[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.
BERM
BUFFERING
DECIDUOUS
DRIPLINE
EVERGREEN
GROUNDCOVER
LANDSCAPING
ORNAMENTAL TREE
PERIMETER LANDSCAPING
SCREEN
SHADE TREE
SHRUB
VINE
WOODLANDS, EXISTING
Definitions.
An earthen mound designed to provide visual interest, screen
undesirable views, and/or decrease noise.
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.
A plant with foliage that is shed annually.
A vertical line from the outer edge of a tree canopy to the
ground.
A plant with foliage that persists and remains green year-round.
Low-growing plants such as grasses and other materials such
as stone, mulch or paving used to cover the ground.
Any combination of living plants and nonliving landscape
material.
A deciduous tree planted primarily for its ornamental value
or for screening purposes; tends to be smaller at maturity than a
shade tree.
Landscaping that defines parking areas and prevents two adjacent
lots from becoming one large expanse of paving.
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.
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.
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.
A plant which normally requires support to reach mature form.
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.
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]
[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:
(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.
[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:
(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:
(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.
(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:
(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]
(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.
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.
[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.
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.
[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 SurveyTM. 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.)
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]
(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:
(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.
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.
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.
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:
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.
[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:
(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.
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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
|
•
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•
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•
| |||||
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NOTES:
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|---|---|
|
1
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No more than two drive-through menu board signs are permitted
per establishment.
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KEY:
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• = Sign type allowed
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□ = Sign type allowed on state highways
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Blank Cell = Sign type not allowed
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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.
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Zoning Districts
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|---|---|---|---|---|---|---|---|---|---|---|---|
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Sign Types
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R-1, R-1A, R-2
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R-3
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C-1
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C-2
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C-3, H-O
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I-1
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I-2, I-3
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P-1
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P-2
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P-3
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L
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Wall
|
2 sf
|
2 sf
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10%
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15%
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15%
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15%
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15%
|
15%
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15%
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10%
| |
|
Awning
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15%
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25%
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20%
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20%
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20%
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20%
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20%
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20%
| |||
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Canopy
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15%
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25%
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20%
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20%
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20%
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20%
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20%
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20%
| |||
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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
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25%
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25%
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25%
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25%
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25%
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25%
|
25%
|
25%
| |||
|
Pole
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40 sf
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15 sf
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Monument
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15 sf
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15 sf
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15 sf
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40 sf
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15 sf
|
15 sf
|
15 sf
|
15 sf
|
15 sf
|
6 sf
|
6 sf
|
|
Marquee
|
100 sf
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175 sf
| |||||||||
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Iconic
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15 sf
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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
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20 sf
|
20 sf
|
20 sf
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Temporary
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9 sf
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9 sf
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32 sf
|
32 sf
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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.
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|
2.
|
No portion of a wall sign may extend above the lower eaveline
of a building with a pitched roof.
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|
3.
|
A wall sign cannot cover windows or architectural details.
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4.
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A wall sign may be illuminated in accordance with Subsection Z below.
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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)
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15 inches
|
|
C
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Electrical raceway (max % of letter height)
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50%
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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.
| ||
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General Provisions
| ||
|
1.
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An awning sign cannot extend outside the awning.
| |
|
2.
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Only awnings over ground-story doors or windows may contain
signs.
| |
|
3.
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A maximum of one sign is allowed per awning face, per establishment.
| |
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4.
|
Signs are only allowed in the vertical areas of the awning.
| |
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5.
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An awning sign may only be externally illuminated in accordance with Subsection Z below.
| |
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Standards
| ||
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A
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Overall area allocation (max)
|
Subsection M above
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|
B
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Width (max % of awning width/depth)
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75%
|
|
C
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Height of text and graphics on valance (max)
|
2 feet
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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.
| |
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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
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Overall area allocation (max)
|
Subsection M above
|
|
B
|
Width (max % of canopy width)
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75%
|
|
C
|
Height of text and graphics (max)
|
2 feet
|
|
D
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Depth (max)
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1 foot
|
|
E
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Electrical raceway (max % of letter height)
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50%
|
|
F
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Clear height above sidewalk (min)
|
10 feet
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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.
| |
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4.
|
Buildings four stories and higher. A projecting sign must be
located below the window sills of the fourth story.
| |
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5.
|
A projecting sign may be illuminated in accordance with Subsection Z below.
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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
| ||
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A
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Overall area allocation (max)
|
Subsection M above
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B
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Height1 (max)
| |
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Mounted below 2nd floor
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4 feet
| |
|
Mounted on 2nd or 3rd floor
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8 feet
| |
|
C
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Spacing from building facade (min/max)
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1 foot/2 feet
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D
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Projection width (max)
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6 feet
|
|
E
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Depth (max)
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1 foot
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F
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Clear height above sidewalk2 (min)
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10 feet
|
|
NOTES:
| |
|---|---|
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(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
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Height (max)
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3 feet
|
|
C
|
Spacing from building facade (min/max)
|
6 inches/12 inches
|
|
D
|
Projection width (max)
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3.5 feet
|
|
E
|
Depth (max)
|
6 inches
|
|
F
|
Clear height above sidewalk (min)
|
10 feet
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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
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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.
| ||
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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.
(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.
(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.
[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 SurveyTM.
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.
