A.
Purpose. The purpose of the Land Conservation District
is to delineate those areas where substantial development of the land
in the way of buildings or structures is prohibited because of:
(1)
Special or unusual conditions of topography, drainage,
floodplain or other natural conditions, whereby considerable damage
to buildings or structures and possible loss of life may occur due
to the processes of nature; and
(2)
The lack of proper facilities or improvements resulting
in the land not being suitable for development at the present time,
and where such facilities or improvements must be undertaken on an
area-wide rather than individual-parcel basis in order to adequately
serve the area at a reasonable cost to the City.
B.
Permitted principal uses. To promote this purpose,
in Land Conservation Districts, no building or structure shall be
erected, altered or extended and no land, building, structure or part
thereof, shall be used for other than one or more of the following
uses:
(1)
Farm and other agricultural operations, including
gardens, nurseries, and usual farm accessory buildings not including
dwellings.
(2)
Park, playground, athletic field, golf course, riding
academy, and other similar uses, including usual accessory buildings.
(3)
Municipal or public utility structures or facilities.
C.
Uses permitted by special use permits. Disposal facilities, landfill operations, and similar uses shall be permitted only by special use permits according to the provisions of § 190-37.
D.
Rezoning. Whenever it is shown that the special or
unusual conditions causing the land to be placed in the land conservation
category have been corrected or otherwise provided for, such land
may then be rezoned as provided by law for an amendment of the zoning
regulations.
In Planned Development Districts, land and buildings
may be used for any lawful purpose as authorized by the Council in
accordance with the provisions set forth herein.
A.
Planned Development Districts shall comprise no less
than five acres.
B.
Application for establishment of a Planned Development
District shall be made to the Council. The Council shall refer the
application to the Planning Board for consideration.
C.
The Planning Board shall require the applicant to furnish such preliminary plans, drawings and specifications as may be required for an understanding of the proposed development. The Planning Board shall consider, among other things, the need for the proposed use in the proposed location, the existing character of the neighborhood in which the use would be located, and the safeguards provided to minimize possible detrimental effects of the proposed use on adjacent property. The precise use proposed for the property shall be designated and if any change in plans occur after approval by the Planning Board and Council, the developer shall be required to submit revised plans reflecting such change and in such case the provisions of Subsection E shall also apply.
D.
The Planning Board shall approve, approve with modifications
or disapprove such application and shall report its decision to the
Council.
E.
The Council shall hold a public hearing on the proposal,
with public notice as provided by law for the amendment of this chapter.
F.
The Council may thereafter amend this chapter so as
to define the boundaries of the Planned Development District, but
such action shall have the effect only of granting permission for
development of the specific proposal in accordance with the zoning
regulations within the area so designated with the specifications,
plans and elevations submitted.
A.
Area boundary. The premises hereinafter described,
being formerly zoned as I-1, is rezoned as Planned Development District
P-1:
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All that tract or parcel of land situated in
the City of Batavia, County of Genesee and State of New York, bounded
as follows:
| |
|
Beginning at the intersection of the south boundary
of Pearl Street with the north boundary of the former NYCRR Cohocton
grade;
| |
|
Thence easterly along the north bounds of the
former NYCRR Cohocton grade for a distance of 130± feet to
a point;
| |
|
Thence northerly for a distance of 60±
feet to a point in the south boundary of Pearl Street 163±
feet easterly from the point of beginning;
| |
|
Thence westerly along the south bounds of Pearl
Street to the point of beginning; also beginning at the point of intersection
of the west bounds of village lot No. 64 with the City line of the
City of Batavia;
| |
|
Thence northeasterly along said lot line a distance
of 590± feet to the south boundary of Pearl Street;
| |
|
Thence easterly along said south boundary of
Pearl Street 280± feet to a point;
| |
|
Thence easterly along the south boundary of
the former NYCRR Conhocton grade a distance of 1254± feet to
a point;
| |
|
Thence southwesterly along the east bounds of
land belonging now or formerly to Louis L. Colantonio a distance of
630± feet to a point on the north boundary of the NYCRR Tonawanda
Branch;
| |
|
Thence easterly along said north boundary a
distance of 1640± feet to the center of a Holland Land alley
between the east bounds of village lot No. 57 and the west bounds
of village lot No. 56;
| |
|
Thence southwesterly along the center line of
said Holland alley a distance of 210± feet to a point on the
north boundary of the former NYCRR main line;
| |
|
Thence southeasterly at an angle of 90 degrees
from said north boundary a distance of 140± feet to a point
on the south boundary of said former NYCRR main line;
| |
|
Thence southwesterly along the south boundary
of the former NYCRR main line a distance of 1950± feet to the
City line of the City of Batavia;
| |
|
Thence northwesterly along said City line a
distance of 1465± feet to the point of beginning.
|
B.
Permitted principal uses.
(1)
Residential. No residential uses shall be permitted
except for a caretaker, watchman or other similar person employed
on the premises concerned.
(2)
Commercial.
(a)
A bank.
(b)
An office building containing professional and
business offices.
(c)
A restaurant.
(d)
A retail store or service shop, if accessory
and incidental to a use permitted in an industrial zone on the same
lot.
(e)
A radio or television transmission establishment.
(f)
An auditorium, swimming pool or other recreational
or educational use if it is restricted to the interior of a building.
[Amended 6-24-1996]
(g)
A commercial or technical school.
(4)
Industrial.
(a)
A warehouse for the storage of goods and materials
within a wholly enclosed structure or outside storage located immediately
behind the building, screened by fencing and landscaping from public
view.
(b)
A plant for the assembly and manufacture of
products within a wholly enclosed structure as follows:
[1]
An apparel and finished textile product plant.
[2]
A paper and allied products plant.
[3]
A furniture and finished lumber products plant.
[4]
A light metal products plant for the assembly
and manufacture of precision instruments, watches, radios and television
sets, and other similar products.
[5]
A printing plant.
[6]
Manufacturing or industrial use carried on within
a wholly enclosed building or structure, or outside storage, screened
from public view with approved fencing and landscaping and located
on the rear lot immediately behind the building. No junk or salvage
yard, automobile wrecking yard or other obnoxious use shall be permitted.
C.
Uses permitted by special use permit. Those uses which because of danger to the general public due to hazards of fire and explosion, including those uses where explosives, combustible gases or flammable liquids are manufactured or stored, shall be permitted only upon issuance of a special use permit according to the provisions of § 190-37 and only in conformance with the State Building Construction Code[1] and Labor Law of the State of New York.
D.
Frontage on a street. No person shall hereinafter
erect a building or structure and no person shall use any building,
structure or land in Planned Development District P-1 unless the land
to be so used, or upon which the building is situated, erected or
proposed to be erected, fronts on a public street or a private right-of-way
having a minimum width of 30 feet, such right-of-way to be in a location
approved by the City of Batavia.
E.
Yard requirements.
(1)
Front yard.
(a)
Distance from front lot line, the greater of
30 feet or the average depth of the front yards of the existing main
buildings situated on immediately adjacent lots.
(b)
Where the land on the opposite side of the street
is in a residential district, distance from the center line of the
original street allowance shall be 100 feet minimum.
(c)
In the case of a key lot, the front yard shall
be 1/2 of the sum of the normal front yard requirements plus the normal
side yard requirement of the adjacent reversed corner lot.
(2)
Side yard.
(a)
Distance from side lot lines: 20 feet minimum
one side; 10 feet minimum other side.
(b)
Where the side lot line is a boundary between
an industrial zoning district and a residential zoning district, distance
from side lot line; 50 feet minimum.
(c)
On any side lot line which abuts a street, 25
feet minimum, provided that any such side yard shall not be required
to exceed the front yard for the same building.
(3)
Rear yard.
(a)
Distance from rear lot line, 25 feet minimum.
(b)
Where the rear lot line is the boundary between
an industrial zoning district and a residential zoning district, distance
from rear lot line: 50 feet minimum.
(c)
Where the rear lot line abuts a right-of-way
of any railway, no rear yard shall be required.
(d)
In the case of a through lot where the rear
yard is across the street from a residential zoning district, distance
from rear lot line: 50 feet minimum.
(4)
Increase in yard dimension. In the case of a building
in excess of 35 feet in height, the minimum side and rear yards shall
be increased by one foot for every two feet of additional building
height in excess of 35 feet.
F.
Parking requirements.
(1)
A parking station, accessible from a street, shall
be provided on the same lot on which any building is situated and/or
on a parcel of land the nearest point of which is not more than 300
feet distant from the said lot, in compliance with the following:
There shall be provided on the same lot or a lot adjacent thereto
under the same ownership off-street parking facilities to the number
of, or at least equal to the total number of, employees employed on
the premises in such industrial use on the maximum shift.
(2)
Where the front yard exceeds 30 feet, such excess
yard may be used for parking and for the purpose of calculating the
area available for parking.
(3)
No parking or storage of vehicles shall be permitted
within 20 feet of any residential zoning district.
(4)
A parking station as required in this subsection shall be in addition to off-street loading requirements as required by Subsection G of this section.
(5)
Parking stations, together with access lanes thereto,
shall be surfaced and maintained with concrete, asphalt, crushed stone
or other hard surface and dustless materials.
(6)
Where lighting facilities for a parking station are
provided, they shall be so constructed as to deflect the light away
from any adjacent residential or park area.
G.
Off-street loading space requirements.
(1)
For every building or structure hereafter erected
in a Planned Development District P-1, there shall be provided and
maintained accessible off-street loading facilities consisting of
one or more loading spaces at least 35 feet long and 12 feet wide,
and having vertical clearance of at least 14 feet and in accordance
with the following:
|
Total Floor Area of Building
|
Number of Loading Spaces Required
| |
|---|---|---|
|
Less than 5,000 square feet
|
No loading space
| |
|
Over 5,000 square feet but less than 20,000
square feet
|
1 loading space
| |
|
Every 15,000 square feet above 20,000 square
feet
|
2 loading spaces
|
(2)
Loading facilities shall not face the front of the
building.
H.
Landscaping.
(1)
The minimum front yard of 30 feet shall be landscaped.
(2)
A chain link fence and a landscaped strip of trees
and shrubs, not less than five feet in width, shall be provided along
the boundary lines between residential and industrial lands.
(3)
All landscaping shall consist of at least lawn and
hardy ornamental shrubs and shall be maintained in a healthy condition,
neat and orderly in appearance.
A.
A Planned Development District, hereinafter referred
to as P-2 District, shall be established to encourage the development
of an integrated hospital-medical service complex in the City of Batavia.
B.
The P-2 District shall be identifiable on the official
Zoning Map of the City of Batavia and as further described as follows:
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Beginning at the point of intersection of the
center line of Chandler Avenue with the center line of North Street;
thence westerly along the center line of North Street to a point which
is 150 feet easterly of the center line of Tracy Avenue;
| |
|
Thence northerly parallel to and 150 feet easterly
of the center line of Tracy Avenue to the center line of Bank Street;
| |
|
Thence easterly along the center line of Bank
Street to the northerly projection of the center line of Chandler
Avenue;
| |
|
Thence southerly along the center line of Chandler
Avenue to the point of beginning.
|
C.
Uses permitted by special use permit. [See Subsection G(1) of this section.]
(1)
Hospitals.
(2)
Nursing and convalescent homes and infirmaries.
(3)
Medical, dental offices and offices of related professions.
(4)
Medical, dental or related professional office conducted
in conjunction with a residential use.
(5)
Hospital out-patient facilities.
(6)
Drug and pharmaceutical stores when operated in conjunction
with and located within a hospital or professional medical office.
(7)
Laboratories for medical research and analysis.
(8)
Large-scale multifamily housing and high-rise apartments.
[Added 2-13-2006 by Ord. No. 2-2006]
D.
Height, yard and area requirements.
(1)
Height. No building or structure shall exceed six
stories, nor shall it exceed 75 feet in height.
(2)
Yards.
(a)
Front yard: 25 feet minimum.
(b)
Side yards.
[1]
No building shall be located less than 35 feet
from any residential district boundary. In all other cases, the side
yard minimum shall be as follows:
|
Story
|
One Side
|
Total Side Yard
| |
|---|---|---|---|
|
1, 2 or 3
|
10
|
20
| |
|
4
|
12
|
24
| |
|
5
|
15
|
30
| |
|
6
|
20
|
40
|
[2]
When there is more than one principal building
on a lot, the space between such buildings shall be no less than the
sum of the side yards required.
(c)
Rear yard. 35 feet minimum.
(3)
Lot or tract coverage. The ground area occupied by
the principal and accessory buildings shall not exceed 60% of the
total lot or tract area.
E.
0ff-Street parking requirements.
(1)
General.
(a)
Off-street parking may be provided in any yard
space, but shall not be closer than 20 feet to any street line or
10 feet to any property line.
(b)
The collective provision of off-street parking
areas by two or more buildings or uses located on adjacent lots is
permitted, provided that the total of such facilities shall not be
less than the sum required of the various buildings or uses computed
separately, and further provided that the land upon which the collective
facilities are located is owned or leased by one or more of the collective
users.
(c)
No driveway providing access to an off-street
parking area shall be located closer than 50 feet to the intersection
of two public streets.
(d)
All parking areas and appurtenant passageways
and driveways serving permitted uses shall be illuminated adequately
during the hours between sunset and sunrise when the use is in operation.
Adequate shielding shall be provided to protect adjacent residential
zoning districts from the glare of such illumination and from that
of automobile headlights.
(e)
Each separate use, grouping of attached buildings,
or groupings of uses permitted shall not have more than one accessway
for every 200 feet of frontage. Insofar as practical, the use of common
accessways by two or more permitted uses shall be provided in order
to reduce the number and closeness of access points. Accessways shall
not be less than 20 feet nor more than 30 feet in width.
(2)
Parking requirements.
(a)
Home professional: two spaces for client use
for offices, exclusive of spaces required for residential purposes.
(b)
Hospitals, nursing and convalescing homes: one
space for each three beds plus one for each employee in the largest
working shift.
(c)
Medical or dental clinics or offices: five spaces
for each doctor or dentist.
(d)
Medical or research laboratories: one space
for each employee on the maximum working shift.
F.
Unloading requirements.
(1)
For every building, structure, or part thereof having
over 5,000 square feet of gross building area erected and occupied
for a hospital, and other similar uses involved in the receipt and
distribution of materials or merchandise, there shall be provided
a permanently maintained adequate space for standing, loading, and
unloading services in order to avoid undue interference with the public
use of streets or alleys.
(2)
Every building structure or addition thereto having
a use which complies with the above definition shall be provided with
at least one truck standing, loading and unloading space on the premises
not less than 12 feet in width, 35 feet in length and 14 feet in height.
One additional truck space of these dimensions shall be provided for
every additional 15,000 square feet, or fraction thereof, of gross
area in the building.
(3)
Access to a truck standing, loading and unloading
space shall be provided directly from a public street or alley or
from any right-of-way that will not interfere with public convenience,
and that will permit orderly and safe movement of truck vehicles.
(4)
Loading space as required under this section shall
be provided in addition to off-street parking space and shall not
be considered as supplying off-street parking space.
(5)
Whenever an off-street loading and unloading area
shall be in view of a residential zoning district, such loading and
unloading area shall be provided with a buffer which, in the opinion
of the Planning Board, will shield the residential use.
(6)
Any lighting used to illuminate any off-street loading
areas shall be so arranged as to reflect the light away from the adjoining
premises in any residential zoning district.
G.
General requirements.
(1)
Referral to Planning Board.
(a)
The Code Enforcement Officer shall refer all
requests for building permits to the City Planning Board for their
review and approval prior to issuance. The Planning Board shall determine
that the proposed site plan, structures and uses will compare favorably
with community standards, other neighborhood improvements and the
properly intended and planned appearance and use within this special
zoning district.
(b)
The Planning Board shall, within 30 days after
receipt of said material, approve, approve with modifications or disapprove
the proposed development or construction.
(c)
In the event of approval with modifications,
the reasons shall be stated clearly to the Code Enforcement Officer
in writing. The Code Enforcement Officer shall not issue a building
permit for the proposed construction until such conditions in the
approval with modifications have been met by the applicant and written
approval of the Planning Board is obtained. In the absence of a reply
from the Planning Board within 30 days after referral, it shall constitute
approval, and the Code Enforcement Officer shall proceed on the basis
of such approval.
(2)
All areas of the P-2 District not used for building
space, accessways, off-street parking, loading areas and pedestrian
walkways shall be devoted to seeding, planting, retention of tree
cover, or other landscaping and maintained in a neat and orderly appearance.
(3)
Adequate provisions shall be made for the flow of
emergency vehicles within the P-2 District.
A.
Area boundary. The premises hereinafter described
formerly zoned as C-1 and R-3 are rezoned to Planned Development District
P-3.
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The P-3 District shall be delineated on the
official Zoning Map of the City of Batavia and described as follows:
| |
|
Beginning at the point of intersection of the
center line of Jefferson Avenue with the center line of Alva Place;
thence easterly along the center line of Alva Place through the intersection
of State Street and Alva Place to the center line of the intersection
of Alva Place and Bank Street;
| |
|
Thence northerly from the intersection of the
center line of Bank Street with the center line of Alva Place to the
center line of the intersection of Bank Street with the center line
of Washington Avenue;
| |
|
Thence westerly from the intersection of the
center line of Bank Street along the center line of Washington Avenue
through the intersection of State Street and Washington Avenue to
the center line of Washington Avenue and Jefferson Avenue;
| |
|
Thence southerly along the center line of Jefferson
Avenue from the intersection of Jefferson Avenue and Washington Avenue
to the point of beginning.
| |
|
For the purpose of area location in this zoning
district, the following shall apply:
| |
|
Area A - Block of State Street to Bank Street
between Alva Place and Washington Avenue.
| |
|
Area B[1] - Block of Jefferson Avenue to State Street between Alva
Place and Washington Avenue.
|
[1]
Editor's Note: Ordinance adopting this Section
on 4-9-1979 qualified that "zoning for Area B not be effective until
such time as start of construction of the high rise."
C.
Height, yard and area requirements.
(1)
Area A:
(a)
Height. No building or structure shall exceed
25 feet in height.
(c)
Frontage, minimum allowed: 60 feet.
(d)
Lot area, minimum allowed: 2,400 square feet.
(e)
Percentage of lot coverage: The ground area
occupied by a principal building shall not exceed 70% of the total
lot. Accessory buildings are not permitted.
(2)
Area B:
(a)
Height. The high-rise structure may not exceed
10 stories in height.
(c)
Parking shall be situated in the southeast section
of Area B. (See off-street parking requirements for parking spaces
required.)
(d)
Area B as described hereinbefore shall be devoted
to a high-rise construction for the elderly with required parking
and landscaping.
(e)
Frontage and lot area shall be as indicated
by street boundaries for Area B.
(f)
Percentage of lot coverage. The ground area
occupied by the high rise shall not exceed 70% of the total lot.
E.
Off-street parking.
(1)
Area A: Parking on individual parcels of land in the
P-3 District Area A is prohibited. Parking is allowed in designated
municipal parking lot.
(2)
Area B: Parking for the high rise shall consist of
one parking space for every three units plus balance of parking area
shall be accessible to the general public.
F.
Sewer and water requirements.
(1)
Water service.
(a)
Each common water service from the main in the
street to the master curb shutoff box will be the responsibility of
the owner to install and the City of Batavia's responsibility to maintain.
(b)
Each individual water service line from the
master curb shutoff box to each individual building will be the responsibility
of the owner to install and to maintain.
(2)
Sanitary sewer.
(a)
Each common sanitary sewer service and individual
sewer service from the main in the street to each individual building
will be entirely the responsibility of the owner or owners to install
and maintain.
(b)
If operational problems are encountered in the
sanitary sewer service lines and there cannot be an agreement reached
as to which owner or owners are responsible, then the City will perform
the necessary repairs and/or cleaning and will back-charge each owner
using the service line in question.
(3)
Storm sewer.
(a)
All storm sewer piping from the main in the
adjacent street to each individual building shall be installed and
maintained by the property owner.
(b)
If operational problems are encountered in the
storm sewer service lines and there cannot be an agreement reached
as to which owner or owners are responsible, then the City will perform
the necessary repairs and/or cleaning and will back-charge each owner
using the service line in question.
G.
General requirements.
(1)
The Code Enforcement Officer shall refer all requests
for building permits to the City Planning Board for their review and
approval prior to issuance. The Planning Board shall determine that
the proposed site plan, structures and uses will compare favorably
with community standards, other neighborhood improvements and the
properly intended and planned appearance and use within this special
zoning district.
(a)
The Planning Board shall, within 30 days after
receipt of said material, approve, approve with modifications or disapprove
the proposed development or construction.
(b)
In the event of approval with modifications,
the reasons shall be stated clearly to the Code Enforcement Officer
in writing. The Code Enforcement Officer shall not issue a building
permit for the proposed construction until such conditions in the
approval with modifications have been met by the applicant and written
approval of the Planning Board is obtained. In the absence of a reply
from the Planning Board within the 30 days after referral, it shall
constitute approval, and the Code Enforcement Officer shall proceed
on the basis of such approval.
(2)
All areas of the P-3 District not used for building
space or pedestrian walkways shall be devoted to seeding, planting,
retention of tree cover, or other landscaping and maintained in a
neat and orderly appearance.
H.
Signs permitted in Planned Development District P-3.
(1)
Area A:
(a)
Two signs shall be allowed for each permitted
use. The applicant may have the choice of two signs which may be attached
to the building or two signs which may be part of a group-use freestanding
sign, or one sign attached to the building and one sign to be part
of a group-use freestanding sign, not to exceed the allowable two
signs per use.
[1]
If attached to the front or rear wall, such
signs shall not exceed an area equal to 10% of the front or rear wall
area of the building or portion thereof devoted to such use or activity.
If there are two permitted uses joined by a common building wall and
said uses have building fronts facing north or south, each use may
consider the front wall of the adjoining use for rear wall sign purposes,
if the legal owner authorizes permission in writing. If this choice
is requested, signs for both uses must appear to be one sign, not
to exceed 10% of the front wall and said signage for both uses must
be aesthetically compatible.
[2]
If there are two uses joined by a common wall
and said building offices are situated east and west, said uses may
be permitted a front wall sign not to exceed 10% of the portion of
said front wall devoted to such use. Signage for both uses must be
aesthetically compatible.
[3]
If attached to a side wall for office entrance
identification purposes in canopy area, such sign shall not exceed
one square foot in area. If attached to side walls of open areas (buildings
not abutting canopy), signs may not exceed six square feet in area.
No signs may project more than one foot from the facade of the building.
(b)
In lieu of a sign attached to the building,
two freestanding group-use signs may be permitted. Such signs shall
be erected directly adjacent to the canopy area. Front yard setback
requirements of freestanding group-use signs on Washington Avenue
and the south rear property line must be a minimum of five feet. Group
use signs may not project into walkway areas. Individual freestanding
signs are not allowed. No sign will be allowed to be attached to the
top of the canopy. Group use signs shall have an area of not more
than 16 square feet. Such signs may not exceed four feet in height.
(2)
Area B: For a high-rise apartment complex, one project
identification sign shall be permitted which shall not exceed 25 square
feet in area and shall be situated not less than 10 feet within the
property lines. The sign may include only the name of the property,
the street address, and the presence or lack of vacancies.
A.
Purpose. A Planned Development District, hereinafter
referred to as P-4 District, shall be established to help satisfy
a demand in the City for residential development where there are common
areas, elements or facilities owned and/or maintained either by a
homeowners' association or by dwelling unit owners having either a
proportionate, undivided interest in fee simple absolute therein or
a proportionate undivided leasehold interest in the common elements
appertaining to each unit. In addition, the creation of said district
shall ensure the efficient and functional use of land in such development.
B.
P-4 District shall be created by rezoning lands within the City of Batavia in accordance with § 190-51 of this chapter, as amended from time to time.
C.
Permitted uses. In the P-4 District, 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:
(1)
Permitted uses. Any principal or accessory uses as
permitted and regulated in the R-1 Residential Districts within an
approved subdivision lot.
(2)
Uses permitted with special use permits. In accordance with § 190-48B hereof and subject to the requirements specified below and elsewhere in this chapter, including site plan approval, Council may approve proposals for the construction of dwelling units having common structural parts. The procedures and standards governing the review and approval of such special uses are as follows:
(a)
Qualifications: In order to qualify for review
of an application for a special use permit under this section, the
applicant shall submit a concept proposal with sufficient detail and
supporting information to enable the Council to determine if the proposal
meets the qualifying standards contained herein. The applicant's concept
proposal shall include sufficient evidence to establish that:
[2]
The proposed buildings and uses will not have
an adverse effect upon adjacent property, the character of the neighborhood,
traffic conditions, parking, utility systems and other matters which
affect the public health, safety and general welfare.
[3]
The proposed development will be constructed,
arranged and operated so as not to dominate the immediate vicinity
or to interfere with the development and use of neighboring properties.
[4]
The proposed development will be adequately
served by essential public facilities and services, including, but
not limited to sanitary sewers, public water supply, stormwater drainage
facilities, street capacity, police protection, fire-suppression services
and public schools as well as other public and private facilities
and services essential to support and serve the proposed residential
use.
(b)
General requirements:
[1]
Each 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]
Dwelling units located in a building common
to other dwelling units shall be separated from 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 which lines providing 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 development within the P-4
District 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 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 Planning Board. Common property shall
not be changed from its status or use as common property without first
obtaining a special use permit from the Council. In reviewing proposals
for the establishment of organizations to govern the ownership and
maintenance of any common property, the Planning Board 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.
(3)
Special accessory uses. The following special accessory
uses may be established for the common and exclusive use of owners
of residences in the P-4 District and their guests. Such special accessory
uses shall be operated on a not-for-profit basis and subject to the
approval of the Planning Board.
(a)
Recreational facilities such as open or enclosed tennis courts, exercise facilities, picnic areas, gazebos, or swimming pools as further regulated by § 190-35 of this chapter.
(b)
One structure to house maintenance shops and
vehicles to be used exclusively for the maintenance and management
of the P-4 District.
(c)
Common space for the exclusive use and convenience of residents of the P-4 District to store vehicles, boats, campers, recreational vehicles and other similar household items. Such space may be provided within the single maintenance structure permitted in Subsection C(3)(b) above or located outside and immediately adjacent to the building. If outside storage is proposed, adequate landscaping and buffering shall be provided in order to screen the site from adjacent areas and uses.
D.
Design standards for uses permitted with special use
permit. The following design standards shall be used to regulate developments
requesting a special use permit in the P-4 District:
(1)
Density, height, area and yard requirements.
(a)
Density. The special use permit shall establish
the maximum density of residential development per gross acre of land
(including roadways, pedestrian walkways, common recreation areas,
open areas and all nonresidential areas) within the P-4 District.
Under no circumstances shall the proposed development exceed six dwelling
units per gross acre.
(b)
Open space. Not less than 25% of the land area
within the P-4 District, excluding parking areas and vehicle access
facilities, shall be developed and maintained as open space for the
use and enjoyment of residents of the district.
(c)
Lot coverage. The lot coverage of all buildings
and structures within the P-4 District shall not exceed 25% of the
area within the entire district.
(d)
Building height. No building within the P-4
District shall exceed 30 feet in height.
(e)
Distance between buildings. The minimum distance
between a dwelling structure and any other structure, including a
swimming pool, shall not be less than 25 feet.
(f)
Setback from other districts. No structure within
the P-4 District shall be located closer than 40 feet to any boundary
line of the P-4 District.
(g)
Other setbacks. No minimum front, side or rear
setbacks shall be required within the P-4 District except when dwelling
units are positioned relative to a public street. Where a structure
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.
(2)
Building standards.
(a)
No more than six dwelling units shall be included
in a single dwelling building.
(b)
No building shall exceed a maximum length of
160 feet on any exterior facade.
(c)
All principal and access buildings in the P-4
District shall be located in accordance with an overall plan for the
district approved as a part of the special use permit.
(d)
Individual buildings within the P-4 District
shall be related to one another in design, building mass, materials
and placement to provide a visually and physically integrated development.
(e)
The treatment of the sides and rear facades
of all buildings within the district shall be comparable in amenity
and appearance to the treatment of any building facade which faces
a public street.
(f)
Building walls shall be oriented so as to ensure
adequate exposure of light and air to the rooms within.
(g)
Buildings shall be arranged so as to preserve
visual and audible privacy between adjacent buildings.
(h)
Building entranceways of adjacent dwelling units
in the same building 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.
(i)
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.
(j)
All dwelling units shall include ground floor
living space. The location of an enclosed garage shall not qualify
as meeting this requirement.
(3)
Parking standards.
(a)
No less than two off-street parking spaces shall
be provided for each dwelling unit.
(b)
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.
(c)
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.
(d)
No common off-street parking lot or outdoor
storage area shall be located closer than 25 feet to any boundary
of the P-4 District.
(e)
All off-street parking areas shall be privately
owned and maintained.
(f)
Common off-street parking facilities be landscaped
and screened from public view to the extent necessary to eliminate
unsightliness and the monotony of parked cars.
(g)
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.
(h)
Common off-street parking areas shall be provided
with suitable lighting, for the convenience and safety of residents
but positioned and shielded to minimize glare and potential inconvenience
to residents of the district and adjacent properties.
(4)
Size of dwelling units. The minimum total habitable
floor area for all dwelling units shall be 1,200 square feet, exclusive
of garage space.
(5)
Landscape design standards.
(a)
Landscaping shall be provided along and adjacent
to all streets, common driveway areas and common off-street parking
areas. Landscaping treatments shall be designed and installed as part
of a coordinated landscape design plan for the entire P-4 District.
(b)
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.
(c)
Whenever possible, existing trees shall be conserved
and integrated into the landscape design plan.
(d)
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.
(6)
Circulation system design standards.
(a)
An adequate, safe and convenient circulation
system shall be provided.
(b)
The arrangement of streets and common parking
areas shall be designed as integral parts of an overall site plan.
These features shall be properly related to existing and proposed
buildings and appropriately landscaped.
(c)
Buildings, open spaces and other vehicular circulation
system shall be arranged so that pedestrian movements are not unnecessarily
exposed to vehicular traffic.
E.
Miscellaneous regulations.
(1)
No home occupations and no business activities of
any type shall be permitted within the P-4 District.
(2)
No signs shall be permitted within the P-4 District
except for a single illuminated nonflashing nameplate sign not more
than two square feet in area attached to the dwelling and bearing
only the name of the principal occupant or the street number of the
dwelling.
(3)
One temporary advertising sign pertaining only to
the sale of a residential unit, provided that such sign shall not
exceed 12 square feet in area. Such signs shall be located not more
than 10 feet from the dwelling 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 for the P-4 District, 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.
(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 or vehicular accessway thereto, shall not exceed three
feet above ground level.
(7)
Except for land which is owned in common, no property
owner within the P-4 District shall erect or place an accessory building
or structure on the premises.
(8)
No property owner within the P-4 District shall store any unregistered vehicles, boats, campers, recreational vehicles, snowmobiles or other similar equipment out of doors overnight except in a common outdoor storage area and regulated in accord with § 190-27C(3) of this chapter.
(9)
No commercial vehicle shall be parked out of doors
overnight in the P-4 District except in a common storage area.
[Added 8-14-2000]
A.
Purpose. The Historic District Overlay zone is intended
to provide for the preservation of historic sites, areas, buildings
and landmarks located in the City of Batavia and to promote the economic,
cultural, educational and general welfare of the public. The purpose
of establishing an Historic District Overlay zone is to:
(1)
Safeguard the heritage of the City of Batavia by preserving
an area in the City which reflects its cultural, social, economic
and architectural history.
(2)
Protect buildings, structures and areas within the
district which are recognized as historic sites and landmarks.
(3)
Encourage new development that is compatible with
and supportive of the distinctive character of such areas.
(4)
Protect and enhance the City of Batavia's attractiveness
to visitors and the support and stimulus to the economy thereby provided.
(5)
Foster community spirit and civic pride in accomplishments
of the past.
B.
ALTERATION
CONSTRUCTION
DEMOLITION
OVERLAY
REMOVAL
REPAIR
Definitions.
Any act or process that changes one or more of the exterior
architectural features of a structure, including, but not limited
to, the erection, construction, reconstruction, or removal of any
structure.
The act of adding an addition to an existing structure or
the erection of a new principle or accessory structure on a lot or
property.
Any act or process that destroys in part or in whole a landmark
or structure.
A zoning district that exists in conjunction with and provides
alternative or additional regulations applicable to the primary, underlying
zoning district shown on the Zoning Map.
Relocation of a structure on its site to another site.
Any change that is not construction, removal, or alteration.
C.
Establishment of Historic District Overlay. Pursuant
to these purposes, there is designated in the City of Batavia an overlay
zone known as the "Historic District Overlay" zone with the following
boundaries:
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Beginning at a point at the intersection of
the centerlines of Court Street and Main Street; thence southerly
a distance of 360 feet along the centerline of Court Street to the
intersection of the centerlines of Evans Street and Ellicott Street;
thence southerly a distance of 350 feet along the centerline of Evans
Street; thence westerly a distance of 162.69 feet across Evans Street
and along the southerly property line of a parcel owned by Genesee
County; thence northerly 27.83 feet along the easterly property line
of said parcel; thence westerly 213.04 feet along the southerly property
lines of parcels owned by St. Mary's R.C. Church, the City of Batavia
and Cosima Realty, Inc.; thence northerly a distance of 130 feet along
the easterly property line of said parcel owned by Cosima Realty,
Inc.; thence northwesterly a distance of 133.26 feet along the southerly
property line of said parcel; thence westerly a distance of 78.75
feet along the southerly property line of a parcel owned by Dean Lapp;
thence southerly a distance of 20 feet along the easterly property
line of a parcel owned by Genesee County; thence westerly a distance
of 20 feet along the southerly property line of said parcel; thence
southerly a distance of 110 feet along the easterly property line
of said parcel; thence southwesterly a distance of 114.88 feet along
the easterly property line of said parcel to the centerline of Tonawanda
Creek; thence westerly a distance of 1220 feet along the centerline
of Tonawanda Creek; thence northerly a distance of 226.5 feet across
Tonawanda Creek and along the westerly property line of a parcel owned
by Genesee County to the centerline of West Main Street; thence easterly
a distance of 826 feet along the centerline of West Main Street to
the intersection of the centerlines of Porter Avenue and West Main
Street; thence northerly a distance of 260 feet along the centerline
of Porter Avenue; thence easterly a distance of 96.88 feet across
Porter Avenue and along the northerly property line of a parcel owned
by Genesee County; thence northerly a distance of 33 feet along the
easterly property line of said parcel; thence southerly a distance
of 32 feet along the westerly property line of said parcel; thence
easterly a distance of 354 feet along the northerly property lines
of parcels owned by City of Batavia and the United States Government
to the centerline of Jefferson Avenue; thence southerly a distance
of 200 along the centerline of Jefferson Avenue to the intersection
of the centerlines of Jefferson Avenue and Main Street; thence easterly
a distance of 400 feet along the centerline of Main Street to the
intersection of the centerlines of Main Street and Court Street which
is the point of the beginning.
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D.
Designation on Zoning Map. Upon approval by the City
Council, the Historic District Overlay Zone shall be classified and
designated as an "H-O District" on the Official Zoning Map.
E.
Permitted uses. The Historic District Overlay Zone
overlays underlying districts. The permitted uses are determined by
the underlying zoning districts.
F.
Building height, lot area and yards. The provisions
of this chapter governing the permitted height of buildings, the required
lot area and the requirements of front, side and rear yards and other
applicable provisions of the underlying district shall apply.
G.
Projects requiring review by Historic Preservation
Commission.
(1)
Prior to the issuance of a special sign permit, variance,
or zoning amendment for a property in the Historic District Overlay,
the proposal under consideration shall be referred to the Historic
Preservation Commission.
(2)
All plans for construction, alteration, change in
exterior color, repair, removal or demolition of structures or erection/installation
of a sign, light fixture, sidewalk, fence, steps, paving, or other
exterior elements in the Historic District Overlay zone shall be reviewed
by the Historic Preservation Commission. The Historic Preservation
Commission shall review only such exterior features of the structure
as are visible from public streets, sidewalks, greens, parks or alleys
and shall not review alterations on the interior of the structure.
Ordinary maintenance to a property which does not involve a change
in design, material, color, or outward appearance does not need to
be reviewed by the Historic Preservation Commission.
H.
Review standards and procedures.
(1)
The Historic Preservation Commission shall make a recommendation to the Planning and Development Committee based on the criteria established for review of a certificate of appropriateness in § 100-5 of Chapter 100, Historic Preservation. It shall be unnecessary for the Historic Preservation Commission to act upon a Certificate of Appropriateness unless the property is a locally designated landmark or district.
(2)
The Historic Preservation Commission shall forward
the application along with their recommendation and a summary of their
reasoning to the Planning and Development Committee. The Planning
and Development Committee shall review the application based on the
same criteria as the Historic Preservation Commission. The Planning
and Development Committee shall approve, approve with modifications
or disapprove the proposed alteration, removal, repair, demolition
or construction.
