City of Batavia, NY Article IX Supplementary Regulations

§ 190-34 Landscaping and buffering.

[Added 8-14-2000]

A. Purpose.

(1) The purpose of this article is to promote the public health, safety, welfare and aesthetics of the community and enhance the City of Batavia's environmental and visual character for its citizens' use and enjoyment. The provisions in this article shall apply to multifamily, large-scale multifamily, and commercial development. Applications for site plan approval shall comply with this article.

(2) This article is intended to provide a better transition between various land uses, provide for the natural visual screening of parking areas, preserve the existing visual quality of adjacent lands, establish coordination among architecturally diverse buildings, create a harmonious strip appearance along the roadway, enhance, conserve and stabilize property values, enhance the overall visual quality of new development in accordance with the City of Batavia's Visual Preference Survey, reduce surface runoff, minimize soil erosion, reduce air and sound pollution and create a safe and pleasant corridor for pedestrians.

B. Definitions.

BERM

An earthen mound designed to provide visual interest, screen undesirable views, and/or decrease noise.

BUFFERING

The use of landscaping, other than mere grass on flat terrain, or the use of landscaping along with berms, walls or decorative fences that at least partially and periodically obstruct the view from the street, in a continuous manner.

DECIDUOUS

A plant with foliage that is shed annually.

DRIPLINE

A vertical line from the outer edge of a tree canopy to the ground.

EVERGREEN

A plant with foliage that persists and remains green year-round.

GROUNDCOVER

Low-growing plants such as grasses and other materials such as stone, mulch or paving used to cover the ground.

LANDSCAPING

Any combination of living plants and nonliving landscape material.

ORNAMENTAL TREE

A deciduous tree planted primarily for its ornamental value or for screening purposes; tends to be smaller at maturity than a shade tree.

PERIMETER LANDSCAPING

Landscaping that defines parking areas and prevents two adjacent lots from becoming one large expanse of paving.

SCREEN

A method of reducing the impact of noise and unsightly visual intrusions with less offensive or more harmonious elements, such as plants, berms, fences, walls, or any appropriate combination thereof.

SHADE TREE

A self-supporting woody plant or species normally growing to a mature height of at least 20 feet and a mature spread of at least 15 feet.

SHRUB

A self-supporting woody perennial plant of low to medium height characterized by multiple stems and branches continuous from the base, usually not more than 10 feet in height at its maturity.

VINE

A plant which normally requires support to reach mature form.

WOODLANDS, EXISTING

Existing trees and shrubs of a number, size and species that accomplish the same general function as new plantings.

C. Approval process.

(1) The landscaping and or buffering plan shall be reviewed by the Planning and Development Committee following the same process as outlined in § 190-44 for site plan review. Landscaping and or buffering plan review shall take place at the same time as site plan review.

(2) All landscaping and/or buffering plans shall comply with the New York Environmental Quality Review Act and Article 27-A of the General City Law regarding approvals and time periods for review.

D. Exceptions. The following types of development are exempt from compliance with this article:

(1) Previously approved development.

(2) Expansion to an existing structure that increases the lot coverage by less than 3% or 1,300 square feet, whichever is less and does not require that additional parking be provided.

(3) An approved use variance that increases the lot coverage by less than 3% or 1,300 square feet, whichever is less and does not require that additional parking be provided.

(4) Property in the C-3 Downtown District where the property has a structure that occupies 90% or more of the lot and will continue to do so after the building permit is issued.

E. Submission requirements. Applicants shall submit four copies of the landscaping and/or buffering plan to the Code Enforcement Officer at a scale not to exceed one inch equals 50 feet. Copies shall be distributed to the members of the Planning and Development Committee, City Engineer and other appropriate City staff. The City Engineer shall decide if the plan should be prepared by a New York State licensed professional engineer, landscape architect or architect. The required information may be submitted as part of the site plan or as a separate plan.

F. Plan review.

(1) Preliminary landscaping and/or buffering plan. Preliminary landscaping and/or buffering plan review is optional and provides an opportunity for the applicant to meet with the Planning and Development Committee prior to final submission of the landscaping and/or buffering plan for direction and guidance. When possible, preliminary landscaping and/or buffering plan review shall take place in conjunction with sketch plan review. A preliminary landscaping and/or buffering plan shall consist of the following:

(a) Basic information about the type, number, size and location of any existing vegetation.

(b) Basic information about the type, number, size and location of any vegetation to be added.

(c) Basic information about existing natural features, such as streams, wetlands, rock outcropping and large boulders.

(d) General concept of proposed landscaping and/or buffering plan.

(2) Final landscaping and/or buffering plan. Final landscaping and/or buffering plan review shall take place in conjunction with final site plan review. The final landscaping and/or buffering plan shall include the following:

(a) Location, spacing, general type, quantity and size of existing vegetation.

(b) Location, spacing, general type, quantity and size of all proposed vegetation, new and existing, in graphic form.

(c) Plant lists or schedules with the general type, location, height and diameter of all proposed vegetation, new and existing, in written form.

(d) Location of other landscape features and improvements, including but not limited to earth berms, walls, fences, screens, sculptures, courts, fountains, street furniture, signs, storage areas and lights.

(e) Location of parking spaces, driveways, sidewalks, public rights-of-way and other similar features.

(f) Location of existing natural features, such as streams, wetlands, rock outcroppings and large boulders.

(g) Treatment of ground surfaces, including paving, turf, gravel, seeding and other ground cover.

(h) Proposed building outlines.

(i) Location of utilities.

(j) Methods of controlling erosion and protecting landscaped areas, if determined necessary by the City Engineer.

(k) General information about adjacent properties, including but not limited to building outlines, landscaping, fencing and parking areas.

G. Landscape standards and specifications. The following standards shall be considered the minimum standards for the installation of all landscaping and buffering materials required by this article:

(1) Landscaping and or buffering shall not be placed where it interferes with site drainage.

(2) Utility lines must be identified to prevent the installation of vegetation with root systems that may damage utilities.

(3) Vegetation whose roots are known to cause damage to public roadways or other public works shall not be planted closer than 12 feet to such public works.

(4) All new plant materials shall be compatible with the existing vegetation of the site and the surrounding area. Plant materials judged to be inappropriate by the Planning and Development Committee will not be approved.

(5) Vegetation shall be of nursery stock and robust when planted.

(6) The landscape contractor shall furnish and install and/or dig, ball burlap and transplant all plant materials listed on the plant schedule. Bare root is not permitted for any tree.

(7) Plants shall conform to following the measurements immediately after planting:

(a) Shade trees shall be a minimum of 2.5 to three inches in diameter; 12 to 14 feet in height.

(b) Ornamental trees shall be a minimum of 1.5 to 1.75 inches in diameter and seven to nine feet in height.

(c) Evergreen trees shall be six to eight feet in height.

(d) Shrubs shall be a minimum of two feet in height.

(e) Vines shall be minimum of 30 inches in height.

(8) After cultivation, all plant materials shall be mulched with a two- to three-inch layer of tan bark, peat moss or another approved material over the entire area of the bed or saucer.

(9) The preservation of trees and vegetation of special significance due to size, age, habitat or historical importance may be required.

(10) The preservation of existing woodlands is encouraged and may be substituted for all or part of the landscaping and/or buffering requirements listed hereafter.

(11) No tree planting area may be less than five feet wide in any dimension.

(12) Acceptable screening materials include shade, ornamental and evergreen trees, shrubs, walls, fences, and berms. Vines may be used in conjunction with fences, screens, or walls. Fences and walls may not consist of corrugated metal, corrugated fiberglass, sheet metal, or wire mesh. Chain link shall not be considered a buffer.

(13) Trees that drop gum may produce an unkempt appearance and messy vehicles. Such trees should be avoided near public rights-of-way and parking areas.

(14) Selected vegetation should be able to stand up to the environmental abuse it will receive from exhaust fumes, dirt, soot, salt and deicing compounds.

(15) Grading shall not be allowed within the dripline of trees to be retained.

H. Sight distance requirements. All landscaping and buffering must comply with the regulations set forth in § 190-33D and E of this chapter and § 159-12D of Chapter 159, Streets and Sidewalks, of the Code of the City of Batavia. In addition, all trees in a parking lot must have a clear trunk at least six feet above the finished grade, and landscaping with the exception of required grass or other ground cover shall not be located closer than three feet to the edge of any accessway or pavement.

I. Required buffers.

(1) The amount of buffering required shall depend on the nature of adjacent land uses. The more incompatible the use, the more buffering that shall be required. The amount of required buffering is to be determined by Tables A and B.

	Table A Minimum Required Buffer Yard Adjoining Use
		Single- Family	Two- Family	Multi- family	Large Scale Multifamily, High Rise	Commercial Uses
	Single-family	None	None	A	B	C
	Two-family	None	None	A	B	C
	Multifamily	A	A	None	A	C
	Large scale multifamily, high rise	B	B	A	None	B
	Commercial uses as set forth in Article IV	C	C	C	B	None

	Table B
	Development Type (See Table A)	Number of Plant Units* Required Per 100 Linear Feet of Property Line or Right-of-Way
	A	40
	B	80
	C	120

	*Plant units:
		Shade tree = 10
		Ornamental tree = 5
		Evergreen = 5
		Shrub = 1

(2) Buffer planting shall include an area of at least 10 feet in depth provided along the side and rear property lines of the subject property.

(3) If all or any part of the buffer has been provided on the adjacent property, the proposed use must provide only that part of the buffer that has not been provided on the adjacent property.

(4) Buffer areas shall be within the property lines of the subject lot.

J. Perimeter parking lot landscaping. The following requirements shall apply to all parking lots that are directly adjacent to another parking lot:

(1) A landscape strip must be provided between the parking lots at least five feet in depth.

(2) The landscape strip shall be located on the property of the subject lot.

(3) One shade or ornamental tree and three shrubs are required for 35 linear feet of perimeter.

(4) If all or any part of the landscaped strip has been provided on the adjacent property, the subject lot must provide only that amount of the landscaped strip that has not been provided on the adjacent property.

(5) Requiring perimeter landscaping between adjacent parking lots shall not preclude the need to provide vehicular access between lots.

K. Landscape strip. Landscape strip requirements shall apply to that portion of a property with a commercial or multifamily use that is adjacent to a public right-of-way. Landscape strip requirements are as follows:

(1) A minimum of one shade or ornamental tree and 10 shrubs shall be planted for every 35 feet of frontage in the aforementioned strip, excluding driveway openings.

(2) A landscaped strip of land at least 10 feet in depth shall be located between the abutting right of way and the subject lot.

(3) If the applicant provides a berm that is at least 2.5 feet higher than the finished elevation of the parking lot, planting requirements are reduced to one shade tree and five shrubs for every 35 linear feet of frontage.

(4) The landscaped strip must be located on the property, adjacent to the public right-of-way and shall be landscaped with grass or other ground cover approved by the Planning and Development Committee. The strip may not include any paved surfaces with the exception of pedestrian sidewalks or trails that cross the strip.

L. Maintenance.

(1) The owner, tenant and their agent, if any, shall be jointly and severally responsible for the maintenance of all landscaping and or buffering which shall be maintained in good condition so as to present a healthy, neat and orderly appearance.

(2) All approved landscaping and or buffering must be maintained in accordance with the following standards:

(a) All plants shall be maintained in a vigorous growing condition. Plants not so maintained shall be replaced in a timely fashion, which shall be no later than the beginning of the next growing season.

(b) Plants are to be maintained free of debris and litter.

(c) All fences and other screening materials shall be maintained or replaced to the same quality required of said items at the time of initial installation.

(d) All required landscaping shall be properly pruned and maintained in good condition at all times, in accordance with accepted standard practice.

(e) No obstruction to driver vision shall be erected or maintained on any lot.

(f) All planted areas shall be maintained in a relatively weed-free condition.

M. Minor revisions to approved plans.

(1) Due to seasonal planting problems and a lack of plant availability, approved landscaping and/or buffering plans may require minor revisions.

(2) Minor revisions to planting plans are accepted if there is no reduction in the quality of plant material or no significant change in the size or location of plant materials, and if new plants are of the same general category and have the same general characteristics as the materials being replaced.

(3) Minor revisions may be made without review by the Planning and Development Committee if it is the judgment of the Code Enforcement Officer that a revision to an approved plan is a minor revision.

N. Alternative methods of compliance.

(1) Methods of alternative compliance shall be considered when one or more of the following conditions apply:

(a) The site involves space limitations or unusually shaped parcels.

(b) Topography, soil, vegetation, or other site conditions are such that full compliance is impossible or impractical.

(c) Due to a change of use of an existing site, the required landscaping and or buffering is larger than can be provided.

(d) Safety considerations are involved.

(e) Strict application of the provisions of this article would deprive the applicant of a reasonable use of the land in the manner equivalent to the use permitted other landowners in the same zone.

(2) Review of alternative methods of compliance shall take into consideration how the proposed materials, placement of materials and number of materials equal the prescribed regulations in terms of quality, effectiveness, durability, hardiness and performance.

(3) The applicant must describe which of the requirements will be met with modifications, which project conditions justify using alternatives and how the proposed measures equal, exceed or fall short of normal compliance.

(4) The applicant must show that the method will not alter the essential character of the neighborhood.

O. Declaration of covenants, restrictions, conditions and easements. The Planning and Development Committee may require the applicant to file a declaration of covenants, restrictions, conditions and easements in conjunction with the landscaping and/or buffering plan to be recorded in the Genesee County Clerk's office within five working days of the decision.

P. Enforcement.

(1) The Code Enforcement Officer or Building Inspector shall oversee the installation and maintenance of required plants.

(2) The Code Enforcement Officer or Building Inspector shall deny a building permit application where the Planning and Development Committee has disapproved a landscaping and/or buffering plan.

(3) The Code Enforcement Officer or Building Inspector shall not issue a certificate of occupancy until all conditions specified by the Planning and Development Committee in the landscaping and/or buffering plan have been met.

(4) In the event maintenance or replacement is not conducted in accordance with these provisions, the Code Enforcement Officer shall give written notice of noncompliance to the owner of record of such property. The notice shall order compliance within 30 days.

(5) The Code Enforcement Officer may authorize additional time to comply to coincide with the planting season.

(6) If the property owner remains in noncompliance at the end of 30 days and an extension has not been granted by the Code Enforcement Officer, a fine may be issued to the property owner no less than $50 and no greater than $250.

Q. Conflicts. If the provisions of this article conflict with other ordinances or regulation, the more stringent limitation or requirement shall govern or prevail to the extent of the conflict.

§ 190-35 Accessory uses.

A. Residential districts.

(1) Accessory uses permitted in residential districts shall not alter the character of the premises on which they are located or impair the neighborhood and shall be located on the same lot with the use to which they are accessory.

(2) Permitted accessory uses shall include the following:

(a) The sale of produce raised on the premises.

(b) Customary home occupations, except in R-1 Districts, provided that no goods or products are publicly displayed on the premises.

(c) Garage space or parking space for not more than two motor vehicles, provided that for each 2,000 square feet that the area of the lot exceeds 5,000 square feet, one additional motor vehicle may be garaged or parked; provided, however, that except on a farm not more than one commercial vehicle shall be garaged or parked on any lot in a residential district. Space for one motor vehicle, which must be noncommercial, may be rented to persons not residents on the same lot. The above provisions shall apply to private stables, one horse being considered the equivalent of one motor vehicle. Notwithstanding the above, in the case of multifamily dwellings, the provisions of § 190-39 shall apply.

(d) A temporary building for commerce or industry in a residential district where such building is necessary or incidental to the development of a residential area. Such building may not be continued for more than one year.

(e) Swimming pools and fencing. No swimming pool, other than a portable aboveground swimming pool, shall be constructed or erected without a building permit and the provisions of Subsection D of this section shall apply.

[1] Fencing. No person, firm or corporation shall maintain a swimming pool without first enclosing such swimming pool with a permanent protective fence. Such fence shall be a minimum of four feet in height measured from ground level. The wall of a dwelling or an accessory building may form a part of such fence. If walls of a structure used for swimming purposes are four feet or more above ground level and are constructed of a solid material, no other fencing is required.

[2] Gates. All gates or doors opening through a fence surrounding a pool shall be equipped with a self-latching device for keeping the gate or door securely closed at all times when not in actual use, except that the door of any dwelling, house or any accessory building which forms a part of the enclosure need not be so equipped. Any gate or door shall be kept locked while the swimming pool is not under the direct supervision of an adult. All ladders or steps used to gain entrance to a pool shall be removed, deactivated or otherwise made unusable when the pool is not in use.

B. Limited Commercial Districts.

(1) Accessory uses permitted in Limited Commercial Districts shall not alter the character of the premises on which they are located or impair the neighborhood, and shall not include any use not on the same lot with the use to which they are accessory.

(2) Permitted accessory uses include the following:

(a) Any accessory use permitted in residential zoning districts.

(b) The following uses, subject to the provisions hereafter set forth:

[1] Dispensary or pharmacy for the sale of drugs, medicines, medical or dental supplies and accessories.

[2] Licensed opticians, place of business for the sale of prescription glasses.

[3] Lunch room or lounge for the sale of light lunches and nonalcoholic beverages.

[4] Uses of a similar nature, provided that such is clearly incidental to a primary permitted use.

(c) The accessory uses set forth in Subsection B(2)(b) above are permitted subject to the following conditions, restrictions and limitations.

[1] Such uses shall be solely for the rendering of service and sales to the tenants or occupants of the buildings located on the same lot as the accessory use, and to their employees, clients or patients.

[2] There shall be no direct exterior public entrance or exit from the specific areas occupied by such accessory uses except for fire or emergency purposes.

[3] No sign, display, or advertising device directly or indirectly relating to any such accessory use shall be visible from a street.

[4] The aggregate area occupied by all such accessory uses shall not exceed 20% of the rentable space contained in the one building or building complex.

C. General and Central Commercial Districts. Accessory uses in General and Central Commercial Districts shall not alter the character of the premises on which they are located, shall be clearly incidental to a permitted primary use, and shall be located on the same or adjacent parcel of land, except for parking facilities, which shall be governed by § 190-39.

D. Accessory buildings. Accessory buildings, including swimming pools, may not occupy any required open space other than a rear yard, and any such accessory building may occupy not more than 40% of any required rear yard and shall be not less than three feet from any lot line, except that a private garage may be built across a common lot line by mutual agreement between adjoining property owners. Accessory buildings shall in no case exceed 20 feet in height. Garages built into or attached to dwellings shall not be considered accessory buildings, but part of the principal building.

E. Satellite dishes.

(1) Satellite dishes (disks) for television reception shall be allowed in any zone subject to the restriction set forth in § 190-35D.

(2) A building permit must be obtained to install a satellite dish greater than five feet in diameter.

(3) Freestanding satellite dishes greater than 13 feet in diameter, or any satellite dish greater than eight feet in diameter to be mounted on a building, shall require installation design certified by a registered architect or licensed professional engineer.

(4) Freestanding satellite dishes not more than 13 feet or not less than 10 feet in diameter shall be installed as follows:

(a) Pad size: a pad of poured concrete (3,500-pound mix or greater) which measures three feet wide by three feet long by four feet deep.

(b) Mounting: The frame of the satellite dish shall be attached to the pad by the appropriate hardware (J-bolt, superstud, etc.) of a size greater than or equal to 5/8 inch diameter.

(c) Electrical connections: All electrical wiring shall be installed in accordance with the National Electrical Code. All circuits of 110 volts or larger shall be protected by a ground fault interrupter, unless a factory installed grounding unit is provided.

(d) Freestanding satellite dishes of less than ten-foot diameter may be mounted on a correspondingly smaller concrete pad with a minimum depth of 42 inches.

[Added 5-28-1985]

§ 190-36 Nonconforming uses.

[Amended 10-12-1999]

A. Intent.

(1) Unless otherwise provided for elsewhere in this chapter, any use of land or a structure, which use was lawful at the time of the effective date of this chapter, may be continued; provided, however, that such use or structure shall have continued in operation, does not constitute a nuisance and shall not be enlarged, altered or changed in area, activity or content during its continuance, except as provided otherwise in this chapter.

(2) Any use or structure which was in violation of this chapter prior to adoption of this chapter shall not be regarded as nonconforming under this chapter.

B. Authority to continue.

(1) The use or occupancy of a nonconforming structure which was a lawful structure at the time of the effective date of this chapter may be continued; provided, however, that no enlargement, change or alteration shall be permitted upon such structure, except upon a finding by the Code Enforcement Officer that such enlargement, change or alteration will produce greater compliance with this chapter and that the use within such structure is in conformity with the requirements of this chapter; and further provided that no enlargement, change or alteration of a structure housing a nonconforming use shall be permitted, except upon a finding by the Board of Appeals that such enlargement, change or alteration will permit greater compliance with the provisions of this or other appropriate regulations, as required by the Board of Appeals, and is installed or instituted to minimize the detrimental effects of the nonconforming use upon adjoining conforming uses.

(2) Nothing in this chapter shall be deemed to prevent the strengthening or restoring to a safe condition of any structure, or part thereof, declared to be unsafe by any official charged with providing for the public safety, which strengthening or restoration is ordered by such official.

(3) Any building, other structure or use of land which is made nonconforming by any lot size, open space, height or building size regulations of this chapter, or by any subsequent amendments thereto, may be continued, except as hereinafter provided.

C. Alterations.

(1) A structure containing a nonconforming use may not be renovated or structurally altered during its life to an extent exceeding, in aggregate cost, 50% of the market value of the building unless said building is changed to a conforming use. The market value shall be the product of the structure's current assessed value as indicated on the City's assessment records times the City's equalization rate. Nothing in this chapter shall prevent the renovation or repair of nonstructural members or the maintenance of a structure made necessary by ordinary wear and tear. Under this provision a nonconforming use within a structure shall not be substantively extended or physically expanded.

(2) Any portion of a structure that is determined to be nonconforming in regard to any provision of this chapter shall not be renovated or structurally altered for a nonconforming use except under the regulations set forth in the preceding Subsection A, but may be renovated or structurally altered, but not expanded, if occupied by a conforming use.

D. Extensions.

(1) A nonconforming use shall not be extended, but the extension of a lawful use to any portion of a structure which existed prior to the enactment of this chapter shall not be deemed the extension of such nonconforming use. An extension of a nonconforming use shall include any activities or actions that expand the area or volume occupied by a nonconforming use. Such activity or action shall include, but not be limited to, the physical expansion of a nonconforming use into previous underutilized, vacant or a new constructed space; the increase in size of any parking related to a nonconforming use; and the increase in any item that will result in a larger parking requirement as defined in § 190-39.

(2) Any portion of a structure that is determined to be a nonconforming in regard to any provision of this chapter shall not be extended unless such extension is in conformance with this chapter or any necessary variances are obtained from the Zoning Board of Appeals.

E. Destruction of structure. Nothing in this chapter shall prevent the restoration, rebuilding or repairing of any structure containing a nonconforming use, which structure has been damaged by fire, acts of God or by any means not within the control of the owner, provided that such restoration or construction is commenced within one year after the destruction and is completed within one year of the date of issuance of a building permit. For any structure containing a nonconforming use which is destroyed, by any cause, not within the control of the owner, to an extent exceeding 50% of its market value, the future structure or use on the site shall conform to this chapter. The market value shall be the product of the structure's current assessed value as indicated on the City's assessment records times the City's equalization rate.

F. Definition of structure. For the purpose of this subsection, structure shall be defined as hereinafter stated to determine the percentages set forth herein. If there is only one building upon real property, structure shall be that one building. If there is more than one building upon real property, structure shall be defined as the total square footage of all buildings as compared to the portion destroyed or altered.

G. Change in use.

(1) Once changed to a conforming use, no building or land shall be permitted to revert to a nonconforming use. A nonconforming use may be changed to another nonconforming use only under the following conditions:

(a) Such change shall be permitted only upon issuance of a special use permit.

(b) The applicant shall show that the nonconforming use cannot reasonably be changed to a use permitted in the district where such nonconforming use is located.

(c) The applicant shall show that the proposed change will be less objectionable in external effect than the existing nonconforming use with respect to:

[1] Traffic generation and congestion, including truck, passenger car and pedestrian traffic.

[2] Noise, smoke, dust, noxious matter, heat, glare and vibration.

[3] Storage and waste disposal.

[4] Appearance.

(2) With any change in use from a nonconforming use, any nonconforming area dimension on the premises shall cease to be a valid preexisting nonconforming use.

H. Displacement. No nonconforming use shall be extended to displace a conforming use.

I. District changes. Whenever the boundaries of a district shall be changed so as to transfer an area from one district to another district of a different classification, the foregoing provisions shall also apply to any nonconforming uses existing therein.

J. Discontinuance. Whenever a nonconforming use or a nonconforming structure has been discontinued for a period of one year, such structure shall not be reused without appropriate variances or only in conformity with the provisions of this chapter or such use shall not thereafter be reestablished, and any future use shall be in conformity with the provisions of this chapter.

K. Accessibility to public right-of-way. No building permit or certificate of occupancy shall be issued for any new land use activity where there is no reasonable access from the lot or area upon which such activity is located to an existing public street; provided, however, that this provision shall not prohibit the continued use of any structure or lot as such use existed at the effective date of this provision.

L. Construction approved prior to adoption of or amendment to chapter. Nothing herein contained shall require any change in plans, construction or designated use of a building for which a building permit has been heretofore issued, provided that active and substantial construction shall have been originated prior to the enactment of this chapter and further provided that the entire building shall be completed according to such plans filed within two years from the effective date of this chapter.

§ 190-37 Special use permits.

[Amended 11-9-1998]

The following uses may be permitted provided a special use permit is authorized by the Planning and Development Committee under the terms and specifications herein. The necessity for certain specific uses is recognized. At the same time they, or any of them, may be or become inimical to the public health, safety and general welfare of the community if located without consideration to the existing conditions and surroundings. Special use permits authorize a particular land use that is permitted by the provisions of this chapter, but may require additional conditions to assure that the proposed use is in harmony with this chapter and will not adversely affect the neighborhood conditions. The following standards and proceedings are hereby established which are intended to provide the Planning and Development Committee with a guide for the purpose of reviewing certain uses not otherwise permitted in this chapter.

A. Municipal or public utility structures. Municipal or public utility structures or facilities may be permitted by special use permit in residential and commercial zoning districts provided that:

(1) The proposed installation in a specific location is necessary and convenient for the efficiency of the public utility system or the satisfactory and convenient provision of service by the utility to the neighborhood or area in which the particular use is to be located.

(2) The design of any building in connection with such facility conforms to the general character of the area and will not adversely affect the safe and comfortable enjoyment of property rights of the district in which it is located.

(3) Adequate and attractive fences and other safety devices will be provided.

(4) A buffer strip 10 feet in width shall be provided around the perimeter of the property.

(5) Adequate off-street parking shall be provided.

(6) All of the area, yard and building coverage requirements of the respective zoning district will be met.

B. Professional offices. Professional offices may be allowed in certain residential districts, provided that:

[Amended 1-22-2024 by Ord. No. 2-2023]

(1) A minimum area of 10,000 square feet with 75 feet of frontage shall be provided.

(2) Not more than 30% of the lot shall be covered by building area.

(3) Minimum setbacks of 35 feet for rear and front yards and a minimum of 12 feet for one side yard and a total of 25 feet for both side yards shall be required for all new construction.

(4) On an existing structure which is connected and providing no additions are required, the Planning and Development Committee shall determine that the proposed use and structure will not be detrimental to adjoining properties.

(5) Off-street parking shall be provided at a rate determined by the Planning and Development Committee to be appropriate for the specific use or uses proposed. At a minimum, one space for each employee shall be provided. The provisional parking requirements of § 190-39 shall serve as a guide in determining appropriate off-street parking. No parking shall be permitted within any portion of the front yard.

(6) Where a parking area is located within 20 feet of a residential property, continuous solid screening of fencing and/or coniferous plantings at least six feet in height shall be placed and maintained between the parking spaces and the neighboring residential use property. Parking area accessways shall not be required to be screened.

(7) No more than four professional offices shall occupy one building.

(8) If the proposed use is to be located in a residential building, the residential facade shall be maintained.

(9) Site plan submittals.

(a) For existing buildings on approved parcels, the applicant shall submit for review a scale site plan not to exceed one inch equals 50 feet. The plan shall contain the following information:

[1] A property survey.

[2] Principal and accessory structure locations and dimensions.

[3] Parking areas, quantities, and screening details.

[4] Sidewalks and driveways/parking area accessways.

[5] Exterior lighting.

[6] Refuse storage plan and enclosure details. Dumpsters are not permitted within residential use districts.

[7] Signs.

[8] Existing and proposed vegetation.

[9] Stormwater drainage.

[10] Outdoor storage, including, but not limited to, any type of material, vehicle, or equipment not specifically allowed by issuance of the special use permit, is not permitted.

(b) New construction requires site plan submittal and review in compliance with § 190-44C(1).

C. High-rise apartments. High-rise apartments may be permitted by special use permit in the R-3 Residential, C-1 Limited Commercial and C-2 General Commercial Districts, provided that:

(1) Detailed plot plans, showing parking, building location, buffer areas, etc., shall be submitted.

(2) No structure shall contain more than one dwelling unit per 650 square feet of lot area. For structures which exceed eight stories in height, the minimum lot area per dwelling unit shall not exceed 800 square feet.

(3) The minimum lot width shall be 150 feet.

(4) All yards shall have a minimum depth equal to not less than 1/2 the height of the tallest building but in no case shall the required yard areas be less than 35 feet.

(5) No apartment unit shall have less than 396 square feet of gross living area.

(6) Parking may be provided in any yard area but the front yard and shall be in the ratio as approved by the City Council.

(7) Not more than 40% of the lot area shall be covered by building area.

(8) Each building shall be provided with at least one passenger elevator and one service/passenger elevator.

(9) 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 project, the street address, and the presence or lack of vacancies.

D. Cleaning establishments. Cleaning establishments may be permitted by special use permit in the C-2 General Commercial and Industrial Districts, provided that:

(1) It shall be determined that the proposed use is compatible in the adjoining land uses.

(2) The proposed use will not adversely affect the general health, safety and welfare of the public.

(3) The applicant shall indicate precautions taken to protect the general health, safety and welfare of the public.

E. Automobile service stations; garages; drive-in restaurants. Automobile service stations and/or garages for the storage, adjustment or repair of motor vehicles, drive-in restaurants and other similar uses where specific attention and consideration must be given to traffic generation and the disruption of traffic flow as well as the danger to the general public due to hazards by fire and explosion may be permitted by special use permit in C-2, I-1 and I-2 Districts, provided that:

[Amended 11-9-2020 by Ord. No. 2-2020]

(1) A site plan shall be prepared to show the location of buildings, parking areas, and driveways. In addition, the site plan shall show the number and location of fuel tanks to be installed; the dimensions and capacity of each storage tank; the depth the tanks will be placed below the ground; the number and location of pumps to be installed; the type of structure and accessory buildings to be constructed; the location, height, and lighting power of proposed lighting standards; and the manner in which buffering is to be provided.

(2) Automobile service stations and drive-in restaurants shall have the following yard restrictions:

(a) A minimum lot size of 15,000 square feet with a minimum width of 125 feet.

(b) Minimum front and side yard areas of 25 feet with a minimum rear yard of 35 feet.

(c) Maximum lot coverage of 20%.

(d) Maximum building height of one story or 18 feet.

(3) Driveways at service stations, drive-in restaurants and other uses providing drive-in service shall not be less than 20 feet nor more than 24 feet in width at any point. Driveways must be at least 20 feet from any side lot line and 50 feet from the intersection of street lines. No more than two driveways shall be permitted for each 125 feet of street frontage.

(4) The entire area of the site traveled by motor vehicles shall be hard surfaced.

(5) Any repair of motor vehicles shall be performed in a fully enclosed building, and no motor vehicle shall be offered for sale on the site. No motor vehicle parts or partially dismantled motor vehicles shall be stored outside an enclosed building.

(6) Accessory goods for sale may be displayed on the pump island and the building island only. The outdoor display of oil cans and/or antifreeze and similar products may be displayed on the respective island if provided for in a suitable stand or rack.

(7) All fuel pumps shall be located at least 20 feet from any street or property line and pumps shall have automatic shutoffs as approved by the Fire Department.

(8) Parking for service stations shall be provided in the ratio of one space per 100 square feet of floor area or fraction thereof in the principal building. Parking for drive-in restaurants shall be provided in the ratio of four spaces per 100 square feet of floor area or fraction thereof in the principal building.

(9) Where such parking areas abut a residential zoning district, they shall be screened by a buffer area not less than 10 feet in depth composed of densely planted evergreen shrubbery, solid fencing, or a combination of both which, in the opinion of the City Council will be adequate to prevent the transmission of headlight glare across the district boundary line. Such buffer screen shall have a minimum height of six feet above finished grade at the highest point of the parking area. The materials shall be in keeping with the character of the adjacent residential area.

(10) No automobile service station or public garage shall be located within 500 feet of any public entrance to a church, school, library, hospital, charitable institution or place of public assembly. The distance shall be measured in a straight line from the public entrance to the lot line nearest such entrance along the street line.

(11) No service station shall be located within 1,000 feet of an existing station on the same side of the highway. If a station is located at the intersection of two streets, this distance shall be measured along both streets which abut the property.

(12) The areas shall be illuminated by nonglare lighting standards, focused downward, and which, in the opinion of the City Council, will not create a nuisance to adjoining property owners.

(13) Drive-in restaurants for the purposes of this subsection are defined as eating establishments for customers normally arriving by motor vehicles, who are provided quick service, food and drink, and such customers obtain their own food and drink at a counter or other place for dispensing food therein and consume such food and drink upon the premises; or in such type restaurants where customers may be waited upon without leaving their vehicles by employees of the drive-in restaurant.

(14) The use of an automobile service station may include the sale or rental of vehicles with a special permit from the City Council. No vehicles shall be parked or displayed in the required front yards, and a detailed plot plan showing the areas in which such vehicles are to be stored shall accompany the application for the special use permit.

F. Automobile junkyards; reclamation centers. As defined by this chapter, junkyards, automobile junkyards, or reclamation centers may be permitted by special use permit in the I-1 and I-2 Industrial Districts, provided that:

(1) All wrecking, dismantling, processing and other related operations shall be conducted within the property lines which shall be completely enclosed by a solid fence material of not less than six feet in height. Such fence shall be of a height sufficient to preclude the visibility of materials from all public rights-of-way.

(2) The keeping of such fence in good maintenance shall be a condition of the issuance of the special use permit. The Council may revoke this authorization if such fence is not maintained in good condition.

(3) No junkyard shall be located within 200 feet of a residential district. This distance shall be measured from the nearest point of the property line of the junkyard to the residential district.

G. Large-scale multifamily developments. Large-scale multifamily developments, including garden apartments and townhouses may be permitted in any residential district and the C-1 Limited Commercial District, provided that:

(1) A detailed site plan showing the location of all buildings, driveways, parking areas, and recreation space buffer areas, is submitted in accordance with § 51-8B of Chapter 51, Building Construction, of the Code of the City of Batavia.

(2) Special use permit for such uses shall be required at any time the number of units in a particular development reaches six or more, whether the six are proposed at any one time, single, or in any combination totaling six or more.

(3) The total number of dwelling units for a multifamily project shall not exceed a density of:

(a) Six units per gross acre of land in R-1 Districts.

(b) Twelve units per gross acre of land in R-2 Districts.

(c) Twenty units per gross acre of land in R-3 and C-1 Districts.

(4) There shall be no dwelling units below the first story or above the second story.

(5) Each dwelling unit shall contain complete kitchen facilities, toilet and bathing facilities, and shall have a minimum gross floor area in accordance with the following:

(a) One-bedroom dwelling units and/or efficiency units shall have a minimum of 600 square feet.

(b) Two-bedroom dwelling units shall have a minimum of 800 square feet.

(c) Three-bedroom dwelling units shall have a minimum of 1,000 square feet.

(6) There shall be no more than 16 dwelling units in each building or structure.

(7) No multifamily dwelling structure shall be located within 25 feet of another dwelling structure, swimming pool, recreation building, or garage.

(8) Every building shall have a minimum setback of 20 feet from any and all interior roads, driveways, and parking areas.

(9) There shall be a buffer strip planted with evergreen shrubs along the entire perimeter of the property, exclusive of the front yard(s), of at least 15 feet in width measured from the property line. No parking or recreation areas shall be permitted within this buffer strip.

(10) Parking shall be required at the ratio of no less than 1 1/2 spaces per dwelling unit.

(11) A minimum of 10% of the total tract area shall be designated for common recreational purposes. The area designated for recreation shall, in the opinion of the City Council, be suitable for such purposes.

(12) Sufficient laundry, drying, garbage pickup and other utility areas must be provided and shall be located with a view both to convenience and to minimizing the detrimental effect on the aesthetic character of the building(s) and shall be enclosed and shielded from view by fencing, walls or shrubbery of at least six feet in height around the perimeter.

(13) There shall be a minimum common storage area in each building for bicycles, perambulators and similar type of equipment of 30 square feet in area and a minimum of six feet in height per dwelling unit.

(14) Driveways, parking areas, dwelling entranceways, and pedestrian walks shall be provided with sufficient illumination to minimize hazards to pedestrians and motor vehicles. Such light sources shall, where necessary, be shielded to avoid glare disturbing to occupants of buildings.

(15) Other standards and conditions to the site plan and to curbing, driveways, parking areas, pedestrian walks, landscaping and planting not otherwise specified herein may be attached as conditions by the City Council as circumstances indicate they will further the purposes and intent of this chapter.

(16) The proposed use shall meet the area and yard requirements specified in Schedule I of this chapter.[1]

[1] Editor's Note: Schedule I is included at the end of this chapter.

H. Heliports and helistops. Heliports and helistops may be permitted by special use permit in the I-1 and I-2 and P-1 and P-2 Districts, provided that:

(1) All applications for a heliport or helistop in the City shall include all of the information identified in § 51-8D of Chapter 51, Building Construction, of the Code of the City of Batavia, as well as anticipated frequency of helicopter operations; proposed landing areas, including ground and building sites; types of craft to be utilized; takeoff and landing approaches, emergency landing sites; fire participation facilities; and structural support capabilities for rooftop landing sites.

(2) Heliports or helistops shall not be permitted within 1,000 feet of any residential district except by special use permit authorized by the City Council.

(3) All helicopter landing areas shall be enclosed by wind-deflection fences which are four feet in height.

(4) All helicopter landing surfaces shall be free from dust, dirt and other loose material and shall be covered by a surface approved by the City Engineer.

(5) For rooftop landing areas the structure shall be capable of supporting a gross concentrated load equal to 1.75 times the helicopter's weight.

(6) Routes of helicopters shall be over terrain which affords suitable emergency landing areas no farther away than a glide angle of one foot vertically to four feet horizontally.

(7) Minimum landing areas for a heliport shall be 100 feet by 100 feet exclusive of tie-down facilities, taxi-ways, service and parking areas. On rooftop sites, the minimum landing area shall be 40 feet by 40 feet for helicopters of less than 3,500 pounds gross weight. The minimum size of the touchdown area for helicopters over 3,500 pounds gross weight shall be at least 11/2 times the rotor diameter.

(8) Rooftop helicopter landing facilities shall be located in an area that will permit a glide slope angle of eight feet horizontal distance for every one foot vertical clearance required. Two such approaches shall be available, at least 90º removed from each other.

(9) On all touchdown or landing areas, whether elevated or flush with the roof, provision shall be made for collecting fuel which may be spilled in event of any emergency. Separator or clarifier tanks for collecting spilled fuel shall be installed under approval and supervision of the City Engineer.

(10) Fire-fighting facilities approved by the Batavia Fire Department shall be provided at all landing sites.

(11) All landing sites shall be approved and marked as prescribed by the Federal Aviation Administration.

(12) For rooftop sites no light standards, roof vents, guy lines, television antennas, or other similar rooftop obstructions which may be difficult to see from the air shall be permitted within the required glide slope on three sides, or within an arc of 270º.

(13) Such lights as are installed shall illuminate and be directed onto the touchdown pad only, and in such a manner that the light rays cannot interfere with the helicopter pilot's vision.

(14) Approved means of communication, such as telephone, radio, fire alarm box or signaling device, shall be provided adjacent to the landing area.

I. Restricted residential uses. Restricted residential uses shall be permitted in C-3 Central Commercial Districts as defined herein with the following provisions:

[Added 7-8-1996]

(1) A detailed site plan showing the location and size of all buildings, entrances, exits, driveways, signage, parking areas, and dumpsters is submitted in accordance with § 51-8 of Chapter 51, Building Construction, of the Code of the City of Batavia.

(2) A detailed floor plan drawn to scale of all interior portions of any building or any renovations to existing buildings shall be submitted as part of the special use permit application.

(3) The maximum height from curb level for any new building constructed shall be four stories.

(4) No residential use shall be permitted on the first floor. The first floor use must be consistent with other allowed uses in the C-3 Central Commercial Districts.

(5) There shall be no more than two bedrooms per unit.

(6) Any new building constructed shall be built to the front lot lines on Main Street and Jackson Street within the C-3 Central Commercial District.

(7) A parking plan shall be submitted detailing plans for parking. An annual fee for parking shall be required for any use by residents of City-owned parking lots with those limitations set forth by the City Council if the special use permit application is approved.

(8) Separate signage denoting residential use shall be allowed as approved in the special use review.

(9) Other standards and conditions to the site plan and to curbing, driveways, parking areas, pedestrian walks, landscaping and planting not otherwise specified herein may be attached as conditions by the City Council as circumstances indicate they will further the purposes and intent of this chapter.

J. Accessory dwelling units. Accessory dwelling units may be permitted by special use permit in the R-1 Residential District, provided that:

[Added 10-25-1999]

(1) No changes are made to the front exterior of the single-family dwelling to maintain the appearance of a single-family home.

(2) Accessory units will only be allowed in owner-occupied single-family residences.

(3) Garages may not be converted to accessory dwelling units.

(4) Entrances for the accessory unit shall not be on the front exterior to maintain the single-family appearance of the structure.

(5) One parking space to be provided for the accessory dwelling unit.

K. Standards applicable for all special use permits. The Planning and Development Committee may issue a special use permit only after it has found that all the following standards and conditions have been satisfied, in addition to any other applicable standards and conditions contained elsewhere in this chapter.

[Added 11-9-1998; amended 11-9-2020 by Ord. No. 2-2020]

(1) The location and size of such use and intensity of the operations involved in or conducted therewith, its site layout and its relation to access streets shall be such that both pedestrian and vehicular traffic to and from the use and the assembly of persons therewith will not be hazardous and shall be in harmony with the orderly development of the district.

(2) The location, nature and height of buildings, walls and fences will not discourage the appropriate development and use of adjacent land and buildings, nor impair their value.

(3) The operation of any such use shall not be more objectionable to nearby properties than would be operation of any permitted use.

(4) The operation of any such use shall not cause undue noise, vibration, odor, lighting glare, and unsightliness so as to detrimentally impact adjacent properties.

(5) When a commercial or industrial special use abuts a residential property, the Planning and Development Committee may find it necessary to require screening of sufficient height and density (i.e., fences, hedges, etc.) to reduce or eliminate the conflicting environmental conditions previously mentioned.

(6) Electrical disturbances shall not be caused so as to disrupt radio or television communications in the immediate area.

(7) The proposed use shall meet the off-street parking and loading requirements of similar uses.

(8) Appropriate on-lot drainage shall be provided so as to eliminate any potential on-site water-related problems. Also, the drainage systems created shall not detrimentally impact on adjacent properties.

(9) Traffic access to and from the use site, as well as on-lot traffic circulation, shall be designed so as to reduce traffic hazards.

(10) Such use shall be attractively landscaped.

(11) A special use permit shall not be issued for a use on a lot where there is an existing violation of this chapter unrelated to the use which is the subject of the requested special use permit, as determined by the Planning and Development Committee.

(12) As a condition of all special use permits, right of entry for inspection with reasonable notice shall be provided to determine compliance with the conditions of said permit.

(13) In addition to the general standards for special use permits as set forth herein, the Planning and Development Committee may, as a condition of approval for any such use, establish any other additional standards, conditions, and requirements it deems necessary or appropriate to promote the public health, safety and welfare, and to otherwise implement the intent of this chapter.

(14) The above standards are not intended to apply to uses whose regulation has been preempted by the state or federal government.

L. Adult uses as per Article VI.

[Added 12-13-1999]

M. Public storage rental units/buildings. Public storage rental units/buildings may be permitted by special use permit in the I-1 and I-2 Districts provided:

[Added 12-9-2019 by Ord. No. 2-2019]

(1) A site plan be prepared and show the arrangement of storage buildings and outside storage areas, exterior lighting, landscaping, screening, fencing, and garbage/trash storage areas, in addition to the site plan requirements of § 190-44.

(2) Buildings are not to exceed one story in height and not more than 20 feet above grade.

(3) Buildings and outside storage areas are to be a minimum of 100 feet from any residential use property.

(4) Storage of the following will be prohibited:

(a) Flammable liquids, gases or solids in excess of those permitted by the International Fire Code.

(b) Storage of food products.

(c) Outside storage of junk automobiles/vehicles, auto parts, or mechanical equipment other than recreational vehicles, motor homes, travel trailers, campers, boats.

(d) Storage of garbage, trash or recyclable materials.

(5) Off-street parking shall be provided for visitors at the rate of one space per 20 rental units.

(6) No materials or products of any kind may be displayed or offered for sale on site.

(7) Outdoor lighting shall be designed so the maximum illumination at the property line does not exceed zero footcandle on adjacent residential use properties.

§ 190-38 Industrial performance standards.

[Amended 8-14-2000]

It is the purpose of this section to provide appropriate standards relating to the operation of industrial activities throughout the City of Batavia. Such operations may create or maintain such excessive noise, vibration, air pollution, odor or electromagnetic interference as to be a deterrent to the public health, comfort, convenience, safety, and welfare. These standards are therefore provided to protect the public interest, and promote the public health and welfare.

A. Noise.

(1) Any use, or portion thereof, established in an industrial district after the effective date of this amendment shall be so operated as to comply with the performance standards governing noise set forth hereinafter. Construction projects shall be exempt from the performance standards, but shall be controlled so as not to become a nuisance to adjacent uses.

(2) Sound levels shall be measured with a sound level meter at the property line.

(3) Maximum permissible sound levels in industrial districts:

(a) Between 7:00 a.m. and 10:00 p.m.: 80 decibels.

(b) Between 10:00 p.m. and 7:00 a.m.: 70 decibels.

B. Odor. It shall be unlawful for any person, firm or corporation to permit the emission of any odor that exceeds thresholds set by the New York State Department of Environmental Conservation for odor, measured at the individual property line.

C. Smoke. It shall be unlawful for any person, firm or corporation to permit the emission of any smoke from any source whatever exceeding thresholds established by the New York State Uniform Fire Prevention and Building Code.

D. Dust and dirt. It shall be unlawful for any person, firm or corporation to permit or cause the escape of such quantities of soot, cinders, or fly ash, that exceeds thresholds set by the New York State Department of Environmental Protection.

E. Noxious gases. The emission of noxious odorous matter in such quantities as to produce a public nuisance or hazard beyond lot lines is prohibited. New York State Uniform Fire Prevention and Building Code and state laws pertinent to the Public Health Law shall apply to noxious gases

F. Vibration. Any use, or portion thereof, established after the effective date of this comprehensive amendment, that creates intense earth-shaking vibrations, such as are created by heavy drop forges or heavy hydraulic surges, shall be set back at least 300 feet from the boundary of a residential or commercial district, unless such operation is controlled in such a manner as to prevent transmission beyond the lot lines of earth-shaking vibrations perceptible without the aid of instruments. But in no case shall any such vibration be allowed to create a nuisance or hazard beyond the lot lines.

G. Fire and safety hazards. Operations and processes that are commonly held to be usually dangerous or hazardous, including the manufacturing or storage of explosives, combustible gases and flammable liquids, shall comply with the provisions (and amendments or successors) of the New York State Uniform Fire Prevention and Building Code. In addition to these regulations, the bulk storage of flammable liquids, liquid petroleum, gases or explosives shall be below ground per the New York State Department of Environmental Conservation. All such storage shall not be located outside the building setback lines as outlined in Schedule I of this chapter.[1]

[1] Editor's Note: Schedule I is included at the end of this chapter.

H. Industrial sewage wastes. It shall be unlawful for any person, firm or corporation to permit the discharge of industrial wastes of any nature, into an open stream, until it is treated according to the regulations set by the New York State Departments of Health and Environmental Conservation. Any wastes discharged into a public sewer shall be treated in accordance with the regulations established in Chapter 147 of the Code of the City of Batavia.

I. Radioactive materials. It shall be unlawful for any person, firm or corporation to permit the emission of such quantities of radioactive materials, in any nature whatever, such as to be unsafe as established by the United States Bureau of Standards.

J. Electrical interference. It shall be unlawful for any use, activity or process to be conducted which produces electromagnetic interference with radio or television reception in neighboring residential or commercial districts.

K. Outside storage. All materials which might cause fumes or dust or which constitute a fire hazard or which may be edible by or otherwise be attractive to rodents or insects shall be stored outdoors only in closed containers.

L. Noncompliance.

(1) If it has been adequately demonstrated to the Board of Appeals that compliance with the terms of this chapter cannot be effectively and immediately made, the Code Enforcement Officer shall have the authority to grant a temporary permit for the continued operation of such noncomplying equipment, but only in the event that the party has taken all necessary steps to secure compliance with this chapter.

(2) Such temporary permit shall be issued for no longer a period than three months, at the expiration of which period of time the party holding such permit shall be deemed in violation of this chapter.

§ 190-39 Parking requirements.

[Amended 2-22-1982; 8-14-2000]

For every building or structure erected, altered, or extended after the enactment of this chapter there shall be provided parking facilities of vehicle storage as set forth below. As defined in this chapter an off-street parking space shall measure no less than eight feet in width and 19 feet in depth and include sufficient space for aisles and maneuverability.

A. Off-street parking.

(1) Purpose: The City finds that large and highly visible parking areas represent one of the most objectionable aspects of commercial development. Such parking lots may damage the historic layout and architectural fabric of historic areas, harm the natural environment and visual character of the community, interfere with pedestrian safety and accessibility and reduce the quality of life in developed areas, as measured by the City's Visual Preference Survey^TM. However, the City also recognizes that inadequate parking can diminish quality of life by creating traffic congestion, safety hazards and inconvenience. The City therefore seeks to balance the need for adequate parking with the need to minimize harm resulting from the provision of parking and to avoid the negative impacts of excessive parking requirements.

(2) Residential and related uses. Minimum parking spaces required for residential and related uses:

(a) For single family or two-family dwelling: two spaces per dwelling unit.

(b) For multifamily dwellings, large-scale multifamily and high-rise apartments: 1 1/2 spaces per dwelling unit.

(c) Home occupation in a dwelling: one space for each 400 square feet devoted to such home occupation, plus the required spaces per dwelling unit.

(d) These requirements may be reduced for dwelling units with less than 1,000 square feet of floor space, senior citizen housing, mixed-use development or other appropriate circumstances if the Planning and Development Committee determines that such reductions are warranted.

(3) Nonresidential uses. The number and layout of parking spaces for nonresidential uses shall be based on the need to protect public safety and convenience while minimizing harm to the character of the community and to environmental, historic and scenic resources. Since businesses vary widely in their need for off-street parking, it is most appropriate to establish parking requirements based on the specific operational characteristics of the proposed uses. The provisional parking standards in Subsection A(3)(a) below may be varied by the Planning and Development Committee according to the criteria in subsection A(3)(b).

(a) Provisional parking standards.

[1] Art gallery or museum: one space per 400 square feet of floor area plus one space per two employees.

[2] Auditorium, movie theater or other places of public assembly: one space for each two employees and five seats.

[3] Auto rental: one space per 250 square feet of sales floor area plus one space per company vehicle.

[4] Auto repair: one space per 200 square feet of sales floor area plus one space per 600 square feet of service floor area, plus one space per company vehicle.

[5] Auto sales: one space per 200 square feet of enclosed sales floor area, plus one space per 600 square feet of service floor area, plus one space per company vehicle.

[6] Bakery: one space per 200 square feet of sales plus one space per two employees.

[7] Bank (with drive-in and walk-in facilities): one space for each 100 square feet of floor area for customers plus one space for each 250 square feet devoted to office use.

[8] Barbershop/beauty parlor: one space per 200 square feet plus one space per two employees.

[9] Boardinghouse or rooming house: one space for each roomer owning and/or keeping a motor vehicle.

[Amended 7-13-2015 by L.L. No. 2-2015]

[10] Bowling alley: five spaces for each lane of the bowling alley.

[11] Car wash: one space per bay plus one space per two employees

[12] Church, synagogue or other place of worship: one space per eight seats.

[13] Clubs and lodges: one space per four seats plus one space per two employees.

[14] Convalescent center or nursing home: one space per two beds plus one space per two employees.

[15] Convenience store: one space per 200 square feet of sales floor area, plus one space per two employees.

[16] Day-care center: two spaces plus one space for each employee.

[17] Funeral home: one space per four seats, plus one space per two employees, plus one reserved space for each hearse or company vehicle.

[18] Furniture store: one space per 400 square feet of sales floor area.

[19] Gas station: five spaces per facility or, if the station's floor area is primarily devoted to convenience store items, then one space per 200 square feet of floor area.

[20] Hospital: one space per two beds plus one space per two employees.

[21] Hotel, motel or bed-and-breakfast: one parking space per guest room plus one parking space per four employees.

[22] Library: one space per 300 square feet of floor area.

[23] Manufacturing/industrial: one space per two employees, plus one space per company vehicle.

[24] Night club: one space per four seats.

[25] Office (not including medical or dental offices): one space per 300 square feet of professional office floor area.

[26] Office, medical/dental: one space per 200 square feet of building area.

[27] Restaurant: one space per 100 square feet of leasable area.

[28] Retail store: one space per 300 square feet of sales floor area plus one space per two employees.

[29] School, elementary: one space per employee plus two spaces per classroom.

[30] School, high school: five spaces for each classroom.

[31] Shopping center: one space per 250 square feet of gross leasable area

[32] Supermarket: one space per 300 square feet of sales floor area plus one space per two employees.

(b) Criteria for applying provisional standards. In applying or modifying the provisional parking standards for any proposed use, the Planning and Development Committee shall consider:

[1] The maximum number of persons who would be driving to the use at times of peak usage. Parking spaces shall be sufficient to satisfy 85% of the anticipated peak demand. The likelihood of people walking or bicycling to the proposed use shall also be taken into consideration.

[2] The size of the structure(s) and site.

[3] The environmental, scenic or historic sensitivity of the site (including applicable limitations on impermeable surfaces). In cases where sufficient area for parking cannot be created on the site without disturbance to these resource values, the Planning and Development Committee or Code Enforcement Officer may require a reduction in the size of the structure so that the available parking will be sufficient.

[4] The availability of safely usable on-street parking.

[5] The availability of off-site, off-street parking within 400 feet that is open to the public, owned or controlled by the applicant, or available on a shared-use basis, provided that the applicant demonstrates a legal right to shared use. Availability of available satellite parking shall also be considered. [See Subsection A(3)(d) below.]

(c) Set-aside for future parking. The Planning and Development Committee may require that an applicant set aside additional land to meet potential future parking demands, especially in cases where there is a phased approach to development. Such land may remain in its natural state or be attractively landscaped but may not be used in a manner that would prevent it from being used for parking in the future.

(d) Satellite parking lots. Parking lots may be constructed as a principal use by special use permit to provide remote parking for Downtown Batavia or other intensively used locations. If used year round, such parking lots shall comply with § 190-34, Landscaping and buffering, of this chapter. Satellite parking lots may be used as park-and-ride lots for carpoolers and bus passengers and for holding specified types of special events if so provided in the special use permit.

B. Design, layout and construction of parking areas.

(1) Location and screening.

(a) All off-street parking shall be located behind or to the side of the principal building. Parking spaces located in a side yard shall, if possible, be screened from public view. Adjoining parking areas shall be connected directly to one another or to a service road or alley wherever feasible to reduce turning movements onto roads.

(b) Within the C-2 District only, a maximum of two rows of parking may be located in the front of the principal building. Such parking shall be set back from the front lot line by a landscaped buffer at least 10 feet in width. Any green space or landscaping can be included in the percentage calculation of § 190-34, Landscaping and buffering, of this chapter.

(c) Parking areas shall be designed and landscaped to avoid long, uninterrupted rows of vehicles. (See Figure 1.)

(2) Construction of parking areas. Parking areas shall be surfaced with a suitable dustless, durable surface appropriate for the use of the land, with adequate drainage. Surfacing, grading and drainage shall facilitate groundwater recharge by minimizing impermeable pavement and runoff. Overflow or peak period parking surfaces shall be permeable. Oil traps may be required for larger paved parking lots. Parking areas to be used at night shall be lighted in a manner that does not result in glare to adjoining residential properties or cause traffic hazard due to glare. In addition to the requirements of § 190-34, Landscaping and buffering, of this chapter, parking areas containing more than 30 spaces shall be broken into separate lots by tree lines, alleys, pedestrian areas or buildings. (See Figure 1.)

(3) Residential buffer required. As part of the perimeter landscaping plan outlined in § 190-34, Landscaping and buffering, of this chapter, a ten-foot buffer is required between commercial properties and residential properties.

C. C-3 District waiver. Since public parking facilities are provided in the C-3 Downtown Batavia District and the C-2 Ellicott Street business area adjacent to the C-3 District, off-street parking facilities are not required for properties located there. This waiver recognizes that lots in these areas are too small for vehicle storage. Moreover, private off-street parking lots would ignore the Comprehensive Plan recommendation to create pedestrian-oriented and visually attractive commercial areas in these districts.

D. Weight limit. Not more than one commercial vehicle over 1/2 ton gross vehicle weight shall be garaged or parked on any lot in a residential (R) district. No tractors, tractor trailer combinations, or trucks in excess of five tons gross vehicle weight shall be parked in residential (R) districts. The parking or garaging of any vehicle used for the purpose of removing, transporting or disposing of any sewage, sludge, human or animal excreta, industrial waste, garbage or any refuse shall be prohibited in a residential or commercial district, or within 300 feet of any residential or commercial district.

E. Residential driveways and parking spaces. Driveways and parking spaces located in front yards shall conform with the following standards:

[Amended 8-13-2001]

(1) The width of driveways and parking spaces located in front yards shall not exceed 1/4 of the lot frontage and shall be constructed subject to the provisions of §§ 190-39B and 159-11.

(2) Permit required. It is unlawful for any person to construct, enlarge or relocate a residential driveway or parking space to the front yard of a property, without first obtaining a driveway and parking space permit. Routine maintenance and resurfacing of an existing driveway or parking space, not involving construction, enlargement or relocation, shall not require a permit.

(3) Application for permit. An application shall be made in writing to the Zoning Enforcement Officer on forms prescribed and provided by the City of Batavia and shall contain the following information:

(a) Name, address and telephone number of applicant and property owner.

(b) Scaled dimensions of the subject property with location of existing principal building, existing and proposed driveway and/or parking space.

(c) Type of surfacing material for proposed driveway or parking space.

(4) Fees. Fees for a driveway and parking space permit shall be set by resolution of the City Council.

F. Collective parking. The collective provisions of off-street parking areas by two or more commercial or industrial buildings or uses located on the same parcel of land or adjacent parcels of land is permitted, provided that the total of such facilities shall not be less than 75% of the total sum required of the various buildings or uses computed separately. This provision is valid if adjacent parcels are owned or leased by one or more of the collective users.

G. Penalties.

[Added 9-10-2001]

(1) It shall be unlawful to park any motor vehicle in violation of §§ 190-39E and 190-39B(2).

(2) This article may be enforced by the City of Batavia police and the Zoning Enforcement Officer in the same manner as elsewhere provided for the enforcement of traffic or parking ordinances, including the uses of tags, summonses and towing, and any other procedure authorized by law.

(3) Proof of ownership of vehicle shall be presumptive evidence in an action for enforcement of this article that the owner parked or caused his or her vehicle to be parked in violation of this section.

(4) A violation of this section shall be deemed an offense and shall be punishable by a fine in an amount not to exceed $10.

§ 190-40 Off-street loading and unloading requirements.

A. Uses requiring. For every building, structure or part thereof having over 5,000 square feet of gross building area erected and occupied for commerce, hospital, laundry, dry cleaning, places of public assembly, industry, and other similar uses involved in the receipt and distribution of vehicles of materials or merchandise, there shall be provided and permanently maintained adequate space for standing, loading and unloading services in order to avoid undue interference with the public use of streets or alleys.

B. Computation. 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.

C. Joint use. Off-street loading facilities for separate uses may be provided jointly if the total number of spaces so provided is not less than the sum of the separate requirements for each use, and provided that all regulations governing the location of accessory spaces in relation to the use served are adhered to.

D. Access. 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.

E. Separate from off-street parking. 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.

F. Surface. Off-street loading and unloading areas shall be surfaced with a dustless, durable, all-weather pavement, which shall be adequately drained, all subject to the approval of the City Engineer.

G. Residential buffer. Whenever an off-street loading and unloading area shall be located next to a residential district, said loading and unloading area shall be provided with a buffer adequate to provide a screen to minimize potential nuisance problems to residents.

H. Lighting. 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 district.

§ 190-41 Access control.

In order to encourage the sound development of street frontage, the following special regulations shall apply to all uses permitted within the commercial and industrial districts:

A. Access barrier. Access to streets shall be controlled in the interest of public safety. Each building or group of buildings used for nonresidential purposes, and its parking or service areas, shall be physically separated from the highway by a curb, planting strip, or other suitable barrier of not less than 10 feet in depth along all streets against unchanneled motor vehicle access or egress except for accessways authorized therein.

B. Accessways.

(1) 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 except as permitted by this chapter.

(2) 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 along the streets and to encourage the fronting of business and industrial structures upon a parallel access street and not directly upon a primary road.

(3) Accessways for industrial uses shall not be less than 24 feet, nor more than 40 feet in width. Except where otherwise permitted, all other accessways shall not be less than 20 feet nor more than 24 feet in width.

§ 190-42 Miscellaneous regulations.

A. Rear dwelling. No building in the rear of a principal building on the same lot shall be used for residence purposes, except that an accessory building may house domestic employees of the occupants of the principal building.

B. Location of certain activities. Other provisions of this chapter notwithstanding, the following uses or activities shall not be permitted within 200 feet of any residential district:

(1) Garage or shop for painting of automobiles or for the repairing of automobile bodies or fenders involving hammering or other work causing loud or unusual noise or fumes or odors.

(2) Junkyard, animal hospital, kennel or place for the boarding of animals.

C. Access of business, commercial, or industrial use. No driveway or other means of access for vehicles, other than a public street, shall be maintained or used in any residential district for the servicing of a commercial or industrial use located in a commercial or industrial district, except with special permission of the City Planning Board.

D. More than one building on a lot. When there is more than one principal building on a lot in any district, the space between such buildings shall be no less than the sum of the side yards required, or the sum of the rear and the front yards, as the case may be and minimum lot area requirements shall apply to each structure.

(1) Public storage rental units/buildings are exempt from this requirement and must be constructed in compliance with the separation requirements of the New York State Building and Fire Codes.

[Added 12-9-2019 by Ord. No. 2-2019]

E. Mobile homes. The use of a mobile home for dwelling purposes in any district over 48 hours, whether on wheels or otherwise supported, is prohibited except as provided herein. Upon application, the Code Enforcement Officer may issue a temporary permit for the use of a mobile home for dwelling purposes for a period not to exceed two months in any twelve-month period, or issue a permit for a period of 12 months, which shall not be renewed, for the occupancy of a mobile home during construction of a permanent dwelling for the occupant.

F. Parking lots. Parking lots may be allowed in Residential R-2 and R-3 Districts upon compliance with the following conditions and procedures:

(1) Application for a parking lot in an R-2 or R-3 District shall be made to the Code Enforcement Officer and the application shall be accompanied by a fee as set by resolution of the City Council. It shall be reviewed by the Code Enforcement Officer and forwarded by him or her within 30 days to the Planning Board for its consideration. If the application is thereafter approved, the Planning Board shall note its approval on the application and return it to the Code Enforcement Officer who shall then issue a permit and upon the completion of all the conditions required, the Code Enforcement Officer shall issue a certificate of compliance.

[Amended 4-22-1991; 3-13-1995; 6-25-2001 by L.L. No. 1-2001]

(2) The lot shall be used only for the parking of passenger automobiles of employees, customers or guests of the person or firm submitting an application as aforesaid, and such person or firm shall be responsible for the maintenance of the lot and ensuring compliance with the provisions hereof.

(3) No charge shall be made for parking on the lot.

(4) The lot shall not be used for sales, repair work or servicing of any kind.

(5) Entrance to or exit from the lot shall be located so as to do the least harm to the residential district and reasonable time limits for the use of such lot may be established.

(6) No advertising sign or material shall be located on the lot.

(7) All parking shall be back of the front yard as defined in this chapter, and no motor vehicles shall be parked within 10 feet of any property line.

(8) The parking area shall have a fence at least six feet high around the perimeter of the lot, and curbs with bumper tire barriers shall be installed at all parking spaces.

(9) All lighting shall be arranged so that there will be no glare therefrom annoying to the occupants of adjoining property in a residential district.

(10) The surface of the parking area and the approaches and exits thereto shall be composed of at least two inches of stone treated with asphaltic road oil or such other surfacing as may be required by the Planning Board and shall be smoothly graded and adequately drained.

(11) The Planning Board may require such other conditions as may be deemed necessary to safeguard the health, safety and general welfare of the public and to minimize possible detrimental effects of the parking lot on adjacent property.[1]

[1] Editor's Note: Original Subsection 12, amended 3-13-1995, which immediately followed this section, was repealed 10-14-1997.

G. Landscaping regulations.

(1) Landscaping consisting of attractive trees, shrubs, plants and grass lawns shall be required and planted in accordance with the site plans submitted and approved by the Planning Board. Buffer planting as defined in this chapter shall include an area of at least 10 feet in depth provided along the side and rear property lines of all commercial and industrial districts or uses including parking lots permitted in Subsection F of this section, so as to provide protection to adjacent properties where such lot lines abut Residential Districts or uses.

(2) In addition to such buffer planting, the owner of the commercial or industrial property shall erect on the buffer area a fence six feet in height for the purpose of protecting the residential property from litter, debris and light glare and such other nuisances that would disturb peaceful possession.

(3) Such fence shall contain no more than 25% open space. The responsibility for maintenance of the commercial or industrial property referred to herein shall be the shared responsibility of the owners of the property and any other tenants who may be in possession thereof.

(4) Such fencing referred to above shall be located only as shown on the site plan approved by the Planning Board.

H. Restriction on animals and fowl.

[Added 11-14-2022 by Ord. No. 3-2022]

(1) Subject to the limited exceptions set forth herein, no person shall own, bring into, possess, keep, harbor or feed farm animals, cloven-hoofed animals, equine or fowl, including, but not limited to, cattle, horses, sheep, goats, pigs, swine, llamas, alpacas, ducks, turkey, geese, ponies, donkeys, mules or any other farm animal within the City limits.

(2) Subject to the limited exceptions set forth herein, no person shall own, keep, harbor, or feed wild animals, wild fowl (ducks, turkey, or geese) within the City limits.

(3) Subject to the limited exceptions set forth herein, no person shall breed or maintain any farm animals, cloven-hoofed animals, equine or fowl, including, but not limited to, cattle, horses, sheep, goats, pigs, swine, llamas, alpacas, ducks, turkey, geese, ponies, donkeys, mules or any other farm or wild animal within the City limits.

(4) Exceptions.

(a) A maximum of six hen chickens may be kept, as long as they are penned appropriately, do not accumulate feces, cause odor, or an unsightly or unsafe condition.

(b) Harborage, including transport to and from race tracks and all associated grounds.

(c) Special events, with the approval of an event application.

(d) Animals in transit through the City.

(e) Transport to and from veterinary hospitals/clinics, including short-term boarding for medical procedures/conditions.

(5) No person shall permit an accumulation of animal and/or fowl feces on any property resulting in a foul odor or unsightly condition that makes travel or residence in the vicinity uncomfortable, or which attracts flies or other insects or animals thereby creating an unsanitary condition and facilitating the spread of disease, or which endangers the public comfort and repose.

§ 190-43 Signs.

[Amended 11-25-1996; 12-10-2001; 1-23-2017 by L.L. No. 1-2017; 3-11-2019 by L.L. No. 2-2019]

A. Statement of purpose. The purpose of this section is to promote the public health, safety and welfare of the community by regulating the placement and size of outdoor signs and advertising displays. It is intended to protect all property values by ensuring that individual signs do not detract from the overall appearance and safety of the community.

B. Applicability.

(1) Permit required. It is unlawful for any person to erect, enlarge, relocate or change the copy of any sign, other than those identified as exempt in this section, without first obtaining a sign permit and paying the fee therefor as provided in this section. Routine maintenance of existing signs, not involving erection, enlargement, relocation or change of copy, shall not require a permit.

(2) All signs must be located on the same lot as the permitted use.

C. Application for permit. Application shall be made, in writing, to the Department of Public Works on forms prescribed and provided by the City of Batavia and shall contain the following information:

(1) Name, address and telephone number of applicant and property owner.

(2) Location of the building, structure or land upon which the sign now exists or is to be erected.

(a) If a new sign is to be erected, elevation and plan drawings should be included. A clear description of the placement and appearance of the proposed sign should include the following:

[1] Location on the premises, specifically, its position in relation to adjacent buildings, structures and property lines.

[2] The method of illumination and position of lighting.

[3] Graphic design, including symbols, letters, materials, and possible color combinations.

(b) If the sign is in compliance, the Department of Public Works shall issue a permit for the proposed or existing sign. The Department of Public Works shall give written notice to the applicant if the sign application has been denied.

D. Common sign plan. A common sign plan must be filed with the Department of Public Works for all sites occupied by more than one tenant. After the filing of a common sign plan, all tenant signs must meet the requirements of the common sign plan.

E. Computation of sign type area. The area of a sign type is determined as follows:

(1) For signs consisting of freestanding letters or logos, sign area is calculated as the total area of the rectangle, circle or square that fully encloses each word or logo.

(2) For wall signs and signs on a background, the entire area of the background is calculated as sign area, including any material or color forming the sign face and the background used to differentiate the sign from the structure against which it is mounted. Sign area does not include any supports or bracing.

(3) The sign area of a three-dimensional sign is calculated as the total area of the smallest rectangle, circle or square that fully encloses the largest profile of the three-dimensional sign.

(4) The area for a sign with more than one face is computed by adding together the area of all sign faces, except where the angle at which the two sign faces are placed does not exceed 45°.

F. Measurement of sign height. The total height of a freestanding sign is measured from the highest point of the sign or supporting structure to the adjacent grade.

G. Fees. Fees for sign permits shall be as set by resolution of the City Council.

H. Permitted signs. All signs which comply with the provisions and conditions set forth in this section and obtain a permit shall be allowed, and all signs not so compliant are specifically prohibited.

I. Exempt signs. The following signs are considered to be exempt from obtaining a permit, but not exempt from the provisions of this section. Exempt signs of a temporary nature shall not be attached to fences, utility poles or the like and shall not impair traffic visibility.

(1) Historical markers, tablets and statues, memorial signs or plaques, when cut into a masonry surface or when constructed of bronze, stainless steel or similar material and not exceeding six square feet.

(2) Flags.

(3) Nonilluminated "warning," "private drive," "posted" or "no trespassing" signs, not exceeding two square feet per face.

(a) "Warning," "private drive," "posted" or "no trespassing" signs shall not be in excess of four feet in height and shall not be in excess of two square feet per face. A maximum of one "posted," "warning" or "no trespassing" sign shall be permitted to be placed along the perimeter of property lines at intervals not less than 100 feet apart. This restriction will not apply to properties owned by public entities or utility companies.

(4) Three or fewer temporary signs (banner, window, posters, lawn, and directional) not exceeding 60 days, and per the overall area allocation in Subsection M below.

(5) Open and closed signs, hours of operation, and decorations, including lighting.

(6) On-premises directional signs not exceeding four square feet in area and no more than four feet in height.

J. Prohibited signs.

(1) No off-premises signs shall be allowed other than those permitted by other subsections contained in this article.

(2) No sign shall be illuminated by or contain flashing, rotating, scrolling, strobing, or moving lights.

(3) No sign shall impair or cause confusion of vehicular or pedestrian traffic, in its design, color or placement.

(4) No sign shall be placed upon the roof of any building.

(5) No sign shall consist of or simulate moving, revolving or fluttering devices such as ribbons and streamers.

(6) No advertising message shall be extended over more than one sign placed along a street or highway.

(7) No signs shall be attached to utility poles in all zones of the City of Batavia. No permanent, temporary or exempt signs shall be attached, placed, painted or drawn upon fences, trees or man-made or natural features, including permanent, temporary or exempt signs.

(8) No signs shall be placed anywhere within the City or state rights-of-way without the permission of the Department of Public Works, excepting awning signs, canopy signs, projecting signs, and shingle signs in commercial, industrial and planned development districts not exceeding six square feet and sidewalk signs not exceeding 20 square feet in commercial, industrial and planned development districts. All signs must be a minimum of 18 inches inside the street line.

K. Portable signs.

(1) Portable signs, if powered by electricity, must meet all the construction standards of the New York State Uniform Fire Prevention and Building Code.

(2) Portable sign size shall not exceed 32 square feet and shall be limited to five feet above grade.

(3) Portable signs must be removed after 60 days. Another portable sign permit can be applied for 30 days after removal of a portable sign.

L. Sign types allowed by district. Signs are allowed by district as set forth below. Specific requirements for each sign are shown on the following pages.

	Zoning Districts
Sign Types	R-1, R-1A, R-2	R-3	C-1	C-2	C-3, H-O	I-1	I-2, I-3, P-1, P-2, P-3	L
Wall	•	•	•	•	•	•	•
Awning			•	•	•	•	•
Canopy			•	•	•	•	•
Projecting	•	•	•	•	•	•	•
Shingle	•	•	•	•	•	•
Window			•	•	•	•	•
Pole				•		•
Monument	•	•	•	•	•	•	•	•
Marquee				□	•
Iconic			□	□	•
Bracket	•	•	•	•	•	•	•	•
Sidewalk			•	•	•	•
Drive-through menu board sign1			•	•	•

NOTES:
1	No more than two drive-through menu board signs are permitted per establishment.

KEY:
• = Sign type allowed	□ = Sign type allowed on state highways	Blank Cell = Sign type not allowed

M. Allocation of overall sign area. The maximum sign area allocation for each sign type is determined by the district and is established below. For each cell, there is a maximum sign area allocation that may be utilized with any combination and any number of signs associated with that cell, except only one freestanding sign per 200 feet of street frontage and one wall sign per establishment, per building wall visible from a public right-of-way is allowed (awning and window signs excluded). The total area of wall or canopy signs shall not exceed what would be allowed on the largest wall visible from the public right-of-way. Sign area is measured in square feet or percentage of wall area and total window space for window signs.

	Zoning Districts
Sign Types	R-1, R-1A, R-2	R-3	C-1	C-2	C-3, H-O	I-1	I-2, I-3	P-1	P-2	P-3	L
Wall	2 sf	2 sf	10%	15%	15%	15%	15%	15%	15%	10%
Awning			15%	25%	20%	20%	20%	20%	20%	20%
Canopy			15%	25%	20%	20%	20%	20%	20%	20%
Projecting	2 sf	2 sf	10 sf	10 sf	10 sf	10 sf	10 sf	10 sf	10 sf	10 sf
Shingle	2 sf	2 sf	10 sf	10 sf	10 sf	10 sf	10 sf	10 sf	10 sf	10 sf
Window			25%	25%	25%	25%	25%	25%	25%	25%
Pole				40 sf		15 sf
Monument	15 sf	15 sf	15 sf	40 sf	15 sf	15 sf	15 sf	15 sf	15 sf	6 sf	6 sf
Marquee				100 sf	175 sf
Iconic			15 sf	40 sf	15 sf
Bracket	2 sf	2 sf	10 sf	10 sf	10 sf	10 sf	10 sf	10 sf	10 sf	10 sf
Sidewalk			20 sf	20 sf	20 sf
Temporary	9 sf	9 sf	32 sf	32 sf	32 sf	32 sf	32 sf	32 sf	32 sf	32 sf	9 sf
Drive-through menu board			42 sf	42 sf	42 sf

N. Wall signs.

Description
A sign placed or painted against a building and attached to the exterior front, rear or side so that the display surface is parallel to the plane of the wall.
General Provisions
1.	No portion of a wall sign may extend beyond the ends, above the roofline, above a parapet wall of a building with a flat roof, or above the second story in a building with more than two stories.
2.	No portion of a wall sign may extend above the lower eaveline of a building with a pitched roof.
3.	A wall sign cannot cover windows or architectural details.
4.	A wall sign may be illuminated in accordance with Subsection Z below.
5.	As many as two drive-through menu board signs designed as wall signs shall be permitted, but in no case shall the total number of menu board signs exceed two.
Standards
A	Overall area allocation (max)	Subsection M above
B	Projection measured from building facade (max)	15 inches
C	Electrical raceway (max % of letter height)	50%

O. Awning signs.

Description
A sign where graphics or symbols are painted, sewn, or otherwise adhered to the awning material as an integrated part of the awning itself.
General Provisions
1.	An awning sign cannot extend outside the awning.
2.	Only awnings over ground-story doors or windows may contain signs.
3.	A maximum of one sign is allowed per awning face, per establishment.
4.	Signs are only allowed in the vertical areas of the awning.
5.	An awning sign may only be externally illuminated in accordance with Subsection Z below.
Standards
A	Overall area allocation (max)	Subsection M above
B	Width (max % of awning width/depth)	75%
C	Height of text and graphics on valance (max)	2 feet

P. Canopy signs.

Description
A sign placed on a canopy so that the display surface is parallel to the plane of the wall.
General Provisions
1.	A canopy sign cannot extend outside the overall length or width of the canopy. However, a canopy sign may extend above or below the canopy.
2.	A maximum of one sign is allowed per canopy, per establishment.
3.	A canopy sign must be located over an accessible building entrance.
4.	Electrical raceways are permitted for signs extending below or above the canopy. Otherwise, electrical raceways are not permitted and the sign must be flush with the canopy face.
5.	A canopy sign may be illuminated in accordance with Subsection Z below.
Standards
A	Overall area allocation (max)	Subsection M above
B	Width (max % of canopy width)	75%
C	Height of text and graphics (max)	2 feet
D	Depth (max)	1 foot
E	Electrical raceway (max % of letter height)	50%
F	Clear height above sidewalk (min)	10 feet

Q. Projecting signs.

Description
A sign attached to the building facade at a ninety-degree angle, extending more than 15 inches. A projecting sign may be two- or three-dimensional.
General Provisions
1.	A projecting sign must be located at least 25 feet from any other projecting sign.
2.	A projecting sign may be erected on a building corner when the building corner adjoins the intersection of two streets. Allocation of sign area from both streets may be used; however, in no case can the sign exceed the maximum height and width standards.
3.	The top of a projecting sign can be no higher than the top of the building. However, on one-story buildings, the top of a projecting sign may have a maximum of 20% of the sign height above the top of the building.
4.	Buildings four stories and higher. A projecting sign must be located below the window sills of the fourth story.
5.	A projecting sign may be illuminated in accordance with Subsection Z below.
6.	As many as two drive-through menu board signs designed as projecting signs shall be permitted, but in no case shall the total number of menu board signs exceed two.
Standards
A	Overall area allocation (max)	Subsection M above
B	Height1 (max)
	Mounted below 2nd floor	4 feet
	Mounted on 2nd or 3rd floor	8 feet
C	Spacing from building facade (min/max)	1 foot/2 feet
D	Projection width (max)	6 feet
E	Depth (max)	1 foot
F	Clear height above sidewalk2 (min)	10 feet

NOTES:
(1)	If a sign is mounted across two floors, then the maximum height is the average of the maximum heights for each respective floor.
(2)	Drive-through menu board signs are exempt from the clear height above sidewalk requirement when not located over a pedestrian way.

R. Shingle signs.

Description
A small projecting sign that hangs from a bracket or support.
General Provisions
1.	A shingle sign must be located within five feet of an accessible building entrance.
2.	The hanging bracket must be an integral part of the sign design.
3.	A shingle sign must be located below the window sills of the second story on a multistory building or below the roofline on a single-story building.
4.	A shingle sign cannot be illuminated.
Standards
A	Overall area allocation (max)	Subsection M above
B	Height (max)	3 feet
C	Spacing from building facade (min/max)	6 inches/12 inches
D	Projection width (max)	3.5 feet
E	Depth (max)	6 inches
F	Clear height above sidewalk (min)	10 feet

S. Window signs.

Description
A sign visible from a sidewalk, street or other public place, painted or affixed on glass or other window material, or located inside within four feet of the window, but not including graphics in connection with customary window display of products.
General Provisions
1.	Window signs are only allowed on ground- and second-story windows and doors, except that second-story window signs are only allowed if for a different establishment than that of the ground story and if no other sign is attached to the building for that establishment.
2.	A window sign can only be internally illuminated in accordance with Subsection Z below.
3.	Overall area allocation shall be calculated for all windows per floor, per establishment, per side of the building.
Standards
A	Overall area allocation (max)	Subsection M above

T. Pole signs.

Description
A freestanding sign constructed on a structure of one or more poles.
General Provisions
1.	One pole sign is allowed per street frontage, except that one additional monument sign is allowed for properties with 200 feet or more of street frontage. Where more than one monument sign is permitted, signs along the same street frontage must be spaced a minimum of 150 feet apart.
2.	Additionally, as many as two drive-through menu board signs designed as pole signs shall be permitted, but in no case shall the total number of menu board signs exceed two.
3.	A pole sign must be set back at least five feet from any property line.
4.	A pole sign may be illuminated in accordance with Subsection Z below.
Standards
A	Overall area allocation (max)	Subsection M above
B	Height1 (max)	25 feet (C-2), 18 feet (I-2)
C	Vertical clearance2(min/max)	10 feet/15 feet

NOTES:
(1)	Maximum height of drive-through menu board signs shall be 7 ft.
(2)	Drive-through menu board signs are exempt from the vertical clearance requirements.

U. Monument signs.

Description
A freestanding sign attached to the ground along its entire length to a continuous pedestal. A monument sign is horizontally oriented or is square.
General Provisions
1.	One monument sign is allowed per street frontage, except that one additional freestanding sign is allowed for properties with 200 feet or more of street frontage. Where more than one freestanding sign is permitted, signs along the same street frontage must be spaced a minimum of 150 feet apart.
2.	Additionally, as many as two drive-through menu board signs designed as monument signs shall be permitted, but in no case shall the total number of menu board signs exceed two.
3.	A monument sign must be set back at least five feet from any property line, except for signs in the Land Conservation (L) District where the sign has to be 10 feet from any property line.
4.	A sign erected on a retaining wall is required to meet the standards for a monument sign. The height of the wall is included in the overall height calculation.
5.	A monument sign may be illuminated in accordance with Subsection Z below.
Standards
A	Overall area allocation (max)	Subsection M above
B	Height1 (max)	6 feet
C	Depth (max)	18 inches

NOTES:
(1)	Maximum height of drive-through menu board signs shall be 7 ft.

V. Marquee signs.

Description
A sign attached to the top or the face of a permanent roof-like structure.
General Provisions
1.	A maximum of one marquee sign is permitted per building. Only the following types of establishments may erect a marquee sign: assembly, large or small; cultural facility; school, college/university; hotel/hostel; amusement facility, indoor or outdoor; or live entertainment.
2.	A marquee may be erected over a main entrance only, and may be no wider than the entrance over which it is erected, plus five feet on each side.
3.	A marquee sign must be supported solely by the building to which it is attached. No exterior columns or posts are permitted as supports.
4.	All marquees, including anchors, bolts, supporting rods and braces, must be constructed of noncombustible material and must be designed by a licensed design professional.
5.	Water from the marquee roof must not drain, drip, or flow onto the surface of a public right-of-way. Sufficient gutters, downspouts, and drains must be installed as part of each marquee to prevent water from flowing onto the surface of a public right-of-way.
6.	A marquee sign may be illuminated in accordance with Subsection Z below.
Standards
A	Overall area allocation (max)	Subsection M above
B	Vertical clearance from sidewalk level (min/max)	10 feet
C	Setback from curbline (min)	18 inches

W. Iconic signs.

Description
A sculptural, typically three-dimensional sign whose form suggests its meaning, and which can either be building mounted or freestanding.
General Provisions
1.	A maximum of one iconic sign is permitted per establishment.
2.	An iconic sign may contain only iconographical elements representing a product or service offered on site and may not contain any other items of information.
3.	The top of an iconic sign can be no higher than the top of the building. However, on one-story buildings, the top of an iconic sign may have a maximum of 20% of the sign height above the top of the building.
4.	Buildings four stories and higher: An iconic sign must be located below the window sills of the fourth story.
5.	An iconic sign may be illuminated in accordance with Subsection Z below.
6.	Additionally, as many as two drive-through menu board signs designed as iconic signs shall be permitted, but in no case shall the total number of menu board signs exceed two.
Standards
A	Overall area allocation (max)	Subsection M above
B	Projection from wall (max, including supports)	5 feet
C	Vertical clearance from sidewalk level1 (min)	10 feet
D	Setback from curbline (min)	18 inches

NOTES:
(1)	Drive-through menu board signs are exempt from the clear height above sidewalk requirement when not located over a pedestrian way.

X. Bracket signs.

Description
A freestanding sign, attached to the ground by one or more support structures, that is not higher than five feet and hangs from a bracket or support.
General Provisions
1.	Only one bracket sign is allowed per building.
2.	A bracket sign must be located at least 25 feet from any other bracket sign.
3.	The hanging bracket must be an integral part of the sign design.
4.	A bracket sign can only be externally illuminated in accordance with Subsection Z below.
Standards
A	Overall area allocation (max)	Subsection M above
B	Sign structure height (max)	5 feet
C	Sign area height (max)	3 feet
D	Sign area width (max)	3 feet
E	Sign structure/area depth (max)	6 inches

Y. Sidewalk signs.

Description
A moveable sign not secured or attached to the ground or surface upon which it is located.
General Provisions
1.	Sidewalk signs do not require a permit but must be taken inside the place of business at the close of business.
2.	A sidewalk sign must be located at least 25 feet from any other sidewalk sign.
3.	Sidewalk signs cannot obstruct vehicular, bicycle or pedestrian traffic and must comply with ADA clearance and accessibility.
4.	A sidewalk sign cannot be illuminated.
Standards
A	Overall area allocation (max)	Subsection M above
B	Height (max)	5 feet
C	Width (max)	4 feet

Z. Sign illumination. Illumination of signs must be in accordance with the following requirements.

(1) External illumination.

(a) Lighting directed toward a sign must be shielded so that it illuminates only the face of the sign and does not shine directly onto the public right-of-way or adjacent properties.

(b) Projecting light fixtures shall not obscure the sign.

External light sources

(2) Internal illumination. The background must be a darker color than the message of the sign.

Internally lit channel letters

Internally lit sign with darker background

(3) Exposed neon. Exposed neon may be used for lettering or as an accent.

(4) Backlit illumination.

(a) Light can be white or a color.

(b) The background surface that the light shines onto shall not be reflective.

Backlit channel letters

(5) Prohibited light sources. The following light sources are not allowed:

(a) Blinking, flashing and chasing.

(b) Bare bulb illumination except for marquee signs.

(6) Electrical raceways and transformers.

(a) If a raceway is necessary, it cannot extend in width or height beyond the area of the sign.

(b) A raceway must be finished to match the background wall or canopy, or integrated into the overall design of the sign.

(c) Visible transformers are not allowed.

(7) Electronic message boards.

(a) Electronic message boards are allowed as part of a permanent freestanding sign and can only comprise as much as 30% of the total square footage permitted in Subsection M above, excluding drive-through menu board signs.

(b) One electronic message board is allowed per street frontage and shall also be considered a pole or monument sign per the density/spacing provisions in those sections above, excluding drive-through menu board signs.

(c) An electronic message board may not change or move more often than once every 10 seconds when located in districts other than residential. When located in residential districts, electronic message board signs may not change more than once daily.

(d) The images and messages displayed must be static and shall not produce the illusion of scrolling, moving objects, expanding or contracting shapes, rotation or any similar effect of animation.

(e) The transition from one static display to another must be instantaneous without any special effects.

(f) The images and messages displayed must be complete in themselves, without continuation in content to the next image or message or to any other sign.

(g) An electronic message board must be designed and equipped to freeze the device in one position if a malfunction occurs. The display must also be equipped with a means to immediately discontinue the display if it malfunctions, and the sign owner must immediately stop the display when notified by the City that it is not complying with this section.

(h) An electronic message board must not be brighter than is necessary for clear and adequate visibility.

(i) An electronic message board must not be of such intensity or brilliance as to impair the vision of a motor vehicle driver or to otherwise interfere with the driver's operation of a motor vehicle.

(j) An electronic message board must not be of such intensity or brilliance that it interferes with the effectiveness of an official traffic-control sign, device or signal.

(k) An electronic message board must be equipped with a mechanism that automatically adjusts the brightness in response to ambient conditions.

(l) An electronic message board must not be equipped with audio speakers, excluding two-way communication devices.

(8) Illumination types allowed by district.

	Zoning Districts1
Illumination Types	R-1, R-1A, R-2	R-3	C-1	C-2	C-3, H-O	I-1	I-2, P-1, P-2, P-3	L
External illumination	•	•	•	•	•	•	•	•
Internal illumination			•	•		•	•
Backlit illumination			•	•	•	•	•
Exposed neon			•	•	•	•
Electronic message board	•	•	•	•		•	•	•

NOTES:
(1)	Electronic message boards are not permitted on parcels directly adjacent to the H-O District.

KEY:

• = Allowed

Blank Cell = Not allowed

AA. Nonconforming signs.

(1) Any sign not conforming to the regulation of the district in which it is located at the time of adoption of this chapter shall be nonconforming.

(2) Any sign or other advertising structure in existence on the date this amendment to this section is enacted or the effective date of any amendment to this section may continue and shall be maintained.

(3) An existing sign may change the face or panel of the sign that does not meet the area or height standards of this section. However, there shall be no increase in the degree of nonconformity. All new panels must conform to all illumination standards of Subsection Z above.

(4) A sign must be brought into compliance with this section if at any time the sign is altered, repaired, restored or rebuilt to the extent that the cost exceeds 50% of the estimated replacement cost of the sign (in current dollar value). All sign permits within any six consecutive calendar months will be aggregated for purposes of measuring the fifty-percent standard.

(5) If the repair is caused by involuntary damage or casualty and not deferred maintenance, the sign may be repaired to any extent.

BB. Removal of signs. Any sign, existing on or after the effective date of this amendment to this section, which is no longer associated with the establishment upon which such a sign is located or is unsafe, shall be removed within 30 days upon written notice from the Department of Public Works. Upon failure to correct, the Department of Public Works shall remove or cause to be removed said sign and shall cause to be assessed against the property all costs and expenses incurred.

CC. Maintenance. All signs shall be maintained in such a condition so as to not constitute a danger to the public health, safety or welfare. The Department of Public Works shall inspect and have the authority to order the painting, repair and alteration or removal of signs which become dilapidated or are abandoned, or which constitute physical hazard to the public safety.

DD. Construction standards. All signs shall be constructed and installed in conformance with the New York State Uniform Fire Prevention and Building Code. Separate certification may be required for illuminated signs indicating compliance with the National Electrical Code (NFPA 70). The Department of Public Works shall have the option to require a review by the City Engineer. If the City Engineer finds the mounting technique questionable, a professional review by a New York State registered engineer would be required.

EE. Appeal procedures. Any person aggrieved by a decision of the Department of Public Works relative to provisions of this section may appeal such decision by applying for a variance. The Department of Public Works shall refer the application to the Zoning Board of Appeals for approval or denial. In granting a variance, the Zoning Board of Appeals must determine that the sign is in harmony with the general purposes of this section, does not harm the neighborhood character, and is not detrimental to public health, safety or welfare. The Zoning Board of Appeals should also consider the benefit to the applicant versus the detriment to the community in the granting of any variance. The City Planning and Development Committee shall review and issue recommendations to the Zoning Board of Appeals regarding variances for signs within the Central Commercial (C-3) District.

FF. Substitution clause. The owner of any sign which is otherwise allowed by this section may substitute noncommercial copy in lieu of any other commercial or noncommercial copy. The purpose of this provision is to prevent any inadvertent favoring of commercial speech over noncommercial speech, or favoring of any particular noncommercial message over any other noncommercial message. This provision prevails over any more specific provision to the contrary.

GG. Severability clause. Should any section or provision of this section be declared by a court of competent jurisdiction to be invalid, that decision shall not affect the validity of the section as a whole or any part thereof, other than the part so declared to be invalid.

§ 190-44 Site plan review.

[Added 10-13-1998]

A. Intent. The purpose of site plan review is to promote the public health, safety, welfare and aesthetics of the community. Site planning is distinguished from subdivision review as it concerns only one parcel whereas subdivision review concerns more than one parcel. A site plan is a plot of land showing structures, landscaping, topography and other property features. The Planning and Development Committee will review these features to determine if they compare favorably with the principles of the City's Comprehensive Plan and associated Visual Preference Survey. It is not the intent of site plan review to limit or discourage any land use, but to allow all land uses that meet the standards of this section.

B. Delegation to Planning and Development Committee.

(1) The Planning and Development Committee is hereby authorized to conduct site plan reviews pursuant to Article 27-A of General City Law. Requirements for site plan review can also be waived by the Planning and Development Committee.

(2) It shall be the responsibility of the Code Enforcement Officer to transmit to the Planning and Development Committee and City Engineer any plans that meet the thresholds listed below and require conformity with this section. The Planning and Development Committee shall not accept any application that includes a parcel with a preexisting reported violation pertaining to any provisions of this chapter until it is brought into compliance.

C. Review thresholds.

(1) The Planning and Development Committee shall review the following applications for compliance with this section:

(a) Nonresidential construction: applications for any new buildings or an expansion of an existing building that increases the demand for parking or increases the lot coverage by more than 3% or 1,300 square feet, whichever is less.

[Amended 6-22-2009 by L.L. No. 3-2009]

(b) Residential construction: applications for structures of more than two families or expansion of structures for more than two families that increases the demand for parking or increases the lot coverage by more than 3% or 1,300 square feet, whichever is less.

(c) Special use permits: any applications for special use permits, reviewed for site plan compliance.

(d) Use variances: any applications for use variances that increases the demand for parking or increases the lot coverage by more than 3% or 1,300 square feet, whichever is less.

(2) C-3 District waiver. Site plan review can be waived by the Code Enforcement Officer in the C-3 District if the property has a structure that occupies 90% or more of the lot and will continue to do so after the building permit is issued. However, an architectural review and building design compatibility may be reviewed by the Committee if the changes proposed are considered significant by the Code Enforcement Officer. Some examples of significant changes are, but not limited to partial demolition and reconstruction, new facades, changes in size or number of window openings or any changes that may significantly change the original appearance of the building.

D. Review process.

(1) Sketch plan review. Sketch plan review is optional and provides an opportunity for the applicant to meet with the Planning and Development Committee prior to final submission of the site plan for direction and guidance.

(a) The sketch plan shall include basic information on principal and accessory structures, parking areas, existing and proposed vegetation, nearby streets, property lines and easements, utilities and other pertinent information.

(b) The Code Enforcement Officer shall transmit one copy of the sketch plan to the City Engineer prior to Planning and Development Committee review to obtain his comments on street improvements, drainage, sewerage, water supply and other City services that the site plan may impact and vice versa. The City Engineer shall transmit his comments to the Planning and Development Committee prior to its review.

(2) Site plan requirements. Applicants shall submit four copies of the site plan to the Code Enforcement Officer at a scale not to exceed one inch equals 50 feet. Copies shall be distributed to the members of the Planning and Development Committee, City Engineer and other appropriate City staff. The City Engineer shall determine if the plan should be prepared by a New York State licensed professional engineer, landscape architect or architect. The plan shall include the following:

(a) Principal and accessory structures.

(b) Parking areas and quantities, sidewalks, lighting, areas for trash or dumpsters, entrances and exits.

(c) Signs.

(d) Existing and proposed vegetation including a plant listing of the quantity, size and species.

(e) Tax parcel number, North arrow, street names, date of revisions.

(f) Applicant, property owner and areas for the signatures of the City Engineer and Chairman of the Planning and Development Committee.

(g) Flood zones.

(h) Elevations for new construction and expansions of structures.

(i) Survey information prepared by a New York State licensed surveyor unless waived by the Code Enforcement Officer.

(j) Other elements as per the City Engineer including, but not limited to, drainage, utilities, water supply and sewer system requirements.

(3) Site plan review. Review of the site plan shall consider, but not be limited to, the following criteria:

(a) Location, arrangement, size, design and site compatibility of buildings and signs including an architectural review of the building or expansion.

(b) Traffic circulation and fire lanes.

(c) Landscaping.

(d) Stormwater drainage, water supply, sanitary sewer and location of fire hydrants.

(e) Any other pertinent items included under Article 27-A of the General City Law.

(f) Conformity with the recommendations of the City of Batavia Comprehensive Plan and associated Visual Preference Survey^TM.

(4) New York State review requirements. All site plan reviews shall comply with the New York Environmental Quality Review Act[1] or Article 27-A of the General City Law regarding approvals and time periods for review.

[1] Editor's Note: See § 8-0101 of the Environmental Conservation Law.

E. Declaration of covenants, restrictions, conditions and easements. The Planning Board may require the applicant to file a declaration of covenants, restrictions, conditions and easements in conjunction with the site plan to be recorded in the Genesee County Clerk's office.

F. Committee actions.

(1) The Code Enforcement Officer or Building Inspector shall deny a building permit application where the Planning and Development Committee has disapproved a site plan.

(2) The Code Enforcement Officer or Building Inspector shall not issue a certificate of occupancy until all conditions specified by the Planning and Development Committee have been met.