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City of Batavia, NY
Genesee County
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Table of Contents
Table of Contents
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:
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.
(3) 
Automotive.
(a) 
An automobile service station, or a public garage.
(b) 
A car-washing establishment.
(c) 
A public parking lot.
(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.
[1]
Editor's Note: See Ch. 51, Building Construction.
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:
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.
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."
B. 
Uses permitted with special use permits.
(1) 
High rise for the elderly.
C. 
Height, yard and area requirements.
(1) 
Area A:
(a) 
Height. No building or structure shall exceed 25 feet in height.
(b) 
Yards.
[1] 
Front yard:
[a] 
Washington Avenue: 20 feet minimum.
[b] 
Bank Street: 10 feet minimum.
[c] 
State Street: 20 feet minimum.
[2] 
Side yards:
[a] 
Minimum yard area allowed: zero feet.
[b] 
Minimum side yard allowed opposite side: 10 feet.
[c] 
Total side yard minimum: 10 feet.
[3] 
Rear yard (parking lot area): 15 feet.
(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.
(b) 
Yards.
[1] 
Front yard:
[a] 
Washington Avenue: 20 feet.
[b] 
State Street: 25 feet.
[c] 
Jefferson Avenue: 25 feet.
[d] 
Alva Place: 25 feet.
(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.
D. 
Canopies (Area A). Canopies may be located over the sidewalk area between buildings running in north-to-south direction.
(1) 
Front yard setback Washington Avenue: two feet. (Two feet behind sidewalk.)
(2) 
South setback from rear property line: eight feet. (Rear area butting parking 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:
[1] 
The proposed development will be in harmony with the general purpose, goals, objectives and standards of the City's Comprehensive Plan and this chapter, especially as stated in §§ 190-2 and 190-23.
[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. 
Definitions.
ALTERATION
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.
CONSTRUCTION
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.
DEMOLITION
Any act or process that destroys in part or in whole a landmark or structure.
OVERLAY
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.
REMOVAL
Relocation of a structure on its site to another site.
REPAIR
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:
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.
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.
I. 
Application requirements. The application requirements for any project in the Historic District Overlay Zone requiring review by the Historic Preservation Commission shall be the same as outlined in § 100-6A of Chapter 100, Historic Preservation.