In accordance with the recommendations and policies
of the Town of Hamburg 2010 Comprehensive Plan and Local Waterfront
Revitalization Program (LWRP), the purpose of this zoning overlay
is to establish measures to improve the quality of development and
aesthetics along the Route 5 corridor. Such measures are designed
to improve business conditions and enhance economic development opportunities,
while at the same time to restore and continue the traditional community
character for this area of the Town. These regulations will also help
to alleviate traffic congestion and highway safety concerns along
this section of the Town's highway system to create a more pedestrian-friendly
environment. This overlay will allow the Town to better manage development
and the expansion of commercial uses along Route 5 and enrich the
overall visual quality and quality of life of the area.
This zoning overlay district shall encompass
the corridor of New York State Route 5, also known as "Lake Shore
Road," in the Town of Hamburg, extending southwest from the municipal
boundary with the City of Lackawanna to the intersection with Old
Lake Shore Road.
The special regulations and requirements contained
herein, which govern all potential development and redevelopment with
the boundaries of the Route 5 Overlay District, are founded upon the
following objectives:
A.
Establish design regulations that encourage compatible
building arrangements, size and form, character and landscaping to
provide for a more livable, harmonious and diverse community environment.
B.
Development and redevelopment should be designed to
create a sense of identity and redefine the character of the commercial
areas along Route 5 as "destinations" rather than "drive throughs."
Development and redevelopment in this area should reestablish, continue
and preserve the character of these hamlet areas to revitalize the
community environment.
C.
Ensure that new structures and structural modifications
are designed at a scale that is conducive to the area and invites
human interaction. Building designs, site improvements and amenities
should be pedestrian-friendly to lend a feeling of hospitality and
well-being to the area. Public gathering places, such as parks, promenades
and plazas, should be an essential component of site design wherever
possible.
D.
Development and redevelopment in the commercial hamlets
should allow for diversity and include a mix of uses and services
that generate activity and interest throughout the day, benefiting
persons of all age groups and income levels.
E.
Landscaping and other such amenities should be included
in site design to improve community aesthetics, protect views of Lake
Erie, screen existing parking areas and other adverse views, provide
shelter from the elements, and enhance public atmosphere and, where
applicable, patron experience.
F.
Whenever possible, natural vegetation and open space
should be preserved to the greatest extent possible to provide a natural
buffer between residential and business uses situated along Route
5 and to maintain and improve the aesthetic quality of the community.
G.
Property maintenance and safety shall be promoted
throughout the area to provide a prosperous and inviting area for
the public.
H.
Development and redevelopment shall be undertaken
in a manner that lends protection to structures and properties of
historic significance in the area. Demolition of existing structures
that possess significant historic value or other elements that contribute
to community character shall be discouraged. Building designs should
emphasize styles that emulate existing historic character and nautical
appeal.
I.
The needs of pedestrians and shoppers, and the overall
character of the area, should be placed above the needs of motorists
through the appropriate placement and design of parking areas, points
of ingress and egress, alleys and walkways. Site designs should avoid
expansive areas of pavement and excessive curb cuts, unless deemed
necessary for the general safety and welfare of the community.
J.
Maintain and improve traffic conditions and the walkability
and pedestrian circulation of the area as development and redevelopment
take place.
K.
Establish minimum requirements that recognize the
need for safe and efficient traffic operations, which often appear
to conflict with the objectives of developers; reduce the number of
conflict points along Route 5 to better manage highway access.
These overlay district regulations shall be
superimposed over, and supplement, the underlying zoning restrictions.
Each use must conform to the development standards required by the
underlying zoning district and other provisions of this chapter, as
well as this overlay district, and the more stringent standards shall
prevail.
Within the boundaries of the Route 5 Overlay
District, the underlying allowable uses and accessory uses in the
underlying zoning districts shall be as specified in this chapter.
A.
Aesthetic and architectural features. The intent of
the following design standards and provisions is to enhance the appearance
of the built environment. By adding design detail, you can improve
the character and appeal of the community and better define pedestrian
linkages and areas for human activity. These improvements, in turn,
can result in increased investment in the commercial districts, enhancement
of property values, and overall enrichment of the quality of life
in the area.
(1)
All new buildings shall be set back not less than
15 feet nor more than 50 feet from the property line. This setback
area shall be landscaped with grass, trees and shrubs. Parking areas
may be allowed within this area at the discretion of the Planning
Board.
(2)
A yard area measuring a minimum of five feet wide
shall separate proposed parking areas from parking areas located on
adjoining parcels.
(3)
Windows shall cover a minimum of 35% of any facade
facing a roadway, but not exceed 75% of this area.
(4)
Refuse dumpsters or containers should be located at
the rear of the property and must be properly gated and screened from
view with wooden or another style of fencing acceptable to the Planning
Board. These structures shall not be located less than 20 feet from
adjoining residential properties.
(5)
Loading areas shall not face the road.
(6)
Flat-roofed structures are discouraged. Flat roofs
shall be prohibited on buildings measuring less than 10,000 square
feet.
(7)
Rooftop mechanics shall be screened from public view
by the use of architecturally compatible materials and components.
(8)
Ground-level mechanical equipment shall be fully screened
from public view through the use of landscaping, fencing or other
design treatments compatible with the buildings.
(9)
Site design shall demonstrate architectural compatibility
of buildings on the site, with consideration given to the appearance
and style of surrounding uses. Building designs should emphasize a
nautical theme.
(10)
Buildings identified to be of historic or distinctive
character shall be preserved. The removal or disruption of historic,
traditional or significant structures or architectural elements shall
be discouraged.
(11)
All building facades that would be visible from
roadways, parking areas or adjacent sites shall be architecturally
designed to enhance aesthetic appearance.
(12)
Buildings shall be designed to eliminate long
expanses of blank walls of a single color or texture.
(13)
The front facade of any building shall be constructed
of brick, split block, stone, stucco or wood frame with cedar or lap
siding or other materials acceptable to the Planning Board. The use
of concrete block, cast-in-place concrete or cinder block is discouraged.
(14)
Buildings designed to advertise or promote a
uniform corporate image shall be subject to the review and approval
of the Planning Board.
(15)
Multi-user structures must be designed in such
a way as to avoid the appearance of strip plaza development.
(16)
Elevations (minimum front and sides) and an
architectural rendering with detailed drawings of facade treatments
and selected building materials, specific to the proposed site, shall
be submitted to the Planning Board for review and approval.
(17)
Outdoor storage areas are subject to the approval
of the Planning Board.
(18)
Sidewalks measuring no less than five feet in
width shall be installed within the right-of-way frontage of the property
to allow for adequate pedestrian activity.
(19)
Sidewalks or paths should be included as a part
of site design to assist with walkability. Where sites are adjacent
to municipal sidewalks, they shall be connected with them.
(20)
Pedestrian walkways shall be provided between
buildings on a single site. Walkways shall also be incorporated into
cross-access points.
(21)
Pedestrian walkways shall be constructed of
concrete or decorative brick or similar materials. The use of blacktop
is discouraged.
(22)
Walkways located within parking areas shall
be properly striped or otherwise delineated.
B.
Off-street parking. Off-street parking, loading and
stacking areas or structures shall be calculated and designed as required
by the underlying zoning, as specified by this chapter.
C.
Landscaping; general. Landscaping and the preservation
of natural vegetation facilitates the creation of an attractive and
harmonious community. The intent of these standards and provisions
is to preserve and create a healthful and pleasant setting that relieves
the stark, blighted appearance of paved surfaces, provides shade,
enhances views of Lake Erie, and improves the general appearance of
the built environment. Discouraging the unnecessary clearing and disturbance
of land, and encouraging the aesthetic improvement of site development
through the use of trees and plantings and the preservation of natural
areas, can result in the overall improvement of scenic quality and
the stabilization and enhancement of property values and the business
environment.
(1)
A minimum ground area of not less than fifteen percent
(15%) of the total lot area shall be preserved as open space and landscaping.
(2)
Not less than 5% of the interior of a parking area
designed for 20 cars or more shall be devoted to the required landscaping
area and shall be distributed so as to prevent unsightliness and monotony
of parked cars.
(3)
The interior dimensions of any area or median shall
be a minimum of seven feet wide to ensure the proper growth of materials
planted therein.
(4)
All existing trees larger than 8 inches in diameter,
as measured three feet above grade, shall not be removed without prior
Planning Board approval. All groups of trees and other natural vegetation
shall be incorporated onto the landscaping plan, where feasible. Efforts
shall be made to preserve these features, particularly along rear
lot lines.
(5)
A minimum of one tree per 30 feet of frontage shall
be planted in the required front yard setback area. Additional trees
shall be planted throughout the developed area at a ratio of one tree
per 30 feet of side yard and rear yard dimensions. Trees along the
side and rear lot lines may be evenly spaced or clustered together
to break up the monotony of the design.
(6)
On all lots that do not have an existing vegetated
buffer along the rear lot line, the applicant shall vegetate this
area with new shrubs and trees, and natural berming or screen fencing
at the discretion of the Planning Board.
(7)
Landscape treatments shall be designed as an integral
part of the entire development. Existing natural features and vegetation
shall be preserved and incorporated into the landscaped areas wherever
possible.
(8)
All trees planted shall have a minimum caliper of
2 1/2 inches as measured six inches above the ground.
(9)
Plastic or other types of artificial plantings or
vegetation shall not be permitted.
(10)
The primary emphasis of the landscape treatment
shall be on trees, and efforts shall be made to preserve existing
trees. Shrubbery, hedges, grass and other vegetation should be used
to complement the use of trees, but shall not be the sole contribution
to the landscape treatment.
(11)
Parking, loading and stacking areas and driveways
located adjacent to residential districts shall be landscaped by screening
and/or buffering. Such screening or buffering shall be so designed
that a person standing on the adjacent residential parcel on the minimum
setback line, five feet above the average finished grade, would not
be able to perceive by eye any uses, activities or automobile lights
originating from these areas or driveways. This may be accomplished
through the use of various measures, such as fencing, planted materials,
earthen berms or any combination thereof. Such measures shall be applied
within the required side and rear yards.
(12)
All landscaped areas required or permitted by
this section shall be maintained and preserved according to the plan
as originally approved or amended by the Planning Board. Flora that
dies shall be replaced within the next planting season with plantings
of a similar nature.
(13)
The Planning Board, as a part of site plan review,
may reduce the minimum number of off-street parking spaces required
by this chapter by not more than 10%, provided that the land areas
so removed are not used to meet the landscaped area herein required
and is used exclusively for additional landscaping or open space in
accordance with the standards and criteria outlined herein. If at
any time thereafter the Planning Board determines that the land area
so removed is needed to provide necessary off-street parking, it may
order the installation thereof. Any certificate of occupancy issued
for any parking area and the building serviced thereby shall be deemed
conditional upon the possible requirement for the future installation
of additional parking, upon such order by the Planning Board. Failure
to comply with such an order within the time fixed thereby shall constitute
a violation of this chapter.
D.
Signage; general. By lending attention to signage
and the visual appearance of signs you can provide for a more enjoyable
and scenic community. The intent of the following standards and provisions
is to protect and improve property values, create a more attractive
economic and business environment and reduce distractions and obstructions
that can disrupt the visual appeal of a commercial district. These
provisions are aimed at creating a more pleasant and uniform visual
setting and eliminating the chaotic and haphazard design, orientation
and placement of signage that can result in scenic blight. Signage
should be designed at a human scale and in relation to a walkable
commercial district.
(1)
No sign shall be placed on public property or in the
public right-of-way unless specifically authorized.
(2)
No freestanding sign shall be erected on any property
with less than 30 feet of frontage.
(3)
No sign shall be erected in such a manner as to obstruct
free egress from a window, door or fire escape or so as to become
a menace to life, health or property.
(4)
No sign shall be erected in such a manner as to prevent
the driver of any vehicle from having a clear and unobstructed view
of any official sign(s), any entrance or exit roadway, any intersection,
or approaching or merging traffic.
(5)
Proposed signage shall be considered in conjunction
with existing signage in the vicinity to ensure compatibility with
existing conditions and adherence to the intent of this district.
(6)
No signs, except such directional devices as may be
required by the federal aeronautical authorities, shall be placed,
inscribed or supported on the roof or above the highest part of the
roofline.
(7)
Electronic signboards, when permitted by the Planning
Board, shall be used to report the time and temperature only.
(8)
Signs shall be internally lit; no neon lighting or
backlit canopies shall be permitted.
(9)
Ground-level/monument signage is recommended. In no
case shall such signage exceed four feet above grade level or be greater
than 60 square feet in area.
(10)
Pole signs shall not exceed 12 feet in height,
with the lowest member (excluding the pole) not less than six feet
above finished grade.
(11)
Street address numbers shall be posted on all
buildings.
(12)
Awning and unlit canopy signs shall contain
only the name, logo and street number of the enterprise.
(13)
Wall signs shall not exceed more than 50 square
feet in area or cover more than 20% of the wall.
(14)
The appearance and placement of signage shall
be subject to Planning Board discretion as part of the site plan review
process.
E.
Site lighting; General. It is the intent of these
standards and provisions to prevent, reduce or eliminate the problems
created by improperly designed and installed outdoor lighting. These
provisions are intended to eliminate problems of glare, minimize light
trespass and help to reduce energy usage and the financial costs of
outdoor lighting by establishing standards that limit the area that
certain kinds of outdoor lighting fixtures can illuminate and by limiting
the total allowable illumination of properties located in the overlay
district. The purpose of these standards is to ensure that outdoor
lighting does not interfere with the reasonable use and enjoyment
of property and to encourage lighting practices that will prevent
light pollution by reducing uplight, glare and overlighting. These
regulations are also intended to provide for the safe movement of
traffic, for satisfactory vision for pedestrians and for the guidance
of both vehicles and pedestrians.
(1)
Lighting design shall not create a nuisance to adjacent
residences.
(2)
Pole-mounted lighting shall not exceed a total height
of 15 feet from finished grade to the top of the fixture.
(3)
Lighting illumination levels shall not exceed six
lux / 0.6 footcandles.
(4)
All external lighting sources shall be designed and
shielded to avoid hazardous interference and direct glare onto adjacent
streets and properties.
(5)
The lenses in pole- and wall-mounted lighting shall
be recessed to control the adverse impacts of light spillout and glare.
(6)
A mixture of lamp types on the same site shall be
avoided.
(7)
To provide optimum color rendition, lamps are preferred
in the following order: high-pressure sodium, metal halide, low-pressure
sodium.
(8)
Parking area lighting fixtures shall not be illuminated
after 11:00 p.m., unless otherwise approved by the Planning Board,
and shall be designed to illuminate the parking area only.
(9)
Security lighting and other building lighting will
be allowed to operate as long as it does not create a nuisance to
adjacent residences.
(10)
The appearance and placement of lighting shall
be subject to Planning Board discretion as part of the site plan approval
process. Lighting plans shall be submitted and must include illumination
footprints for review by the Panning Board.
F.
Access management.
(1)
General. One of the most important objectives of access
management is reducing the potential for conflicts, particularly along
the most heavily traveled roads. The best methods for achieving a
reduction in conflicts are reducing the number of conflict points
and separating through- from local traffic. Land use development and
transportation can be brought into balance, and conflicts can be reduced,
through appropriate limitations on the number of driveways and the
enforcement of driveway and corner clearance standards.
(a)
The site layout, location and design of driveways
and parking areas should be based on full build-out of the parcel.
Future subdivision of the parcel or any future action that is contrary
to an approved plan cannot occur without prior Planning Board approval.
(b)
Properties with frontage on two or more roads
do not have the right to driveway access to all such roads.
(c)
Driveways may be required to be located so as
to provide shared access and/or cross-access with an abutting parcel
or properties.
[1]
Shared driveways and/or cross-access driveways
shall be of sufficient width (minimum 20 feet) to accommodate two-way
travel for automobiles and for service and loading vehicles.
[2]
Shared driveways, cross-access driveways, interconnected
parking, and private roads constructed to provide access to properties
internal to a subdivision shall be recorded as an easements and shall
constitute a covenant running with the land. Operating and maintenance
agreements for these facilities shall also be recorded with the deed,
where applicable.
(d)
Driveway spacing standards shall apply to driveways
located on the same side of the road and shall be measured along the
road from the center line of the driveway pavement to the center line
of the next driveway.
(e)
Curb cuts and driveway spacing for new development
or redevelopment will be evaluated by the Planning Board on a case-by-case
basis to reduce conflicts and ensure traffic safety and efficiency.
In certain cases, minimum spacing requirements, as deemed appropriate
by the Planning Board and that comply with established state standards,
shall be applied as follows:
|
Minimum Driveway Spacing Standards
| ||||
|---|---|---|---|---|
|
Development Size in Peak Hour Trips (pht)
| ||||
|
Type of Road
|
Small 0-100 pht
(feet)
|
Moderate 101-200 pht
(feet)
|
Large 201 or greater pht
(feet)
| |
|
Major arterial
|
330
|
440
|
660
| |
|
Collector
|
220
|
330
|
440
| |
|
Notes:
|
1.
|
Peak hour trips (pht) should be based on full
build-out of the parcel.
| |
|
2.
|
The larger of the minimum driveway spacing standards
for the proposed development or for existing developments at abutting
properties will apply. Driveways for in-fill development must meet
the larger of the minimum driveway spacing standards for development
abutting properties on both sides.
|
(2)
Corner clearance. Corner properties present special
problems because they are extremely attractive to high volume peak-hour
traffic businesses whose designs often create conflict areas that
overlap with the conflict area of the intersection.
(a)
Corner clearance is to be measured along the
road from the center line of the driveway pavement to the closest
edge of the road pavement. Where road widening is planned or anticipated
in the future, corner clearance should be increased to provide for
the width of the additional lane.
(b)
Driveways for corner properties shall meet or
exceed the minimum corner clearance requirements as follows:
|
Minimum Corner Clearance Requirements
| ||
|---|---|---|
|
Type of Access
|
Minimum Clearance
(feet)
| |
|
For partial access, right turns in and/or out
only
|
100
| |
|
For full access, all directional movements
|
220
| |
(c)
Driveways should be located outside of the functional
area of the intersection or, if this is not possible, driveways should
be placed as far as possible from the intersection.
(d)
Cross-access to adjoining properties should
be encouraged to the greatest extent possible.
(3)
Driveway location.
(a)
Driveway location will be based on a site plan
that has been approved by the Town Planning Board in consultation
with the Town Engineer and, where appropriate, the Town Highway Superintendent.
(b)
Driveways shall be located so as to meet or
exceed the minimum driveway spacing standards and the minimum corner
clearance standards.
(c)
The Town Planning Board may allow the location
of driveways at less than the minimum driveway spacing standards and
corner clearance standards if:
[1]
A dual-driveway system, cross access driveway
system or shared driveway is proposed and this improves the safe and
efficient movement of traffic between the parcel and the road;
[2]
A driveway or driveways could be located so
as to meet the minimum driveway spacing standards and corner clearance
standards, but the characteristics of the parcel or the physical or
operational characteristics of the road are such that a change of
location will improve the safe and efficient movement of traffic between
the parcel and the road; or
[3]
Conformance with the driveway spacing standards
or corner clearance standards imposes undue and exceptional hardship
on the property owner.
(d)
For properties unable to meet the minimum driveway
spacing standards or corner clearance standards, a temporary driveway
may be granted. The granting of a temporary driveway will be conditioned
on obtaining a shared driveway, cross-access driveway or unified parking
and circulation with an adjoining parcel, and closure of the temporary
driveway in the future.
As used in this article, the following terms
shall have the meanings indicated:
A way or means of approach to provide vehicular or pedestrian
entrance or exit to a property.
Any driveway, street, turnout or other means of providing
for the movement of vehicles to or from the public road system.
The process of providing and managing access to land development
while preserving the flow of traffic in terms of safety, capacity
and speed.
A roof-like covering of canvas or other flexible material
that extends from the wall of a building.
A roof-like covering of metal or other rigid material that
extends from the wall of a building.
The distance from an intersection of a public or private
road to the nearest access connection.
Any entrance or exit used by vehicular traffic to or from
land or buildings abutting a road.
An electronically powered sign with continually changing
presentations or moving text and characters that scroll across or
flash on the sign fascia.
The area beyond the physical intersection of two roads that
comprises decision and maneuver distance plus any required vehicle
storage length.
Any use or establishment that provides off-site landscaping
services requiring the use of machinery, equipment, trucks and other
appurtenances that must be stored on the premises.
Features of the access system of a parcel that existed prior
to the effective date of this chapter and that do not conform with
the requirements of this chapter.
A division of land comprised of one or more lots in contiguous
ownership.
The minimum number of access connections, direct or indirect,
necessary to provide safe access to and from a public road, as consistent
with the purpose and intent of this article and any other applicable
plans and policies of the Town.
A way for vehicular traffic, whether designated as a street,
highway, thoroughfare, parkway, throughway, avenue or boulevard, lane,
cul-de-sac, place, or otherwise designated, and includes the entire
area within the right-of-way.
A public or private road, auxiliary to and normally located
parallel to a controlled access facility, that maintains local road
continuity and provides access to parcels adjacent to the controlled-access
facility.
A driveway connecting two or more contiguous parcels to the
public road system.
A structure that houses three or more commercial businesses
located along a highway or on a large site that may contain other
commercial facilities.
Provision of direct access to a road until that time when
adjacent properties develop, in accordance with a joint access agreement
or frontage road plan.
A.
The Planning Board may waive or modify any design requirements under this article of Chapter 280, as long as it does not diminish the intent and purpose of the District and does not infringe upon the authority of the Zoning Board of Appeals.
B.
All projects requiring Planning Board approval must
be referred to the Shoreline Revitalization Committee and the Traffic
Safety Advisory Board.
