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).[1]
[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.
(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.
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.
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:
(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.[1]
