[Amended 8-13-2008 by L.L. No. 2-2008]
The intent of this district is to allow for the continued and
future use, expansion, and new development of professional offices
and similar less intensive business uses. The regulations are designed
to be more compatible with residential areas of the Town and are intended
to be less traffic-generating than retail businesses. Professional
office development is encouraged along the Sheridan Drive corridor,
northern Transit Road, and small sections of Wehrle Drive and Bergtold
Road. As most of the restricted business districts are located outside
of areas serviced by public sewers, designs should reflect a more
open character.
[Amended 3-11-2020 by L.L. No. 1-2020]
The following list of uses are allowed as vested rights in structures
measuring up to 10,000 square feet in area or a cumulative total of
30,000 square feet of building area on an individual property:
A.
Any permitted use that involves a structure in excess of 10,000 square
feet or a cumulative total of 30,000 square feet of building area
on an individual property and the following list of uses:
B.
No accessory buildings designed, intended or used for business purposes
shall extend closer than 25 feet to any side or rear lot line of any
residential lot used wholly for residential purposes, nor closer than
25 feet to any residential district boundary, nor closer than 10 feet
to any side or rear lot line wholly within the restricted business
district. Accessory buildings lying wholly to the rear of the principal
buildings shall not extend closer than 10 feet to the side or rear
lot line, provided that these lines do not designate a residential
district boundary or are in common with a lot used wholly for residential
purposes.
C.
Private garages, toolhouses and other accessory buildings used wholly
in connection with private residences shall extend not closer than
10 feet to any side or rear lot line.
A.
Minimum lot size. No lot shall be less than 100 feet of public road
frontage and be at least 120 feet in depth. Corner lots shall be not
less than 300 feet of public road frontage on each street. If the
property has public sewer access, then no lot shall contain less than
20,000 square feet nor less than 5,000 square feet of area per family
unit if used for multiple dwellings. If the property has no public
sewer access, then no lot shall contain less than one acre (43,560
square feet) of land area and be subject to review and approval of
the Erie County Health Department or New York State Department of
Environmental Conservation for private wastewater treatment permits.
B.
Minimum development setbacks:
(1)
Front yard: 80 feet. Where there is an established front setback
line between adjoining properties, that setback line would apply to
the property to a minimum of 45 feet.
(2)
Side yard: 25 feet.
(3)
Rear yard: 25 feet.
(4)
Setback to adjoining residential (minimum): 45 feet.
(5)
Any commercial uses shall not be located adjacent to residential
uses unless separated by a minimum forty-five-foot greenbelt.
(6)
Arcades, awnings and open porches shall be permitted to encroach
a maximum of 12 feet into front setbacks and side setbacks.
C.
Size of buildings. No principal building shall contain less than
800 square feet of usable floor space. 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.
Internal setbacks for buildings shall be such that circulation of
auto and pedestrian traffic is accommodated and all fire and safety
issues are addressed.
B.
Internal buildings shall be laid out in the form of quadrangles or
other well-defined open areas to give prominence to important structures
and to allow for gathering and pedestrian circulation.
C.
All parking required by the uses in this district shall be provided
on site and in sufficient number not to require on-street parking
or encroachment on adjacent property.
D.
Parking areas shall not encroach into any required development setbacks
and shall be interconnected within the property. Parking areas may
be proposed within the development setbacks if, and only if, the following
features are maintained:
[Amended 8-22-2018 by L.L. No. 8-2018]
(1)
Parking is buffered by a natural or architectural feature; and
(2)
Parking is limited to a maximum of one drive aisle and two parking
rows; and
(3)
Pedestrian accommodations are prioritized to ensure ease of access
between building, parking and ROW; and
(4)
Parking design conforms to the community character of the surrounding
area.
E.
Trash containers, storage areas, loading and mechanical equipment
shall be located within the parking area and shall be screened from
public view. Dumpsters shall be properly secured.
A.
Due to the visibility of the district, architectural compatibility
is necessary in order to maintain community character, visually connect
development, and allow for proximity of varied uses.
B.
Materials. Walls shall be clad in a mix of the following: stone,
brick, marble, metal paneling, cast concrete, vinyl siding, drivit,
and hardiboard or other cement paneling. All walls visible from a
public right-of-way shall be clad with the same material required
for the front of the building.
C.
Roof and top treatments. The use of sloped roofs, including gabled
and hip roofs, is strongly encouraged in an effort to maintain a village-scale
building style.
(1)
The appearance of rooflines shall not be flat. A sloped roof must
achieve a minimum four-foot rise for twelve-inch run for structures
up to 10,000 square feet in size.
(2)
Larger structures shall employ design standards to ensure that roof
configuration matches the architectural appearance of the district.
Buildings of this nature shall utilize a combination of roof elements
and top treatments.
(3)
Rooftop mechanical units, dishes, and other miscellaneous equipment
should be screened or be properly integrated as part of the building
design. Screen material should be of the same or compatible material,
texture, and color to the building architecture.
(4)
Roofing systems shall be comprised of materials appropriate to the
architectural style and color palette of the building.
(5)
Exposed flat roofing systems are to be concealed from view.
All principal buildings, accessory structures, and impervious
surfaces located on a restricted business district property may not
exceed 70% of the gross area of the lot. 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 80%
of the lot.
It is the intent of these standards and provisions to prevent,
reduce or eliminate the problems created by improperly designed and
installed outdoor lighting. Specifically, glare, light trespass, excessive
energy usage and financial burden are all negative effects of poor
site lighting design standards. The purpose of careful site lighting
approaches is to ensure that outdoor lighting does not interfere with
the reasonable use and enjoyment of property. These regulations are
also designed to increase safety for both pedestrian and vehicular
traffic.
A.
Lighting design shall not create a nuisance to adjacent residences.
(1)
All external lighting sources shall be designed and shielded
to avoid hazardous interference and direct glare onto adjacent streets
and properties.
(2)
The lenses in pole and wall-mounted lighting shall be recessed
to control the adverse impacts of light spillout and glare.
(3)
Parking area lighting fixtures shall not be illuminated after
11:00 p.m.
(4)
Security lighting and other building lighting will be allowed
to operate as long as it does not create a nuisance to adjacent residences.
B.
Design standards should be utilized which accent existing community
character and styling.
(1)
Pole-mounted lighting shall not exceed a total height of 15
feet from finished grade to the top of the fixture.
(2)
A mixture of lamp types on the same site shall be avoided.
(3)
To provide optimum color rendition, lamps are preferred in the
following order: high-pressure sodium, metal halide, low-pressure
sodium.
C.
Lighting plans shall be submitted and must include illumination footprints.
The appearance and placement of lighting will be recommended on by
the Planning Board as part of the site plan approval process.
Access management standards are put in place in an effort to
reduce logistical traffic conflicts, particularly along roads with
heavy traffic volume. Logical design standards assist with the strategic
placement of access points along traffic avenues and thus reduce the
number of conflict points. Achieving proper access management standards
will allow for transportation components to be properly integrated
into various land use arrangements. Projects which consider access
management help to improve both safety and efficiency within the community.
A.
The site layout, location and design of driveways and parking areas
should be based on full buildout of the parcel. Future subdivision
of the parcel or any future action that is contrary to an already
approved plan cannot occur without prior Planning Board approval.
Furthermore, site plans are a crucial component for understanding
a site and project; they must illustrate the building location, elevation
of all buildings and structures, building materials to be utilized
on all facades, and the location of site lighting, signage, and traffic
control features.
B.
Access with properties having two or more road frontages should be
determined by the body having final approval authority, either the
Town Board or Planning Board.
[Amended 12-1-2010 by L.L. No. 5-2010]
C.
Curb cuts and driveway spacing for new development or redevelopment
will be evaluated on a case-by-case basis to reduce conflicts and
ensure traffic safety and efficiency.
(1)
Driveways should be located so as to provide shared access and/or
cross access with an abutting parcel or properties, wherever practical.
(2)
Shared driveways and/or cross-access driveways shall be of sufficient
width (minimum 20 feet) to accommodate two-way travel for automobiles
and for service and loading vehicles.
(3)
Driveways should be located outside of the functional area of
the intersection, or if this is not possible, driveways should be
placed as far as possible from the intersection.
D.
Driveway location.
(1)
Driveway location will be based on a site plan that has been
agreed upon by the Planning Board in consultation with the Town Engineer
and, where appropriate, the Town Highway Superintendent.
(2)
The Planning Board may allow the location of driveways outside
of conventional standards if:
(a)
A dual-driveway system, cross-access driveway system or shared
driveway is proposed and this improves the safe and efficient movement
of traffic between the parcel and the road;
(b)
A driveway or driveways could be located so as to meet conventional
standards, but the characteristics of the parcel or the physical or
operational characteristics of the road are such that a change of
location will improve the safe and efficient movement of traffic between
the parcel and the road; or
(c)
Conformance with conventional standards imposes undue and exceptional
hardship on the property owner.
