The intent of these provisions is to encourage
commercial enterprise in an area of Town that can adequately provide
for a high volume of automobile traffic and to facilitate convenient
access, minimize traffic congestion, reduce vehicle conflict points,
and reduce visual clutter for those commercial uses. Major Arterial
District includes all those areas along Transit Road (NYS Route 78)
from Wehrle Drive to Swormville.
A.
The following list of uses are allowed as vested rights
in facilities measuring up to 50,000 square feet in area:
(1)
Shopping center or plaza.
(2)
Permitted in-fill uses in existing structures.
(3)
Hotels and motels.
(4)
Banks and financial institutions.
(5)
Funeral homes.
(6)
Theaters and public assembly.
(7)
Public recreational facilities.
(8)
Retail sales activities.
(9)
Nonprofit institutions of charitable, religious, cultural
or civic purposes.
(10)
Heating, plumbing and electrical shops.
(11)
Convention facilities.
(12)
Restaurants
(13)
Professional, medical, executive offices.
(14)
Dry cleaners/commercial laundry.
(15)
Printing shops.
(16)
Bowling alleys.
(17)
Public utility facilities.
(18)
Personal service shops, craft shops, antique
shops.
(19)
Day-care centers and nursery schools.
B.
Exclusions: uses listed above which involve on-site
manufacturing, outdoor storage of merchandise, hazardous materials,
warehousing and/or storage necessitating truck travel, and mining.
[Amended 6-26-2013 by L.L. No. 2-2013]
A.
Any permitted use that involves a facility in excess of 50,000 square
feet and the following list of uses:
A.
Minimum lot size: No lot shall have less than 100
feet of public road frontage nor be less than 200 feet in depth. Corner
lots shall have not less than 300 feet of public road frontage on
each street. No lot shall contain less than 20,000 square feet. If
the lot is used for dwelling purposes, then it shall not be less than
5,000 square feet of area for each family dwelling unit.
B.
Lot width (minimum): 100 feet.
C.
Lot depth (minimum): 200 feet.
D.
Front setback (minimum): 135 feet from center line
of all public road rights-of-way.
E.
Side setback (minimum): 25 feet to matching zone.
F.
Rear setback (minimum): 25 feet.
G.
Setback to adjoining residential (minimum): 45 feet.
H.
Any commercial uses shall not be located adjacent
to residential uses unless separated by a minimum forty-five-foot
greenbelt.
I.
Arcades, awnings and open porches shall be permitted
to encroach a maximum of 12 feet into front setbacks and side setbacks.
J.
Interior setbacks: Buildings located along main interior
roads shall have unified front setbacks of at least 10 feet. Building
side and rear setbacks shall be determined by the following:
K.
Size of buildings: No principal building shall contain
less than 1,000 square feet of usable floor space. Buildings used
in whole or 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.
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L.
Building height:
(1)
Building height shall be measured as the vertical
distance from the mean elevation of the finished grade relative to
the frontage street to the ridgeline of the structure.
(a)
All uses: maximum 45 feet.
(2)
Exceptions: roof equipment not intended for human
occupancy and which is necessary to the structure upon which it is
placed.
(3)
Transmission and receiving towers (total height from
ground level to top of tower): intervening buildings are included
in total tower height.
B.
No accessory building designed, intended or used for
business purposes shall extend closer than 45 feet to any side or
rear lot line of any residential lot used wholly for residential purposes,
nor closer than 25 feet to any side or rear lot line wholly within
a Major Arterial 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 lines, provided these lines do not designate
a residential district or are in common with a lot used wholly for
residential purposes.
C.
Private garages, sheds and other accessory buildings
used wholly in connection with private residence shall extend not
closer than 10 feet to any side or rear lot line.
Parking may occur within the side or rear setbacks
of the principal building. Parking within required setback areas must
be a minimum of five feet from any property line. Adjacent parking
lots and rear service lanes of lots shall have internal vehicular
access. There shall be a minimum forty-five-foot greenbelt from any
parking area to a residentially zoned property line.
A.
All walls visible from a public right-of-way shall be clad with the same material required for the front of the building (see Subsection D, Materials, below).
B.
Approved metal paneling may not exceed 40% of any
facade of a structure visible from a right-of-way.
C.
All walls not visible from a public right-of-way may
be constructed of cinder blocks or approved metal paneling but shall
be painted to match the overall color scheme of the rest of the building.
F.
Techniques. All rooftop equipment shall be enclosed
in building material that matches the structure or is visually compatible
with the structure.
All principal buildings, accessory structures
and impervious surfaces located on a Major Arterial District property
may not exceed 75% 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 85% of the lot.
