In C-1 Limited Commercial Districts, no building
or structure shall be erected, altered, or extended and no land, building,
or structure, or part thereof, shall be used for other than one or
more of the following uses:
A. Permitted principal uses.
[Amended 8-14-2000]
(1) Any use permitted in the C-1 Limited Commercial Districts, regardless of the size of the new building or expansion, must be reviewed pursuant to §
190-44, Site plan review, prior to receiving a building permit.
(2) Any principal use permitted in R-3 Residential Districts.
(3) Banks or monetary institutions.
(4) Business or professional offices.
(8) Retail shops, excepting automobile service stations;
automobile dealers, automobile rental stores and drive-in or drive-through
facilities.
[Amended 10-22-2001]
B. Permitted accessory uses.
(1) Such accessory uses as are customarily incidental to the above uses, subject to the provisions of §
190-35.
(2) Off-street parking, subject to provisions of §
190-39.
(3) Signs subject to the provisions of §
190-43.
C. Uses permitted with special use permits. Any use permitted
with special use permits in the R-3 Residential Districts, except
professional offices, which are permitted uses in the C-1 Limited
Commercial Districts.
In C-2 General Commercial Districts, no building
or structure shall be erected, altered, or extended and no land, building,
or structure, or part thereof, shall be used for other than one or
more of the following uses:
A. Permitted principal uses.
(1) Any use permitted in C-1 Limited Commercial Districts.
[Amended 8-14-2000]
(3) Restaurant or other place for the serving of food
or beverages.
(5) Theater, bowling alley, skating rink, or other place
of amusement or assembly.
(6) Offices of veterinarians and small animal hospitals.
(7) Barbershops, beauty shops and florists.
B. Permitted accessory uses.
(1) Such accessory uses as are customarily incidental to any of the above uses, subject to the provisions of §
190-35.
(2) Off-street parking subject to the provisions of §
190-39.
(3) Signs subject to the provisions of §
190-43.
C. Uses permitted with special use permits.
(1) Municipal or public utility structures or facilities
when necessary for the service of a neighborhood and of a kind and
character in keeping with the residential character of the neighborhood.
(3) Large-scale multifamily apartments.
(5) Automobile service stations and/or garages for the
storage, adjustment or repair of motor vehicles, drive-in restaurants,
and other similar uses.
(6) Food and beverage processing, warehousing and distribution
business.
[Added 7-11-1988]
In C-3 Central Commercial Districts, no building
or structure shall be erected, altered or extended and no land, building
or structure, or part thereof, shall be used for other than one or
more of the following uses:
A. Permitted principal uses.
(1) Retail store, including storage, wholesale, and service
operations customarily incidental thereto.
(2) Banks or monetary institutions.
(3) Business or professional offices.
(4) Restaurant or other place for the serving of food
or beverages.
(6) Theater, bowling alley, skating rink, club rooms,
or other places of amusement or assembly.
(7) Commercial printer or publisher.
(8) Places of business of the following and businesses
of a similar nature, provided that any manufacture or processing of
goods on the premises is clearly incidental to a retail business conducted
on the premises:
|
Appliance service and repairman
|
Florist
|
|
Baker
|
Furrier
|
|
Barber
|
Hairdresser
|
|
Caterer
|
Milliner
|
|
Cleaner
|
Optician
|
|
Confectioner
|
Photographer
|
|
Decorator
|
Shoemaker; Shoeshiner
|
|
Dressmaker
|
Tailor
|
|
Dyer
|
Upholsterer
|
(9) Parking lots and/or parking garages.
(10)
Municipal or public utility structures or facilities.
B. Permitted accessory uses.
(1) Such accessory uses as are customarily incidental to any of the above uses, subject to the provisions of Subsection
C of §
190-35.
(2) Off-street parking subject to the provisions of §
190-39.
(3) Signs subject to the provisions of §
190-43.
C. Uses permitted with special use permits.
(1) Drive-in facilities for banks or dry cleaners.
(2) Restricted residential uses.
[Added 7-8-1996]
D. Downtown design guidelines.
[Added 8-14-2000]
(1) Intent and purpose. The City Council of the City of
Batavia hereby finds that poor quality of design in the exterior appearance
of buildings in Downtown Batavia adversely affects the desirability
of the area for business uses and by doing so impairs the benefits
of occupancy of existing property in such areas, impairs the value
of property in such area, prevents the most appropriate development
of such areas, deteriorates conditions affecting the health, safety,
comfort and general welfare of the businesses thereof and destroys
a proper relationship between the taxable value of real property in
such areas and the cost of municipal services provided therefor.
(2) Application procedures. The Planning and Development Committee shall review all applications for the following actions that lie within the Downtown Batavia Business Improvement District as described in Chapter
58 of the Code of the City of Batavia:
[Amended 1-23-2017 by L.L. No. 1-2017]
(a)
Any action, except those solely related to sign
permits, involving exterior changes which requires the issuance of
a building permit or demolition permit.
(b)
Any application for a sign or sign structure.
Applications are not necessary for the following actions:
[1]
Any actions that require review by the Historic Preservation
Commission.
[2]
Any action reviewed and approved for a Facade Grant award from
the Downtown Batavia Business Improvement District (BID). A letter
confirming approval of the award shall be forwarded to the Code Enforcement
Officer by the BID Manager or President.
[3]
Any ordinary maintenance or repair that does involve a change
in design, material or outer appearance thereof. The Committee must
act on all applications within 60 days of their receipt.
(c)
Hardship criteria and procedures. An applicant
whose application to the Committee has been denied may apply to the
Zoning Board of Appeals for relief on the grounds that the Committee
standards are working a hardship upon him. To prove the existence
of a hardship, the applicant shall establish that:
[1]
The property is incapable of earning a reasonable
return, regardless of whether that return represents the most profitable
return possible, if the application is denied. Dollars-and-cents proof
shall be presented to the Zoning Board of Appeals by the applicant
which demonstrates to the satisfaction of the Zoning Board of Appeals
that the applicant's claim of hardship is well founded.
[2]
The property cannot be adapted for any other
use permitted by this chapter in the zoning district in which the
property is located, whether by the current owner or by a purchaser,
which would result in a reasonable return.
[3]
In an application for demolition, reasonable
good faith efforts to find a purchaser interested in acquiring the
property and preserving it were made and have failed. The Zoning Board
of Appeals will hold a public hearing on the hardship application
within 90 days of filing the hardship application. Decisions on hardship
applications shall be made not later than 60 days from the date of
the final hearing.
(d)
Standards to guide Committee. To approve or
disapprove an application, the Committee shall consider whether the
proposed alteration or construction is compatible with the structure
on the property and/or the surrounding properties in the Downtown
Batavia Business Improvement District with regard to:
[1]
Neighborhood context. New construction shall
be sympathetic to older buildings that surround it.
[a] New construction should remain
the common setback distance of its neighbors. In the case of a discrepancy
of setbacks, the new building should align with at least one of the
neighboring buildings.
[b] Buildings situated at corners should
"wrap" the corner by continuing certain facade elements (such as the
cornice or horizontal accent bands) on all street elevations.
[c] Main building entrances should
face the street whenever possible, should be easily identifiable and
scaled to the size of the street which they are on.
[d] In the case of large structures,
the overall building mass should be made up of smaller components.
Large, uninterrupted building masses should be avoided.
[e] Additional parking which is required
to accommodate a new building should be located in back or in a central
courtyard and should be out of sight from the street.
[f] Parking lots, service areas and
courtyards located within sight of the street should be screened with
trees and a low wall or fence to help maintain the street edge. Such
parking lots should incorporate a minimum of 10% green space in the
parking area.
[g] In the case of larger developments
which may occupy an entire block, pedestrian paths which allow the
public to circulate through a site are encouraged.
[2]
Building height and roof design.
[a] The height of a building should
take into account the heights of buildings in the immediate area.
The height of proposed structures should be at least as tall as the
lowest of the two neighboring buildings, but no less than two stories,
especially at corners and intersections.
[b] New facades should attempt to coordinate
the relative heights of elements with adjacent buildings.
[c] Longer buildings should provide
fluctuations in the roofline which break up the long run of facade
and which attract attention to key places such as entryways.
[d] Air-handling equipment, antennas,
satellite dishes and other mechanical equipment should be placed in
such a manner as not to be visible from the street.
[3]
Building scale.
[a] The overall facade composition
should break the building down into smaller distinct portions to provide
a relatively small human scale that is in keeping with the buildings
around it.
[b] The size and scale of materials
should complement the size and scale of a building. Small scale materials
such as brick and wood are encouraged around pedestrian areas.
[4]
Building proportions. The relative shape of
a building and its parts with regards to width and height.
[a] New construction should be sympathetic
to the proportions of the surrounding buildings.
[b] Facade elements such as windows
and bays should be of a consistent proportion to each other. Elements
which share a common area (e.g., all of the windows at the base level)
should be of a consistent proportion and size as well.
[c] Buildings which are "squat" in
proportion or which have very strong horizontal elements that dominate
the facade are discouraged.
[5]
Facade composition and rhythm. The arrangement
of facade elements in a recognizable and consistent composition.
[a] The rhythm of a facade should complement
the rhythm of adjacent structures.
[b] The use of smaller patterns at
the higher floor levels is encouraged to help reinforce a base, middle
and top facade composition. (e.g. a wide bay at the base level would
be divided in two at the middle levels, and divided again by two at
the top level.)
[6]
Facade fenestration. Depth and openings on a
facade.
[a] The lower floor levels of a facade
should provide the highest amount of facade opening and articulation.
The ground floor should be very open and inviting to the pedestrian,
and employ the strongest use of depth in the facade.
[b] The use of depth is encouraged
to highlight facade openings such as windows and create a 3-D relief
which produces shadows. Windows should not be mounted flush to the
exterior of the facade.
[c] Window types above the base level
should be double hung. Awning or transom windows are encouraged on
street elevations. Picture and sliding windows are not recommended.
[d] Pairs of window shutters may be
used, but should be used consistently and should appear to actually
cover the entire window opening when closed.
[e] Storefront construction should
be recessed enough at the point of entry to allow the door to swing
out without obstructing the sidewalk.
[7]
Building materials.
[a] Building materials and colors should
be complementary to adjacent buildings and colors selected should
be historically correct. The number of selected colors should be kept
to a minimum. A color chart of historic period colors found in the
local architecture is available from the Department of Community Development.
[b] A single material should be used
as the dominant theme in the facade, with secondary materials used
only to highlight and accent the design.
[8]
Signs and awnings. Signs in the Downtown Batavia Business Improvement District shall comply with §
190-43 and the following:
[Amended 1-23-2017 by L.L. No. 1-2017]
[a] Long, continuous lengths of awnings are not recommended.
Instead, a series of similar sized smaller ones is preferred.
(e)
Submission requirements. All applicants shall
submit the following information to the Building Inspector or Code
Enforcement Officer:
[Added 11-14-2005 by Ord. No. 7-2005]
[1]
Photographs of the site and building which clearly
show exterior details.
[2]
Photographs of adjacent buildings or properties.
[3]
Drawings of the proposed exterior changes which
clearly illustrate exterior materials, material dimensions, colors,
height, lighting and includes and accurate scale.
[4]
Material details, specification sheets, and
product literature/samples.
[5]
For new buildings and building additions, applicants
shall also follow site plan review submission guidelines.
[6]
Additional information as needed.
E. Expiration. Decisions on all applications granted
after the effective date of this amendment shall expire if the applicant fails to obtain the necessary
building permit to construct any project and begin actual construction
within one year.