[Added 6-12-2006 by L.L. No. 2-2006]
Permitted uses and structures in the C-T District
shall be as follows:
A.
Principal uses and structures.
(1)
The following uses and structures are permitted subject to site plan review and architectural plans approved by the Town of Chautauqua Zoning Board of Appeals pursuant to Article XVIII hereof:
[Amended 6-8-2015 by L.L.
No. 1-2015; 5-9-2016 by L.L. No. 1-2016; 4-10-2017 by L.L. No. 2-2017]
(a)
Community services similar to and including
churches, libraries, parks, playgrounds, hospitals, and municipal
buildings.
(b)
Restaurants, other than a drive-in or fast-food
restaurant, equipped with a dining room capable of seating and serving
a minimum of 30 patrons at one time.
(c)
Hotels.
(d)
Motels.
(e)
(Reserved)
(f)
Tourist information centers.
(g)
Art galleries.
(h)
Museums.
(i)
Retail establishments not exceeding 20,000 square
feet in size, similar to and including, but not limited to, the following:
(j)
Spas/health clubs.
(k)
Condominiums.
(l)
Commercial recreation.
(m)
Performing arts centers and outdoor performing
arts facilities.
(n)
Business office, within a building or group of buildings, provided
such use does not employ more than 15 people.
(o)
Custom shops, including but not limited to printing, electricity,
heating, plumbing or woodworking.
(p)
Two-family dwelling and multiple-family dwelling, provided the
number of dwelling units in any one building does not exceed four.
(2)
The following uses and structures are permitted as
of right:
B.
Accessory uses and structures.
(1)
Any accessory uses and structures permitted and as
regulated in the R District, with the exception of any regulations
related to signs.
(2)
Refreshment stands dispensing food and beverages incidental
and accessory to the operation of any other permitted or grandfathered
commercial, recreational, or agricultural use; provided, however,
that site plan review shall not be required if such stands are proposed
to be conducted in any building or structure constructed before the
date of adoption of this article.
(3)
Other customary accessory uses, including signs, as
regulated in the "Commercial-Tourism District Design Standards and
Guidelines."
Area requirements in the C-T District shall
be as follows:
A.
For all uses subject to site plan review:
(1)
Lot size. Lot size shall be subject to site plan approval.
[Amended 4-10-2017 by L.L. No. 2-2017]
(2)
Front yard: minimum of 40 feet from the nearest edge
of a property line or road right-of-way, of which at least 10 feet
shall be devoted exclusively to landscape usage, with the exception
of one freestanding sign for the identification of the premises.
(3)
Side yards. Two are required, with a minimum of eight
feet.
(4)
Rear yard: minimum of 100 feet, of which at least
50 feet shall be devoted exclusively to landscape usage.
B.
For all other uses:
(1)
Lot size. Every single-family detached dwelling or
other structure not being accessory to a detached dwelling located
on the property shall be located on a lot having an area of not less
than 20,0000 square feet, as measured from the street right-of-way,
and a width at the established building line of not less than 100
feet, subject to compliance with waste and sewage disposal requirements
as prescribed by the Chautauqua County Department of Health. When
a tract of land is served by public sanitary sewer facilities or by
a community sanitary sewer system operated as a public utility, a
single-family detached dwelling may be erected on a lot having an
area of not less than 15,000 square feet, as measured from the street
right-of-way, and a width at the established building line of not
less than 100 feet. When a tract of land is served by both a community
water system and sanitary sewer system, such single-family detached
dwelling may be erected on a lot having an area of not less than 10,000
square feet, as measured from the street right-of-way, and a width
at the established building line of not less than 75 feet.
(2)
Front yard: minimum of 40 feet, measured as the distance
between the street right-of-way and any part of the structure.
(3)
Side yards. Two are required, and shall total 25%
of the lot width, with a minimum of eight feet per side.
(4)
Rear yard: 25% of lot depth or 40 feet, whichever
is less.
A.
The minimum size of a dwelling shall be 800 square
feet of enclosed living space.
B.
The sum of all areas covered by a dwelling and all
accessory uses, buildings, and structures shall not exceed 30% of
the area of the lot.
C.
No accessory use of structure, other than quarters for servants employed upon the premises as permitted in § 143-12C above, shall be altered or otherwise modified in a manner that would make it a dwelling unit, as defined in this chapter.
D.
If private garaging is located in the basement level
under a dwelling, such private garage area shall not exceed 775 square
feet.
All uses and structures subject to site plan
review shall comport with the "Commercial-Tourism District Design
Standards and Guidelines" first adopted by resolution of the Town
Board concurrently herewith, and as they may be amended from time
to time.
