The purpose of this district is to require the usage of traditional neighborhood design criteria within the boundaries of the district in order to implement the principals of the Town's adopted Comprehensive Plan. This district is intended to achieve the following:
A. 
Provide incentives to encourage the adaptive reuse of existing structures.
B. 
Allow and encourage a mixture of uses and mixed-use structures.
C. 
Accomplish and continue a sense of community.
D. 
Provide a walkable, pedestrian-friendly environment.
E. 
Respect and preserve unique natural features within the district.
F. 
Provide design regulations that encourage compatible building arrangements, bulk, form, character and landscaping to establish a livable, harmonious and diverse environment.
G. 
Discourage the demolition of existing structures that possess significant historic or other essential elements that contribute to the character of the district.
H. 
Create a small-town, historic-style business district that limits large scale out-of-character commercial developments.
The following uses are allowed as vested rights in facilities measuring no more than 10,000 square feet in gross area:
A. 
Personal service shops.
B. 
Small retail shops.
C. 
Banks.
D. 
Mixed-use buildings.
E. 
Community facilities.
F. 
Second-floor multifamily dwelling units.
G. 
Professional offices.
H. 
Diners or small restaurants.
I. 
Churches.
J. 
Single-family residences.
K. 
Two-family residences.
The following uses are only allowed if they meet the Town's special exception use permit requirements and any overlay zoning requirements:
A. 
Any permitted use in a new structure measuring between 10,000 and 30,000 square feet in gross area.
B. 
Expansions of existing structures requiring site plan approval that will result in a cumulative structure measuring between 10,000 and 30,000 square feet in gross area.
C. 
Drive-through establishments.
D. 
Multifamily dwelling units (maximum eight units/acre).
No lot shall be less than 15,000 square feet if used as a dwelling or dwellings, nor less than 5,000 square feet area per unit if used for multiple-family residential. Commercial lots must be a minimum of 8,400 square feet area. For all nonsewered lots in this district, the Erie County Health Department shall set the minimum requirements for on-site septic system installation and maintenance.
No lot shall be less than 70 feet in width and 120 feet in depth. Corner lots shall be no less than 120 feet on each street. Nonsewered lots must meet a minimum lot width of 150 feet and 220 feet in depth.
A. 
No building or buildings, exclusive of accessory buildings, porches, entries, garages and terraces, shall contain less than 800 square feet gross floor area. No building or buildings, exclusive of accessory buildings, porches, entries, garages and terraces, shall contain more than 10,000 square feet gross floor area, if used as a permitted use, nor more than 30,000 square feet gross floor area, if used as a special exception use.
B. 
Buildings used in whole or in part for residential purposes, exclusive of accessory buildings and exclusive of porches, entries, garages and terraces, shall contain no less than 900 square feet of usable living space if a one-story building used as a one-family dwelling, nor less than 600 square feet of usable first floor living space if more than one story, provided that no such building shall contain a total of less than 1,000 square feet of usable living space if used as a one-family dwelling; and provided, further, that no such building shall contain a total of less than 600 square feet of usable living space for each one-bedroom family unit or apartment, 720 square feet of usable living space for each two-bedroom family unit or apartment and 1,000 square feet of usable living space for each three-bedroom family unit or apartment.
A. 
Setbacks shall be as follows:
Yard
Distance
(in feet)
Front
10
Side
10
Rear
25
B. 
All new buildings shall adhere to these setback lines for required yard areas. The established build-to line is 10 feet. Where there is a preexisting building setback line established, principal structures may vary up to 35 feet from the established build-to line as measured from structures within 300 feet of the proposed building. In no case may the front yard setback for a principal structure exceed 45 feet from the front property line.
A. 
Balconies, stoops, stairs, chimneys, open porches, bay windows and raised doorways shall be permitted to extend within the minimum front setback, to a maximum of 12 feet. Open patios and decks in rear yard may extend up to 12 feet. In no case shall the encroachment enter a public highway right-of-way or property line.
B. 
Side yards that abut a public street shall be treated as described above. Hedges, garden walls or fences may be built on property lines or as a continuation of building walls. Buildings should avoid long monotonous, uninterrupted walls or roof planes. Blank, windowless walls are generally not allowed along street frontage.
A. 
The vertical distance from the mean elevation of the finished grade relative to the frontage street to the ridgeline of the structure.
(1) 
All uses: 40 feet.
B. 
Exceptions: roof equipment not intended for human occupancy and which is necessary to the structure upon which it is placed.
[Amended 12-1-2010 by L.L. No. 5-2010]
Any commercial accessory structure that is placed in this district must be approved by the body with final approval authority, either the Town Board or Planning Board. Any residential accessory structure must not exceed 720 square feet and shall be placed no closer than five feet to any side or rear lot line if wholly within the rear yard. Otherwise, the principal building setbacks shall apply.
A. 
General.
(1) 
All development and redevelopment requiring site plan approval must meet the requirements of any zoning overlay that exists in the area of development.
(2) 
The scale, proportions, massing and detailing of any proposed buildings or major renovation shall be in proportion to the scale, proportion, massing and detailing in the area.
(3) 
Connections shall be provided from the site to the existing sidewalk system. Pedestrian and bicycles shall be accommodated in the site design.
B. 
Parking lots.
(1) 
All parking shall be located at the side or rear of the building. No parking shall be located in the front yard of the building.
(2) 
If the parking is located in the side yard, it must be partially screened from the road by low walls, fences or hedges as approved by the Town's Landscape Committee.
(3) 
Parking lots shall not abut street intersections.
(4) 
Adjacent parking lots shall have internal vehicular connections.
(5) 
On-street parking directly fronting the lot shall count toward fulfilling the parking requirements of that lot.
C. 
Architecture.
(1) 
The architectural style of all new structures must be reviewed and approved by the Town Board and may be referred to the Planning Board for its review and recommendation.
(2) 
All proposed structures must conform to any overlay zoning requirements.
(3) 
Due to the visibility of the district, architectural compatibility is necessary in order to visually connect development and allow for proximity of varied uses.
(4) 
Materials. Walls shall be clad in stone, brick, marble, cast concrete, vinyl siding, drivit, and hardiboard or other cement paneling. Metal paneling is prohibited.
(5) 
Configurations. Two wall materials may be combined (horizontally) on one facade. The heavier material must be below. Rooflines shall not be flat.
(6) 
Techniques. All rooftop equipment shall be enclosed in the building material that matches the structure or is visually compatible with the structure.
A. 
All buildings and impervious surfaces, including but not limited to parking areas and public or private drives may not cover more than 60% of a project site. Where a property owner has shared access and shared parking arrangements with adjoining property owners in perpetuity (for example: via a permanent easement recorded in the deed), the lot coverage requirements may be increased to 85% of the lot.
B. 
The Rural Neighborhood.
(1) 
Scale: 0.5 to one mile across.
(2) 
An example of a TND in the countryside is called a hamlet or village.
(3) 
Within a hamlet or village, the following land uses are arranged to service the needs of the resident population in a convenient walking environment: open space, civic buildings, low- and high-density residential, retail/commercial, business/workplace, and parking.