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Village of East Aurora, NY
Erie County
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Table of Contents
Table of Contents
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A. 
The Village's overlay and special purpose districts are listed in Table 23.1 below. When this chapter refers to an overlay or special district, it is referring to one of the following:
Table 23.1: Overlay and Special Purpose Districts
Overlay/Special Purpose District Name
Abbreviation and Map Symbol
Mid-Main Overlay
MMO
Open Space
OS
B. 
The overlay and special purpose district names and map symbols are intended to provide a general indication of the geographic area, intensity, scale, and/or type of uses permitted.
A. 
Purpose and intent. The purpose of the MMO District is to preserve the integrity of the traditional, residential character that exists along the designated Mid-Main Street area. The essence of the MMO District's character consists of buildings with traditional architectural style and variety on lot sizes consistent with the existing residential character, including an abundance of trees and landscaping. Future investment in the MMO District shall preserve and enhance the overall walkability and historic character of the Village. To the greatest extent practicable, the restoration and reuse of existing structures is required. The demolition of existing structures is prohibited, unless it is determined by the Village Board that demolition is necessary to protect the health, safety, and welfare of the public.
B. 
Use, lot, yard, and bulk requirements. The permitted uses of the MMO District and associated lot, yard, and bulk requirements shall be determined by the underlying zoning district unless otherwise noted in this chapter.
C. 
Yard landscaping requirements. All front yard areas shall be maintained as landscaped greenspace, except for driveways and sidewalks. The rearmost 10 feet of all rear yards shall be maintained as landscaped greenspace.
D. 
Accessory structures. Accessory structures shall be located in the rear yard, no closer than 10 feet to the main structure or any lot line.
E. 
Existing structures. Any lot or structure established within the MMO District prior to the adoption date of this chapter shall maintain its existing lot size, width, front yard, rear yard, and side yard measurements for both principal and accessory uses or structures. Any desired change to these conditions shall require review and approval pursuant to Article 51, Site Plan Review, of this chapter.
F. 
Newly constructed buildings. Any new buildings proposed within the MMO District shall conform to the standards of Table 23.2 below.
Table 23.2: New Building Construction Standards
Building/Structure Dimension
Requirement
Maximum width
50 feet
Maximum footprint
5,000 square feet
Minimum footprint
1,500 square feet
Maximum height
2 1/2 stories or 35 feet
Accessory structure
G. 
Garage doors. Overhead or other vehicle entry doors shall not be located on the primary facade of any building.
H. 
Tree requirements. The following tree requirements shall apply to all lots within the MMO District and shall be implemented at the responsibility and expense of the property owner.
(1) 
All dead trees shall be removed from the premises.
(2) 
Each tree that dies of disease or natural causes shall be replaced by a tree of the same or similar species measuring at least 1 1/2 inches in caliper and six feet in height.
(3) 
Each living tree that is removed for building or site improvements shall be replaced by two trees of the same or similar species measuring at least 1 1/2 inches in caliper and six feet in height.
(4) 
All property shall include a minimum of one tree per 1,500 square feet of pervious area on the lot.
I. 
Parking restrictions. The following shall apply to all off-street parking areas within the MMO District.
(1) 
All uses are exempt from the off-street parking requirements of § 285-40.6; however, all other requirements of Article 40 shall still apply.
(2) 
Parking areas shall be located in the rear yard, where practicable.
(3) 
No parking area is permitted within 10 feet of the side lot line or 15 feet of the rear lot line.
(4) 
No parking areas may be provided on any lot which is not improved by a building.
(5) 
Nonconforming parking areas may be resurfaced provided there is no change in the size or location of the lot.
J. 
Additional regulations. All other applicable requirements of this chapter, including but not limited to Article 31, Regulations for Certain Uses, and Part 4, Development Standards, shall also apply to uses in the MMO District.
A. 
Purpose and intent. The purpose of the Open Space (OS) District is to preserve and enhance the Village's open spaces and recreational areas by restricting development that would not otherwise be compatible with or respect the natural environment. The intent of this district is to ensure ample passive and active recreational opportunities for residents and visitors and identify areas of valued green space. Areas designated under the OS District include, but are not limited to, privately or publicly owned parks, recreational areas, natural wildlife areas, creeks or streams, and cemeteries.
B. 
Permitted use list. Uses are allowed in the OS District in accordance with Table 23.3B.
(1) 
Uses identified with a "P" are permitted as-of-right in the subject zoning district, subject to compliance with all other applicable standards of this chapter.
(2) 
Uses identified with a "SP" may be allowed if reviewed and approved in accordance with the special use permit procedures contained in Article 52.
(3) 
Uses not listed and those identified with a "-" are expressly prohibited.
Table 23.3B: Open Space District Use List
Land Use
Zoning District
OS
Public parks or playgrounds
P
Natural wildlife or open space areas
P
Cemeteries
P
Botanical gardens, arboreta, or conservatories
SP
Farms or agricultural activities
SP
Outdoor recreation facilities
SP
Indoor recreation facilities
SP
Outdoor entertainment facilities
SP
Indoor entertainment facilities
SP
Commercial facilities, incidental to recreational use
SP
Cultural facilities, such as a museum or observatory
SP
Golf course
-
Outdoor lighting, for recreational area use after dusk
SP
Parking areas, not located on the same lot as the use to be served
SP
Municipal structure or use
P
Accessory structure or use
SP
C. 
Lot, area, and yard requirements. The following lot, area, and yard requirements shall apply to the OS District within the Village.
Table 23.3C: Open Space Lot and Yard Requirements
Land Use
Zoning District
OS
Minimum lot size
3 acres
Minimum lot width
100 feet
Minimum front yard1
35 feet
Minimum side yard1
15 feet OR 50 feet2
Minimum rear yard1
15 feet OR 50 feet2
Notes:
1
Only applicable to structures, equipment, or other constructed and/or installed facilities on a lot.
2
When adjacent to a residential use, the larger yard requirement shall apply.
D. 
Dimensional and bulk requirements. The following bulk requirements shall apply to the OS District within the Village.
Table 23.3D: Open Space Bulk Requirements
Land Use
Zoning District
OS
A. Maximum Building Height
Primary use or structure
25 feet
Accessory use or structure
15 feet
B. Maximum Lot Coverage
15%
E. 
Additional regulations. All other applicable requirements of this chapter, including but not limited to Article 31, Regulations for Certain Uses, and Part 4, Development Standards, shall also apply to uses in the Open Space District.