This district is intended to provide areas for
agricultural and agriculturally oriented uses.
A.
Permitted principal uses.
(1)
Single-family dwellings (excluding mobile homes).
(2)
General farming and related farming activities, including
animal kennels or the raising of fur-bearing animals, provided that
no storage of manure or odor- or dust-producing substances shall be
permitted within 100 feet of an adjoining lot line.
(3)
Public buildings, deemed necessary by the Town Board,
schools and educational buildings, accredited by the State Education
Department.
(4)
Greenhouses and landscape nurseries.
B.
Permitted accessory uses.
(1)
A private detached garage, intended for the storage
of privately owned motor vehicles, not exceeding 650 square feet in
floor area nor 14 feet in height.
[Amended 4-19-2005 by L.L. No. 1-2005]
(2)
Customary residential storage structures not exceeding
two structures per residence, each of which shall not exceed 150 square
feet in floor area or 10 feet in height.
[Amended 4-19-2005 by L.L. No. 1-2005]
(3)
Animal shelters for domestic pets of the household.
(4)
Other customary residential structures such as private
swimming pools, fireplaces, trellises, lampposts and the like.
(5)
Customary farm buildings for the storage of products
or equipment located on the same parcel as the principal use.
(6)
Tenant farm dwellings shall also be permitted as an
accessory use, provided that each permanent structure shall have an
area of one acre and not be closer than one hundred feet to another
structure.
(7)
Off-street parking, fencing and signs in accordance
with the provisions of this code.
C.
Uses permitted with a special permit.
This district provides areas within the Town
of Niagara for single-family dwellings.
B.
Permitted accessory uses.
(1)
A private detached garage, intended for the storage
of privately owned motor vehicles, not exceeding 650 square feet in
floor area nor 14 feet in height.
[Amended 4-19-2005 by L.L. No. 1-2005]
(2)
Customary residential storage structures, each of
which shall not exceed 200 square feet in floor area or 14 feet in
height. Applicable setbacks are found elsewhere in the Town Code,
as is maximum percentage of lot coverage (25%) to dictate the number
of structures allowed.
[Amended 4-19-2005 by L.L. No. 1-2005; 11-14-2017 by L.L. No. 4-2017]
(3)
Animal shelters for domestic pets of the household.
(Not more than two pets shall be sheltered per dwelling unit.)
(4)
Other customary residential structures such as private
swimming pools, fireplaces, trellises, lampposts and the like.
(5)
Accessory uses, including the raising of crops, vegetables
and flowers, but no raising of livestock or other agriculture.
(6)
Off-street parking, fencing and signs in accordance
with the provisions of this code.
C.
Uses permitted with a special permit.
(1)
Public utility uses, excluding offices, including
telecommunications facilities (excluding maintenance and storage yards).
(2)
Nursing, convalescent, retirement, assisted-living,
family custodial and special placement residences.
(4)
Home professional occupations.
(5)
Churches, schools, parks and public buildings.
D.
Special provisions.
(1)
An accessory garage may be located in a front yard
which is in excess of a required front yard where the side and rear
yards have insufficient area.
(3)
The required front yard need not exceed the average
of those front yards on either side of the lot to be developed.
(4)
No residential front yard shall be used for the open
storage of boats, motor vehicles, travel trailers or other equipment,
except for vehicle parking on driveways.
This district provides areas within the Town
of Niagara for two-family residential development.
This district provides areas within the Town
of Niagara for multifamily development of attached dwelling units.
C.
D.
Special provisions (garden apartment projects).
(1)
Apartment structures shall not exceed a density of
15 dwelling units per net acre of lot area.
(2)
Driveways for ingress and egress shall connect with
other than minor streets, shall not be located within 200 feet of
an existing street intersection and shall have a pavement width of
at least 20 feet, except where they are within a parking area, in
which case they shall be not less than 25 feet.
(3)
The minimum yard requirements of Appendix A[1] apply only to the entire tract, and no buildings shall
be located within such yard areas. The minimum distance between buildings
in an apartment development shall be 25 feet, except that no wall
containing an apartment shall be closer to another apartment building
than 50 feet. No apartment building shall be closer to a preexisting
single-family or two-family lot than a minimum 50 feet.
[1]
Editor's Note: Appendix A is included at the end of this chapter.
(4)
Parking areas may be located in any yard other than
the required front yard, but not closer than 20 feet to any property
line and shall comply with all other requirements in this code.
(5)
Every apartment building shall have a minimum setback
of 20 feet from all interior roads, driveways and parking areas.
(6)
Every apartment development shall be provided with
garbage and refuse storage and collection areas completely screened
from view, and away from the fronts of apartment buildings.
(7)
In addition to any storage area within individual
apartment dwelling units, a minimum of 100 square feet (or less if
required by federal regulations) of storage shall be provided for
each dwelling unit in a convenient, centrally located area in the
basement or ground floor or elsewhere, where personal belongings and
effects may be stored under lock and separated from the belongings
and effects of other occupants.
(8)
A wall of an apartment structure or parallel walls
of adjacent apartment structures shall not continue in the same plane
for a length of more than 75 feet without an offset of at least four
feet.
(9)
Each garden apartment development shall provide a
surfaced playground area or areas at a standard of 500 square feet
for each 10 dwelling units. Outdoor play equipment shall be installed
in each playground in sufficient amount and variety to service the
occupants of the development. No area shall be less than 1,000 square
feet.
(10)
The entire area of a garden apartment development
not improved for driveways, parking areas or covered by buildings
or walkways shall be attractively landscaped and seeded and properly
maintained at all times.
(11)
An evergreen buffer shall be planted and maintained
to provide a visual screen where any parking lot, garage or maintenance
area abuts any district, on the rear or side. Said buffer strips shall
be as follows:
E.
Special provisions for high-rise apartment buildings.
(1)
High-rise apartment structures shall not exceed a
density as established in Appendix A for multiple-family dwellings.[2]
[2]
Editor's Note: Appendix A is included at the end of this chapter.
(2)
For each additional story above three, the side and
rear yards shall be increased 10 feet from those indicated in Appendix
A.[3]
[3]
Editor's Note: Appendix A is included at the end of this chapter.
(3)
When any part of the front yard of a high-rise apartment
building is directly opposite the front yard of a single-family or
two-family dwelling, garden apartment or townhouse apartment or lot
zoned for such use, the required front yard of the high-rise apartment
building shall be increased 10 feet for each additional story above
three.
(4)
No high-rise apartment building shall exceed 12 stories
in height, excluding basement, together with a penthouse, housing
machinery, which may be erected to an additional height of 12 feet
and shall not occupy more than 25% of the roof area.
A.
Purpose. The purpose of the Cluster Residential Development
Overlay District is to facilitate development of one-family detached
dwellings in a manner that maximizes the use and preservation of open
space without increasing the overall dwelling density.
B.
Procedure. Cluster Residential Development Overlay
Districts are permitted in the A, R-1 and R-2 Districts. A Cluster
Residential Development Overlay District may be created by the Town
Board, following the procedure provided in this code, if the following
additional standards are met:
(1)
The minimum tract size shall be 20 contiguous acres
suitable in location and condition for this type of development as
determined by the Town Planning Board.
(2)
The lot size, yard, area and height requirements shall
conform to the zoning schedule of this code.[1]
[1]
Editor's Note: The Zoning Schedule is included at the end of this chapter.
(3)
The number of lots (density of development) in a cluster
development shall not exceed that which could be created under a conventional
development plan for the same tract of land.
(4)
The applicant shall provide a tract of land of no
less than 20% of the gross acreage of the tract to be devoted exclusively
to permanent recreation areas and open space.
(5)
All recreation areas shall be suitable for such use
in the opinion of the Town Planning Board. The ownership and future
maintenance of such recreation areas shall be subject to the approval
of the Town Board, or such areas shall be offered for dedication to
the Town of Niagara. Nothing in this section reduces or waives the
requirements of dedication of land for recreational purposes or payment
in lieu thereof as may be required by other provisions of this Zoning
Code or state law.
(6)
If a building permit application for the development
in accordance with the approved rezoning and site plans and specifications
has not been filed within one year after the date of the resolution
authorizing rezoning or site plan approval, whichever is later, all
approvals shall become null and void and the approvals shall be revoked
and vacated. The property shall revert to the zoning classification
existing prior to the rezoning.
(7)
To the extent that the New York Town Law § 278
establishes a different methodology for approval of cluster developments,
this code supersedes such requirements. However, nothing in this code
reduces the powers granted to the Town by Town Law § 278.
In the case of conflict of standards between state and local law,
the stricter standards shall apply.
This district provides areas within the Town
of Niagara for commercial use, which serves community-wide needs for
goods and services.
A.
Permitted principal uses.
(1)
Retail business establishments such as, but not limited
to, the following:
(a)
Stores selling groceries, meats, baked goods
and other such food items, including supermarkets and liquor stores.
(b)
Drugstores.
(c)
Automotive supply.
(d)
Variety and general merchandise stores.
(e)
Hardware, appliance, radio and television sales
and services.
(f)
Restaurants and cafes, including drive-ins.
(g)
Wholesale trades and businesses.
(h)
Bowling alleys, skating rinks, private clubs
and other places of recreation and amusement.
(i)
Theaters, including drive-in theaters.
(j)
Garden centers, commercial greenhouses and nursery
sales.
(k)
Day-care centers.
(l)
Mailing, mailbox and conference facilities.
[Added 4-16-2013; amended 12-12-2023 by L.L. No.
4-2023]
(2)
Personal service establishments such as, but not limited
to, the following:
(a)
Barber and beauty shops.
(b)
Shoe repair and fix-it shops.
(c)
Dry-cleaning stores and laundromats.
(d)
Business and professional offices, including
medical clinics and financial institutions.
(e)
Funeral homes.
(f)
Bus passenger stations, telegraph offices and
express offices.
(g)
Other business uses which are similar in nature
and scale to those permitted above.
C.
Uses permitted with a special permit.
(1)
Public utility uses, including telecommunications
facilities (exclusive of maintenance buildings and yard and equipment
storage yards).
(2)
Motels and hotels.
(3)
Motor vehicle service stations and public garages.
(4)
Motor vehicle sales lots.
(5)
Car washes.
(6)
Transient
or short-term rentals.
[Added 1-17-2023 by L.L. No. 1-2023]
This district encourages the concentrated use
of limited commercial areas for the convenient shopping of persons
living in neighboring residential areas and for general uses and activities
of a retail and personal service character. It is further the intent
and purpose of this district to discourage the direct use of highway
frontage for continuous strip development and its' inherent traffic
hazards by the provision of this district.
D.
Special provisions.
(1)
No more than two service stations may be located at
any one intersection within the B-2 District.
(2)
No more than two service stations shall be located
at each Planned Business District location.
(3)
The proposed development for a Planned Business District
shall be constructed in accordance with an overall plan for the entire
area, with specific detail and engineering drawings for that portion
to be constructed in the first phase.
(4)
The area shall be designed as a single architectural
and landscape theme, with continuity of areas and uses, regardless
of phase of construction. The first phase of site development shall
include either a minimum of 5,000 square feet of ground floor area
or a minimum of five principal permitted uses.
(5)
Wherever the property line of a use in this district
abuts the side or rear yard of a residential zone, an area of not
less than 20 feet in width along each boundary shall be set aside
as a buffer area and not used for any other purpose. Said buffer area
shall be planted with a screen of evergreen trees and shrubs, not
less than five feet in height, or by other methods approved by the
Planning Board.
(6)
In addition to such buffer planting, the owner of
the commercial property shall erect on the buffer area a fence of
at least six feet and not exceeding eight feet in height for the purpose
of protecting the residential property from litter, debris and light
glare. Such fence shall contain no more than 15% open space.
(7)
Access to any street or highway shall have not more
than one access point per each continuous 250 feet of frontage to
any street or highway. In no case, however, shall an accessway to
a public street or highway be closer than 50 feet to any street intersection
as measured from the nearest intersection right-of-way lines nor closer
than 25 feet to any side lot line. Accessways shall be not less than
20 feet nor more than 36 feet in width as measured at the property
line.
This district provides areas within the Town
of Niagara for light industrial uses.
A.
Permitted principal uses.
(1)
Manufacture, sales and service of small machinery
such as optical goods, carburetor and small machine parts, cash registers,
sewing machines and typewriters, calculators and other office machines;
small motors and generators.
(2)
Fabrication of metal products, bicycles; metal foil,
tin, aluminum, gold, etc.; metal furniture; musical instruments and
sheet-metal products.
(3)
Fabrication of paper products such as bags, book bindings,
boxes and packaging material and office supplies.
(4)
Fabrication of wood products such as boats; boxes;
cabinets and woodworking; furniture and toys, etc.
(5)
Food and associated industries, including bakeries;
bottling of food, condiments, drugs and beverages.
(6)
The warehousing or storage of utilities equipment;
goods and products such as building materials, farm supplies and the
like, which may be sold from the premises to the general public.
(7)
Office buildings for executive, engineering and administrative
purposes; union headquarters and similar offices.
(8)
Scientific or research laboratories devoted to research,
design and/or experimentation and processing and fabricating incidental
thereto.
(9)
The manufacturing and processing of pharmaceutical
and cosmetic products.
(10)
Motor vehicle service stations and public garages.
(11)
Buildings used exclusively by the federal, state,
county or local municipal government for public purposes, including
workshops, warehouses, maintenance garages or storage yards.
(12)
Radio or television broadcasting stations, including
studios, auditoriums and other rooms for performances and including
office and other space incidental to and necessary for the principal
use, including radio or television transmission or receiving towers
and facilities, provided that no portion of the tower is within 11/2
times the height of the structure of any property line and a tower
permit is obtained.
(13)
Hospitals for small animals (dogs, cats and
the like), including kennels, provided that yards are enclosed.
(14)
Local and long-distance trucking terminals and
distribution facilities.
(15)
Manufacture and service of electronic equipment
and supplies including scientific and machine control equipment and
instruments, photographic equipment, watches and clocks.
(16)
Sales and service of farm machinery, mobile
homes.
(17)
Miscellaneous wholesaling of such items as,
but not limited to, tobacco, candy, amusement and sporting goods,
books and magazines and food products.
(18)
Air conditioning, refrigeration and heating
sales, service and fabrication.
(19)
Self-storage facilities.
[Added 12-12-2023 by L.L. No. 4-2023]
B.
Permitted accessory uses.
(1)
Off-street parking, fencing and signs in accordance
with the provisions of this code.
(2)
The warehousing and storage of goods and products,
provided that no goods are sold from the accessory premises.
(3)
Garage space necessary to store vehicles used in the
conduct of business on the premises.
(4)
Structures customarily associated with industrial
office uses.
(5)
Accommodations for a caretaker or watchman and his
or her immediate family.
(6)
Cafeteria, first-aid and/or medical facilities located
within a building and operated by or for the employer for the exclusive
use of employees or guests.
(7)
Recreational areas and parks.
(8)
Gate houses, bus stop shelters or security offices
not more than one story in height, which are permitted within a required
front yard but situated not closer than 25 feet to any property line.
This district provides areas within the Town
of Niagara for a planned light industrial use. Overall decision on
the development will ensure compatibility between industrial operations
and the existing character and quality of the community.
A.
C.
Special provisions.
(1)
In order to protect the common tenants of an industrial
park, there shall be no uses permitted within this district which
conflict with covenants and/or conditions of sales contained in deeds
or contracts of sale by and between the initial or subsequent developer
and the tenants and/or landowners of the industrial park and which
conflict with the original approval of the Town Board or this code.
(2)
All of the regulations applicable to Light Industrial Districts and outlined in Article VI shall apply to this district.
(3)
All roadways within the industrial park or District
shall be hard-paved surfaces and comply with the Town of Niagara Developer's
Specifications, as amended. [1] All walks, driveways and parking lots shall be paved with
a hard asphalt or concrete surface and kept in a smooth, uniform condition.
(4)
The Town Board and Planning Board shall set the side
yard requirements, which shall be no less restrictive than the requirements
contained in this code for Light Industrial Districts.
(5)
The minimum lot size for each lot contained within
an industrial park shall be 1.0 acre.
(6)
The total park shall consist of no less than three
acres.
This district provides areas within the Town
of Niagara for a more extensive industrial use.
A.
Permitted principal uses.
(2)
The following classifications from the Standard Industrial
Classification Manual shall also be permitted:
(a)
Building construction - general contractors.
(b)
Construction other than building construction
general contractors.
(c)
Construction - special trade contractors.
(d)
Tobacco manufacturers.
(e)
Textile mill products.
(f)
Apparel and other finished products made from
fabrics and similar materials.
(g)
Lumber and wood products.
(h)
Printing, publishing and allied industries.
(i)
Fabricated metal products, except code machinery,
and transportation equipment.
(j)
Machinery.
(k)
Transportation equipment.
(l)
Electric, gas and sanitary services and all
public utility installations.
(m)
Dairy products.
(n)
Bakery products.
(o)
Confectionery and related products.
(p)
Beverage industries.
(q)
Converted paper and paperboard products, except
containers and boxes.
(r)
Paperboard containers and boxes.
(s)
Drugs.
(t)
Boot and shoe cut stock and findings.
(u)
Footwear, except rubber.
(v)
Leather gloves and mittens.
(w)
Luggage.
(x)
Handbags and other personal leather goods.
(y)
Leather goods, not elsewhere classified.
(z)
Cutlery, hand tools and general hardware.
(aa)
Coating, engraving and allied services.
(bb)
Household appliances.
(cc)
Electric lighting and wiring equipment.
(dd)
Freight forwarding.
(ee)
Electrical industrial apparatus, not elsewhere
classified.
[Amended 9-17-2019 by L.L. No. 3-2019]
No solid waste management facility, including junkyards, shall be constructed or expanded within the territorial boundaries of the Town of Niagara, with the exception that the Town Board may grant such a use with a special permit to a solid waste management facility in a Heavy Industrial (HI) Zone. Those solid waste management facilities now existing and operating under permits issued by the Town Board of the Town of Niagara shall be operated in accordance with Town Code Chapter 208.
Permitted uses shall be those deemed appropriate
by the Town Board, to include but not be limited to parks, playfields,
playgrounds, recreation, administrative or utility buildings and installations;
libraries, historical buildings or other cultural or community centers;
or other similar public uses.
