Town of Boston, NY
Erie County
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Table of Contents
Table of Contents

§ 123-71
Permitted uses and structures. 

§ 123-72
Minimum lot size. 

§ 123-73
Maximum height of buildings. 

§ 123-74
Required yards. 

§ 123-75
Off-street parking reference. 

§ 123-76
Sign regulations reference. 

§ 123-77
Supplemental regulations reference. 

Uses and structures permitted in the C-1 District are as follows:

A. 

Principal uses and structures:

(1) 

Permitted uses and structures permitted in an R-C District, except that no residential single-family, two-family or three-or-more-family dwellings, cluster housing, private horse stable or accessory apartments shall be permitted.

[Amended 7-16-1997 by L.L. No. 5-1997]

(2) 

The following uses, when conducted entirely within an enclosed building.

(a) 

Retail sales, but not including any use first permitted in the C-2, M-1 or M-2 District.

(b) 

Personal service establishments, including but not limited to barbershops, beauty parlors and shoe or hat cleaning or repair and martial arts or related physical fitness facilities.

(c) 

Hand laundries, laundromats and dry cleaning or laundry pickup stations.

(d) 

Dry-cleaning and pressing establishments limited to 2,000 square feet of floor area per establishment, provided that only solvents with a flash point of not less than 138.2° F. shall be used and the total aggregate dry load of machines shall not exceed 60 pounds.

(e) 

Theaters.

(f) 

Eating or drinking establishments, provided that any entertainment shall be limited to television, radio or music, and further provided that no sale of alcoholic beverages for consumption on the premises shall be permitted on any lot where the principal building is less than 100 feet from a side or rear lot line that abuts any R District boundary.

(3) 

Hotels or motels, subject to the above restrictions on eating and drinking establishments.

(4) 

Drive-in banks, provided that at least five reservoir spaces are provided on the lot for each drive-in teller's window. Such reservoir space shall be exclusive of required parking spaces.

B. 

Uses subject to special permit:

(1) 

Filling stations and/or gasoline stations, subject to Article XXIII, and provided that all servicing of vehicles and storage of parts and materials at gasoline stations except fueling and minor emergency repairs, will be conducted in an enclosed building.

(2) 

Radio or television transmission facilities and/or receive-only antennas and mountings having a combined weight exceeding or equal to 50 pounds, subject to the conditions and limitations of § 123-48B(1).

Editor's Note: Former Subsection B(2), which provided for certain two-family dwellings to be uses subject to special permit, was repealed 7-16-1997 by L.L. No. 5-1997. Said local law also redesignated former Subsections B(3) and (4) as Subsections B(2) and (3), respectively.
[Added 4-17-1991 by L.L. No. 1-1991]

(3) 

Buildings constructed for the storage of tools and materials for use in a business not situated on the same lot, subject to the following conditions and limitations:

[Added 10-7-1992 by L.L. No. 2-1992]

(a) 

The total area of any building or buildings, including all accessory buildings, shall not exceed the lesser of 3,000 square feet or 15% of the lot area.

(b) 

No more than one principal building shall be permitted on any lot pursuant to this section.

(c) 

The construction of accessory buildings shall be subject to special permit procedure of this section.

(d) 

No vehicles shall be parked on the premises except inside a permitted principal or accessory building.

(e) 

All buildings or structures permitted by this section shall be used in the operation of a single business except where two businesses have identical owners; then and in that event, no more than two businesses shall use the buildings or structures permitted by this section.

(f) 

Property principally improved by buildings or structures, permitted by this section, shall not be considered as making goods or services available for sale, hire or use on the premises for the purposes of § 95-5F of the Boston Town Code.

(4) 

Retail sales as permitted by § 123-128 of this Code.

[Added 5-10-1998 by L.L. No. 2-1998]

(5) 

Topsoil.

[Added 4-5-2000 by L.L. No. 1-2000]

(a) 

Screening of topsoil, provided that:

[1] 

All machinery, or other devices, shall remain mobile and shall not be permanently affixed to the property.

[2] 

Screening activity shall be limited to the hours of 9:00 a.m. to 7:00 p.m., weekdays only.

[3] 

No screening activity shall exceed three hours in any one day.

[4] 

No more than 200 cubic yards shall be processed on the site in any one calendar month.

[5] 

Importation of any soil or fill into the Town of Boston for the purpose of processing same (without regard to the location of its intended use) shall be subject to the provisions of the Boston Town Code.

[6] 

No more than 60 cubic yards of processed soil and 60 cubic yards of unprocessed soil shall be stored on the premises.

[7] 

All screening operations shall be conducted in such a fashion as to minimize noise, dust, odor, or any other condition interfering with the use and enjoyment of adjacent property.

[8] 

All soil stored on the property shall be so arranged or enclosed as to prevent erosion thereof and to further prevent same from otherwise unreasonably interfering with the use of adjacent property.

[9] 

Any application for a permit shall be subject to site plan approval.

[10] 

No application for a special permit pursuant to this section shall be approved unless the applicant shall demonstrate that 10,000 square feet can be dedicated to the said use without violating all area and bulk requirements for the remaining uses on the property.

[11] 

Any permit granted by the Town Board shall expire on December 31 in the calendar year in which said permit was granted, and may be renewed, from time to time, without a public hearing, upon application therefor, accompanied by a statement from the Code Enforcement Officer that the applicant substantially complied with the conditions of the current permit as set forth herein or as added by the Town Board.

[12] 

No permit shall be granted or renewed unless the premises for which the permit is sought shall be contiguous to at least one property in a C or M Zone.

[13] 

The original application for a special permit shall be accompanied by the fee set forth herein. Renewal applications shall be accompanied by a fee of $25.

(b) 

The Town Board shall have the power to impose additional and/or more stringent conditions than those contained herein, based upon the topography and/or configuration of the premises, reports or recommendations of the Code Enforcement Officer, the Planning Board or the Town Engineer, personal observations, and comments received in the course of processing the application for a permit or any renewal thereof.

(6) 

Live performances of musical entertainment, stage shows, reviews or other live performances using sound amplification devices, at eating or drinking establishments authorized as a permitted use in this section, subject to the following conditions:

[Added 9-18-2002 by L.L. No. 4-2002]

(a) 

Term. No such permit shall be issued for a period to exceed two years. Unless otherwise provided, the first such permit issued to any applicant shall expire on the 30th day of June of the first full calendar year following the issuance of the permit; additional permits shall expire on the 30th day of June of the second calendar year following the date of issuance.

(b) 

Renewal. Applications for renewal may, within the discretion of the Town Board, be subject to a public hearing.

(c) 

Revocability. The Town Board of the Town of Boston may revoke any such permit, after a public hearing held thereon. The grounds for such revocation shall be limited to the provisions of this subsection or the failure of the permit holder to comply with such additional conditions imposed at the time of issuance of the permit.

(d) 

Criteria for determination. In determining whether or not any such application shall be granted or existing permit revoked, the Town Board shall consider the following criteria:

[1] 

Proximity of adjacent residential structures.

[2] 

Compliance with other provisions of the Town Code, including but not limited to those provisions relating to the generation of noise, vehicular and pedestrian traffic, odors, vapors or other noxious fumes.

[3] 

Availability of parking.

[4] 

Any other factors that the Town Board determines are relevant to a decision on the application.

[5] 

Modification of the premises or alteration of the site on which is the subject of the permit.

(e) 

Hours of operation. Any such permit may limit, within the discretion of the Town Board, the hours of such performances.

(f) 

Continuation of existing performances. The Town Board of the Town of Boston hereby finds that certain business establishments may have entered into contracts for live performances in the future. As a result of such finding, no permit shall be required for any business establishment that currently provides for live entertainment until July 1, 2003, based on any contract entered into on or before the effective date of this provision. No exemption from the requirement of obtaining a permit shall be obtained unless copies of qualifying contracts are filed in the office of the Town Clerk on or before the first day of October 2002.

(g) 

Conditions. The Town Board of the Town of Boston may impose appropriate conditions on the issuance of any permit pursuant to this section, based upon the proximity of residential development or any other relevant factors, including but not limited to:

[1] 

Limitations on performances or the placing of any speakers broadcasting any performance outside of any structure.

[2] 

Requirement that all windows and doors remain closed except for normal ingress and egress.

[3] 

Limitation of the volume of any amplified sound generated during a live performance, measured at any or all speakers broadcasting such sound.

[4] 

Limitation on the volume of all nonamplified sound at the point of origin.

[5] 

Appropriate control of patrons at all times, including, but not limited to, activities outside of the establishment where live entertainment is occurring.

(h) 

Inspection. As a condition of the issuance of this permit, the permit holder shall permit any duly appointed enforcement officer of the Town of Boston or any police office to enter onto the premises for the purpose of verifying compliance with the conditions of this permit.

(i) 

Exceptions. The provisions of this subsection shall not be applicable to any live performance on property owned by the Town of Boston or the Hamburg Central School District.

(j) 

Fees. The fee for such special permit and the renewal thereof shall be set forth in the Schedule of Fees, as adopted by the Town Board of the Town of Boston.

Editor's Note: See Ch. 55, Fees.

C. 

Accessory uses and structures:

(1) 

Accessory uses permitted in the R-C District, except accessory uses.

(2) 

Unless otherwise provided, accessory uses and structures customarily incidental to permitted principal uses.

(3) 

Shops for the manufacture or processing of articles incidental to the conduct of a retail business lawfully conducted on the premises, provided that:

(a) 

All such articles manufactured or processed are sold at retail on the premises.

(b) 

Not more than four persons are engaged in such manufacturing or processing at any one time and in any one establishment.

(c) 

Such activity shall not produce offensive odors, noise, vibration, heat, glare or dust.

Unless otherwise provided, the minimum lot size for dwellings in the C-1 District shall be as specified in this section.

A. 

Lot area:

(1) 

Minimum of 15,000 square feet.

(2) 

Two-family dwellings: 20,000 square feet.

(3) 

Three-or-more family dwellings: minimum lot: 20,000 square feet per structure, plus 3,000 square feet per dwelling unit.

B. 

Lot width at the building line:

(1) 

Where a lot is served by a public sanitary sewer: 75 feet for one dwelling unit or other principal building or use; 100 feet for a two-family dwelling and an additional 25 feet for each dwelling unit over two, but need not exceed 200 feet.

(2) 

Where a lot is not served by a public sanitary sewer: and 25 feet to the minimum lot width.

C. 

The lot width at the front lot line shall be equal to minimum required lot width at the building line.

NOTE: All area and bulk requirements pertaining to one- and two-family dwellings in this section are for historical purposes only.
[Added 7-16-1997 by L.L. No. 5-1997]

Unless otherwise provided, the maximum height of buildings in the C-1 District shall be as specified in this section.

A. 

Single-family, two-family or three-or-more family dwellings: 2 1/2 stories, not to exceed 30 feet.

B. 

Other principal buildings: as regulated by yard requirements, not to exceed 35 feet.

C. 

Accessory buildings: one story, not to exceed 18 feet, measured from the top of the floor to the top of the ridge.

NOTE: All area and bulk requirements pertaining to one- and two-family dwellings in this section are for historical purposes only.
[Added 7-16-1997 by L.L. No. 5-1997]

Unless otherwise provided, the minimum required yards and other open spaces in the C-1 District shall be as specified in this section.

A. 

Front yard: 50 feet.

B. 

Side yards:

(1) 

Dwellings: two required.

(a) 

Single-family or two-family dwellings: The minimum width of any side yard shall be 10 feet.

(b) 

Three-or-more family dwellings: minimum of 30 feet from any property line.

(2) 

Other principal buildings: none required, except that:

(a) 

Where a side yard is provided, it shall be no less than five feet.

(b) 

Where a side yard abuts any R District boundary, it shall be not less than 20 feet or the height of the principal building, whichever is greater.

(c) 

Where a side yard is used for either vehicular ingress or egress, it shall not be less than 25 feet.

C. 

Rear yard: No rear yard shall have a depth less than 30 feet or a distance equal to the height of the principal building, whichever is greater.

D. 

Maximum lot coverage: 40%.

NOTE: All area and bulk requirements pertaining to one- and two-family dwellings in this section are for historical purposes only.
[Added 7-16-1997 by L.L. No. 5-1997]

For applicable off-street parking regulations, see Article XVIII.

For applicable sign regulations, see the Town of Boston chapter regulating signs.

Editor's Note: See Ch. 95, Signs.

For applicable supplemental regulations pertaining to use, height, area or open space, see Articles XXIII through XXV.