The following standards apply to all
sites and buildings in all subareas unless expressly stated otherwise.
(1)
Site requirements.
(a)
Lot width. Lot width is the distance between the two side lot
lines measured at the primary street property line along a straight
line (or along the chord of the property line on a curvilinear lot).
(b)
Lot depth. Lot Depth is the distance between the front and rear
property lines measured along a line midway between the side property
lines.
(c)
Outdoor amenity space. Where required, as noted within each
subarea, outdoor amenity space must be provided on the site and must
be available as unenclosed, improved active or passive space for use
by the occupants of the development. It may be provided in one contiguous
open area or multiple areas on the site.
(2)
Building placement.
(a)
Building setbacks.
[2]
Measurement of setbacks. Primary and side street
setbacks are measured from the property line. Side, rear, and interior
setbacks are measured from the property line (or edge of right-of-way
where there is an alley).
[3]
Primary and side street designation. Where only
one street abuts a lot, that street is considered the primary street.
A lot with multiple frontages must have at least one primary street,
as designated by the Code Enforcement Officer, based on the following
criteria:
(b)
Build-to zone.
[1]
One of the most important defining elements of
the downtown public realm is the street wall. The street wall is made
up of building facades that are placed within the build-to zone to
create a continuous building fabric. The build-to-zone is the area
between the minimum and maximum front setbacks. Portions of a building
must be placed within this zone along a prescribed percentage of the
lot width.
[2]
To determine compliance with the build-to zone
requirements, the total width of the building portion located within
the build-to zone is divided by the width of the lot.
(3)
Building height.
(a)
Measurement. Building height is regulated in feet and is measured
from the average grade of the frontage facing a primary street to
the mean height level between the eaves and ridge of a gable, hip,
mansard, or gambrel roof or to the highest point of roof surface of
a flat roof, not including allowed encroachments.
(4)
Facade requirements.
(a)
Transparency. Transparency is the minimum percent of street-facing
facade that must be comprised of transparent windows. The ground story
is measured between two and 12 feet above the sidewalk. This requirement
applies to primary and side streets only. Opaque elements of a window
(such as panes, frosted or tinted areas, and opaque portions of window
signs) cannot be used to meet the transparency requirement.
(b)
Building materials. Permitted building materials are prescribed within each subarea, as specified in Subsection F, Regulations pertaining to subareas.
(c)
Pedestrian access. All buildings must provide a street-facing
entrance operable to residents or customers at all times. There must
be a connection between all main building entrances and the closest
sidewalk (or street if there is no sidewalk).
(5)
Setback encroachments. All buildings and structures must be
located behind the required setback except for the encroachments allowed
below.
(a)
Awnings.
[1]
Description. An ornamental roof-like protective
cover over a door, entrance, window or outdoor service area that projects
from the face of a structure and is constructed of durable materials.
[2]
General provisions.
[a]
Awnings shall be continuous above openings below.
Breaks in awnings shall coincide with breaks in facade openings below.
[b]
Canvas and fabric awnings must be made of durable
fabric and must be in a fixed position.
[c]
High-gloss or plasticized fabrics are prohibited.
[d]
Bright colors that are incompatible with building
materials are prohibited.
[e]
Internally illuminated or backlit awnings are prohibited.
[f]
Awnings must be self-supporting. No support poles
may encroach onto the right-of-way.
[4]
Idemnity. All applicants must provide an indemnity
agreement, in a form acceptable to the City, holding harmless and
indemnifying the City, its officers and employees, from and against
any and all claims and liability resulting from encroachment into
the public right-of-way. Applicants must also provide proof of insurance
acceptable to the City and naming the City as an additional insured
on a primary, noncontributory basis.
(b)
Sidewalk dining.
[1]
Description. Sidewalk dining is a designated area
of a public sidewalk where patrons may sit at tables while consuming
food and beverages purchased from the associated eating establishment.
[2]
General provisions.
[a]
The sidewalk dining area must be located adjacent
to the property of a lawfully operating eating establishment and shall
be under the control of the restaurant.
[b]
At least five feet of unobstructed corridor space
must be maintained past the sidewalk dining area for sidewalk pedestrian
traffic in order to ensure a clear pedestrian passageway along the
sidewalk.
[c]
At least 44 inches of unobstructed space must be
maintained between any restaurant doorway and the sidewalk.
[d]
Food preparation is not allowed in the sidewalk
dining area.
[e]
Loudspeakers are prohibited in the outdoor dining
area. Amplified sounds from inside the restaurant must not be audible
in any dining area on the public right-of-way.
[4]
[5]
Indemnity. All applicants must provide an indemnity
agreement, in a form acceptable to the City, holding harmless and
indemnifying the City, its officers and employees from and against
any and all claims and liability resulting from encroachment into
the public right-of-way. Applicants must also provide proof of insurance
acceptable to the City and naming the City as an additional insured
on a primary, noncontributory basis.
(c)
Balconies.
[1]
Description. A balcony is an exterior platform
that projects from or into the facade of a building and is surrounded
by a railing, handrail, or parapet. Balconies must be self-supported
to the structure. No posts are allowed.
[4]
Indemnity. All applicants must provide an indemnity
agreement, in a form acceptable to the City, holding harmless and
indemnifying the City, its officers and employees from and against
any and all claims and liability resulting from encroachment into
the public right-of-way. Applicants must also provide proof of insurance
acceptable to the City and naming the City as an additional insured
on a primary, noncontributory basis.
(6)
Vehicle parking regulations.
(b)
Reduction of minimum spaces required.
[1]
Applicants may seek administrative approval from
the Code Enforcement Officer for a reduction in the minimum number
of parking spaces required within the OS and RR Subareas. Minimum
parking requirements may be reduced by up to 30%, subject to the following
criteria:
[2]
Applicants may seek administrative approval from
the Code Enforcement Officer for a reduction greater than 30% of minimum
parking requirements, subject to the following criteria:
[a]
Up to an additional 10% reduction for the provision of cross-access (where such cross-access did not exist) that is in conjunction with a shared parking arrangement satisfying the requirements of Subsection E(6)(j), below;
[b]
For residential uses, up to an additional 5% for
the provision of secure, indoor long-term bicycle parking spaces at
a ratio of one space per four dwelling units;
[c]
Up to an additional 5% for the provision of outdoor
amenity space exceeding the minimum requirements by at least 10%.
[3]
The maximum reduction allowed through any combination of criteria in this subsection is 50% of the minimum parking requirements established in § 103-14. Any reduction beyond the maximum reduction authorized herein shall be considered an area variance and may only be granted by the Zoning Board of Appeals pursuant to § 103-18.
(c)
Location of parking. Except where noted in this subsection,
off-street vehicle parking is not permitted between a building facade
and a primary street. Existing parking areas located between the building
facade and a primary street may not be expanded.
(d)
Parking lot design. The design of stall size and drive aisle dimensions shall be constructed according to the standards of § 103-14 (off-street parking and loading).
(f)
Perimeter landscaping. All surface parking lots with frontage on a primary or side street must be screened according to the requirements set forth in Subsection F, Regulations pertaining to subareas.
(g)
Lighting. Pedestrian routes must provide pedestrian-scaled lighting.
(h)
Cross-access and connectivity.
[1]
Cross-access is encouraged between abutting parking
areas.
[2]
Property owners who establish cross-access must
record an easement allowing cross-access to and from properties served
by the access easement and record a joint maintenance agreement defining
the maintenance responsibilities of each owner.
(j)
Shared parking.
[1]
Applicants are encouraged to investigate common
or shared parking opportunities between adjacent uses and businesses.
[2]
Where shared parking is used to meet the requirements
for a reduction in the total number of required parking spaces, the
applicant must provide the City with a joint parking agreement. Shared
parking must be within 600 feet of the pedestrian entrances of all
establishments involved in the joint parking agreement.
(k)
Internal pedestrian routes.
[1]
Internal pedestrian routes must be provided between
different areas within the site, such as parking areas, bicycle parking,
common outdoor areas, and any pedestrian routes.
[2]
Pedestrian routes must be hard surfaced at least
four feet in width. Where the route crosses driveways, parking and
loading areas, the route must be clearly identifiable through the
use of elevation changes, paving materials or other methods.
(7)
Bicycle parking regulations.
(a)
Number of spaces. The number of required short-term bicycle
spaces is as follows:
[1]
Multifamily dwellings and apartments: one bicycle
space for every five dwelling units.
[2]
Public parking lots: four bicycle spaces per every
20 vehicle parking spaces.
[3]
Office, retail and restaurant: one bicycle space
for every 1,500 square feet of building gross floor area.
[4]
Existing public bicycle racks within 50 feet of
the main entrance of the subject building may be used to fulfill minimum
requirements.
(b)
Location.
[1]
Bicycle parking must be located outside the building
and at the same grade as the sidewalk.
[2]
For buildings with one main entrance, bicycle parking
must be located within 50 feet of the main entrance to the building,
as measured along the most direct pedestrian access route.
[3]
For buildings with more than one main entrance,
bicycle parking must be located along all facades with a main entrance
and within 50 feet, as measured along the most direct pedestrian access
route.
(c)
Bicycle racks. Standards for short-term bicycle parking are
as follows:
[1]
The bicycle frame and one wheel can be locked to
the rack with a U-shaped lock even if both wheels are on the bicycle.
[2]
An area of two feet by six feet must be provided
for each bicycle space. The bicycle should not be able to be pushed
over or fall in a manner that will damage it.
[3]
The rack must be in full view in a well-lit area
and securely anchored.
[4]
Bicycle racks may not obstruct pedestrian traffic.
(8)
Screening.
(a)
Screening.
[1]
Service areas.
[a]
Trash collection, recycling, compaction, and other
similar service areas must be located to the side or rear of buildings
and must be screened from view from adjacent properties and from a
public right-of-way (not including alleys).
[b]
Service areas that are not integrated into a building
must be screened on at least three sides by a wall at least six feet
hight and on the fourth side by a solid gate at least six feet high.
[2]
Roof-mounted equipment. Roof-mounted equipment
must be screened from ground level view from adjacent property and
adjacent public rights-of-way.
[3]
Wall-mounted equipment. Wall-mounted equipment
at grade level must be screened by landscaping or an opaque screen
and is not allowed on any surface that directly faces a primary or
side street.
[4]
Ground-mounted equipment. Ground-mounted equipment
must be screened from view by landscaping or a fence or wall that
is equal to or greater than the height of the equipment.
(b)
Fences and walls.
[1]
Height. Fences and walls required pursuant to this
subsection may be no higher than eight feet.
[2]
Materials.
[a]
Walls and fences must be constructed of high-quality
materials, such as decorative blocks, brick, stone, split-faced block,
or other materials consistent with the associated building.
[b]
Exposed standard concrete walls are prohibited.
[c]
Barbed wire, concertina, and chain-link fences
are prohibited.
(9)
Site landscaping.
(a)
General requirements. Applications required to meet the landscaping
standards in this section (See Applicability Matrix.[5]) must provide landscaping within portions of property that are not developed with structures, rights-of-way, or parking areas. [Note: Parking lot landscaping requirements are in Subsection E(6).]
[5]
Editor's Note: The Applicability Matrix is on file in the
City offices.
(10)
Lighting regulations.
(a)
Lighting.
[3]
Site lighting.
[a]
Site lighting fixtures must be complementary to
the architectural style of the building and surroundings.
[b]
Site lighting fixtures must be fully shielded.
Light trespass into adjacent noncommercial areas shall not exceed
0.1 footcandle in intensity.
[c]
Fixtures within pedestrian areas, along sidewalks
and walkways may be no higher than eight feet.
[d]
Fixtures within parking lots may be no higher than
20 feet.
(11)
Sign regulations applicable to all sites.
(a)
Applicability. With the exception of temporary and incidental signs allowed in Chapter 77, signs not identified in this subsection shall not be permitted in the Downtown Mixed-Use District.
(b)
Permit required. All applicants proposing to install, reconstruct, or alter a sign within the Downtown Mixed-Use District must obtain a permit according to the procedures set forth in Chapter 77.
(c)
Placement of signs. All signs must be located on the same lot
as the business to which it relates and be clearly incidental, customary,
and commonly associated with the operation of the business. Signs
may not be placed on accessory structures.
(d)
Sign height. No portion of a sign may be located at a height
of more than 20 feet above grade.
(e)
Roof encroachment. Signs may not project above the roof of any
building and are in no case permitted as building height encroachments.
(f)
Signs on the right-of-way. Signs may not encroach onto any streets
or alleys. Awning, projecting, and sidewalk signs may encroach over
the public sidewalk and must be located at a minimum of 18 inches
inside the curbline or edge of pavement, whichever is greater.
(g)
Maximum sign area per building. Each establishment may be permitted
a maximum square footage of sign area based on the subarea in which
it is located. The maximum sign area may be split between sign types
as identified within the regulations pertaining to each subarea.
(h)
Sign illumination. Signs may be illuminated where allowed in Subsection F, Regulations pertaining to subareas. The following requirements apply to all illuminated signs in the Downtown Mixed-Use District.
[1]
External illumination. External illumination of
signs may not shine directly into the public right-of-way or adjacent
properties. Fixtures must be shielded and directed to minimize light
pollution.
[2]
Internal illumination. Channel letters may be internally
lit or backlit. Exposed neon may be used for lettering and for accent
only.
[3]
Prohibited sign illumination. Blinking, flashing,
chasing, and bare-bulb sources of sign illumination are prohibited
Light emitting diode (LED) illumination is prohibited.
(i)
Electronic message displays. Electronic message displays are
prohibited. This includes all types of electronic message display,
include static display, moving or traveling text, scrolling, video,
or any animated content. This provision does not prohibit LED bulbs
within nonelectronic message displays.
(j)
Sign materials.
[1]
All signs must be of professional quality and constructed
of durable, weather-resistant materials.
[2]
All wood signage components must be sealed and
protected from the elements. Unpainted or unfinished treated and untreated
lumber is not permitted.
[3]
Signage materials must be of complementary color,
character, type, and quality to those found on the related principal
structure.
(k)
Multitenant signs. A multitenant sign plan must be submitted
to the Code Enforcement Officer for all sites occupied by more than
one tenant. The plan must indicate consistency with sign size and
material requirements in this section. The Code Enforcement Officer
may approve changes to multitenant signs that conform to these requirements.
(l)
Temporary, incidental and directional signs. Temporary, incidental, and directional signs are regulated by Chapter 77. Temporary signs in the Downtown Mixed-Use District may cover up to 20% of the window area and may include event posters, flyers, real estate listings, and window paintings, provided that they remain up for no more than seven days.
(m)
Indemnity agreement. All applicants proposing signs that encroach
into the public right-of-way must provide an indemnity agreement,
in a form acceptable to the City, holding harmless and indemnifying
the City, its officers and employees from and against any and all
claims and liability resulting from encroachment into the public right-of-way.
Applicants must also provide proof of insurance acceptable to the
City and naming the City as an additional insured on a primary, noncontributory
basis.
(n)
Removal of signs. All signs must be in compliance with the City Code Sign Permits Chapter 77. Any sign, existing on or after the effective date of this section, which no longer advertises an existing business conducted or product sold on the premises upon which the sign is located, shall be removed within 30 days of the discontinuance of the business.
(12)
General provisions for individual signs.
(a)
(b)
Projecting sign.
[1]
Description: a sign attached to the building facade
at a ninety-degree angle, extending more than 12 inches from the wall.
It may hang from a bracket and it may be two- or three-dimensional.
[2]
General provisions.
[3]
Measurement.
 |
|
A
|
Sign area
|
|
B
|
Projection from building
|
|
C
|
Depth
|
|
D
|
Height
|
|
E
|
Clear height above sidewalk
|
[a]
Dimensional requirements prescribed within each
subarea.
[4]
Illumination. Projecting signs may be internally
or externally illuminated.
(c)
Wall sign.
[1]
Description: a sign placed against a building and
attached to the exterior wall, attached so that the display surface
is parallel with the plane of the wall.
[3]
Measurement.
 |
|
A
|
Sign area
|
|
B
|
Projection from building
|
[a]
Dimensional requirements prescribed within each
subarea.
[4]
Illumination. Wall signs may be internally or externally
illuminated.
(d)
Window sign.
[1]
Description: a sign affixed to the inside of a
window or door, or a sign placed inside a building within 12 inches
from the window or door that is visible and legible through such window
or door.
[3]
Measurement.
 |
|
A
|
Area of windows and doors that may be covered by signs.
|
[a]
Dimensional requirements prescribed within each
subarea.
[4]
Illumination. Window signs may be internally illuminated
only.
(e)
Monument sign (single- and multi-tenant).
[1]
Description: a sign attached to the ground along
its entire length upon a continuous pedestal.
[2]
General provisions.
[a]
One monument sign allowed for each frontage along
a primary or secondary street.
[b]
Must be set back at least five feet from the front
property line and in no case may interfere with safe vehicle and pedestrian
traffic.
[c]
Must be no closer than 100 feet from any other
monument sign located on the same frontage.
[d]
Monument signs must be constructed of materials
and colors that are consistent with the building that is being advertised.
The base of the sign must run the entire horizontal length of the
sign and shall contain no sign copy.
[e]
A monument sign may be used as a multitenant directory
sign indicating the name of the occupants of a building or multiple
buildings. Each business may have no more than one sign within the
multitenant monument sign.
[3]
Measurement.
 |
|
A
|
Sign area
|
|
B
|
Height
|
|
C
|
Width
|
[a]
Dimensional requirements prescribed within each
subarea.
[4]
Illumination. Monument signs may be externally
illuminated only.
(f)
Sidewalk sign.
[1]
Description: a movable sign not attached to the
ground or building.
[2]
General provisions.
[a]
Each ground floor tenant may have one sidewalk
sign.
[b]
A sidewalk sign must be located at least 25 feet
from any other sidewalk sign.
[c]
Sidewalk signs must be placed indoors at the close
of each business day.
[d]
Sidewalks cannot obstruct vehicular or pedestrian
traffic and must comply with ADA clearance and accessibility requirements.
[3]
Measurement.
 |
|
A
|
Sign area
|
|
B
|
Height
|
|
C
|
Width
|
[a]
Dimensional requirements prescribed within each
subarea.
[4]
Illumination. Sidewalk signs may not be illuminated.
F.
Regulations pertaining to subareas. The following regulations shall
apply to property within each corresponding subarea.
(1)
D-1 Traditional Downtown Subarea.
(a)
The D-1 Subarea is intended to accommodate a mix of compatible
uses in a variety of building types that do not exceed four stories.
Special focus is placed on preserving and enhancing the historic character,
vibrancy, and walkable nature of the area in and around Webster Street
and Sweeney Street.
(b)
Guiding principles:
[1]
Maintain and improve the main street atmosphere
along Webster, Main and Sweeney Streets.
[2]
Encourage a mix of uses that promote activity.
[3]
Provide pedestrian and bicycle amenities.
[4]
Building facades should be built to the street
to create vertical definition and narrower streetscape proportions.
[5]
Building ground floors should be active and transparent.
[6]
Vehicle parking is located behind the building
or provided on-street (angled or parallel).
(e)
Building height.
(h)
Parking lot screening.
[2]
Requirements for parking lot screening area.
[a]
Continuous row of shrubs at least 36 inches in height. NOTE: A decorative fence of at least 36 inches in height and no higher than four feet, may be used to fulfill these screening requirements. The fence must meet the requirements of Subsection E(8).
[b]
Breaks for pedestrian access and driveways are
permitted.
(2)
D-2 High Density Downtown Subarea.
(a)
The D-2 Subarea is intended to provide a variety of urban housing
choices with medium-to-large footprints that reinforce the neighborhood's
historic and walkable nature. This subarea is intended to accommodate
buildings up to six stories.
(b)
Guiding principles:
[1]
Provide a mixed-use environment, focusing on residential
uses supported by ground floor neighborhood businesses, restaurants,
and retail.
[2]
Building facades should be built to the street
to create vertical definition and narrower streetscape proportions.
[3]
Building ground floors are active and transparent.
[4]
Vehicle parking is located behind the building
or provided on-street (angled or parallel).
[5]
New development and modification to existing structures
is compatible with the existing historic character of the district.
(c)
(e)
Building height.
(h)
Parking lot screening.
[2]
Requirements for parking lot screening area.
[a]
Continuous row of shrubs at least 36 inches in height. NOTE: A decorative fence of at least 36 inches in height and no higher than four feet, may be used to fulfill these screening requirements. The fence must meet the requirements of Subsection E(8).
[b]
Breaks for pedestrian access and driveways are
permitted.
(3)
OS Oliver Street of Shoppes.
(a)
This subarea is intended to accommodate large-scale redevelopment
of entire blocks. Special focus is on creating cohesive and pedestrian
friendly development, with attention given to compatibility with neighboring
residential areas and adjacent zoning districts.
(g)
Parking lot screening.
[2]
Requirements for parking lot screening area.
[a]
Continuous row of shrubs at least 36 inches in height. NOTE: A decorative fence of at least 36 inches in height and no higher than four feet, may be used to fulfill these screening requirements. The fence must meet the requirements of Subsection E(8).
[b]
Breaks for pedestrian access and driveways are
permitted.
(4)
RR - River Road.
(a)
The intent of this subarea is to accommodate large-scale redevelopment
of entire blocks. Special focus is on developing an orderly transition
from the D-1 District as well as creating an attractive and welcoming
environment along River Road that is inviting to pedestrians from
Tonawanda Island and offers connections to the D-1 District.
(b)
Guiding principles.
[1]
Allow redevelopment of entire blocks.
[2]
Accommodate mixed-use buildings with office and
retail uses.
[3]
Focus is on transitioning the River Road corridor
into an attractive, human-scale environment that is friendly to drivers,
pedestrians, and bicycles.
[4]
Vehicle parking is located at the rear of buildings,
below grade, or within the interior portion of a site that contains
a group of buildings.
[5]
Buildings are two to four stories in height.
(e)
Building height.
(h)
Parking lot screening.
[2]
Requirements for parking lot screening area.
[a]
Continuous row of shrubs at least 36 inches in height. NOTE: A decorative fence of at least 36 inches in height and no higher than four feet, may be used to fulfill these screening requirements. The fence must meet the requirements of Subsection E(8).
[b]
Breaks for pedestrian access and driveways are
permitted.
(i)
Signs standards.
[2]
Signs permitted (up to three types per building).
[a]
Awning sign: one per awning.
[b]
Monument sign: one per street frontage (maximum
of one on each frontage).
[c]
Projecting sign: one per ground floor tenant/business.
[d]
Sidewalk sign: one per ground floor tenant/business.
[e]
Wall sign: one per tenant/business per facade.
[f]
Window sign: one per business.
[4]
Monument sign.
[a]
Sign area (maximum): 64 square feet.
[b]
Height (maximum): 10 feet.
[c]
Number of faces (maximum): two.
[d]
Monuments signs for multitenant buildings: 25 square
feet per face for five businesses, with three square feet for each
additional business. Total square footage not to exceed 70 square
feet.
G.
Nuisances.
(1)
Performance standards. The purpose and intent of the following
performance standards regulations is to provide not-to-exceed threshold
values as a means of protecting the safety and welfare of the residents,
visitors and surrounding uses. The performance standards regulations
are provided in recognition that certain uses may jeopardize the health
and well-being of residents or visitors based on their impacts to
the surrounding environment.
(a)
Applicability. All uses subject to the requirements of this
section may be established and maintained if their operation is approved
by the Code Enforcement Officer as being in conformance with the standards
and regulations limiting dangerous and objectionable elements, such
as dust, smoke, odor, fumes, noise or vibration.
(b)
Performance standards procedures.
[1]
The Code Enforcement Officer, as part of the preapplication
conference, shall tentatively identify whether a proposed development
will be required to certify compliance with any of the performance
standards listed in this section. Certification may require a signed
written statement or presentation of construction detail and a description
of the specifications for the mechanisms and techniques to be used
in restricting the emissions of any dangerous and objectionable elements.
[2]
The applicant must submit plans and an affidavit
acknowledging its obligation to conform to the standards at all times.
The Code Enforcement Officer may require the applicant to show that
the construction detail and a description of the specifications for
the mechanisms and techniques is in compliance with the standards
set forth below.
[a]
Vibration.
[i]
No vibration shall be produced which is transmitted through
the ground and is discernible without the aid of instruments at or
beyond the lot lines, nor shall any vibrations produced exceed 0.002g
peak at up to a frequency of 50 cycles per second, measured at or
beyond the lot lines using either seismic or electronic vibration
measuring equipment.
[ii]
Vibrations occurring at higher than a frequency
of 50 cycles per second or periodic vibrations shall not induce accelerations
exceeding 0.001g single impulse periodic vibrations occurring at an
average interval greater than five minutes shall not induce accelerations
exceeding 0.01g.
[b]
Noise.
[i]
In the Downtown Mixed-Use District, it shall be unlawful to
operate or allow the operation of any sound-amplification equipment
so as to create sounds that are plainly audible from the boundary
line of the nearest residentially occupied property.
[ii]
For multifamily dwellings, including apartments,
condominiums, or other residential arrangements existing on a single
parcel or where boundary lines cannot readily be determined, it shall
be unlawful to operate or allow the operation of any sound-amplification
equipment so as to create sounds that are plainly audible from any
point within the interior of another residential unit in the same
complex or within the boundary line of the nearest residentially occupied
property. For purposes of this section, "sound-amplification equipment"
means a radio, tape player, compact disc player, digital audio player,
television, electronic audio equipment, musical instrument, sound
amplifier, or other mechanical or electronic sound-making device that
produces, reproduces or amplifies sound. This subsection shall not
apply to a special event, mass gathering or other permitted activity
by the City.
[iii]
Any commercial establishment such as a restaurant,
or nightclub with an outdoor balcony or patio must apply for a permit
prior to engaging in any outdoor entertainment that produces any noise
as defined in this section
[iv]
Further, the provisions of this section shall
not apply to entertainment facilities constructed to provide outdoor
entertainment owned by City. For the purpose of this subsection, "plainly
audible" means any sound which clearly can be heard by unimpaired
auditory senses.
[c]
Smoke. The emission of smoke or any other discharge
into the atmosphere during normal operations shall not exceed visible
gray smoke of a shade equal to or darker than No. 2 on the standard
Ringelmann Chart. (The Ringelmann Chart is a graphic published by
the United States Bureau of Mines, which shows graduated shades of
gray for use in estimating the light-obscuring capacity of smoke.)
These provisions applicable to visible gray smoke shall also apply
to visible smoke of a different color but with an apparent equivalent
capacity.
[d]
Odor. No emission shall be permitted of odorous
gases or other odorous matter in such quantities as to be readily
detectable when diluted in the ration of one volume of odorous emission
to four volumes of clean air. Any process which may involve the creation
or emission of any odors shall be provided with a secondary safeguard
system so that control will be maintained if the primary safeguard
system should fail. There is hereby established, as a guide in determining
such quantities of offensive orders, in Table III, Odor Thresholds,
in Chapter 5 of the Air Pollution Abatement Manual, Copyright 1959,
by the Manufacturing Chemical Association, Inc., Washington, D.C.,
as said manual and/or table is subsequently amended.
[e]
Fly, ash, dust, fumes, vapors, gases and other
forms of air pollution. No emission shall be permitted which can cause
any damage to health of animals, vegetation or other forms of property
or which may cause any excessive soiling at any point beyond the boundaries
of the maximum allowable concentration set forth in § 12-29
of the Board of Standards and Appeals of the New York State Department
of Labor, effective October 1, 1956, and any subsequent standards.
H.
Nonconformities. The purpose of this subsection is to establish regulations
and limitation on the continued existence of uses established prior
to the effective date of this chapter that do not conform to the provisions
of this chapter. This section will also provide for the gradual replacement
of nonconforming uses with uses that conform to the provisions of
this chapter. Nonconformities may continue, but the provisions of
this section are designed to limit investment in nonconformities and
to bring about their eventual elimination, where appropriate, in order
to preserve the integrity of the regulations established in this chapter.
(1)
Nonconforming uses.
(a)
Authority to continue.
[1]
The lawful use of any building or land existing
prior to the effective date of this chapter or its predecessor may
be continued even if such use does not conform to the provisions of
this chapter.
[2]
Any violation of this chapter prior to the effective
date of this chapter will continue to be deemed a violation, and no
use in violation prior to the effective date this chapter may be continued
if it does not conform to the provisions of this chapter.
(b)
Replacement, repair and maintenance.
(d)
Change in use. A nonconforming use may not be changed to another
nonconforming use. A nonconforming use that is changed to a conforming
use may not revert back to any nonconforming use. Any nonconforming
use may be changed to a conforming use.
(e)
Discontinuance. When a building or land containing a nonconforming
use ceases to be used for the nonconforming use for a period exceeding
90 consecutive days, the use may not be reestablished or resumed.
(f)
Unsafe structures. Any structure with a nonconforming use or
portion of that structure determined to be unsafe by the Code Enforcement
Officer may be restored to a safe condition, unless otherwise determined
by the Code Enforcement Officer.
(2)
(3)
Nonconforming signs.
(a)
General provisions.
[1]
Nonconforming signs must be properly maintained,
but may not be changed to another nonconforming sign, either due to
a change in text, cosmetically, or structurally.
[2]
Nonconforming signs may not be structurally or
electrically expanded or altered unless such alteration brings the
sign into conformance with the provisions of this section.
[3]
Nonconforming signs may not be relocated to another
site on the same property.
[4]
Nonconforming signs may not be reestablished after
discontinuance for 90 consecutive days.
(b)
Compliance. Nonconforming signs must be removed or brought into
compliance with the requirements of this section under the following
circumstances:
(c)
Amortization of nonconforming signs. Nonconforming signs shall
be removed or converted to a permitted sign within one year of official
notification of a nonconforming status by the Code Enforcement Officer.
Such notice must be recorded with the City Clerk and mailed to the
property owner. If the property owner fails to alter or remove the
structure to comply with the regulations set forth in this section
within 10 days following the final date of the amortization period,
such sign may be removed or altered by the City at the expense of
the owner or sign permittee.
I.
Administration.
(1)
Development review process.
(a)
Application requirements. Applications must include all information noted in Chapter 103 of the City Code.
(b)
Preapplication conference.
[1]
Prior to completion of a development application,
the applicant is encouraged to schedule a preapplication conference
with the Code Enforcement Officer to discuss application procedures,
standards, and regulations of this section.
[2]
A request for a preapplication conference by a
potential applicant must be accompanied by preliminary project plans
in hard copy format at 8.5 inches by 11 inches or 11 inches by 17
inches. The request must also include a cover letter describing the
project, including the parcel number(s) and address of the proposed
site, the square footage, height and character of the proposed development.
(c)
Application requirements. Applications must be submitted to the Code Enforcement Officer on the forms required in Chapter 103. Before review of any application, all associated fees must be paid in full.
(d)
Completeness review. The Code Enforcement Officer will review
the submitted materials for completeness and, within 10 days, either
accept the application as complete or request further information
from the applicant.
(e)
Administrative review.
[1]
Upon acceptance of a complete application, the
Code Enforcement Officer will, within 30 days, review the application
for consistency with the requirements of this section and forward
the application to the appropriate City departments for review and
recommendation.
[2]
Upon receipt of department comments, the Code Enforcement
Officer must make an initial determination of compliance with the
requirements of this section and any applicable requirements of the
City's Zoning Code, and prepare a written staff report.
(f)
Administrative approval. Applications that comply with all standards
of this section may be processed and approved by the Code Enforcement
Officer or designee.
(g)
Site plan review. Applications that do not comply with the standards of this section must complete site plan review, pursuant to the requirements of Chapter 103 of the Code and to the provisions of Subsection I(1)(g)[1] to [3] below.
[1]
Planning Board approval.
[a]
Pursuant to the requirements of site plan review, the Planning Board may approve applications that do not comply with the standards of the Downtown Mixed-Use District, subject to the criteria in Subsection I(1)(g)[2].
[b]
The Planning Board may conduct a public hearing
to make a determination to approve, approve subject to conditions,
or disapprove the application. The public hearing shall be held in
accordance with the provisions of this chapter and the General City
Law.
[2]
Planning Board approval criteria. The criteria
herein must be used by the Planning Board in reviewing applications
subject to site plan review, including all buildings, structures,
signs, and other site features:
[a]
The purpose, intent, and guiding principles of
the Downtown Mixed-Use District are met.
[b]
The proposal is compatible with the surrounding
properties.
[c]
The proposal minimizes impacts of noise, light,
debris, and other undesirable effects upon abutting properties and
the district or subarea as a whole.
[d]
Loading and refuse areas are adequately screened
such that they are not visible from adjacent rights-of-way and abutting
properties.
[e]
Ingress, egress, internal circulation, off-street
parking, loading/service areas are designed to promote safety, convenience,
and provide a high-quality pedestrian environment.
[f]
Signage is designed to provide compatibility with
building form, shape and color.
(i)
Historic Preservation Commission. Proposals within the boundaries of the Historic Overlay District shall be reviewed by the Historic Preservation Review Commission, in conformance with Chapter 51C (Historic Preservation).
(j)
Interpretations. The Code Enforcement Officer may provide interpretations
of the standards set forth in this section.
A.
Required spaces. On and after the effective date of
this ordinance, off-street parking spaces shall be provided at the
time of erection or enlargement of any principal building as hereinafter
specified.
(1)
Residential buildings.
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(a)
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Dwellings.
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One space for each dwelling unit.
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(b)
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Office of doctor or dentist in a residence.
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Five spaces in addition to those required for
dwelling units.
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(c)
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Other offices in a residence.
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Two spaces in addition to those required for
dwelling units.
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(d)
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Rooming or lodging houses, tourist home, hotel
or motel.
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One space for each dwelling unit and for each
room used for separate occupancy.
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(e)
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Nursing or convalescent home.
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One space for each two beds.
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(2)
Nonresidential buildings or uses.
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(a)
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School.
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One space for each classroom, plus one space
for each six seats in the auditorium.
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(b)
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Places of public assembly; church, auditorium,
stadium, theater, etc.
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One space for each five seats.
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(c)
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Clubs.
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One space for each 100 square feet or major
fraction thereof of gross floor area used for club purposes.
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(d)
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Eating and drinking places.
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One space for each two seats and standing places.
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(e)
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Doctor, dentist and real-estate office.
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Five spaces for each office.
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(f)
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Other business and professional offices.
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One space for every 150 square feet or major
fraction thereof of gross floor space.
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(g)
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Bowling alley.
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10 spaces for each alley.
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(h)
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Mortuary.
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10 spaces for each chapel or parlor.
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(i)
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Retail auto sales and repair garage.
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Five spaces plus one space for each 250 square
feet or major fraction thereof of gross floor area used for sales
and/or service. Such spaces shall be reserved for transient parking
and shall not be used for the storage of new or used motor vehicles
for sale or for hire.
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(j)
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Individual stores having less than 6,000 square
feet of gross floor area.
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One space for each 250 square feet or major
fraction thereof of gross floor area.
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(k)
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Individual stores with 6,000 square feet or
more of gross floor area. Shopping centers and groups of stores with
a gross floor area of over 20,000 square feet.
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One space for each 100 square feet or major
fraction thereof of gross floor area.
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(l)
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Manufacturing, storage and other industrial
floor area.
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One space for each 1,000 square feet of gross
floor area, but shall not be less than one space for each two employees,
exclusive of night shift.
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B.
Special regulations applying to accessory off-street
parking, used-car lots and gasoline stations.
(1)
Design standards.
(a)
Size of space. Except for one- and two-family
residences, 300 square feet of net standing and maneuvering space
shall be deemed to constitute a parking space.
(b)
Restrictions on other uses: all areas counted
as off-street parking space shall be unobstructed and free of other
uses, except off-street loading.
(c)
Protection of adjacent areas.
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(1c)
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Surfacing. Except for one- and two-family residences,
all open off-street parking areas, used-car lots and gasoline stations
shall be surfaced with a dustless material and shall be so graded
and drained as to dispose of all surface water accumulation, as approved
by the Building Inspector.
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(2c)
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Screening. All open off-street parking areas
with five or more spaces, used-car lots and gasoline stations shall
be screened from all adjoining residential districts by either a strip
four feet wide, densely planted with shrubs or trees, or a solid fence
or masonry wall not less than four feet nor more than seven feet high.
Such screening shall be properly maintained.
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(3c)
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Lighting. Any illumination of off-street parking
areas, used-car lots and gasoline stations shall be so arranged as
to direct the light away from the street and away from adjoining premises.
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(d)
Except for parking spaces required for single-family
and multifamily dwellings, access to and from public streets shall
be subject to approval by the City Engineer.
(e)
In any R Districts, no parking space shall be
provided in a required front yard.
(f)
Driveway design.
[Added 10-4-2016]
[1]
No driveway shall be placed or constructed that exceeds in width
1/3 of the total frontage of the parcel on which it is constructed
or placed, but in no event shall the width exceed 20 feet.
[2]
Any existing concrete or asphalt driveway and/or apron may
be replaced or repaired with no increase in size, subject to approval
by our Building Department.
[Amended 8-1-2023]
[3]
No driveway apron shall be so placed or constructed as to exceed
the width of the parcel's driveway by more than three feet, unless
said apron is replacing an existing apron in kind. No apron shall
be so placed or constructed so as to cross any projected property
line.
[4]
The widening of any existing driveway or driveway apron requires review and issuance of a grading permit by the City Engineer subject to the provisions of Chapter 48 of the Code.
(2)
Location. In any R District, required parking shall
be provided on the same lot with the use to which it is accessory.
Required parking in any C or M District shall be provided either on
the same lot with the use to which it is accessory or on another site
in a C or M District within 500 feet thereof. In the latter case,
however, the providing of such parking space shall be subject to deed,
lease or contract restrictions acceptable to the City Attorney binding
the owner, his heirs and assigns to maintain the required number of
spaces available throughout the life of such use.
C.
Any person, firm or corporation violating any of the provisions of
this section shall be subject to a fine not to exceed $100 for each
offense.
[Added 10-4-2016]
A.
As to use.
(1)
Public buildings, public services and public utilities.
The provisions of this ordinance shall not be so construed as to limit
or interfere with the development or use of public buildings used
for governmental purposes or with the construction, installation,
operation and maintenance for public utility purposes of water and
gas pipes, mains and conduits, electric light and electric power transmission
and distribution lines, telephone and telegraph lines, sewers and
sewer mains and incidental appurtenances or with any highway or railroad
right-of-way existing or hereafter authorized by the City of North
Tonawanda or the State of New York. The above provision shall not
be construed to permit yards, garages or other buildings for service
or storage by said public utilities, except as otherwise permitted
by this ordinance.
(2)
Accessory uses. In addition to other regulations of
this ordinance, accessory uses shall be limited as follows:
(a)
In any district, no accessory building shall
be used for residence purposes except by employees of the tenant or
owner of the premises as a condition of employment.
(b)
In any R District, the storage of gasoline in
quantities greater than 10 gallons on any lot shall not be permitted.
(c)
In any R District, no access driveway to or
from a business or industrial premises shall be deemed to be an accessory
use.
(d)
In any district, automobile wrecking shall not
be deemed to be an accessory use.
(3)
Limitations on gasoline stations and public garages.
(a)
No part of any building used as a public garage
or filling station and no filling pump, lift or other service appliance
shall be erected within 25 feet of any boundary lines of any R District.
(b)
No gasoline or oil pump, no oiling or greasing
mechanism and no other service appliance shall be installed in connection
with any filling station or public garage within 10 feet of any street
line.
(4)
Parking of commercial vehicles in R Districts. No
parking of a commercial vehicle shall be permitted in any R District,
except when the vehicle is used by the occupant of the premises and
does not exceed three-fourths-ton rated capacity. Storage of a commercial
vehicle shall not be permitted in any R District, except when such
motor vehicle is stored or deposited in a completely enclosed building.
[Amended 4-5-1988]
(5)
Signs in R-1 and R-2 Districts.
(a)
One nonilluminated sign not exceeding two square
feet in area shall be permitted as an accessory use. Such sign shall
consist of a nameplate with no lettering except to indicate the name
and profession or home occupation of the resident. Such sign shall
located on the principal building or on a separate support not closer
to the street line than 1/2 the required front setback.
(b)
Church, school or other institutional bulletin
boards not exceeding 25 square feet in area shall be permitted but
shall not be closer to the street line than 1/2 the required front
setback.
(c)
Real estate "For Sale" or "For Rent" signs not
exceeding six square feet in area shall be permitted on any premises
to which they pertain, but shall not be closer to the street line
than 1/2 the required front setback.
(6)
Temporary structures. Temporary structures may be
permitted in any district for uses incidental to construction work
for a period of time not to exceed six months, provided that such
buildings shall be removed forthwith upon the completion or abandonment
of the construction work. Permits for any other temporary structures
or for any extension of the six-month time limit shall be issued only
upon authorization of the Common Council.
(7)
Outdoor wood-burning boilers or similar devices:[1]
[Added 4-7-2009]
(a)
OUTDOOR WOOD-BURNING BOILER
SEASONED WOOD
WOOD FUEL
Definitions. As used in this subsection, the following terms shall
have the meanings indicated:
Any equipment, device, appliance or apparatus, situated outdoors,
freestanding, or in a freestanding structure, used to produce heat
or energy used to provide heat or hot water to a building.
Wood that has been cut a year and dried at least six months.
All wood intended to be used as fuel, including but not limited
to trees, cordwood, logs, lumber, sawdust and wood from manufacturing
processes, wood pellets, slabs, bark, chips, waste pellets. This does
not include material chemically treated with any preservatives, paint
or oil.
(b)
General provisions.
[1]
No boiler shall be installed within 50 feet of the building it serves
nor within 200 feet of any other building.
[2]
Not permitted in a front yard, and a minimum of 25 feet from a side
or rear property line.
[3]
A boiler located between 200 and 400 feet of a building other than
the building it serves must have a smokestack height of at least two
feet higher than the eaves of said building.
[4]
Boilers may be operated only during the heating season, which shall
be September 15 to May 31.
[5]
Only dry, seasoned, untreated wood fuel may be burned.
[6]
Cannot be the only source of heat.
[7]
Must be installed per manufacturer's recommendations.
B.
Height.
(2)
Public and quasi-public buildings. The height of churches,
schools, hospitals and other public and quasi-public buildings, when
permitted in any R or C District, shall be controlled by the side
yard and rear yard requirements established therefor in the district
regulations.
(3)
Exceptions. The height limitations of this ordinance
shall not apply to:
(a)
Church spires, belfries, cupolas and domes,
monuments, chimneys, smokestacks, flagpoles, radio towers, masts and
serials, water tanks, elevator penthouses, conveyors and scenery lofts,
provided that the aggregate horizontal area of such parts shall not
exceed 20% of the ground floor area of the main building.
(b)
Parapet walls not over four feet high.
(4)
Fences or walls. Except as otherwise provided in this
subsection, fences or walls shall be permitted in any district but
only when erected in accordance with the following regulations as
to height and type of fence:
[Amended 6-3-1980; 7-3-2001; 5-18-2005]
(a)
Seven feet where located in the back of the rear wall of the principal
building and six feet where located on the side of the principal building
and having a minimum of five feet of side yard.
(b)
No more than four feet where located in front of the principal building
and in excess of 15 feet from the front property line and no more
than three feet where located within 15 feet of the front property
line. No solid-type fence or wall shall be permitted in any district.
Any fence constructed in the front yard must be less than 50% solid
with no less than 2 1/4 inches of space between each picket or, upon
the approval of the Board of Appeals, subject to conformance with
the corner visibility provisions established under this section.
[Amended 8-21-2012]
(5)
Hedges. Except as otherwise provided for in this ordinance,
hedges adjacent to any vehicular traffic right-of-way shall be permitted
in any district, but only when maintained at a height of no greater
than two feet from grade.
[Added 7-6-2005]
C.
Area and yards.
(1)
Corner lot modification.
(a)
In the case of a corner lot in an R District
where the rear lot line abuts the rear lot line of an adjacent lot
in any R District, the required side yard on the street side of such
corner lot shall extend from the front yard to the rear lot line.
(b)
In the case of a corner lot in an R District
where the rear lot line abuts a side lot line of an adjacent lot in
any R District, the required side yard on the street side of such
corner lot shall equal 60% of the required front yard of said adjacent
lot, and no accessory building in any rear yard on such corner lot
shall project beyond the required front yard of said adjacent lot
or be located within 10 feet of the side yard of said adjacent lot.
(c)
In the case of a corner lot in any C or M District
which abuts a lot in any R District, all buildings on such corner
lot shall have a setback from the street on which the lot in the R
District fronts equal to 60% of the front yard requirements of the
R District.
(2)
Corner visibility. Within the triangle formed by two
intersecting street lines and a line joining points on such street
lines 30 feet from their intersection, no fence, wall, hedge or dense
foliage shall be erected, planted or maintained between the heights
of two feet and six feet in any R District. Open-type fences less
than 10% solid may be 3 1/2 feet high or, if approved by the
Board of Appeals, seven feet high.
(3)
Dwelling group. In the case of a dwelling group, all
required yards shall be measured from the dwellings nearest the respective
front, side or rear lot lines. Spacing between any two principal buildings
on a lot shall be equal to the average height of said buildings.
(4)
Location and coverage of accessory buildings. No accessory
building shall be erected or altered so as to:
(a)
Be in any required side or front yard.
(b)
Be nearer than 10 feet to any dwelling unless
attached thereto.
(c)
Be within five feet of any side or rear lot
line, except:
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(1c)
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That in any C District this requirement shall
be increased by one foot for each foot or fraction thereof that the
accessory building exceeds 15 feet in height.
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(2c)
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That this shall not prevent the erection in
any C or M District of a common private garage one story high, of
fireproof construction and housing not more than six motor vehicles,
across a lot line.
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(3c)
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(4c)
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That in any district, a single-story accessory
building, 750 square feet or less in area, will be permitted to be
three feet from any side or rear lot line.
[Added 11-7-2001] |
(d)
Have the aggregate ground area for all accessory
structures, paved or concrete areas exceed 30% of the required rear
yard in any R District or 40% of any required rear yard in any C District
or M District.
[Amended 10-4-2016]
(5)
Lot frontage on street. No dwelling shall be erected
on any lot which does not have immediate frontage on an existing or
platted street or highway as provided in Section 36 of the General
City Law.
(6)
Lot size exceptions for a lot of record. The lot width
and area requirements of this ordinance shall be automatically waived
to permit the erection of a single-family dwelling on any lot which
was of record at the time this ordinance became effective, provided
that yard and other requirements prescribed in this ordinance are
complied with.
(7)
Usable open space for residents in any C District.
In any C District where any building or portion thereof is used for
residential purposes, 400 square feet of open space per dwelling unit
shall be provided exclusively for recreation and household service
activities.
(8)
Front yards on through lots. In any R District where
and interior lot runs through a block from street to street, there
shall be a front yard of the depth required by this ordinance on each
street frontage. One of such yards shall be considered as a required
rear yard, but no accessory buildings nr structures shall be located
therein.
(9)
Front yard exceptions.
(a)
Where the immediately adjoining lots on each
side of a parcel of land in any R District and on the same side of
the street therewith or in any other case where at least 1/3 of the
R District lots on the same side of the street as such parcel and
between the same two intersecting or intercepting streets have dwellings
located thereon, the minimum front setback for such parcel shall be
the average setback of such existing dwellings. This requirement shall
not be so construed as to:
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(1a)
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Permit a front setback of less than 15 feet;
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(2a)
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Require a front setback of more than 75 feet;
or
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(3a)
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Prohibit a variation of three feet from the
computed average setback, if such setback is at least three feet greater
than the minimum specified in the district regulations.
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(b)
In the ease of any parcel in any M District
where the adjacent lots on the same side of the street and within
100 feet of said parcel have business and/or industrial buildings
thereon and are in an M District, the minimum front setback for such
parcel shall be the average setback of such buildings on said adjacent
lots.
(10)
Projection into yards. The following structures
shall be allowed within required yards.
(a)
The ordinary projection of window sills, belt
courses, cornices and other ornamental features to an extent of not
more than four inches.
(b)
Balconies, bay windows, chimneys and roof projections
not to exceed two feet.
(c)
Retaining wall of any necessary height.
(d)
Unenclosed or nonweatherproofed porches in rear
yards, but not more than 1/4 the required depth of such yard.
(e)
Unenclosed steps not extending above the floor
level of the first story, provided that such steps are at least five
feet from any lot line.
(f)
A paved terrace, provided that such terrace
is unroofed and without walls or other forms of enclosure and at least
five feet from any lot line.
(g)
Subject to height limitations hereinabove established,
fences or walls along property lines, provided that such fence or
wall shall be at least two feet distant from any existing or future
street line.
(11)
Side yard exception for dwellings. The total
width requirement for both side yards for dwellings may be reduced
by three feet in any case where a garage is attached to the dwelling;
provided, however, that no side yard shall be less than five feet
and that the attached garage shall be considered as part of the principal
building for purposes of yard measurement.
(12)
A site plan or plans drawn to scale must be
submitted to the Planning Commission for approval when more than two
dwelling units or a cluster of buildings is planned on one plot of
land located in any R or C Zoning District. The following departments
shall review and recommend to the Planning Commission their written
recommendations regarding the feasibility of such site plan or plans
within 30 days' receipt thereof: City Engineer, Fire, Police and Water
Departments and the Department of Public Works.
[Added 6-3-1980; amended 1-16-2001]
(13)
Television satellite receiver dish.
[Added 4-16-1985]
(a)
Definition. "Television satellite receiver dish"
shall include any and all television antennas or metal or plastic
apparatuses whose purpose is the reception of television and/or radio
signals from satellite or microwave transmissions.
(b)
No television satellite receiver dish shall
be constructed in the front yard, and they shall be further governed
by the same restrictions applicable to accessory buildings.
A.
Continuation. Any lawful use which is made a nonconforming
use by this ordinance or by any subsequent amendments thereto may
be continued as hereinafter provided.
B.
Cessation. The following nonconforming uses may be
continued for a period of three years, provided that after the expiration
of such period any such nonconforming use shall become an unlawful
use and shall be terminated:
(1)
In any R District, a nonconforming use not in an enclosed
building, including but not limited to junkyards, auto wrecking and
dismantling and the storage of motor vehicles which do not qualify
for a New York State motor vehicle inspection sticker.
(2)
In any R District, the parking or storage of equipment
or commercial vehicles exceeding three-quarter-ton rated capacity.
(3)
In any R District, a nonconforming sign or a nonconforming
building or other structure with an assessed value under $500.
C.
Change in use. A nonconforming use shall not be changed
to another use, except:
(1)
In any R District, a nonconforming use may be changed
to a use of a more restricted classification, including a conforming
use.
(2)
In any C District or M-1 District, a nonconforming
use may be changed to a use in the same use group or a use of a more
restricted classification, including a conforming use. This provision
shall not apply to a nonconforming residential use.
(3)
In any M District, a nonconforming residential use
may be changed to a conforming use.
(4)
Once changed to a conforming use or to a more restricted
use, no use thereafter shall revert to a less restricted use.
D.
Extension or enlargement. A nonconforming use shall
not be enlarged or extended, except as follows:
[Amended 2-12-1988]
(1)
In any C, M or WD District, any nonconforming use,
other than dwellings, may be enlarged to an extent not exceeding 25%,
in the aggregate, of the gross floor area devoted to such nonconforming
use, but in no case shall such enlargement extend beyond the lot occupied
by such nonconforming use. When the total of all enlargements equals
25% of the gross floor area existing at the time such use became a
nonconforming use, no further enlargement shall be permitted.
E.
F.
Restoration. No nonconforming building or other structure
which has been damaged or destroyed by any means to the extent of
50% or more of its value shall be rebuilt or repaired except in conformance
with the regulations of this ordinance. In any reconstruction of a
nonconforming building or structure, neither the floor area nor the
cubical content shall be increased from the original.
G.
Discontinuance. In any district, whenever a nonconforming
use of land, premises, building or structure or any part or portion
thereof has been discontinued for a period of one year, such nonconforming
use shall not thereafter be reestablished, and all future use shall
be in conformity with the provisions of this ordinance. Such discontinuance
of the active and continuous operation of such nonconforming use or
a part or portion thereof for such period of one year is hereby construed
and considered to be an abandonment of such nonconforming use, regardless
of any reservation of an intent not to abandon same or of an intent
to resume active operations. If actual abandonment in fact is evidenced
by the removal of buildings, structures, machinery, equipment and
other evidences of such nonconforming use of the land and premises,
the abandonment shall be construed and considered to be completed
within a period of less than one year, and all rights to reestablish
or continue such nonconforming use shall thereupon terminate.
H.
Prior-approved construction. Nothing herein contained
shall prevent the construction of a building for which a building
permit has been issued for a building made nonconforming by this ordinance
or subsequent amendments thereto, provided that such building permit
shall be void unless construction of such building shall have been
diligently prosecuted within six months of the date of such permit
and shall be completed within one year from the date such building
was made nonconforming.
A.
Enforcement officer. The provisions of this ordinance
shall be enforced by the Building Inspector of the City of North Tonawanda.
The Building Inspector shall keep a complete file of all applications,
permits, orders, certificates, requirements and decisions affecting
each and every application filed with the city pursuant to this ordinance.
B.
Building permit required. The provisions of the Building
Permit Ordinance[1] and other applicable regulations of the City of North
Tonawanda shall control the issuance of building permits. In addition
to such provisions, every application for a building permit shall
be accompanied by a plat, in duplicate, drawn to scale and showing
the dimensions of the plot to be built upon, the size and location
of the building on the plot and such other information as may be necessary
to provide for the enforcement of the regulations contained in this
ordinance. No building permit shall be issued unless the provisions
of this ordinance are complied with.
C.
Certificate of zoning compliance required.
(1)
No permit for excavation for, or the erection or alteration
of or repairs to any building shall be issued until an application
has been made for a certificate of zoning compliance.
(2)
No land shall be occupied or used and no building
hereafter erected, altered or extended shall be used or changed in
use until a certificate of zoning compliance shall have been issued
by the Building Inspector, stating that the building or proposed use
thereof complies with the provisions of this ordinance.
(3)
All applications for a certificate of zoning compliance
shall be in writing, signed by the owner, on forms furnished by the
Inspector, and shall contain the following information:
(a)
Nature and definite purpose of the building
or use.
(b)
Description of the property and buildings thereon
and to be placed thereon.
(c)
Statement of any restrictions by deed or other
instrument of record.
(d)
An agreement to comply with this ordinance and
all other laws, ordinances and regulations that may be applicable.
(4)
In addition, upon written request by the owner, the
Building Inspector shall inspect any building, other structure or
tract of land existing on the effective date of this ordinance, and
shall issue a certificate of zoning compliance therefor, certifying
the use of the building, other structure or tract of land, and whether
such use conforms to all the provisions of this ordinance.
D.
Inspection. The Building Inspector is hereby empowered
to cause any building, other structure or tract of land to be inspected
and examined, and to order in writing the remedying of any condition
found to exist therein or thereat in violation of any provision of
this ordinance. After any such order has been served, no work shall
proceed on any building, other structure or tract of land covered
by such order, except to correct the violation or to comply with such
order.
E.
Penalties. A person shall be guilty of an offense
punishable by a fine not to exceed $500 or by imprisonment for not
more than six months or by both such fine and imprisonment in any
case where an order to remove any violation by any provisions of this
subsection has been served personally or by ordinary mail by the Building
Inspector upon the owner, general agent, lessee or tenant of the building,
other structure or tract of land, or any part thereof, or upon, the
architect, builder, contractor or anyone who commits or assists in
any such violation and such person shall fail to comply with such
order within 10 days after the service thereof. Each day thereafter
that such violation shall continue shall constitute a separate offense
and shall be punishable hereunder.
[Amended 3-2-1964; 4-7-2009]
F.
Other remedies. In addition to the foregoing remedies,
the city may institute any appropriate action or proceeding to prevent
or restrain any violation of this ordinance.
A.
Creation and organization. A Board of Appeals, consisting
of five members appointed by the Mayor, is hereby established as constituted
and empowered under Section 81 and 81-a of the General City Law. One
member of said Board shall be designated by the Mayor to act as Chairman.
The City Clerk shall be the Clerk of the Board of Appeals.
B.
Powers and duties. The Board of Appeals shall have
all the power and duties prescribed by law and by this ordinance,
which are more particularly specified as follows:
(1)
Interpretation. Upon appeal from a decision by an
administrative official, to decide any question involving the interpretation
of any provision of this ordinance, including determination of the
exact location of any district boundary if there is uncertainty with
respect thereto.
(2)
Variances. Where there are practical difficulties
or unnecessary hardships in carrying out the strict application of
this ordinance, the Board of Appeals may vary or modify the requirements
of this ordinance relating to the use or the arrangement of buildings
or structures so that the spirit of this ordinance shall be observed,
public safety and welfare secured and substantial justice done. In
granting any variance, the Board of Appeals shall prescribe any conditions
that it deems to be necessary or desirable. No variance in the strict
application of any provision of this ordinance shall be granted by
the Board of Appeals unless it finds:
(a)
That there are special circumstances or conditions,
fully described in the findings, applying to the land or building
for which the variance is sought, which circumstances or conditions
are peculiar to such land or buildings and do not apply generally
to land or buildings in the neighborhood and are not self-created
by any person having an interest in the property or the result of
mere disregard for or ignorance of the provisions of this ordinance,
and that said circumstances or conditions are such that the strict
application of the provisions of this ordinance would deprive the
applicant of the reasonable use of such land or building;
(b)
That, for reasons fully set forth in the findings,
the granting of the variance is necessary for the reasonable use of
the land or building and that the variance as granted by the Board
is the minimum variance that will accomplish this purpose;
(c)
That the granting of the variance will be in
harmony with the general purpose and intent of this ordinance and
will not be injurious to the neighborhood or otherwise detrimental
to the public welfare.
(3)
The following types of cases shall be construed as
eligible for consideration as hardship cases within the meaning of
this ordinance.
(a)
Unusual size and shape of lot, Where, by reason
of exceptional narrowness, shallowness or shape of a specific piece
of property, at the time of the effective date of this ordinance,
or by reason of exceptional topographic conditions or other exceptional
physical difficulties in the development of such piece of property,
the literal enforcement of the requirements of this ordinance pertaining
to yards or other space relationships would result in peculiar practical
difficulties or exceptional undue hardship upon the owner of such
property. No use variance shall be granted in such case.
(b)
Lots in two districts. Where a district boundary
divides a lot in single or joint ownership of record at the time such
line is adopted, the Board of Appeals, under such conditions that
will safeguard the character of the more restricted district, may
permit the regulations for the less restricted portion of such lot
to extend not more than 25 feet into the less restricted portion,
provided that access to the lot is from the frontage on a street or
highway in the less restricted portion.
(c)
Adjacent nonconforming uses. Where adjacent
to a lot on both sides, in the case of an interior lot, or on both
the side and rear of the lot or on all of the corners of an intersection
in the case of a corner lot, there are buildings or uses which do
not conform to regulations prescribed in this ordinance for the district
in which said lot is located. In considering such appeal, the Board
shall give due regard to the nature and conditions of all adjacent
uses and structures: and, in granting any such appeal, the Board may
impose special requirements and conditions for the protection of conforming
uses and the ultimate removal of nonconforming uses and structures.
In any case, the variance as to the use or uses permitted on any lot,
whether principal or accessory shall not allow a use or combination
of uses more intensive or less restricted than any use which is legally
existing on premises immediately adjacent on either side of said lot,
or of premises on any other corner of the intersection in the case
of a corner lot.
(d)
Nonconforming building time elapsed. Where, because the principal building on any premises was originally lawfully erected and intended for a principal use which would now be a nonconforming use in the district in which located, and the right to continue, establish or reestablish such nonconforming use in such building is denied by the provisions of § 103-16 of this ordinance, the literal enforcement of such time would result in peculiar and exceptional practical difficulties or exceptional and undue hardship upon the owner of such property. In considering any such appeal, the Board shall give due regard to the age and condition of such building and its adaptability for or convertibility to a conforming use. In approving any such appeal the Board shall specify the time limit during which such grant of a variance shall be effective, which time limit shall in no case exceed the estimated useful life of such building. In case the building has been condemned by the Building Inspector and ordered to be demolished, the Board shall not grant any such appeal.
(4)
Special use permits. All applications for a special
use permit shall be subject to the following procedures and standards:
[Amended 3-21-1989]
(a)
Site plan. All applications for a special use
permit shall include a site plan and shall be made to the Board of
Appeals. Prior to the Board of Appeals taking action on a special
use permit application, the Board of Appeals shall refer such application,
together with a site plan, to the Planning Commission for review.
The Planning Commission shall review both the special use permit application
and the site plan and provide a written recommendation to the Board
of Appeals.
[1]
The review by the Planning Commission shall
consider and address the consistency of the special use permit proposal
and site plan with regard to:
[a]
The goals and policies of the City's
Comprehensive Plan and the provisions of this chapter.
[b]
Adjacent land use(s), the character
of the neighborhood, traffic conditions, parking, utility systems,
drainage and other matters which affect the public health, safety
and general welfare.
[c]
The ability of the site to be adequately
served by essential public facilities and services, including but
not limited to: sanitary sewers, public water supply, stormwater drainage,
street capacity, police protection, fire suppression services and
public schools.
[d]
The adequacy of any proposed open
space or recreational areas on the site, where applicable, to meet
the needs of the residents of the development.
[2]
Within 45 days of the receipt of a complete
application for site plan approval, the Planning Commission shall
issue a written report to the Board of Appeals. If the Planning Commission
deems that a public hearing on the site plan is in the best interest
of the City, the Planning Commission shall have 90 days from its receipt
of the application to provide its report to the Board of Appeals.
[3]
A site plan shall be approved by the Planning
Commission for each special use permit before a building permit may
be issued.
(b)
Dimensional variances. In the event a site plan
results in the need for dimensional variances, the Board of Appeals
will consider such variance application only after the Planning Commission
has completed its review of the site plan and has informed the Board
of Appeals as to the minimum variance necessary to accommodate the
site's layout.
(c)
Existing violation. No permit shall be issued
for a special use for a property where there is an existing violation
of this ordinance.
(d)
Expiration. A special use permit shall be deemed
to authorize only one particular special use. The special use permit
approved shall expire if action to develop the special use is not
commenced within six months of issuance or if the special use shall
cease for more than one year for any reason.
(e)
Standards.
[1]
The Board of Appeals shall not authorize any
permit under the provisions of this section unless it finds in each
case that the proposed use:
[a]
Will be in harmony with the comprehensive
plan set forth in this ordinance and with the general purposes and
intent of this ordinance;
[b]
Will not tend to depreciate the
value of adjacent property;
[c]
Will not create a hazard to health,
safety or the general welfare;
[d]
Will not alter the essential character
of the neighborhood nor be detrimental to the residents thereof; and
[e]
Will not otherwise be detrimental
to the public convenience or welfare.
[2]
In considering an application, the Board of
Appeals shall take into account the following:
[a]
Accessibility of the property in
relation to existing and proposed streets and the effect of the special
use on area traffic patterns;
[b]
The nature and intensity of the
operation and its compatibility with surrounding development;
[c]
The means by which surrounding
properties will be protected from any objectional influences, such
as noise, glare or dust, which may be produced by such special use.
C.
Procedure.
(1)
General.
(a)
The Board of Appeals shall have the power to
adopt rules of procedure not inconsistent with law or ordinance.
(b)
The meetings of the Board shall be held at such
times as it shall determine from time to time. The Chairman may call
a meeting at any time, or two members may call a meeting by filing
a copy of such call with the Clerk, directing him to notify the other
members of the Board of the time, place and purpose of such meeting.
All meetings of the Board shall be public, but the Board shall have
a right to consider matters involving the public welfare in executive
session, provided that no action in relation to such matters is taken
except in public session and by open vote.
(c)
The concurring vote of four members of such
Board shall be necessary to reverse any order, requirement, decision
or determination of the Building Inspector or to decide in favor of
the applicant any matter upon which it is required to pass under this
ordinance or to effect any variation in this ordinance.
(2)
Filing appeals and applications.
(a)
Appeal for interpretation. An appeal to the
Board of Appeals from any ruling of the Building Inspector may be
taken by any person aggrieved or by an officer, department, board
or bureau of the City. Such appeal shall be taken within such time
as shall be prescribed by the Board by general rule, by filing with
the officer from whom the appeal is taken and with the Clerk of the
Board of Appeals a notice of appeal specifying the grounds thereof.
The officer from whom the appeal is taken shall forthwith transmit
to the Board all the papers constituting the record upon which the
action appealed from was taken.
(b)
Appeal for variance and applications. An appeal
for variance or an application for any matter upon which the Board
of Appeals is required to pass may be made to the Building Inspector
by the owner or tenant of the property for which such appeal or application
is sought.
(3)
Public hearing.
(a)
The Board of Appeals shall fix a reasonable
time for the hearing of the appeal or other matter referred to it
and give due and public notice thereof by publication in the official
paper of the City of a notice of such hearing at least five days prior
to the date thereof and shall, at least five days before such hearing,
mail notice thereof to the petitioner and shall decide such appeal
or matter within a reasonable time after such hearing. Upon the hearing,
any party may appear in person, by agent or by attorney.
(b)
Every decision of the Board of Appeals shall
be by resolution, each of which shall contain a full record of the
findings of the Board in the particular case.
(4)
Stay of proceedings. Any appeal to the Board of Appeals
shall stay all proceedings in furtherance of the action appealed from
as provided in § 81 of the General City Law.
(5)
Fees. Any appeal or application to the Board of Appeals
shall be accompanied by a fee of $50.
[Amended 5-16-1960; 2-6-1979; 3-21-2000]
A.
Amendments. The Common Council may, from time to time,
on its own motion or on petition or on recommendation of the City
Planning Commission, after public notice and hearing, amend, supplement
or repeal the regulations, provisions or boundaries of this ordinance.
B.
Provisional amendment. In the case of a proposed amendment
to the regulations, restrictions and boundaries herein provided, which
amendment involves reclassification or transfer of any area from a
residential district to either a business or an industrial district,
the Common Council may require the petitioner to submit a development
plan showing the extent, location and character of proposed structures
and uses. The Common Council may require that such plan be modified
to meet the objections raised at any public hearing thereon or subsequent
thereto and may qualify its approval of any such amendment, in any
case, by attaching a special permit thereto. Within a period of six
months from the approval of such a zoning amendment, conditioned on
said special development plan, no building permit shall be issued
for any such property except in accordance with the development plan
as approved, in which case the permit shall contain all conditions
and limitations placed thereon by the Common Council or in accordance
with the zoning classification applicable before said action. Unless
a building permit for such special development is issued within six
months from the Common Council's approval and unless the area affected
by said amendment is developed in accordance with said permit within
a period of 18 months from the Common Council's approval, said approval
shall be void, and the zoning classification shall be as it was when
the petition for amendment was filed.
C.
Petition for amendment.
(1)
Whenever the owners of 50% or more of the frontage
in any district or a specified part thereof shall present their signed
petition to the Common Council requesting any amendment, supplement
or repeal of the regulations prescribed for such district or specified
part thereof, it shall be the duty of the Common Council to vote upon
such petition within 90 days after the filing of the same by the petitioners.
(2)
A petition to amend, change or supplement the text
of this ordinance or any zoning district as designated on the Zoning
Map established herein shall be filed with the City Clerk on forms
obtained from his office and shall be transmitted by him to the Common
Council.
(3)
After March 1, 1979, any petition to amend, change
or supplement this ordinance shall be accompanied by a filing fee
$100.
[Amended 2-6-1979]
D.
Public hearings. During the months of March, June.
September, January and whenever the time of the Common Council to
vote upon a petition is otherwise limited by § 83 of the
General City Law, the Common Council shall hold hearings on proposed
amendments, changes or supplements to this ordinance as provided in
said § 83 of the General City Law. At least 10 days' notice
of the time, place and object of such hearing shall be given by the
City Clerk in the following manner:
(1)
In the case of a proposed change in or supplement
to the text of this ordinance, by publication in the official paper
of the city.
(2)
In the case of a proposed change in the Zoning District
Map, if the area of land included in such change is less than 10 acres,
by publication in the official paper of the city and by serving of
notice upon all owners of record of all property included in the proposed
change and all properties having frontage on both sides of the public
highway or highways upon which any premises included in the proposed
change have a frontage within 400 feet in both directions along such
highway or highways from the nearest side line or nearest side line
extended of the premises included in the proposed change and also
upon the owners of record of all properties located within 50 feet
of the rear or side line of any premises included in the proposed
change. Such notice shall be served by mailing a copy of said notice
to the owners as shown on the maps and books of the City Assessor.
(3)
In the case of a proposed change in the Zoning District
Map, if the land included in such change consists of a single parcel
or two or more parcels which adjoin either immediately or across a
street or alley, with a total area of 10 acres or more, by publication
in the official paper of the city.
E.
Rehearing on petitions. No petition for amendment
which has been disapproved by the Common Council shall be again considered
by the Common Council within one year from the date of such disapproval
unless the City Planning Commission shall first submit a recommendation
and certify, with reason stated therefor, that there have been substantial
changes in the situation which would merit a rehearing by the Common
Council.
F.
Protests. In case of a protest against any change
signed by the owners of 20% or more of the land directly opposite
thereto, extending 100 feet from the street frontage of such opposite
land, such amendment shall not become effective except by the favorable
vote of 3/4 of the members of the Common Council.
G.
Referral to Planning Commission. Each proposed amendment,
except those initiated by the City Planning Commission, shall be referred
to the City Planning Commission, prior to the public hearing by the
Common Council, for an advisory report. In reporting, the City Planning.
Commission shall fully state its reasons for recommending or opposing
the adoption of such proposed amendment and, if it shall recommend
adoption, shall describe any changes in conditions which it believes
make the amendment desirable and shall state whether such amendment
is in harmony with a comprehensive plan of land use for the city.
A.
Rules of construction of language.
(1)
Words used in the present tense include the future
tense.
(2)
Words used in the singular include the plural, and
words used in the plural include the singular.
(3)
The word "lot" includes the words "plot" or "parcel."
(4)
The word "person" includes an individual, firm or
corporation.
(5)
The word "shall" is always mandatory.
(6)
The words "used" or "occupied," as applied to any
land or building, shall be construed to include the words "intended,
arranged or designed to be used or occupied."
(7)
Any reference to an R1 District shall be interpreted
to mean R1-1 and R1-2 Districts.
(8)
Any reference to an R District shall be interpreted
to mean R1-1, R1-2, R-2 and R-C Districts.
(9)
Any reference to a C District shall be interpreted
to mean C-1 and C-2 Districts.
(10)
Any reference to an M District shall be interpreted
to mean M-1 and M-2 Districts.
B.
ACCESSORY BUILDING OR STRUCTURE
ACCESSORY USE
AGRICULTURAL OPERATION
ALTERATION
BOATYARD
BUILDING
BUILDING HEIGHT
BUSINESS OR PROFESSIONAL OFFICE
CONDOMINIUM
DWELLING
(1)
(2)
(3)
(4)
DWELLING GROUP
FAMILY
GARAGE, PRIVATE
GASOLINE STATION
HOME OCCUPATION
(1)
(2)
(3)
HOTEL
JUNKYARD
KENNEL
LIGHT INDUSTRY
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
(9)
(10)
(11)
LOCAL WATERFRONT REVITALIZATION PROGRAM (LWRP)
LOT
LOT DEPTH
LOT LINES
LOT WIDTH
MARINA
MOTEL
NONCONFORMING USE
NURSERY SCHOOL
NURSING OR CONVALESCENT HOME
PUBLIC GARAGE or REPAIR GARAGE
REPAIR
RESIDENTIAL HOTEL
SETBACK
SIGN
SITE PLAN
STORY
STREET
STREET LINE
STRUCTURAL ALTERATIONS
STRUCTURE
TOURIST HOME
TOWNHOUSE CLUSTERS
TOWNHOUSE DEVELOPMENT
TRAILER (MOBILE HOME)
TRAILER PARK
USE
WATER-DEPENDENT INDUSTRY
(1)
(2)
(3)
YARD
(1)
(2)
(3)
Definitions. For the purpose of this ordinance, certain
terms or words used herein shall be interpreted or defined as follows:
A building or structure, the use of which is incidental to
that of the main building and which is located on the same premises.
A use customarily incidental and subordinate to the principal
use or building and located on the same lot with such principal use
or building.
The raising of agricultural products for gain. Plant nurseries
and commercial greenhouses shall be construed to be an "agricultural
operation."
Any change, rearrangement or addition to or any relocation
of a building or structure; any modification in construction or equipment.
A facility for servicing all types of watercraft as well
as providing supplies, storage and fueling facilities and with facilities
for the retail sale, rental or charter of boats, motors and marine
equipment.
[Added 2-12-1988]
A combination of any materials, whether portable or fixed,
having a roof, to form a structure affording shelter for persons,
animals or property. The word "building" shall be construed, when
used herein, as though followed by the words "or part or parts thereof,"
unless the context clearly requires a different meaning.
The vertical distance measured from the average elevation
of the proposed finished grade at the front of the building to the
highest point of the roof for flat roofs, to the deckline of mansard
(a roof with a double pitch on all sides) roofs and to the mean height
between eaves and ridge for bable, hip and gambrel roofs.
The office or studio of a physician, surgeon, dentist or
other person licensed by the State of New York to practice a healing
art, lawyer, architect, artist, engineer, real estate broker or salesman,
insurance broker or agent, teacher and persons employed in similar
executive or administrative occupations.
[Added 2-12-1988]
A building or groups of buildings in which units are owned
individually and the structure, common areas and facilities are owned
by all the owners of individual units on a proportional undivided
basis. Condominiums are a form of ownership of units which may be
built in residential districts or nonresidential units which may be
built in the C and M Zoning Districts. Condominiums are governed under
Article 9-B of the Real Property Law, also known as the "Condominium
Act" of the State of New York.
[Added 3-21-1989]
A building used as the living quarters for one or more families.
DWELLING UNITOne or more rooms designed for occupancy by one family for cooking, living and sleeping purposes.
SINGLE-FAMILY DWELLINGA building containing one dwelling unit and designed or used exclusively for occupancy by one family.
TWO-FAMILY DWELLINGA building containing two dwelling units and designed or used exclusively for occupancy by two families living independently of each other; or two one-family dwellings having a party wall in common.
MULTIFAMILY DWELLINGA building or portion thereof containing three or more dwelling units and designed or used for occupancy by three or more families living independently of each other.
A group of two or more dwellings located on the same lot
and having any yard or open space in common.
One or more persons living together in one dwelling unit
and maintaining a common household, including domestic servants and
gratuitous guests, together with boarders, roomers or lodgers not
in excess of the number allowed by this ordinance as an accessory
use.
An accessory building or portion of a main building used
for the storage of self-propelled vehicles used by the occupants of
the premises, including space for not more than one passenger vehicle
used by others.
Any area of land, including structures thereon, that is used
for the sale of gasoline, other motor vehicle fuel, oil or other lubricating
substances and motor vehicle accessories and which may or may not
include facilities for lubricating, washing or otherwise servicing
motor vehicles; but not including the painting thereof or the storage
of vehicles for any purpose other than servicing with fuel, lubricants,
antifreeze, tire repair and other emergency repairs of a temporary
nature.
An occupation for gain or support conducted within a dwelling
by the residents thereof which is clearly secondary to the use of
the dwelling for living purposes and does not change the character
thereof, provided that:
There is no exterior evidence of such "home
occupation" other than a permitted nameplate.
No article is sold or offered for sale except
such as may be produced by members of the immediate family.
Any use first permitted in Use Groups 3, 4,
5, 6 or 7 shall not be interpreted to be a "home occupation."
A building with sleeping rooms for seven or more persons,
where separate family cooking facilities are absent and where a general
kitchen and public dining room may be provided within the building
or in a building accessory thereto. (See "residential hotel.")
A place where junk, waste, discarded or salvaged materials
are bought, sold, exchanged, sorted, stored, baled, packed, disassembled,
handled or abandoned; but not including pawnshops or establishments
for the sale, purchase or storage of used furniture, household equipment,
clothing, used motor vehicles capable of being registered or machinery
to be reused for the purpose for which originally manufactured.
The keeping of more than three dogs that are more than six
months old.
The following manufacturing uses:
[Added 2-12-1988]
Laboratories engaged in research, testing and
experimental work, including any process normal to laboratory practice
and technique.
The manufacture, compounding, assembling and/or
treatment of articles or merchandise from previously prepared materials,
provided that no chemical process is involved in the manufacturing
process.
The manufacture and/or assembly of electronic
devices and electrical appliances, provided that all necessary and
approved safeguards are employed to prevent hazard and annoyance to
the community.
The manufacture and/or assembly of musical instruments,
novelties, toys or related products, business machines, custom-built
boats and grinding wheels.
The manufacture, compounding, processing and
storage of candy and confections, frozen foods, cosmetics, pharmaceutical
products, toiletries and food products.
Wholesale business and storage for the following
types of commodities: clothing, drugs, dry goods, packaged foods,
furniture, hardware and beverages.
Wood and lumber, bulk processing and woodworking,
including planing mills, excelsior, sawdust and wood preserving treatment.
The manufacture of paper and paper products
not involving the reduction and processing of wood pulp and fiber.
The manufacture of precision tools.
The treatment and processing of metal products.
Other light industrial uses which, in the opinion
of the Board of Appeals, are similar in nature and scale to those
identified herein.
The local program to implement the New York State Coastal
Management Program within the City of North Tonawanda as approved
by the Common Council and the Secretary of State pursuant to the Waterfront
Revitalization and Coastal Resources Act of 1981 (Article 42 of the
Executive Law of New York State).
[Added 2-12-1988]
A parcel of land occupied or capable of being occupied by
one building or a group of buildings and the accessory buildings or
uses customarily incident to such building or buildings, including
such open spaces as are required by this ordinance.
The mean horizontal distance between the front and rear lot
lines.
The property lines bounding the lot. In the case of a lot
abutting on more than one street, the owner may elect any street lot
line as the front lot line.
The least horizontal distance across the lot between side
lot lines, measured at the front of a main building erected or to
be erected on such lot or at a distance from the front lot line equal
to the required depth of the front yard.
A facility for the berthing and fueling of five or more recreational
watercrafts.
[Added 2-12-1988]
A building or group of buildings, whether detached or in
connected units, used as individual sleeping or dwelling units designed
primarily for transient automobile travelers and providing for accessory
off-street parking facilities. The term "motel" includes buildings
designated as "tourist courts," "motor lodges," "auto courts" and
similar appellations.
Any lawful use of land, premises, building or structure which
does not conform to the use regulations of this ordinance for the
district in which such use is located either at the effective date
of this ordinance or as a result of subsequent amendments thereto.
A school designed to provide daytime care or instruction
for two or more children from two to five years of age, inclusive,
and operated on a regular basis.
Any building where persons are housed or lodged and furnished
with meals and nursing care for hire.
Any garage, other than a private garage, available to the
public and which is used for storage, repair, rental, greasing, washing,
servicing, adjusting or equipping of automobiles or other motor vehicles.
Replacement or renewal, excluding additions, of any part
of a building, structure, device or equipment with like or similar
materials or parts for the purpose of maintenance of such building,
structure, device or equipment.
A building arranged, intended or designed for or containing
both dwelling units and individual guest rooms or suites of rooms,
not primarily for transients.
The horizontal distance from any building or from a specified
building to the nearest point in an indicated lot line or street line.
Any advertisement, announcement, direction or communication
produced in whole or in part by the construction, erection, affixing
or placing of a structure on any land or on any other structure or
produced by painting on or posting or placing any printed, lettered,
pictured, figured or colored material on any structure or surface,
but not including signs placed or erected by the City of North Tonawanda,
Niagara County, the State of New York or the United States of America
for public purposes.
A plan for the proposed development of a site showing the
arrangement, layout, location, design of buildings, open spaces, parking
areas and access, utilities, landscaping and natural site features,
signage and other pertinent information to permit a decision by the
Planning Commission.
[Added 3-21-1989]
That portion of a building between the surface of any floor
and the surface of the floor next above it or, if there be no floor
above it, then the space between any floor and the ceiling next above
it. A basement shall be counted as a "story," for purposes of height
measurement, if the ceiling of more than five feet above the average
adjoining ground level or if used for business or dwelling purposes.
A "half-story" is a story under a sloping roof having a ceiling height
of seven feet or more for an area not exceeding 1/2 the floor area
of the uppermost full story in the building.
Any right-of-way for a public street or an approved private
right-of-way.
A line separating a lot from a street.
Any change in the supporting members of a building or other
structure, such as bearing walls, columns, beams or girders.
Anything constructed or erected which requires permanent
location on the ground or attachment to something having such location.
A dwelling in which at least three but not more than eight
transient roomers are accommodated.
A building, or group of buildings, with each building containing
not more than eight townhouse dwelling units connected by common party
walls.
[Added 3-21-1989]
A development of independent single-family dwelling units
with a common party wall between adjacent units and each having a
private outside entrance.
[Added 2-12-1988]
A vehicle used for living or sleeping purposes and standing
on wheels or on rigid supports.
Any area or tract of land where space is used, rented or
held out for use or rent for the parking of trailers, but not including
areas used for trailer sales.
The specific purpose for which land or a building is designed,
arranged, intended or for which it is or may be occupied or maintained.
The term "permitted use" or its equivalent shall not be deemed to
include any nonconforming use.
Any manufacturing use having one or more of the following
characteristics:
[Added 2-12-1988]
Uses requiring large quantities of water for
processing and cooling purposes (e.g., fish processing plants or pumped
storage processing plants).
Uses that rely heavily on the waterbound transportation
of raw materials or products which are difficult to transport on land,
thereby making it critical that a site near shipping facilities be
obtained.
Uses that operate under such severe time constraints
that proximity to shipping facilities becomes critical (e.g., farms
processing perishable foods).
FRONTAn open space extending the full width of the lot between a main building and the front lot line, unoccupied and unobstructed by buildings, the depth of which shall be the least distance between the front lot line and any portion of a main building.
REARAn open space extending the full width of a lot between the rearmost main building and the rear lot line, unoccupied and unobstructed by buildings except as hereinbefore specified, the depth of which shall be the least distance between the rear lot line and the rear of such main building.
SIDEAn open space extending from the front yard to the rear yard between a main building and the side lot line, unoccupied and unobstructed by buildings. The required width of a "side yard" shall be measured horizontally from the nearest point of the side lot line to the nearest part of the main building.
The Zoning Ordinance of the City of North Tonawanda
enacted by the Common Council December 19, 1927, as the same from
time to time has been amended, is hereby reenacted and amended in
its entirety as herein set forth, superseding all previous enactments
and amendments, and, from its taking effect, all such previous enactments
and amendments thereto shall be repealed. Such repeal shall not affect
or impair any act done, offense committed or right accruing, accrued
or acquired or liability, penalty, forfeiture or punishment incurred
prior to the time such repeal takes effect, but the same may be enjoyed,
asserted, enforced, prosecuted or inflicted as fully and to the same
extent as if such repeal had not been effected.
If any section, subsection, paragraph, sentence,
clause or phrase of this ordinance is declared by any court of competent
jurisdiction to be invalid, such invalidity shall not affect any other
portion of this ordinance. The Common Council hereby declares that
it would have adopted every section, subsection, paragraph, sentence,
clause and phrase of this ordinance regardless of the fact that any
other section, subsection, paragraph, sentence, clause or phrase be
declared invalid.
This ordinance shall take effect as prescribed
by law, which is one week after publication.
[Added 3-21-89]
In accordance with § 103-6A(10), 103-7A(1) and 103-8A(8) herein and subject to the requirements specified below and in § 103-18B(4) of this chapter, including site plan approval by the Planning Commission, the Board of Appeals may approve proposals for a special use permit for the construction of townhouse clusters and developments in the R1-1, R1-2 and R-2 Residential Districts.
A.
General requirements. The following general requirements
and standards shall govern the review and approval of site plans for
townhouse clusters or developments:
(1)
Each townhouse dwelling unit shall be located, constructed
and served by public facilities and services and utilities in such
fashion that each dwelling unit may be sold individually.
(2)
Each individual dwelling unit in a townhouse cluster
shall be separated from other such dwelling units by a fire wall.
Such fire wall shall be of masonry construction, shall extend from
the foundation to the roof and shall be unpierced.
(3)
Natural features, including streams, drainageways
and existing trees, shall be preserved and incorporated in the landscaping
of the development.
(4)
All utility lines which provide electric, gas, telephone,
television or other similar services shall be installed underground.
Surface-mounted equipment shall be located in a manner so as to minimize
potential conflict with other uses and activities.
(5)
Plans submitted for townhouse developments shall identify
areas proposed for dedication to the city, areas to be held in common
ownership and property to be owned by individuals.
(6)
Common property shall, except when accepted by the
City Council for dedication, be privately owned. Where property is
to remain in common ownership, the developer shall provide for and
establish an organization for the ownership and maintenance of such
common property. Rules and regulations proposed to govern the operation
and maintenance of all common property shall be submitted for review
and approval by the City Council. Common property shall not be changed
from its status or use as common property without specific authorization
of the Council. In reviewing proposals for the establishment of organizations
to govern the ownership and maintenance of any common property, the
Council shall consider and determine the adequacy of:
(a)
The timetable for the creation of the organization.
(b)
The requirements for membership in the organization
by residents.
(c)
The safeguards to ensure the continuance of
the common property as common property.
(d)
The liability of the organization for insurance,
taxes and maintenance of all facilities.
(e)
The provision for pro rata sharing of costs
and assessments.
(f)
The financial capacity of the organization to
maintain and administer common facilities.
(g)
The proposed relationship between the developer
and the organization and the plan to turn over the responsibility
for the maintenance and administration of common facilities to the
organization.
B.
Minimum standards for townhouse clusters or developments.
(2)
Densities. The maximum densities of residential development
per gross acre of land (including roadways, pedestrian walkways, common
recreation areas, open areas and all nonresidential areas) for townhouse
clusters and developments shall be as follows:
(3)
Open space. Not less than 25% of the land area within
a townhouse cluster or development, excluding parking areas and vehicle
access facilities, shall be developed and maintained as open space
for the use and enjoyment of residents of said cluster or development
and their guests.
(4)
Lot coverage. The lot coverage of all buildings and
structures within a townhouse cluster or development shall not exceed
25% of the area of the tract.
(5)
Building height. No townhouse building shall exceed
30 feet in height.
(6)
Distance between buildings. The minimum distance between
a townhouse dwelling building and any other structure, including a
swimming pool, shall not be less than 25 feet.
(7)
Setbacks. No minimum front, side or rear setbacks
shall be required except when dwelling units are positioned relative
to a public street. Where a structure faces or abuts a public street,
no part of the structure shall be located closer than 35 feet to the
public right-of-way. No structure shall be set back less than 10 feet
from any common parking area.
(8)
Setbacks from other districts. No structure within
a townhouse cluster or development shall be located closer than 30
feet to the boundary line of any zone district.
C.
Building standards.
(1)
No more than eight townhouse dwelling units shall
be included in a single dwelling building.
(2)
No building shall exceed a maximum length of 240 feet
on any exterior facade.
(3)
Townhouse dwelling buildings shall be related to one
another in design, building mass, materials and placement to provide
a visually and physically integrated development.
(4)
The treatment of the sides and rear facades of all
buildings in a development shall be comparable in amenity and appearance
to the treatment of any building facade which faces a public street
and complimentary in architectural design to adjacent residential
structures.
(5)
Building walls shall be oriented so as to ensure adequate
exposure of light and air to each dwelling unit and to the rooms within.
(6)
Buildings shall be arranged so as to preserve visual
and audible privacy between each townhouse dwelling unit and adjacent
townhouse buildings.
(7)
Building entranceways of adjacent dwelling units in
the same structure shall be designed to ensure the privacy of occupants.
This may be accomplished by varying the setbacks of entranceways or
by providing screening or landscaped plantings, as appropriate.
(8)
Building entranceways shall be provided with appropriate
illumination for the convenience and safety of residents. Such lighting
shall be shielded to avoid glare disturbing other properties.
(9)
All townhouse dwelling units shall include ground-floor
living space. The location of an enclosed garage shall not qualify
as meeting this requirement.
D.
Townhouse parking standards.
(1)
No less than two off-street parking spaces shall be
provided for each townhouse dwelling unit.
(2)
No less than one of the two off-street parking spaces
required shall be wholly enclosed and located on the residential property
the parking space is designed to serve.
(3)
The developer may meet the requirements for off-street
parking by providing parking spaces in an enclosed garage plus any
combination of spaces on private driveways and/or in a common parking
lot.
(4)
No common off-street parking lot or outdoor storage
area shall be located closer than 25 feet to any adjacent property.
(5)
All off-street parking areas shall be privately owned
and maintained.
(6)
Common off-street parking facilities shall be landscaped
and screened from public view to the extent necessary to eliminate
unsightliness and the monotony of parked cars.
(7)
Common off-street parking areas shall be designed
with careful regard to orderly arrangement, topography, landscaping,
ease of access and shall be developed as an integral part of the overall
site plan.
(8)
Common off-street parking areas shall be provided
with suitable lighting for the convenience and security of residents,
but positioned and shielded to minimize glare and potential inconvenience
to residents of the townhouse cluster or development and adjacent
properties.
F.
Landscape site design standards.
(1)
Landscaping shall be provided along and adjacent to
all streets, common driveway areas and common off-street parking areas.
Landscaping treatments shall be designed, coordinated and installed
in accordance with the site plan approved by the Planning Commission.
(2)
Landscape treatment shall consist of shrubs, ground
cover and street trees and shall be designed and installed to provide
an attractive development pattern. Landscape materials selected should
be appropriate to the growing conditions of the local environment.
(3)
Whenever possible, existing trees shall be conserved
and integrated into the landscape design plan.
(4)
All landscaping, except for trees, shrubs and grasses,
either existing or to be installed within the public right-of-way,
shall be privately owned and maintained.
G.
Site circulation system design standards.
H.
Miscellaneous townhouse regulations.
(1)
No home occupations and no business activities of
any type shall be permitted within a townhouse cluster or development.
(2)
No signs shall be permitted in a townhouse cluster
or development except for a single illuminated nonflashing nameplate
sign not more than two square feet in area attached to the townhouse
dwelling unit and bearing only the street number of the dwelling.
(3)
One temporary advertising ground-type sign pertaining
only to the sale of a townhouse dwelling unit shall be permitted,
provided that such sign shall not exceed six square feet in area.
Such signs shall be located not more than 10 feet from the front entrance
to the townhouse dwelling unit which is for sale and shall be removed
within seven days after the execution of any agreement for the sale
of the premises.
(4)
As part of the site plan application, the developer
may propose to carry out the project in stages. The staging plan shall
be clearly identified on documents submitted with the special use
permit application and shall contain dates anticipated for the start
and completion of project activities and various phases. The proposed
staging plan shall be a part of the special use permit application.
The Planning Commission may approve a request for staging, provided
that the developer can demonstrate that such staged townhouse development
shall:
(a)
Enable each townhouse cluster(s) to be completed
and ready for occupancy prior to the start of development of the next
phase;
(b)
Not affect the residents' use and enjoyment
of each townhouse or any open areas;
(c)
Not necessitate development activity (such as
utility extensions, construction vehicles, etc.) that would interfere
with developed townhouse clusters; and
(d)
Not require more than 18 months to complete
all development activities on any site of five acres or less.
(5)
All fencing of common areas shall be shown on the
site plan.
(6)
Individual owners may erect privacy fences to enclose
outdoor areas of individual dwelling units. Such fences may be up
to six feet above ground level, provided that such fencing is located
not less than 15 feet from a public street, common off-street parking
or storage area or vehicular accessway thereto. Fencing which is closer
than 15 feet to a public street or common off-street parking or storage
area of vehicular accessway thereto shall not exceed three feet above
ground level.
(7)
Except for land which is owned in common, no property
owner shall erect or place an accessory building or structure on the
premises.
(8)
The storage of any unregistered vehicles or other
similar equipment out of doors overnight shall be prohibited.
(9)
No commercial vehicles shall be parked out of doors
overnight in the townhouse cluster or development except in a common
parking area. In no event shall vehicles be parked on any lawn area
or along any portion of any street located within the townhouse development.
I.
Special accessory uses. The following special accessory
uses may be established for the common and exclusive use of owners
of townhouse residences and their guests. Such special accessory uses
shall be operated on a not-for-profit basis and subject to the approval
of the Board of Appeals.
(1)
Recreational facilities such as open or enclosed tennis
courts, exercise facilities, picnic areas, gazebos or swimming pools,
as regulated elsewhere in this chapter.
(2)
One structure to house maintenance shops and vehicles
to be used exclusively for the maintenance and management of the townhouse
development.
(3)
Common space for the exclusive use and convenience
of residents of the townhouse cluster or development and their guests
to park vehicles. Such common space shall be adequately landscaped
and buffered so as to screen the site from adjacent areas and uses.
[Added 3-15-2006]
Condominiums, as defined in § 103-20B, shall be permitted. In addition to the zoning districts referred to in § 103-20B, condominiums shall also be permitted within the WD and WD-1 Waterfront Districts per §§ 103-13.2 and 103-13.3. The intent of this section is to provide areas within the City for medium-density multifamily development where the relationship among buildings and between wings of a single building is regulated in order to assure adequate light and air to residents and protection to and from surrounding development. Maximum density will be approximately eight to 12 dwelling units per gross acre, depending on dwelling unit size.
A.
Design regulations – principal structures and
uses.
(2)
Attached dwelling units.
(a)
Minimum lot size: one acre for nonresidential
uses and 1.5 acres for permitted residential dwelling group development.
Minimum frontage: 120 feet width for each group development of separate
structure not a part of a group development 120 feet.
(c)
Maximum structure height: 35 feet.
(e)
Maximum land coverage: 35%.
(f)
Access: Dwelling units within a group development
may be arranged in groups or clusters. Each group or cluster shall
abut a street, however, each dwelling unit within such group or cluster
need not so abut, provided that:
[1]
Each dwelling unit is accessible by means of
a private street to service any emergency vehicles.
[2]
The standards of design and construction for
private streets shall meet applicable City specifications for public
streets unless modified by the approved site plan.
[3]
The location, design and construction of all
utilities meet all applicable specifications and are adequate to serve
the needs of the group or cluster.
[4]
The procedures for the preservation and maintenance
of private streets, pedestrian ways and common open space comply with
all applicable laws.
(g)
Density. Minimum gross land area to be devoted
to attached units, excluding the area of public streets on the perimeter
of that area, shall be equal to the number of dwelling units times
3,500 square feet.
(h)
Principal structures shall be separated by at
least 30 feet.
(3)
Detached dwelling units.
(a)
Minimum lot size: one acre for nonresidential
uses and 1.5 acres for permitted residential dwelling group development.
Minimum frontage: 120 feet.
(b)
Density: Minimum gross land area to be devoted
to detached units, excluding the area of public streets that service
that area, shall be equal to the number of dwelling units times 3,000
square feet.
(e)
Maximum land coverage: 40%.
B.
C.
Design regulations — structures and uses accessory
to detached dwelling units.
[Added 12-20-2006]
Site plan decisions have a lasting effect on the character and function of a community. To protect the health, safety, and general welfare of the City of North Tonawanda and its citizens, regulations for site development are needed. The regulations contained in this section shall be considered minimum standards in addition to all other provisions of this chapter and shall apply to all new and modified existing public and private development whenever a permit is required. Whenever the requirements of this section conflict with the requirements of any other lawfully adopted rules, regulations or ordinances, the most restrictive or that imposing the higher standards shall govern. Exemptions to § 103-26, Site development regulations: All modifications to an existing structure that do not exceed 1,000 square feet in size or $50,000 in total cost. For new and existing detached single-family and duplex dwellings (this does not include condominium-style developments such as patio homes, etc.), only the following shall apply: all topsoil cleared for construction shall remain on site and be protected from wind, water, erosion, etc., and be reused for landscaping, to a minimum depth of six inches after compaction. Clean, friable and weed-free topsoil shall be obtained off site if topsoil on site is not sufficient for minimum depth requirement.
A.
Purpose of site development regulations. The purpose
and intent of the site development regulations are to:
(1)
Provide for high-quality, well-planned and well-maintained
development in the City of North Tonawanda.
(2)
Protect and promote the health, safety and general
welfare of the public.
(3)
Enhance the aesthetic and visual character of the
City while promoting pedestrian activity.
(4)
Establish minimum standards and criteria for site
development of new single- and multifamily residential and all nonresidential
development, to dissuade the unnecessary clearing and disturbing of
land so as to preserve the natural and existing growth of flora and
to replace removed flora, or plant new flora indigenous to the Western
New York region.
(5)
Reduce the effects of wind and air turbulence, heat,
noise and light.
(6)
Conserve and stabilize property values and to otherwise
facilitate the creation of a convenient, attractive and harmonious
community.
(7)
Create attractive buffers between street rights-of-way
and property lines, thus promoting a healthy and attractive environment.
(8)
Provide shade, prevent soil erosion, and create appealing
parking areas.
B.
CALIPER
DISTURBANCE
EROSION
IRRIGATION
LANDSCAPED AREA
LIGHT POLLUTION
OUTDOOR LIGHT FIXTURE
PARKING AREA
SHIELDED
SITE
STORMWATER
STORMWATER MANAGEMENT OFFICER (SMO)
STORMWATER POLLUTION PREVENTION PLAN (SWPPP)
WETLANDS
Definitions. As used in this section, the following
terms shall have the meanings indicated:
The diameter of a tree trunk as measured at a person's chest
height.
Any event or series of events that disrupts the ecosystem,
community or population structure, or alters the physical environment.
The wearing away of land surface by wind, ice or water, intensified
by land-clearing practices related to farming, residential or industrial
development, road building, or logging.
To apply water to land so that plants will grow or grow stronger.
The area required or permitted to be devoted to landscaping
and environmental improvement, which may include existing and new
vegetation.
Presence of excessive illumination in locations where it
is not desired; excess or obtrusive light.
Includes outdoor artificial illuminating devices, lamps,
and other devices, permanent or portable, used for illumination or
advertisement, including but not limited to search, spot or flood
lights for buildings and structures, recreational areas, parking lot
lighting, landscape lighting, billboards and other signage and streetlighting.
The off-street parking area and loading and unloading area
required by the appropriate sections of this chapter.
Lighting fixtures are shielded in such a manner that light
rays emitted by the fixture, either directly from the lamp or indirectly
from the fixture, are projected below a horizontal plane running through
the lowest point on the fixture where light is emitted.
Contiguous or detached parcels of land to be developed.
Stormwater runoff, snow melt runoff, and surface runoff and
drainage; rainfall that does not infiltrate the ground or evaporate
because of impervious land surfaces but instead flows onto adjacent
land or watercourses or is routed into drain/sewer systems.
An officer or employee designated by the Common Council to
accept and review stormwater pollution prevention plans (SWPPPs),
forward the plans to such employee, officer, or board of the City
of North Tonawanda which may be reviewing any application for a construction
activity requiring submission of a SWPPP, and inspect stormwater management
practices.
[Added 2-5-2008]
Areas that are inundated or saturated by surface water or
groundwater at a frequency and duration sufficient to support, and
that under normal circumstances do support, a prevalence of vegetation
typically adapted for life in saturated soil conditions. Wetlands
generally include swamps, marshes, bogs and similar areas but are
not always visibly wet.
C.
A landscape plan shall be submitted pursuant to the
following provisions and must be approved by the Planning Board prior
to site plan approval.
(1)
General requirements. The following shall apply to
all landscape plans:
(a)
All development subject to the provisions of
this section shall provide for a landscaped or natural area, which
is not less than 25% of the property area.
(b)
Landscape treatments shall be designed as an
integral part of the entire development and shall be distributed throughout
the development site.
(c)
Vegetation shall be compatible with soil conditions
on the development site and with the regional climate. Existing vegetation
may remain on site, provided such species are approved by the Planning
Board when granting approval of the landscape plan.
(d)
Each planting area shall be of adequate size
for the landscaping approved. The interior dimensions of any landscaped
area or median shall be a minimum of seven feet wide to ensure proper
growth of vegetation planted therein.
(e)
All landscaped areas shall have adequate irrigation
and drainage for that landscaping to ensure proper growth of vegetation.
(f)
Landscaped areas in or near parking areas or
roadways shall be bordered with approved concrete curbing or swales.
(g)
All landscaped areas shall contain clean, friable,
weed-free topsoil to depths necessary to sustain growth for trees,
shrubs and groundcover. In addition, all landscaped areas shall contain
two inches of wood mulch. Permeable interlocking pavers or decomposed
granite may also be utilized in heavily trafficked areas.
(j)
Not less than 5% of the interior of a parking
area designed for 10 to 25 cars shall be devoted to landscaped areas.
Not less than 10% of the interior of a parking area designed for 25
cars or more shall be devoted to landscaped areas. Interior parking
lot landscaping shall be considered as part of the 25% minimum landscaping
requirement.
(k)
Trees planted in a tree well or planter strip
shall be provided with a minimum seven-foot by seven-foot planting
area. Trees planted in an island planter shall be provided with a
minimum four-foot by eight-foot planting area. Planter dimensions
are measured from the interior side of the curb. Trees must be planted
behind the curb at a distance no less than 1/2 the minimum planter
width.
(l)
All paved surfaces are subject to shading requirements.
Shade shall be provided to at least 30% of all parking areas, walkways,
pedestrian access, etc., within 15 years of planting. The landscape
plan shall clearly show trees drawn to scale representing the canopy
size at 15 years. Shading shall be calculated by using the diameter
of the tree crown at 15 years. Areas where canopies overlap shall
not be counted twice. Exemptions: truck loading area in front of overhead
doors, and truck maneuvering and parking areas unconnected to and
exclusive of any vehicle parking.
(m)
A landscaped area at least 10 feet in depth
shall be provided along all exterior lot lines of parking areas unless
a greater landscaped area is required according to the provisions
of the given zoning district.
(n)
All nonresidential development located adjacent
to residential districts shall provide screening and/or buffering
using landscaping. Such screening and/or buffering shall be designed
so that a person standing on the adjacent residential parcel on the
minimum setback line, five feet above the finished grade, would not
be able to observe any uses, activities or automobile lights originating
from said nonresidential areas. This standard may be met by using
various techniques such as plant materials, earthen berms or combinations
thereof as approved by the Planning Board. Vegetation shall be the
preferred screening device. Such techniques can be applied within
the required side and rear yards.
(o)
Landscaping shall provide privacy and screening
for adjacent land uses, and shall take into account visual, noise
and air quality factors. More stringent standards may be required
by the Planning Board, particularly for industrial development, to
ensure adjacent properties are provided adequate visual and noise
screening.
(p)
All dumpsters shall be hidden from view from
adjacent properties by closed fencing and vegetation. The screening
of materials stored outdoors may be required by the Planning Board.
(2)
Landscaping specifications.
(a)
Any and all plantings shall follow all requirements
of the Code of the City of North Tonawanda.
(b)
Tree and shrub size and variety shall be outlined
on the landscape plan, and shall be large enough to establish an aesthetically
pleasing effect. Minimum tree and shrub sizes at planting shall be:
|
Plant type
|
Minimum Size
|
|---|---|
|
Large deciduous trees
|
2-inch caliper (diameter)
|
|
Conifers
|
5 foot height
|
|
Small or flowering trees
|
1 1/2 inch caliper
|
|
Large shrubs
|
30 to 36 inch height
|
|
Small shrubs
|
18 to 24 inch height
|
(c)
Specific species of all vegetation shall be
outlined on the landscape plan and approved by the Planning Board.
(d)
Native vegetation is preferred and shall be
used for plantings whenever possible. All landscaping, exclusive of
trees, shall contain a minimum of 25% species native to Northeastern
United States.
(e)
Nonliving materials shall not be substituted
for the required landscaping.
(3)
For tree planting requirements, exclusive of those within rights-of-way, a minimum of 30% species native to Northeastern United States shall be required. For placement of trees within rights-of-way refer to Chapter 91 (Trees) of the Code of the City of North Tonawanda. Trees used to meet landscaping requirements within rights-of-way shall be selected from the prepared street list available from the City of North Tonawanda Department of Parks and Recreation titled "Street Trees for Planting in North Tonawanda, Specimen Options." The Planning Board shall have the discretion to modify tree shading requirements under power lines and other obstructions which prohibit strict compliance with shading requirements.
(4)
New development shall be required to have landscaping
in place and completed prior to final certificate of occupancy. In
the event that seasonal conditions prevent completion of the required
landscaping until the following planting season, the Planning Board
shall set a completion date, and the property owner or developer shall
post a certified check in the amount of 50% of the cost of the landscaping
as verified in writing by the landscape architect or by the licensed
professional that sealed the landscape plan. Said certified check
shall be made payable to the North Tonawanda City Clerk and shall
be redeemable after completion and approval of said landscaping work
by the stated completion date. In the event that the landscaping plan
is not completed by the prescribed date, the owner or developer shall
forfeit the deposited amount, and the City shall find the site in
violation of this code until landscaping is completed as originally
approved.
(5)
Prior to final approval of the site plan, the property
owner or developer shall enter into an agreement with the City of
North Tonawanda to assure completed plantings. An irrevocable letter
of credit, bond, or other surety shall be required to guarantee maintenance
of approved landscaping for a period of three years from planting.
If the approved landscape plan is not followed during this time, the
surety or bond shall be forfeited and shall be used to complete the
landscape plan as approved. Prior to the release of the bond and upon
notification by the property owner or developer of completion, the
site shall be inspected by the Building Inspector or Code Enforcement
Officer.
(6)
All landscaped areas required and/or permitted by
this section shall be maintained and preserved according to the landscape
plan as originally approved or as amended by the Planning Board. The
property owner shall be responsible for the continued proper maintenance
of all landscape materials and shall keep them in a proper neat and
orderly appearance, free from refuse and debris at all times. Proper
maintenance shall include at a minimum: watering, weeding, mowing,
mulching, fertilizing and pruning. All unhealthy or dead plant material
shall be replaced within six months or by the next planting season.
D.
Minimize site disturbance during construction. To
conserve existing natural areas, protect trees, and provide habitat
to promote biodiversity, the following requirements shall be conformed
to:
(1)
Limit site disturbance, including earthwork and clearing
of vegetation, to 40 feet beyond the building footprint, five feet
beyond primary roadway curbs, walkways and main utility trenches,
and 25 feet beyond constructed areas with permeable surfaces (such
as pervious paving areas, stormwater detention facilities and playing
fields) that require additional staging areas in order to limit compaction
in the constructed area.
(2)
Locate and identify on the landscape plan all existing
trees with a caliper larger than eight inches and preserve a minimum
of 50% of these identified large caliper trees.
(3)
All topsoil cleared for construction shall remain
on site and be protected from wind, water, erosion, etc., and be reused
for landscaping, to a minimum depth of six inches after compaction.
Clean, friable and weed-free topsoil shall be obtained off site if
topsoil on site is not sufficient for minimum depth requirement.
E.
Erosion and sedimentation control. This subsection shall only apply to construction activities that disturb less than one acre of land. All construction activities that disturb one or more acres of land, or less than one acre of land if part of a common scheme of development or sale disturbing more than one acre, shall comply with the requirements of Article II of Chapter 48, Grading and Stormwater Management, of the Code of the City of North Tonawanda. In order to reduce water pollution and prevent erosion during construction the following requirements have been adopted:
[Amended 2-5-2008]
(1)
Design a site-specific sediment and erosion control
plan, which conforms to all current state and federal standards and
regulations. Additionally, the plan shall meet the following objectives:
(2)
Illustrate in construction documents how erosion control
requirements will be met for the overall project as well as for each
individual building and development phase.
F.
Maintain stormwater post-project runoff rates in accordance
with all current state and federal standards and regulations. Drainage
calculations shall be submitted to the Planning Board for review as
part of the site plan approval process.
G.
To maintain natural aesthetics and protect flora,
fauna and wetlands, refer to state and federal regulatory agencies
such as the New York State Department of Environmental Conservation
and the United States Army Corps of Engineers regarding wetlands regulations.
In addition, the following requirements shall be adhered to: Improve
the function of existing on-site wetlands or water bodies through
the restoration of hydrology, planting native species, removal of
exotic species, and/or other measures as determined appropriate by
the Planning Board.
H.
To promote alternative means of transportation, each
commercial, industrial and public building shall be required to provide
racks for a number of bicycles equivalent to 5% of the number of parking
spaces, with a maximum of 10 bicycle spaces.
I.
To minimize light pollution and light trespass for
the enjoyment and use of property and the night environment and to
conserve energy while increasing nighttime visibility, security and
productivity, the following requirements shall apply to all outdoor
lighting devices used for illumination or advertisement:
(1)
Except as otherwise provided in this section, all
lighting devices or fixtures shall be shielded in such a manner that
light rays emitted by the device or fixture, whether directly from
the lamp or indirectly from the fixture, are projected below a horizontal
plane running through the lowest point on the fixture where light
is emitted.
(2)
Requirements for lighting device or fixture heights,
shielding, placement and aiming to minimize light trespass and direct
glare emitted by a lighting system shall be as follows:
(a)
The maximum allowable height of wall-mounted
lighting devices or fixtures shall be equal to the horizontal distance
of the fixture to the property line with a maximum height of 15 feet,
(b)
Direct illumination from lighting devices or
fixtures shall not be visible from six feet above grade at the property
line.
(3)
The use of flashing, rotating or pulsating lights
in/on any outdoors sign or other lighting device is prohibited. This
provision shall not apply to flashing, rotating or pulsating lights
intended to warn of hazards and danger.
(4)
The operation of searchlights for advertising purposes
is prohibited.
(5)
Off-streetlighting shall be shielded and/or directed
in such manner that it only illuminates the user's premises and does
not spill over into neighboring areas or interfere with use of residential
properties.
(6)
Exemptions:
(a)
The provisions of this section do not apply
to incandescent lamps of 150 watts or less; glass tubes filled with
neon, argon or krypton; outdoor advertising signs constructed of translucent
material and wholly illuminated from within and fossil fuel light
sources.
(b)
The illumination of outdoor recreational facilities,
public or private, shall be shielded such that the glare or beam does
not emit beyond property lines, and no such facility shall be illuminated
after 11:00 p.m. except to conclude a specific sporting event or any
other activity conducted at a ball park, outdoor amphitheater, arena
or similar facility in progress prior to 11:00 p.m.
(c)
Seasonal holiday display.
(d)
Displays of the American flag.
(e)
The Planning Board may grant a special exemption
upon a written finding that there are extreme geographic or geometric
conditions warranting the exemption and that there are no conforming
fixtures that would suffice.
J.
Required submittals to the Planning Board.
(1)
An existing site survey prepared by a licensed New
York State land surveyor shall accurately display, to scale:
(3)
Proposed site plan, including:
(a)
Clearly dimensioned setbacks from property lines,
easements, wetlands, rights-of-way, etc.
(b)
Parking requirements and quantities.
(c)
Traffic flow patterns, including pedestrian,
within-site and at points of entry and exit to site.
(d)
Proposed grades and contours.
(e)
Proposed site storm drainage.
(f)
Lighting.
(g)
Signage.
(4)
Landscape plan.
(a)
The landscape plan shall be drawn to scale,
including dimensions and distances, and shall clearly delineate existing
and proposed structures, uses, parking areas, access aisles, drainage
pattern and the location, size and description of all landscape materials
existing and proposed, including but not limited to all trees and
shrubs, and shall include those existing plant materials that are
to be removed and such other information as may be required by the
Building Inspector and the Planning Board.
(b)
The landscape plan shall clearly show all existing
and anticipated changes to vegetation and natural features, including
but not limited to streams, state wetlands and federal wetlands. Natural
features shall be preserved and incorporated in the landscaped area
wherever possible. Existing vegetation and natural features may be
counted toward the 25% landscape requirement.
(c)
Landscape plans shall be prepared and certified
by a New York State licensed professional.
(d)
In the event that wetlands exist on site, a
copy of the letter of notification sent to the New York State Department
of Environmental Conservation and/or the United States Army Corps
of Engineers must accompany the landscape plan.
(6)
State and federal documents.
(a)
New York State Stormwater Pollution Prevention
Plan (SWPPP).
(b)
Environmental Assessment Form (EAF).
(c)
New York State Environmental Quality Review
(SEQR), declaration, and Environmental Impact Statement (EIS).
(d)
New York State Pollution Discharge Elimination
System (SPDES).
(e)
All other state and federal permits.
(7)
A SWPPP. A SWPPP shall be submitted, if required for the proposed construction activity under Article II of Chapter 48 of the Code of the City of North Tonawanda, together with the recommendation of the SMO to approve, approve with modifications, or disapprove the SWPPP in accordance with § 48-10B of the Code of the City of North Tonawanda. If a SWPPP is submitted in accordance with this subsection, the Planning Board shall not approve the site plan unless the SWPPP and site plan comply with the performance and design criteria and standards set forth in Article II of Chapter 48 of the Code of the City of North Tonawanda.
[Added 2-5-2008]
K.
Violations and penalties.
(1)
Failure to complete all site plan improvements submitted
to and approved by the Planning Board shall constitute a violation
of this section. Inspection of site plan improvements shall coincide
with the final construction inspection performed by the Building Department.
Determination of incomplete site improvements at final inspection
shall require an addition of $250 to the building permit fee for the
purpose of reinspection for completion.
(2)
Any person violating any of the provisions of this
section shall be subject to a fee of $250. A violation shall be deemed
to occur for each day that the permit holder fails to conform to the
provisions of this section.
