Amherst City Zoning Code

PART 5

SPECIAL PURPOSE AND OVERLAY DISTRICTS

§ 5-1 Agricultural (AG)

5-1-1.

Purpose. To provide for continued use of land for agricultural purposes, including farms, floriculture, orchards and nurseries promoting an environment conducive to the long-term stability of agriculture. This district provides for compatible land uses supported by the permitted agricultural uses.

5-1-2.

Principal Uses and Structures.

Permitted and Special Uses. There shall be not more than one principal residential structure permitted on a lot in the AG district.

AG	Permitted	Special Use	Standards
OPEN USES
Animal husbandry
Farm
Plant nursery
Stables, public or private			§ 6-1-1
RESIDENTIAL USES
Single-family detached
PUBLIC AND CIVIC USES
Minor utility
Park or open space
Place of worship			§ 6-3-3
Telecommunication facility			§ 6-7
COMMERCIAL USES
Agricultural products, sale of
Animal grooming, animal hospital or veterinarian			§ 6-4-1
Bed and breakfast			§ 6-4-2
Dog day care facility [Added 10-17-2011 by L.L. No. 25-2011]			§ 6-4-13 [Amended 11-5-2012 by L.L. No. 17-2012]
Ground-mounted solar energy system, Tier I & Tier II [Added 12-14-2020 by L.L. No. 18-2020]			§ 6-10
Ground-mounted solar energy system, Tier III [Added 12-14-2020 by L.L. No. 18-2020]			§ 6-10
Kennel, commercial			§ 6-8-7
Riding academy
INDUSTRIAL USES
No industrial uses allowed

Dimensional Standards.

AG Principal Use Dimensional Standards
Min. lot area		5 acres
Min. lot area per dwelling		5 acres
Min. lot width		200 ft
Min. front yard		50 ft
Min. rear yard		See § 2-5-4B(3)
Min. side yard		See § 2-5-4B(3)
Max. height
	Residential	2 stories (up to 35 ft)
	Nonresidential	65 ft
Max. building coverage (residential use only)		15%
Note: For explanation of measurements, computations, and exceptions see § 2-5.[1]

[1]

Editor's Note: The diagram which immediately followed this table was repealed 2-8-2016 by L.L. No. 2-2016.

5-1-3.

Accessory Uses and Structures.

Permitted Accessory Uses and Structures. The following accessory uses and structures incidental to any permitted principal use are allowed subject to the requirements of § 6-8, Accessory Uses or Part 7, General Development Standards.

AG Permitted Accessory Uses and Structures	Standards
Uses and structures customarily incidental to the above
Auxiliary housing unit	§ 6-8-2
Cat boarding facility [Added 2-4-2008 by L.L. No. 1-2008]	§ 6-8-7
Detached private garages and parking area
Greenhouse
Home occupation Type 1 or Type II	§ 6-8-6
Kennel, accessory	§ 6-8-7
Off-street parking, loading and stacking	§ 7-1
Private garden
Private recreational uses and structure
Produce stand only selling items grown on-site
Solar energy system [Added 12-11-2017 by L.L. No. 24-2017]	§ 6-10
Rooming and boarding of not more than two persons
Sign	§ 7-8
Small wind energy system [Added 8-17-2009 by L.L. No. 12-2009]	§ 6-8-14
Swimming pool and tennis court	§ 6-8-12

Dimensional Standards.

AG Accessory Use Dimensional Standards
Min. building separation	5 ft
Min. from lot line	3 ft
Max. height	30 ft
Max. building coverage (residential use only)	15%
Note: For explanation of measurements, computations, and exceptions see § 2-5.

5-1-4.

General Development Standards. Development in the AG District shall also comply with the requirements referenced in the table below.

AG General Development Standards
Off-Street Parking, Loading and Stacking	§ 7-1
Landscaping, Buffers and Screening	§ 7-2
Site Lighting	§ 7-3
Outdoor Storage and Display	§ 7-4
Fences and Walls	§ 7-5
Access and Circulation	§ 7-6
Provisions for Flood Hazard Reduction	§ 7-7
Sign Regulations	§ 7-8
Performance Standards	§ 7-9
Bulk Storage of Combustible or Flammable Liquids	§ 7-10

§ 5-2 New Community District (NCD)

5-2-1.

Purpose. To provide flexible land use and design regulations through the use of performance criteria so that small-to-large scale multi-use neighborhoods may be developed on relatively large tracts within the Town, in a manner which incorporates a variety of residential types and nonresidential uses and services. A New Community District (NCD) may contain both individual building sites and common property which are planned and developed as a unit. Among the purposes of this district are: the encouragement of innovation in residential development so that the growing demand for housing at all economic levels may be met by greater variety in type, design and siting of dwellings, the conservation and more efficient use of land in such developments and the encouragement and maintenance of high environmental quality throughout the development. This district encourages a similarly imaginative approach to the development of nonresidential uses in a NCD. To encourage the most skillful planning of parts of the community in accordance with the objectives of the Town Master Plan or its successors, to provide for the utilization of planning criteria in the arrangements of buildings related to common open space, to utilize topography and other site features to their best advantage and to obtain creative and coordinated designs, it is necessary to expand the scope of land planning and development beyond a concept of homogeneous uses and structures on individual lots within formally defined districts to the planning and development of larger areas with groups of structures to create a diversified and coordinated entity. Therefore, in lieu of zoning controls applicable in the standard zoning districts, § 8-15 establishes procedures and this Section establishes substantive requirements under which a developer may prepare development plans particularly designed to meet these objectives.

5-2-2.

Objectives. In order to carry out the intent of this section, a new community development shall achieve the following objectives:

A varied choice in the types of environment, occupancy tenure (e. g., cooperative, individual ownership, condominium, leasing), types and costs of housing, lot sizes and community facilities available to existing and potential town residents.

Extensive usable open space and recreation areas, appropriate in terms of location, size and suitability of intended function.

The provision of commercial, office or industrial uses of substantial real property tax productivity intended to support the financing of additional educational, municipal and other public services required as a result of the development.

Convenience in location of commercial and service areas.

The preservation of such features as trees, outstanding natural topography and geological features; the prevention of soil erosion; and the comprehensive design of stormwater retention and proper drainage systems.

A creative use of land and related physical development which allows an orderly transition of land from rural to urban uses.

An efficient use of land resulting in smaller networks of utilities and streets and lessened burden of traffic on streets and highways, thereby lowering utility and maintenance costs borne by new development.

Creation and preservation of natural and man-made features which will give increased environmental quality, encourage uses which will maintain high environmental quality and provide an attractive community design.

Guidance and control of development in flood hazard areas so that life and property both within and without such areas are protected.

Increased safety for all modes of travel, including pedestrian and bicycle.

An appropriate balancing or accommodation of the effect of major public or private development elsewhere in the town or its vicinity.

Sufficient civic and community facilities, carefully integrated with adjoining areas.

Provision for the orderly updating of long-term, large-scale development plans to reflect changing circumstances within an overall, town-approved planning framework.

A more desirable environment than would be possible through the strict application of other sections of this Zoning Ordinance.

5-2-3.

Substantive Criteria, Standards and Regulations. Criteria, standards and regulations are hereby established with respect to planning of land and the arrangements of buildings and open spaces for new community development undertaken in a NCD, as set forth in this Section. Any inconsistent or contrary criteria, standards or regulations approved by the Town Board prior to the adoption of this Section in connection with a new community development undertaken by a public agency which has held a public hearing on such development shall take precedence over the requirements of this Section.

5-2-4.

Location of NCD. The NCD shall be applicable to any area of the town where the petitioner can demonstrate, or the Town Board on its own initiative or upon recommendation of the Planning Board determines, that the characteristics of the proposed site will meet the objectives of this Section.

5-2-5.

Use Regulations.

Use Classifications. The emphasis of this Section is to permit rational and careful development of new patterns of blending uses, building types and construction methods. Strict adherence to formally defined and compartmented use districts or sectors is contrary to the purposes of this Section. However, any use permitted in the NCD shall be suitable for the character and related to the needs of the proposed development and shall not adversely affect the surrounding development. To this end, uses permitted in a NCD are grouped into use classifications. Uses shall be located in such a manner as to best serve residents, employees and visitors to the new community. A use area, as outlined on a development plan by references to the appropriate classification, shall be primarily devoted to uses specified for that area, but classifications described in paragraphs (2), (3) and (4) below may include uses specified in any classification having a lower number. The use of classifications are as follows:

(1)

Major Open Space. This classification includes: large areas of land in a natural state; areas for active and passive recreation; parks and large landscaped or wooded areas; stormwater storage and runoff areas; preservation of outstanding geologic and topographic features; public or private recreation, education, community and cultural facilities; conservation facilities and areas; and pedestrian and bicycle circulation systems. Special limited commercial services and facilities compatible with the above uses may be included.

(2)

Neighborhood. This classification includes primarily residential areas designed to provide living space for families and individuals. Ancillary uses designed to conveniently serve residents may be located within them. The classification includes:

(a)

Residences and dwelling units of every type, except as otherwise specified in this subsection. In developing a balanced community the use of a variety of housing types, styles and construction methods shall be deemed most in keeping with this Section.

(b)

Small convenience retail and service facilities, except for automobile drive-in restaurants, and ancillary office facilities designed to serve the needs of residents of the neighborhood.[1]

[1]

Editor's Note: Former Subsection A(2)(b), regarding fraternity and sorority houses, dormitories, hostels and boardinghouses, was repealed 9-6-2016 by L.L. No. 10-2016. This local law also redesignated former Subsection A(2)(c) through (f) as Subsection A(2)(b) through (e), respectively.

(c)

Public and quasi-public facilities, including schools and day-care centers, religious buildings and other community facilities.

(d)

Recreation facilities, open space areas, and personal training facilities.

[Added 2-4-2008 by L.L. 1-2008]

(e)

Special limited commercial services and facilities not already included in the above uses and storage yards and open equipment structures compatible with the above uses or suitably screened, fenced and buffered from adjacent uses in accordance with the performance standards in § 5-2-7I may be included. Storage yards for house trailers, boats and similar equipment and for open space maintenance equipment are included in this classification.

(3)

Local Center. This classification includes uses primarily designed to serve residents within the relatively close environs of the center. Uses may include retail sales and service facilities, including uses enumerated in paragraphs (1) and (2) above and automobile-oriented retail sales and service facilities, including gasoline service stations, spaced and otherwise regulated according to this ordinance, business, professional and community service office facilities, hotels and motels, restaurants, taverns, hospitals, medical buildings, clinics, convalescent, old-age or nursing homes or residences, funeral homes, nonprofit institutions for charitable purposes, gymnasiums or health club, veterinary clinics or cat boarding facilities with kennel in enclosed building, film and performing arts theaters, public and quasi-public facilities enumerated in paragraphs (1) and (2) above and public or private parking facilities. Dormitories are permitted subject to the issuance of a special use permit by the Town Board based on criteria found in Section 5-2-7K. Automobile drive-in restaurants shall be located in organized retail areas or motorist service areas, not as independent establishments.

[Amended 2-4-2008 by L.L. No. 1-2008; 9-6-2016 by L.L. No. 10-2016]

(4)

General Commercial. This classification includes regional facilities serving residents from outside the new community as those within it. Permitted uses include comparison retail establishments, radio or television stations, public or private parking structures, public or private office facilities, trade or industrial schools, print shops, passenger terminals, commercial recreation activities subject to constraints as outlined in the Town Amusement Ordinance.

(5)

Restricted Industrial. Uses in this classification shall be designed to provide space for office, research and light manufacturing activities which are compatible with nearby open space areas and with residential and commercial development. Permitted research and manufacturing uses shall include those uses allowed in the RD, ST, and GI districts as set forth in this Ordinance.

Use Mixture.

(1)

Residential Dwelling Unit Distribution. There shall be a variety of housing types within each NCD. Single-family detached dwelling units, or single-family attached dwelling units connected by nonhabitable structures, contemplated by the development plan shall comprise a minimum of 25 percent of the total dwelling units contemplated by the development plan.

(2)

Commercial Use. Each new community development shall have adequate convenience commercial services and facilities to serve the residents of the community. Commercial uses in neighborhood and local center areas shall be provided in appropriate relation to the location and concentration of dwelling units to be served thereby. The floor area of such commercial facilities will be generally guided by a standard of not less than 25 square feet of organized shopping and convenience retail per dwelling unit and an additional 15 square feet of convenience service retail per dwelling unit, measured according to the area served by such facilities, whether inside or outside the NCD.

(3)

Open Space Use. In any NCD, considered in its entirety, a minimum of 25 percent of the total land area to be developed by the new community developer or designee, in accordance with the development plan, shall be in open space. At least 70 percent of this total open space shall be in private ownership open to the public or in public or common ownership. At least 40 percent of the total open space, either in a natural state or improved as permitted by and meeting the standards of this Section, shall be offered for dedication or other public entity for recreation and other open space uses available for use by the public and acceptable to the Town Board or other public entity and to the entity which was the principal owner of the new community site, as contemplated in § 8-15, at the time of Town Board approval of the development plan (or to the designee of such entity). Offers for dedication or other disposition of major open space for public use may be made at any time after approval of the development plan. Part of the public or common open space shall be in neighborhood areas. For the purpose of this calculation, areas covered by roads, building or parking areas shall not be counted as open space, except for buildings, parts of buildings or parking lots providing natural preservation, recreational or cultural services in conjunction with adjoining open space. Lakes or other water areas may not occupy so large a proportion of the major common open space that other open space for recreational uses cannot be adequately provided for.

Prohibited Uses.

(1)

Junkyard;

(2)

Signs other than those permitted in § 5-2-7J;

(3)

Used automobile and/or trailer vehicle sales agency;

(4)

Commercial drive-in film theater;

(5)

Individually sited mobile home or home trailer;

(6)

Fraternities and Sororities;

[Added 9-6-2016 by L.L. No. 10-2016[2]]

[2]

Editor's Note: This ordinance also redesignated former Subsection C(6) and (7) as Subsection C(7) and (8), respectively.

(7)

Any use described in or involving or directly or indirectly causing any condition or activity described in § 5-2-7I related to a light industrial use; or

(8)

Any other use contemplated in this Section.

Unlisted Uses. Uses not specifically enumerated above nor specifically prohibited may be permitted with the approval of the Town Board after receiving a recommendation from the Planning Board as part of the site plan review, so long as the uses in question are compatible with adjacent uses and are consistent with the intent of the development plan.

5-2-6.

Dimensional Standards.

New Community Area Density. The overall residential density of a NCD shall not exceed five dwelling units per gross acre; however, the overall density may be increased, subject to the approval of the Town Board, to correspond with any increase indicated on the officially adopted Town Master Plan. This density shall be calculated based on the NCD, excluding lands and units not owned or controlled by the petitioner, and restricted industrial and general commercial areas, but shall include lands and units owned or controlled by any public entity.

Dwelling Unit Area. All dwelling units and rooms included in a dwelling unit shall have sufficient floor area to satisfy the applicable minimum floor area requirements of the State Building Construction Code or the Town Building Code, whichever may be applicable.

Minimum Area. The minimum area required to qualify for a NCD shall be 1,000 contiguous acres of land. For purposes of this subsection, lands separated by streams or drainage courses, highways, streets or other public or private rights-of-way shall be deemed contiguous. Boundaries should assume reasonably regular configurations, taking advantage of natural features, public rights-of-way and other clearly defined features as outer perimeters, in order to facilitate buffering between the NCD and adjacent areas and in order to minimize the development obstacles created by sharply irregular boundaries resulting from noncontiguous ownership patterns.

Building Arrangements. The design criteria set forth in this Section are intended to provide desirable latitude and freedom to encourage variety in the arrangement of the bulk and shape of buildings, open space and landscape features. Therefore, in lieu of specific minimum lot size or frontage, minimum percentage of building coverage, building setback and spacing, yard requirements, building height and shape and other similar considerations, the requirements of this subsection D shall apply. Dwellings may be arranged in various groups, courts, combinations, sequences or clusters with open spaces organized and related to the dwellings to form a unified composition of buildings and space. Landscape features, lots, yards, building arrangement, setback, spacing, height and shape shall be designed in a manner to assure the following:

(1)

Proper light, air and views for the residents.

(2)

Safety in the accommodation of pedestrian and vehicular circulation and vehicular storage and service.

(3)

Usability of and convenient access to open space by residents of adjacent dwellings without loss of visual and auditory privacy for residents of such dwellings.

(4)

Availability of open land for landscaped features, recreation or other private uses.

(5)

Building yards designed so as to relate to the amount, layout and outlook of the space within dwelling units as well as within the yard.

(6)

Privacy between adjacent buildings and intersecting wings of buildings, from streets, parking and recreation areas.

(7)

The creation of a variety of common open spaces and private areas through the planning of landscape features such as walls, fences, hedges, and other features.

5-2-7.

Development Standards.

Off-Street Parking, Loading, and Stacking. The design criteria set forth in this Section are intended to provide desirable latitude and freedom to encourage variety in the location, arrangement and type of uses, to encourage convenience in accessibility to these uses through provision of pedestrian and bicycle pathways and public transportation services and to achieve the efficient sharing of parking and loading facilities by multiple uses. Therefore, in lieu of specific minimum parking and loading requirements and other similar considerations, the following performance standards shall apply.

(1)

Parking facilities shall be landscaped and screened from public view to the extent necessary to eliminate unsightliness and monotony of parked cars;

(2)

Pedestrian connection between parking areas and buildings shall be along walkways to the extent necessary to assure pedestrian safety;

(3)

Parking facilities shall be designed with careful regard to orderly arrangement, topography, landscaping and ease of access and shall be developed as an integral part of an overall site design;

(4)

Any above-grade loading facility shall be screened from public view to the extent necessary to eliminate unsightliness and should be separate from private vehicles and pedestrians where feasible;

(5)

The design of buildings and parking facilities shall take advantage of the topography of the site where appropriate to provide separate levels of access;

(6)

Parking areas in all use areas except open space shall meet the requirements of § 7-1;

(7)

Off-street parking, loading, and stacking spaces shall be provided for all new buildings at the time of erection and for all enlargements of existing buildings. A parking space shall measure not less than nine by 19 feet, exclusive of designated access drives and designated walks, and shall be maintained in usable shape and good condition; and

(8)

Off-street parking, loading, and stacking spaces shall be provided so as to prevent overflow of parked or standing vehicles onto public or common vehicular or pedestrian rights-of-way.

Landscaping, Buffering and Screening. Landscaping plans shall meet the following standards:

(1)

Landscaping shall provide privacy and screening between uses, with visual noise and air quality factors considered;

(2)

Landscaping shall contribute to prevention of water runoff and erosion problems. Temporary or permanent protection shall be provided during construction to prevent such problems;

(3)

Landscape treatment for public and private plazas, roads, paths, service and parking areas shall be designed as an integral part of an entire project and shall combine with walks and street surfaces, and such requirements shall be in lieu of any other town requirement for trees in public street rights-of-way;

(4)

The area covered by impervious surfaces such as buildings and paved areas shall be accompanied by planted areas as well as other features to hold or carry stormwater runoff. Outdoor planted or grassed areas within or adjacent to parking lots shall be not less than five percent of the total vehicular area in parking lots designed for 25 cars or more and shall be suitably distributed so as to relieve any unsightliness and monotony of parked cars;

(5)

Landscape materials shall be appropriate to the growing conditions on the site and the town's environment;

(6)

Natural features such as streams, rock, outcrops, escarpments, marshlands, wetlands, topsoil, trees and shrubs, natural contours and outstanding vegetational, topographical and geological features shall be preserved and incorporated in the open space areas and in the landscaping of the development;

(7)

Plastic or other types of artificial plantings or vegetation shall not be permitted unless approved by the Town Board; and

(8)

Trees shall be planted adjacent to all residential units at the frequency of no less than one tree per residential unit unless trees previously existent on the unit site are preserved. Trees to be planted throughout the district and along the vehicular ways shall include both deciduous and coniferous species in adequate density and design to provide year-round benefit of such plantings. Trees shall be of numerous species as to minimize the impact and spread of disease.

(9)

Visual and noise screening devices shall be designed and maintained to serve their intended purposes set forth in this Section. Artificial planting materials shall not be allowed unless approved by the Town Board. Landscape screening should be given priority where effective, easily maintained and botanically feasible.

Topography and Site Appearance. New community developments shall be designed to take maximum advantage of the topography of the land in order to utilize the natural contours, to provide for water storage and control of water runoff, to protect natural drainage courses, to economize in the construction of utilities, to reduce the amount of grading and to maximize the conservation of trees and topsoil. Significant natural features and other characteristics of the site shall be preserved and incorporated as distinctive features of the development.

Local Circulation System. Both vehicular and pedestrian access shall be provided to each dwelling, school, recreation area and commercial area.

(1)

Vehicular.

(a)

Dwellings and other buildings shall be served by streets, drives or emergency accessways planned so as to assure access by service and emergency vehicles. The vehicular circulation system and parking facilities shall also be designed to fully accommodate motor vehicles with safety and efficiency without allowing them to dominate or destroy the form and character of the area, with screening and buffering as may be required to satisfy the environmental standards of this Section. Driveways and streets serving group and cluster developments shall be connected to collector and arterial streets at locations where traffic can be controlled and operated effectively and safely with minimum interference to the capacity of the arterial streets at locations where traffic can be controlled and operated effectively and safely with minimum interference to the capacity of the arterial and collector streets, bicycle routes and pedestrian ways.

(b)

There shall be provision for safe bicycling routes throughout the district which may be coincident with pedestrian ways but which shall be separated from the motorized vehicle system wherever feasible.

(c)

The right-of-way and pavement widths, locations and designs for private ways, roads and alleys shall conform to generally accepted planning and engineering practices, taking into account the estimated needs of the full proposed development. All roads to be dedicated shall be designed and constructed to town specifications or other comparably strict standards.

(d)

All transportation facilities provided and designed by the new community developer adjacent to residential areas shall be designed to provide noise buffer systems such that the ambient noise level from the normal motorized vehicular use of such facilities shall be guided by applicable governmental requirements. Vegetation used in such buffer systems shall be suitable to survive the effect of the adjacent vehicular activity within the right-of-way and the climatic conditions of the area. Alternatively, noise tolerant uses may be located adjacent to the right-of-way.

(2)

Pedestrian. Pedestrian ways shall connect residential areas with other residential areas, community facilities, schools, recreational areas, commercial areas and public transportation. The system of pedestrian walks, malls and landscaped spaces shall be of such extent and the elements of such system shall be so distributed in location and number so as to assure safety of pedestrians from vehicular traffic and encourage pedestrian travel within such system instead of in vehicular rights-of-way without restraints imposed by public, private or common ownerships in a manner inconsistent with the purposes of this subsection. Major pedestrian walks, malls and public transportation loading places, where feasible, shall be separated from general vehicle circulation. Landscaped, paved and comfortably graded pedestrian walks shall be provided along the lines of the most intense use, particularly from building entrances to adjacent buildings, play areas, parking areas and streets. Pedestrian walks shall emphasize desirable views of new and existing development and land areas. Sidewalk, pathway and bikeway width, location and materials shall be governed by the applicable provisions of this Section in lieu of all other local laws, ordinances, rules, regulations and requirements of the town. Buildings shall be arranged to minimize pedestrian exposure to vehicular traffic.

Open Space.

(1)

As used in this Section, the term "open space" includes uncovered and unpaved lands or water areas, in public ownership or in common or other private ownership, except lots under single-family ownership. Lands covered by structures or other improvements may also be deemed to constitute open space under the limited conditions specified in this Section. Large land areas devoted to the uses specified in 5-2-5A(1) shall also be considered open space; and open space may and, where required by this Section, shall be located in areas devoted to any use classification described in 5-2-5A. Open space acceptable for approval under the provisions of this Section shall meet the following standards:

(a)

The public and common open space shall be located and organized to be readily accessible by foot and bicycle to residential populations served thereby, preferably without their having to cross limited access and arterial roadways. In addition, appropriate access and parking for vehicles shall be provided at those locations where town-wide use is anticipated,

(b)

The location, condition, size and configuration of the open space shall be suitable for its use as contemplated in this Article and as proposed in the development plan and/or site plan, such as for recreation, amenity, drainage, flood plain, stormwater storage, protection of water quality, connectors between major open space areas, preservation of wildlife, woodlands, wetlands and outstanding natural features, as well as other uses permitted under 5-2-5A(1) above. Such proposed uses shall be appropriate to the scale and character of the new community, considering its size, density, expected population, topography and the number and types of dwelling units or employment sites to be provided. The use of a piece of open space land for more than one of these open space uses shall be encouraged, yet a balance of such uses shall be maintained such that, for example, all of the open space shall not be buffers along noisy transportation corridors but shall include areas suitable for quiet respite.

(c)

Open space shall be suitably improved for its intended use, but open space containing natural features worthy of preservation may be left unimproved. The buildings, structures and improvements which are permitted in the open space shall be compatible with the natural environment and appropriate to the uses which are proposed for the open space.

(2)

Common Open Space.

(a)

The continued use of common open space for the purposes contemplated in this Section shall be assured through appropriate deed restrictions which shall include a provision that such open space use shall not be materially altered or abridged without the approval of the Town Board.

(b)

Satisfactory arrangements shall be made for the improvement, operation and maintenance of such common open space and facilities. The developer shall provide for and establish an organization for the ownership, operation and maintenance of common open space. In the event that the common open space is not maintained in a manner to avoid becoming unsightly or a nuisance to the public, the town may undertake the necessary maintenance and assess the owners of said common open space.

(c)

In reviewing the organization for the ownership and maintenance of any common open space, the Planning Board shall consider, in addition to other applicable requirements of this Section, the following:

(i)

Time when organization is to be created;

(ii)

Mandatory or automatic nature of membership in the organization by residents;

(iii)

Permanence of arrangements intended to assure continued use of lands as common open space;

(iv)

The liability of the organization for insurance, taxes and maintenance of all facilities;

(v)

Provision for pro rata sharing of costs and assessments;

(vi)

The capacity of the organization to administer common facilities; and

(vii)

The desirability of serving residents from adjoining areas of development.

(d)

As used in this Section, the term "common open space" shall mean a parcel or parcels of land or an area of water or a combination of land and water within the site designated for a NCD, privately owned and designed and intended for the use and enjoyment of two or more households residing in the NCD or in specified portions of the district, or other users if permitted by the owners of the common open space. Common open space may contain such structures and improvements as are necessary and appropriate for the benefit and enjoyment of persons served by such common open space.

(3)

Public Open Space. The standards for the Planning Board's determination whether to recommend Town Board approval of an offer for dedication or other disposition to the town or other public entity of public open space lands shall, without excluding any other applicable requirements of this Section, include the following:

(a)

The need for public open space in the NCD. In determining the manner of public ownership, the usage by the town population outside the NCD shall be considered.

(b)

The potential for an open space connection with other public open space areas.

(c)

The desirability of public access due to the special physical and biological characteristics of the area which make it suitable for public open space uses.

(d)

The desirability of public acquisition of floodways, drainageways and areas subject to flooding for water management and recreational uses.

(e)

Review and acceptability of covenants or similar provisions proposed for inclusion in the dedication instrument, intended to assure that public use remains consistent with the objectives of the development plan and site plan.

Boundary Treatment. The design of improvements and landscaping along the boundaries of a NCD should, to the extent possible, be visually harmonious and functionally compatible with adjoining development. Extensive parking areas, service areas and other features within the NCD and likely to have adverse effects on surrounding property (due, e.g., to adverse views, lights, noise) shall be screened against viewing from first stories outside the district. Similar screening shall also be provided to protect the new community from such adverse effects emanating from outside the NCD.

Underground Utilities. New public and private utility lines and those to be relocated or replaced shall be generally underground.

Aesthetics.

(1)

Materials and design of paving, lighting fixtures, retaining walls, fences, curbs, benches, etc., shall be of good appearance and easily maintained.

(2)

The sides and rear of all buildings shall be designed in such manner as to avoid undue sacrifice of amenity and design values when viewed from side and rear vantage points.

Performance Standards. Without limiting the effect of any state or local law, ordinance or regulation which may be applicable to buildings and structures in a NCD and their effect on the comfort and repose of the community, this Section imposes on new community uses additional performance standards set forth below. Uses in a NCD shall comply with such performance standards as a precondition of occupancy and use. Any use already established in such districts shall not be altered, added to or otherwise modified so as to conflict with, or further conflict with, the performance standards that follow. Such conflict shall be corrected as a precondition of conducting such altered, augmented or modified use.

(1)

Enclosure. All permitted principal and accessory uses and operations which, as a result of not being enclosed, would constitute a nuisance or offense beyond the lot line or which, as a result of not being enclosed, would conflict with any of the specific performance standards set forth in this subsection shall be performed wholly within an enclosed building or buildings.

(2)

Residential Outside Storage. Outside storage or parking of commercial and recreation vehicles, camper bodies, boats and trailers in neighborhood areas on lands occupied for residential purposes shall be prohibited.

(3)

Dust and Smoke. The emission of smoke, soot, fly ash fumes, dust and other types of air pollution borne by the wind shall be controlled so that the rate of emission and quantity deposited beyond the lot shall not be detrimental to or endanger the public health, safety, comfort, welfare or adversely affect property values and shall not exceed the amount permitted by other codes of the state, county or town.

(4)

Odorous Matter. The emission of odorous matter in such quantities as to produce a public nuisance or hazard beyond the lot occupied by the use shall not be permitted.

(5)

Toxic or Noxious Matter. The emission of toxic, noxious or corrosive fumes or gases which would be demonstrably injurious to property, vegetation, animals or human health at or beyond the boundaries of the lot occupied by the use shall not be permitted.

(6)

Noise. The sound pressure level as measured at the edge of a lot and which is produced by a mechanical, electrical or vehicular operation on the lot, where said lot is adjacent to a residential area, shall not exceed the average intensity of the street traffic noise in that residential area. In any event, no sound shall have objectionable intermittence, volume, beat frequency or shrillness characteristics.

(7)

Vibration. Vibrations shall not be permitted beyond the lot line occupied by the use which would be noticeable without the aid of instruments or detrimental to health.

(8)

Radioactive or Electrical Disturbances. Radioactive emission or electromagnetic radiation disturbances which adversely affect any person or equipment at or beyond the boundaries of the property shall not be permitted.

(9)

Incineration Facilities. All incineration facilities shall be enclosed within an approved structure and shall be provided with devices for prevention of emission of smoke, odors, chemical or particulate matters and shall conform to the regulations of Title 6 NYCRR, Part 219, Incinerators, or any applicable state or county requirements.

(10)

Waste Materials. No garbage, rubbish, waste matter or empty containers shall be permitted outside of buildings except in approved containers awaiting pickup within 24 hours. Liquid wastes shall not be discharged into an open body of water or a sewer unless treated or controlled so that the amount of solid substances, oils, grease, acids, alkalines and other chemicals shall not exceed the amount permitted by other codes of the federal, state, county or town governments. Damages resulting from accidental spoilage or emissions of solid, liquid or gaseous waste shall be the responsibility of the offenders.

Signs.

(1)

Freestanding signs in any NCD shall be limited to traffic and pedestrian directional and control signs, signs identifying uses as permitted on the site plan and street signs. Traffic signs and devices shall meet state requirements. Any illuminated sign visible from any public street or from adjoining property used for residential purposes shall be so shaded, shielded, directed or maintained at a sufficiently low level of intensity and brightness that it shall not adversely affect neighboring premises nor the safe vision of operators of vehicles moving on public roads or highways. Signs shall be designed as an integral part of a comprehensive site and landscape plan which shall include a sign system specifying the general type, design, size and location of all signs and all sign controls to be instituted by the new community developer.

(2)

Within a NCD, this subsection shall be applicable in lieu of other town ordinances pertaining to the size, location and appearance of signs.

The Town Board shall find that any proposed dormitories in NCD are consistent with the following:

[Added 9-6-2016 by L.L. No. 10-2016]

The dormitory is located either on the campus or within two (2) miles of the institution it will serve.

Clear and safe pedestrian, bicycle and vehicular connections to the campus it will serve and retail shops and services are available.

Off-street parking consistent with such requirements outside the New Community District are available.

The dormitory will not create traffic and circulation conflicts and/or congestion.

Does not create a concentration of dormitories that will adversely impact surrounding neighborhoods.

Substantial landscape buffers, heavily planted with a mix of deciduous and coniferous trees, is provided for dormitories located either adjacent to or in close proximity to any residences.

The height, density, physical layout, and architectural design is consistent with surrounding development, both within and outside of the New Community District.

§ 5-3 Planned Residential District (PRD)

5-3-1.

Purpose. The purpose of this district is to:

Promote greater flexibility and consequently more creative and imaginative design for the development of residential areas than is generally possible under conventional residential zoning districts;

Meet the growing demand for housing by greater variety in type, design and siting of dwellings;

Encourage conservation and more efficient use of land in such developments and maintenance of high environmental quality throughout the development;

Encourage the most skillful planning of parts of the community generally consistent with the policies of the Comprehensive Plan.

Provide for the utilization of planning criteria in the arrangements of buildings related to common open space;

Utilize topography and other site features to best advantage to obtain creative and coordinated designs;

Expand the scope of land planning and development beyond a concept of homogeneous use within formally defined districts and beyond a concept of individual lots and structures thereon by the planning and development of larger areas with groups of structures erected thereon to create a diversified and coordinated entity.

5-3-2.

Objectives. In order to carry out the intent of this Section, a Planned Residential District (PRD) shall achieve the following objectives:

A varied choice in the types of environment, occupancy, tenure, types and costs of housing, lot sizes and community facilities available to existing and potential town residents;

A more efficient and economical arrangement of land uses, buildings, circulation systems and utilities, resulting in smaller networks of utilities and streets and lessened burden of traffic on streets and highways, thereby lowering utility and maintenance costs born by new development;

Convenience in location of commercial and community service areas;

Sufficient civic and community facilities, carefully integrated with adjoining areas;

Extensive usable open space and recreation areas, appropriate in terms of location, size and suitability for intended function;

The comprehensive design of stormwater retention and proper drainage systems;

Guidance and control of development in flood hazard areas so that life and property both within and without such areas are protected;

Increased safety for all modes of travel, including pedestrian and bicycle;

Preservation, to the greatest extent possible, of such features as trees, outstanding or unique natural topography, including marshlands, and geological features;

Utilization to the best advantage of these and soil characteristics to prevent soil erosion and to create and preserve natural and man-made features which will give increased environmental quality, encourage uses which will maintain high environmental quality and provide an attractive community design. These may include natural woodlands, grasslands, marshlands and lakes;

A creative use of land and related physical development which allows an orderly transition of land from rural to urban uses;

An appropriate balancing or accommodation of the effect of major public or private development elsewhere in the town or its vicinity;

Provision for the orderly updating of long-term, large, scale development plans to reflect changing circumstances within an overall town-approved planning framework; and

A more desirable environment than would be possible through the strict application of other sections of this Zoning Ordinance.

5-3-3.

Use Regulations.

Permitted Uses, Criteria, Standards and Regulations. Uses, criteria, standards and regulations are hereby established with respect to planning of land and the arrangements of buildings and open spaces for those areas which are included in a PRD and which require development and site plan approval. The application of the criteria, uses, standards and regulations set forth in this Section are intended to result in the optimum development and use of land in the Town. They are intended to insure full consideration of every planning element pertinent to the objectives of this Section and the Comprehensive Plan.

District Size.

(1)

Minimum Area. The minimum area required to qualify for a PRD shall be 10 contiguous acres of land. This requirement shall not apply to boundary change amendments in accordance with § 8-4. For purposes of this paragraph, lands separated by streams or drainage courses, highways, streets or other public or private rights of way shall be deemed contiguous. Boundaries should assume reasonably regular configurations, taking advantage of natural features, public rights of way and other clearly defined features as outer perimeters in order to facilitate buffering between the PRD and adjacent areas and in order to minimize the development obstacles created by sharply irregular boundaries resulting from noncontiguous ownership patterns.

(2)

Maximum Area. The maximum area for a PRD shall be 999 acres.

Location of Planned District. The PRD district shall be applicable to any area of the town where the petitioner can demonstrate or the Town Board, on its own initiative or upon recommendation of the Planning Board, determines that the characteristics of the proposed site will meet the objectives of this Section.

Permitted Uses. A PRD designed in accordance with the regulations, standards and design criteria set forth below and in other applicable provisions of this Section may include:

(1)

Principal Uses and Structures.

(a)

All types of single-family dwellings. In developing a balanced community, the use of a variety of housing types, styles and construction methods shall be deemed most in keeping with this Section.

(b)

Multifamily Dwellings.

(c)

Small convenience retail and service facilities except for drive-in restaurants and office facilities designed to serve the needs of residents of the neighborhood and having no advertising outside the building except identification signs as permitted by this Section. Commercial uses shall be provided in appropriate relation to the location and concentration of dwelling units to be served thereby. Limited commercial development designed to be compatible with residential development may be within a primarily residential building or within a building used for commercial purposes only. Such commercial facilities shall be allowed as follows:

Area of PRD	Maximum Gross Floor Area
Under 100 acres	None
100 acres to 200 acres	4,000 square feet
201 acres to 300 acres	10,000 square feet
301 acres to 400 acres	20,000 square feet
401 acres to 500 acres	30,000 square feet
Over 500 acres	40,000 square feet

(d)

Recreation areas and facilities, except activities producing excessive noise.

(e)

Community facilities, including schools, fire and police protection services, cultural and religious facilities and day care centers.

5-3-4.

Development Standards.

Off-Street Parking and Loading. The design criteria set forth in this Section are intended to provide desirable latitude and freedom to encourage variety in the location arrangement and type of uses, to encourage convenience in accessibility to these uses through provision of pedestrian and bicycle pathways and public transportation services and to achieve the efficient sharing of parking and loading facilities by multiple uses. Therefore, in lieu of specific minimum parking and loading requirements and other similar considerations, the following performance standards shall apply:

(1)

Parking facilities shall be landscaped and screened to minimize unsightliness and monotony of parked cars.

(2)

Pedestrian connection between parking areas and buildings shall be along walkways to the extent necessary to assure pedestrian safety.

(3)

Parking facilities shall be designed with careful regard to orderly arrangement, topography, landscaping and ease of access and shall be developed as an integral part of an overall site design.

(4)

Any above grade loading facility shall be screened from public view to the extent necessary to eliminate unsightliness and should be separate from private vehicles and pedestrians where feasible.

(5)

The design of buildings and parking facilities shall take advantage of the topography of the site where appropriate to provide separate levels of access.

(6)

Parking areas in all use areas except open space shall meet the requirements of § 7-1.

(7)

Off street parking and loading spaces shall be provided for all new buildings at the time of erection and for all enlargements of existing buildings and shall be maintained in usable shape and good condition.

(8)

Off street parking and loading spaces shall be provided so as to prevent overflow of parked or standing vehicles onto public or common vehicular or pedestrian rights of way.

Landscaping, Buffering and Screening.

(1)

Landscape Features and Building Arrangements. The design criteria set forth in this Section are intended to provide considerable latitude and freedom to encourage variety in the arrangement of the bulk and shape of buildings, open space and landscape features. Dwellings may be arranged in various groups, courts, sequence or clusters with open spaces organized and related to the dwellings so as to provide privacy and to form a unified composition of buildings and space. Although latitude in design is provided and encouraged, the following design conditions shall, however, be assured in any PRD. Yards, building setback and spacing and building height and shape, landscape features and building arrangement shall be designed in a manner to assure:

(a)

Proper light, air and views for the residents;

(b)

Safety in accommodating pedestrian and vehicular circulation and vehicular storage and service;

(c)

Usability of and convenient access to open space by residents of adjacent dwellings without loss of privacy for the residents of such dwellings;

(d)

Availability of open land for landscaped features, recreation or other private uses;

(e)

Privacy between adjacent buildings and intersecting wings of buildings, from streets, parking and recreation areas;

(f)

The creation of a variety of common open spaces and private areas, through the planning of landscape features such as walls, fences, hedges and other features.

(2)

Landscaping Standards. Landscaping plans shall meet the following standards:

(a)

Landscaping shall provide privacy and screening between uses, with visual, noise and air quality factors considered.

(b)

Landscaping shall contribute to prevention of water runoff and erosion problems. Temporary or permanent protection shall be provided during construction to prevent such problems.

(c)

(d)

The area covered by impervious surfaces such as buildings and paved areas must be accompanied by planted areas as well as other features to hold or carry stormwater runoff. Outdoor planted or grassed areas within parking lots must be not less than five percent of the total vehicular area in parking lots designed for 10 cars or more and shall be suitably distributed so as to relieve any unsightliness and monotony of parked cars.

(e)

Landscape materials shall be appropriate to the growing conditions on the site and the town's environment.

(f)

Natural features such as streams, rock outcrops, escarpments, marshlands, wetlands, topsoil, trees and shrubs, natural contours and outstanding vegetational, topographical and geological features shall be preserved and incorporated in the open space areas and in the landscaping of the development.

(g)

Plastic or other types of artificial plantings or vegetation shall not be permitted. Trees shall be planted adjacent to all residential units so as to provide no less than three trees of a minimum two and one half inch caliper, measured six inches above the ground, per residential unit, including trees previously existent on the site which are preserved. Trees to be planted throughout the district and along the vehicular ways shall include both deciduous and coniferous species in adequate density and design to provide year round benefit of such plantings.

(h)

Trees shall be of numerous species as to minimize the impact and spread of disease.

(3)

Aesthetics.

(a)

Materials and design of paving, lighting fixtures, retaining walls, fences, curbs, benches, etc., shall be of good appearance and easily maintained.

(b)

The sides and rear of all buildings shall be designed in such manner as to avoid undue sacrifice of amenity and design values when viewed from side and rear vantage points.

(4)

Screening. Visual and noise screening devices shall be designed and maintained to serve their intended purposes set forth in this Section. Artificial planting materials shall not be allowed. Landscape screening should be given priority where effective, easily maintained and botanically feasible. Decorative masonry walls in conjunction with berms and plant materials shall be encouraged.

Local Circulation System. Both vehicular and pedestrian access shall be provided to each dwelling, school, recreation area and commercial area.

(1)

Vehicular Circulation.

(a)

The vehicular circulation system and parking facilities shall also be designed to fully accommodate the automobile with safety and efficiency without allowing it to dominate and destroy the form of the area, with screening and buffering as may be required to satisfy the environmental standards of this Section.

(b)

Dwellings and other buildings shall be served by streets, drives or emergency accessways planned so as to assure access by service and emergency vehicles.

(c)

Driveways and streets serving group and cluster developments shall be connected to collector and arterial streets at locations where traffic can be controlled and operated effectively and safely with minimum interference to the capacity of the arterial and collector streets, bicycle routes and pedestrian ways.

(d)

Streets may be either private or public.

(e)

Standards of design and construction for all roads to be dedicated shall meet applicable town standards unless specifically modified as part of the site plan approval. The right of way and pavement widths, locations and designs for private ways, roads and alleys shall conform to generally accepted planning and engineering practices, taking into account the estimated needs of the full proposed development.

(f)

There shall be provision of safe bicycling routes throughout the district which may be coincident with pedestrian ways but which shall be separated from the motorized vehicle system wherever feasible.

(2)

Pedestrian Circulation.

(a)

Pedestrian ways shall connect residential areas with other residential areas, community facilities, schools, recreational areas, commercial areas and public transportation.

(b)

The system of pedestrian walks, malls and landscaped spaces shall be of such extent and the elements of such system shall be so distributed in location and number so as to assure safety of pedestrians from vehicular traffic and encourage pedestrian travel within such system instead of in vehicular rights of way, without restraints imposed by public, private or common ownerships.

(c)

Major pedestrian walks, malls and public transportation loading places where feasible shall be separated from general vehicle circulation.

(d)

Landscaped, paved and comfortably graded pedestrian walks shall be provided, particularly from building entrances to adjacent buildings, play areas, parking areas and streets.

(e)

Sidewalks, pathways and bikeways to be located within a public right of way shall meet town standards as to width, location and materials unless specifically modified as a part of the site plan approval.

Topography and Site Appearance. PRD's shall be designed to take maximum advantage of the topography of the land in order to utilize the natural contours, to provide for water storage and control of water runoff, to protect natural drainage courses, to economize in the construction of utilities, to reduce the amount of grading and to maximize the conservation of trees and topsoil. Significant natural features and other characteristics of the site shall be preserved and incorporated as distinctive features of the development.

Open Space.

(1)

Definition.

(a)

Open space includes:

(i)

Uncovered and unpaved lands or water areas in public, common or other private ownership, except lots under single family ownership;

(ii)

Lands covered by structures or other improvements may also be deemed to constitute open space under the limited conditions specified in this Section;

(iii)

Large areas of land in a natural state;

(iv)

Areas for active and passive recreation;

(v)

Parks and large landscaped or wooded areas;

(vi)

Drainage, runoff areas and flood plain areas and areas for stormwater storage and protection of water quality;

(vii)

Connectors between major open space areas;

(viii)

Pedestrian and bicycle circulation systems;

(ix)

Areas for preservation of wildlife, woodlands, wetlands and outstanding natural features, including geologic and topographic;

(x)

Areas for public or private recreation, public education, community and cultural facilities when approved by the Town Board;

(xi)

Conservation facilities and areas.

(b)

Open space does not include areas covered by roads, buildings, parking areas and driveways, service areas, except for buildings, parts of buildings or parking lots providing natural preservation, recreational or cultural services in conjunction with adjoining open space and school sites.

(c)

As used in this Section, the term "common open space" shall mean a parcel or parcels of land or an area of water, or a combination of land and water within the site designated for a PRD, privately owned and designed and intended for the use and enjoyment of two or more households residing in the PRD, or in specified portions thereof, or other users if permitted by the owners of the common open space. Common open space may contain such structures and improvements as are necessary and appropriate for the benefit and enjoyment of persons served by such common open space.

(2)

Scale and Character. Such proposed uses must be appropriate to the scale and character of the new district, considering its size, density, expected population, topography and the number and types of dwelling units.

(3)

Area and location.

(a)

In any PRD a minimum of 25 percent of the total land area, less the amount used exclusively for nonresidential purposes, must be in open space.

(i)

At least 70 percent of this total open space shall be in private ownership open to the public or in public or common ownership.

(ii)

Any part of the total open space, either in a natural state or improved as permitted by and meeting the standards of this Section, may be offered for dedication or other disposition without cost to the town or other public entity for recreation and other open space uses for use by the public and acceptable to the Town Board and other public entity and to the owner and if accepted constitutes a credit to Paragraph A above. Offers for dedication or other disposition of major open space for public use may be made at any time after approval of the development plan.

(b)

Any public or common open space shall be located and organized to be readily accessible by foot and bicycle to residential populations served thereby (preferably without their having to cross limited access and arterial roadways). In addition, access and parking for vehicles shall be provided where appropriate.

(c)

The location, condition, size and configuration of the open space must be suitable for its use as contemplated for its use and as proposed in the development plan and/or site plan. Lakes or other water areas may not occupy so large a proportion of the major common open space that other open space and recreational uses cannot be adequately provided for.

(4)

Open Space Alterations. The continued use of common open space for the purposes contemplated in this Section shall be assured through appropriate deed restrictions which shall include a provision that such open space use shall not be materially altered or abridged without the approval of the Town Board.

(5)

Physical Improvements.

(a)

Open space must be suitably improved for its intended use, but open space containing natural features worthy of preservation may be left unimproved.

(b)

The buildings, structures and improvements which are permitted in the common open space must be appropriate to the uses which are authorized for the common open space and must conserve and enhance the amenities of the common open space with regard to its topography and unimproved condition.

(6)

Maintenance of Open Space.

(a)

Arrangements must be made for the improvement, operation and maintenance of such common open space and facilities. The developer shall provide for and establish an organization for the ownership, operation and maintenance of common open space.

(b)

(i)

Time when organization is to be created.

(ii)

Mandatory or automatic nature of membership in the organization by residents.

(iii)

Permanence of arrangements intended to assure continued use of lands as common open space.

(iv)

The liability of the organization for insurance, taxes and maintenance of all facilities.

(v)

Provision for pro rata sharing of costs and assessments.

(vi)

The capacity of the organization to administer common facilities.

(vii)

The availability of the open space to residents from areas adjoining the development where requested by the developer.

(7)

Public Open Space. The standards for the Planning Board's determination whether to recommend Town Board approval of an offer for the dedication or other disposition to the town or other public entity of public open space lands shall, without excluding any other applicable requirements of this Section, include the following:

(a)

The need for public open space in the PRD. In determining the manner of public ownership, the usage by the town population outside the PRD shall be considered.

(b)

The potential for an open space connection with other public open space areas.

(c)

The desirability of public access due to the special physical and biological characteristics of the area which make it suitable for public open space uses.

(d)

The desirability of public acquisition of floodways, drainageways and areas subject to flooding for water management and recreational uses.

(e)

Review and acceptability of covenants or similar provisions proposed for inclusion in dedication instrument, intended to assure that public use remains consistent with the objectives of the development plan and site plan.

(8)

Perimeter Treatment. The design of improvements and landscaping along the boundaries of a PRD should be visually harmonious and functionally compatible with adjoining development. Extensive parking areas, service areas and other features likely to have adverse effects on surrounding property (due, e.g., to adverse views, lights, noise) shall be screened against viewing from first stories both inside and outside the district. Screening shall also be provided to protect against lights, noise or other undesirable conditions in the surroundings.

Utilities. New public and private utilities and those relocated or replaced shall be generally underground.

Signs.

(1)

Freestanding signs in a PRD shall be limited to traffic and pedestrian directional and control signs, street signs and signs identifying the development.

(2)

One identification sign shall be permitted for each nonresidential use, identifying use on the premises as permitted on the site plan, of not more than 20 square feet, not projecting beyond the building to which it is attached more than 12 inches, not projecting more than 10 feet in height above grade.

(3)

Any illuminated sign visible from any public street or from adjoining property used for residential purposes shall be so shaded, shielded, directed or maintained at a sufficiently low level of intensity and brightness that it shall not adversely affect neighboring premises nor the safe vision of operators of vehicles moving on public roads or highways.

(4)

Signs shall be designed as an integral part of a Coordinated Sign Plan in accordance with § 8-11.

(5)

All permitted principal and accessory uses and operations which, as a result of not being enclosed, would constitute a nuisance or offense beyond the lot line, or which as a result of not being enclosed would conflict with any of the specific performance standards set forth in this subsection, shall be performed wholly within an enclosed building or buildings.

(6)

Outside storage or parking of commercial or recreation vehicles, camper bodies, boats and trailers on lands occupied for residential purposes shall be prohibited.

§ 5-4 Planned Development District (PDD)

5-4-1.

Purpose. The PDD provides an area for coordinated mixed use developments that include residential, public and civic, mixed residential and office and commercial uses. The variety of land uses available in this district allows flexibility to respond to market demands and the needs of tenants, which provides for a variety of physically and functionally integrated land uses.

5-4-2.

Use Regulations.

Permitted Uses, Criteria, Standards and Regulations. Uses, criteria, standards and regulations are hereby established with respect to planning of land and the arrangements of buildings and open spaces for those areas which are included in a PDD and which require development and site plan approval. The application of the criteria, uses, standards and regulations set forth in this Section are intended to result in the optimum development and use of land in the Town. They are intended to insure full consideration of every planning element pertinent to the objectives of this Section and the Comprehensive Plan. Conditions placed on individual use areas of a PDD shall supersede regulations elsewhere in this Ordinance, unless otherwise noted.

Minimum District Size. The minimum area required to qualify for a PDD shall be 10 contiguous acres of land. This requirement shall not apply to boundary change amendments to existing PDDs in accordance with § 8-2-2J. For purposes of this paragraph, lands separated by streams or drainage courses, highways, streets or other public or private rights of way shall be deemed contiguous. Boundaries should assume reasonably regular configurations, taking advantage of natural features, public rights of way and other clearly defined features as outer perimeters in order to facilitate buffering between the PDD and adjacent areas and in order to minimize the development obstacles created by sharply irregular boundaries resulting from noncontiguous ownership patterns.

Location of PDD. The PDD shall be applicable to any area of the town where the petitioner can demonstrate or the Town Board, on its own initiative or upon recommendation of the Planning Board, determines that the characteristics of the proposed site will meet the objectives of this Section.

Permitted Uses.

(1)

A PDD containing only residential development shall contain a balance of housing types, including a minimum of three of the following housing.

(a)

Single-family residential;

(b)

Patio home (see § 6-2-4);

(c)

Zero lot line home (see § 6-2-6);

(d)

Single-family attached dwelling;

(e)

Multifamily attached dwelling; or

(f)

Senior citizen housing.

(2)

A PDD with residential and nonresidential uses shall contain a mix of residential, public and civic, office and commercial uses in accordance with the table below.

Use		Not Less Than	Not More Than
Residential
	Upper-Story Dwelling	10% of total nonresidential floor area for structures listed below	15 units/acre
	All Other Residential	0% of total nonresidential floor area	50% of total nonresidential floor area
Nonresidential
Public and Civic		5% of total nonresidential floor area	50% of total nonresidential floor area
Commercial		0% of total nonresidential floor area	50% of total nonresidential floor area
Office		0% of total nonresidential floor area	50% of total nonresidential floor area

(3)

(4)

Outside storage or parking of commercial or recreation vehicles, camper bodies, boats and trailers on lands occupied for residential purposes shall be prohibited.

5-4-3.

Development Standards.

(1)

Pedestrian connection between parking areas and buildings shall be along walkways to the extent necessary to assure pedestrian safety.

(2)

Parking facilities shall be designed with careful regard to orderly arrangement, topography, landscaping and ease of access and shall be developed as an integral part of an overall site design.

(3)

Any above-grade loading facility shall be screened from public view to the extent necessary to eliminate unsightliness and should be separate from private vehicles and pedestrians where feasible.

(4)

The design of buildings and parking facilities shall take advantage of the topography of the site where appropriate to provide separate levels of access.

(5)

Parking areas in all use areas except open space shall meet the requirements of § 7-1.

(6)

Off-street parking and loading spaces shall be provided for all new buildings at the time of erection and for all enlargements of existing buildings and shall be maintained in usable shape and good condition.

(7)

Off-street parking and loading spaces shall be provided so as to prevent overflow of parked or standing vehicles onto public or common vehicular or pedestrian rights of way.

Landscaping, Buffering and Screening.

(1)

Landscape Features and Building Arrangements. The design criteria set forth in this are intended to provide considerable latitude and freedom to encourage variety in the arrangement of the bulk and shape of buildings, open space and landscape features. Buildings may be arranged in various groups, courts, sequence or clusters with open spaces organized and related to the buildings so as to provide privacy and to form a unified composition of buildings and space. Although latitude in design is provided and encouraged, the following design conditions shall, however, be assured in any PDD. Yards, building setback and spacing and building height and shape, landscape features and building arrangement shall be designed in a manner to assure:

(a)

Proper light, air and views for the residents, tenants and the public;

(b)

Safety in accommodating pedestrian and vehicular circulation and vehicular storage and service;

(c)

Usability of and convenient access to open space;

(d)

Screening to minimize the unsightliness and monotony of parked cars;

(e)

Availability of open land for landscaped features, recreation or other private uses;

(f)

Privacy between adjacent buildings and intersecting wings of buildings, from streets, parking and recreation areas;

(g)

The creation of a variety of common open spaces and private areas, through the planning of landscape features such as walls, fences, hedges and other features.

(2)

Landscaping Standards. Landscaping plans shall meet the following standards:

(a)

Landscaping shall provide privacy and screening between uses, with visual, noise and air quality factors considered.

(b)

Landscaping shall contribute to prevention of water runoff and erosion problems. Temporary or permanent protection shall be provided during construction to prevent such problems.

(c)

Landscape treatment for public and private plazas, roads, paths, service and parking areas shall be designed as an integral part of an entire project and shall combine with walks and street surfaces, and such requirements shall be in lieu of any other Town requirement for trees in public street rights of way.

(d)

(e)

Landscape materials shall be appropriate to the growing conditions on the site and the Town's environment.

(f)

Natural features such as streams, rock outcrops, escarpments, marshlands, wetlands, topsoil, trees and shrubs, natural contours and outstanding vegetational, topographical and geological features are encouraged to be preserved and incorporated in the open space areas and in the landscaping of the development.

(g)

Plastic or other types of artificial plantings or vegetation shall not be permitted. Trees shall be planted adjacent to all residential units so as to provide no less than three trees of a minimum two and one half inch caliper, measured six inches above the ground, per residential unit, including existing trees on the site which are preserved. Trees to be planted throughout the district and along the vehicular ways shall include both deciduous and coniferous species in adequate density and design to provide year round benefit of such plantings.

(h)

Trees shall be of numerous species as to minimize the impact and spread of disease.

(3)

Aesthetics.

(a)

Materials and design of paving, lighting fixtures, retaining walls, fences, curbs, benches, etc., shall be of good appearance and easily maintained.

(b)

The sides and rear of all buildings shall be designed in such manner as to avoid undue sacrifice of amenity and design values when viewed from side and rear vantage points.

(4)

Local Circulation System. Both vehicular and pedestrian access shall be provided to each dwelling, school, recreation area and commercial area.

(1)

Vehicular circulation.

(a)

The vehicular circulation system and parking facilities shall be designed to fully accommodate the automobile safely and efficiently without allowing it to dominate and destroy the form of the area, and with screening and buffering as may be required to satisfy the environmental standards of this Section.

(b)

Dwellings and other buildings shall be served by streets, drives or emergency accessways planned to assure access by service and emergency vehicles.

(c)

(d)

Streets may be either private or public.

(e)

(f)

(2)

Pedestrian Circulation.

(a)

Pedestrian ways shall connect residential areas with other residential areas, community facilities, schools, recreational areas, commercial areas and public transportation.

(b)

(c)

Major pedestrian walks, malls and public transportation loading places where feasible shall be separated from general vehicle circulation.

(d)

Landscaped, paved and comfortably graded pedestrian walks shall be provided, particularly from building entrances to adjacent buildings, play areas, parking areas and streets.

(e)

Topography and Site Appearance. PDD's shall be designed to take maximum advantage of the topography of the land in order to utilize the natural contours, to provide for water storage and control of water runoff, to protect natural drainage courses, to economize in the construction of utilities, to reduce the amount of grading and to maximize the conservation of trees and topsoil. Significant natural features and other characteristics of the site shall be preserved and incorporated as distinctive features of the development.

Open Space.

(1)

Definition.

(a)

Open space includes:

(i)

Uncovered and unpaved lands or water areas in public, common or other private ownership, except lots under single family ownership;

(ii)

Lands covered by structures or other improvements may also be deemed to constitute open space under the limited conditions specified in this Section;

(iii)

Large areas of land in a natural state;

(iv)

Areas for active and passive recreation;

(v)

Parks and large landscaped or wooded areas;

(vi)

Drainage, runoff areas and flood plain areas and areas for stormwater storage and protection of water quality;

(vii)

Connectors between major open space areas;

(viii)

Pedestrian and bicycle circulation systems;

(ix)

Areas for preservation of wildlife, woodlands, wetlands and outstanding natural features, including geologic and topographic;

(x)

Areas for public or private recreation, public education, community and cultural facilities when approved by the Town Board;

(xi)

Conservation facilities and areas.

(b)

(c)

As used in this Section, the term "common open space" shall mean a parcel or parcels of land or an area of water, or a combination of land and water within the site designated for a PDD, privately owned and designed and intended for the use and enjoyment of two or more households residing in the PDD, or in specified portions thereof, or other users if permitted by the owners of the common open space. Common open space may contain such structures and improvements as are necessary and appropriate for the benefit and enjoyment of persons served by such common open space.

(2)

(3)

Area and location.

(a)

In any PDD a minimum of 25 percent of the total land area, less the amount used exclusively for nonresidential purposes, must be in open space.

(i)

At least 70 percent of this total open space shall be in private ownership open to the public or in public or common ownership.

(ii)

Any part of the total open space, either in a natural state or improved as permitted by and meeting the standards of this Section, may be offered for dedication or other disposition without cost to the town or other public entity for recreation and other open space uses for use by the public and acceptable to the Town Board and other public entity and to the owner and if accepted constitutes a credit to paragraph (a) above. Offers for dedication or other disposition of major open space for public use may be made at any time after approval of the development plan.

(b)

(c)

(4)

(5)

Physical Improvements.

(a)

Open space must be suitably improved for its intended use, but open space containing natural features worthy of preservation may be left unimproved.

(b)

(6)

Maintenance of Open Space.

(a)

Arrangements must be made for the improvement, operation and maintenance of such common open space and facilities. The developer shall provide for and establish an organization (such as, but not limited to a nonprofit conservation agency or a homeowners association) for the ownership, operation and maintenance of common open space.

(b)

(i)

Time when organization is to be created.

(ii)

Mandatory or automatic nature of membership in the organization by residents.

(iii)

Permanence of arrangements intended to assure continued use of lands as common open space.

(iv)

The liability of the organization for insurance, taxes and maintenance of all facilities.

(v)

Provision for pro rata sharing of costs and assessments.

(vi)

The capacity of the organization to administer common facilities.

(vii)

The availability of the open space to residents from areas adjoining the development where requested by the developer.

(7)

(a)

The need for public open space in the PDD. In determining the manner of public ownership, the usage by the town population outside the PDD shall be considered.

(b)

The potential for an open space connection with other public open space areas.

(c)

The desirability of public access due to the special physical and biological characteristics of the area which make it suitable for public open space uses.

(d)

The desirability of public acquisition of floodways, drainageways and areas subject to flooding for water management and recreational uses.

(e)

(8)

Perimeter Treatment. The design of improvements and landscaping along the boundaries of a PDD should be visually harmonious and functionally compatible with adjoining development. Extensive parking areas, service areas and other features likely to have adverse effects on surrounding property (due, e.g., to adverse views, lights, noise) shall be screened against viewing from first stories both inside and outside the district. Screening shall also be provided to protect against lights, noise or other undesirable conditions in the surroundings.

Utilities. New public and private utilities and those relocated or replaced shall be generally underground.

Signs.

(1)

Freestanding signs in a PDD shall be limited to traffic and pedestrian directional and control signs, street signs and signs identifying the development.

(2)

Pole signs shall be prohibited in a PDD.

(3)

(4)

§ 5-5 Community Facilities District (CF)

5-5-1.

Purpose. To provide a special zoning classification for public and semipublic facilities, including governmental, religious, educational, protective and other civic facilities in order to insure the proper location of such facilities in relation to transportation and other land uses within the town, compatibility of such facilities with adjacent development and proper site design and land development.

5-5-2.

Principal and Special Uses.

Permitted Uses and Structures.

[Amended 2-4-2008 by L.L. No. 1-2008; 12-19-2011 by L.L. No. 34-2011; 2-24-2014 by L.L. No. 5-2014;[1] 7-7-2014 by L.L. No. 23-2014]

CF	Permitted	Special Use	Standards
OPEN USES
No open uses allowed[2]
PUBLIC AND CIVIC USES
Airport
Basketball, baseball or football facility
Cemetery or mausoleum			§ 6-3-1
Civic association
College, university, technical or theological school
Day-care center			§ 6-3-2
Fraternal organization
Fraternity or sorority house [Added 9-6-2016 by L.L. No. 10-2016]			§ 6-2-8
Golf course or country club
Government structure or use
Hospital
Ice-skating facility[3]
Library
Minor utilities
Museum[4]
Place for public assembly
Place of worship			§ 6-3-3
Private club
Public or private school
Public recreation facility
Public utility service structure or facility
Senior or youth center
Swimming facility
Telecommunication facility			§ 6-7
Tennis, racquetball or handball facility
Wildlife reservation or conservation project
COMMERCIAL
Private parking facility[5]			§ 6-4-8
INDUSTRIAL
No industrial uses allowed

(1)

All structures or site plans for residential uses, non-profit institutions providing care and protection of persons, and human health care institutions providing in-patient care that have been legally constructed in conformance with the Zoning Ordinance prior to (effective date of local law) shall be considered conforming for a period of one (1) year from (effective date of local law). All structures determined to be nonconforming shall adhere to Part 9 of this Ordinance.

[Added 7-20-2015 by L.L. No. 20-2015]

[1]

Editor's Note: This local law provided an effective date of 8-1-2014.

[2]

Editor's Note: The category of "residential uses," which immediately followed this entry, was repealed 7-20-2015 by L.L. No. 20-2015.

[3]

Editor's Note: The entry for "indoor recreation facility, excluding any outdoor recreational activities," which immediately followed this entry, was repealed 7-20-2015 by L.L. No. 20-2015.

[4]

Editor's Note: The entry for "non-profit institution providing care and protection of persons," which immediately followed this entry, was repealed 7-20-2015 by L.L. No. 20-2015.

[5]

Editor's Note: The entry for "human health care institutions providing in-patient care," which immediately preceded this entry, was repealed 7-20-2015 by L.L. No. 20-2015.

Dimensional Standards.

For parcels 30 acres in size or more as of (effective date), the Planned Unit Development Process is required. See § 6-9.

[Added 5-20-2013 by L.L. No. 8-2013; amended 11-3-2014 by L.L. No. 39-2014]

CF Principal Use Dimensional Standards			Vehicle Use Area
Min. lot width		None
Min. front yard [Amended 10-17-2022 by L.L. No. 19-2022]
	Height of structure for first 35 ft.	20 ft	15 ft*
	Height of structure for any portion of building above 35 ft.	30 ft	15 ft*
Min. rear yard (abutting residential**/nonresidential)		See § 2-5-4B(3)/ 15 ft	10 ft* / 5 ft*
Min. side yard (abutting residential**/nonresidential)		See § 2-5-4B(3)/ 15 ft	10 ft* / 5 ft*
Max. height		65 ft

*	The entire area must be landscaped
**	R-R, S-A, R-1, R-2, R-3, CR-3A, TR-3, R-4, MFR-4A, MFR-5, MFR-6, MFR-7, PRD, PDD, PRD, NCD
	See § 4-8-2 for determining side yards for corner lots. [Added 2-8-2016 by L.L. No. 2-2016]

Minimum Lot Area. The area or parcel of land for a permitted community facility shall be required to provide area adequate for the main and accessory buildings, off-street parking, loading and stacking and landscaping and other accessory uses, yards and open spaces.

Maximum Building Coverage. Maximum building coverage by structures shall be as use, yard, off street parking, loading and stacking and landscaping requirements permit.

5-5-3.

Accessory Uses and Structures.

Permitted Accessory Uses and Structures.

CF Permitted Accessory Uses and Structures	Standards
Landscaping	§ 7-2
Off-street parking, loading, and stacking	§ 7-1
Private schools and day-care centers, accredited when required by NYS, when accessory to a place of worship
Residence for staff
Solar energy systems [Added 12-11-2017 by L.L. No. 24-2017]	§ 6-10
Signs	§ 7-8
Small wind energy system [Added 8-17-2009 by L.L. No. 12-2009]	§ 6-8-14
Other uses and structures customarily incidental to the principal use

Dimensional Standards. The dimensional standards for an accessory use or structure shall be the same as those for the principal use in § 5-5-2B.

5-5-4.

General Development Standards.

Fences, walls or plantings or other screening materials may be required to provide visual screening between adjacent structures and uses and parking or other areas or uses on the parcel.

Outdoor recreation activities shall not be permitted within 50 feet from an abutting residential district.

Exterior wall surfaces of buildings shall be of masonry, wood, glass or metal or a combination facing of these materials. Exterior wall facings and mansard roofs shall not include asbestos or corrugated metal products. Any side or rear wall facing a street, residential district or public or semi-public area shall consist of the same facing materials as the building front.

Interior side or rear yards separating parking, loading and stacking area from lot lines are not required for unified developments.

Development in the CF district shall also comply with the requirements referenced in the table below.

CF General Development Standards
Off-Street Parking, Loading and Stacking	§ 7-1
Landscaping, Buffers and Screening	§ 7-2
Site Lighting	§ 7-3
Outdoor Storage and Display	§ 7-4
Fences and Walls	§ 7-5
Access and Circulation	§ 7-6
Provisions for Flood Hazard Reduction	§ 7-7
Sign Regulations	§ 7-8
Performance Standards	§ 7-9
Bulk Storage of Combustible or Flammable Liquids	§ 7-10

§ 5-6 Traditional Neighborhood Development District (TND)

5-6-1.

Purpose. To provide for new, greenfield development of fully integrated, mixed-use, pedestrian-oriented neighborhoods that encourage walkability and minimize traffic congestion, sprawl, infrastructure costs and environmental degradation based on the following principles:

Traditional neighborhood business districts have identifiable centers and edges that are consistent in scale and context with the surrounding neighborhood;

Uses and housing types are mixed or in close proximity to one another;

Density is highest in the center of the district and decreases with distance from the center;

Serve as a foci of community activity in Amherst;

Are designed to encourage walking, biking, and use of public transportation as alternatives to automobile trips;

Streets are interconnected and blocks are small; and

Civic buildings and community facilities are given prominent sites in the neighborhood.

5-6-2.

Principal and Special Uses.

Permitted Uses and Structures.

TND	Permitted	Special Use	Standards
OPEN USES
No open uses allowed
RESIDENTIAL USES
Single-family detached			§ 3-8-2B
Attached dwelling (up to four units)
Patio home			§ 6-2-4
Upper-story dwelling			§ 6-2-6
Zero lot line home			§ 6-2-7
PUBLIC AND CIVIC USES
Civic association (upper story only)
Daycare center, nursery or other private school
Fraternal organization (upper story only)
Government structure or use
Library
Museum
Park or open space
Place for public assembly
Place of worship			§ 6-3-3
Telecommunication facility			§ 6-7
COMMERCIAL
Advertising agency
Animal grooming, animal hospital or veterinarian			§ 6-4-1
Antiques and second-hand merchandise store
Apparel and accessories store
Apparel repair and alterations and shoe repair shop
Bank
Bakery or confectionary shop (retail)
Beauty or barber shop
Bed and breakfast			§ 6-4-2
Book and stationery store			§ 6-4-7 [Amended 12-19-2011 by L.L. No. 34-2011]
Contracting or construction services			§ 6-4-4
Drug store			§ 4-8-4
Food store
Hardware store
Home furnishing store
Home garden store
Jewelry store
Job printing or photography store
Ice store
Laundromat, cleaning and dyeing outlets and pickup			§ 6-4-6 [Amended 12-19-2011 by L.L. No. 34-2011]
Liquor store
Office
Personal training facility [Added 2-4-2008 by L.L. No. 1-2008]
Photography studio [Added 2-4-2008 by L.L. No. 1-2008]
Printing and photocopying store
Radio or television station [Added 4-12-2010 by L.L. No. 2-2010]
Recording studio [Added 4-12-2010 by L.L. No. 2-2010]
Restaurant with outdoor dining			§ 6-4-9 [Amended 12-19-2011 by L.L. No. 34-2011]
Restaurant without drive-through
Service station			§ 6-4-10 [Amended 12-19-2011 by L.L. No. 34-2011]
Sporting goods or bicycle store
INDUSTRIAL
No industrial uses allowed

Dimensional Standards.

TND Principal Use Dimensional Standards		Vehicle Use Area
Minimum district area	40 acres
Min. lot width	30 ft
Min. front yard	None/see § 2-5-2A(2)
Max. front yard	6 ft
Min. rear yard (abutting residential/nonresidential)	15 ft/none required	25 ft/15 ft
Min. side yard (abutting residential/nonresidential)	15 ft/none required	25 ft/15 ft
Max. height	50 ft
Min. height	26 ft
Max. building coverage	55%
Min. interior building separation	None required[1]

[1]

Editor's Note: The diagram which immediately followed this table was repealed 2-8-2016 by L.L. No. 2-2016.

5-6-3.

Accessory Uses and Structures.

TND Permitted Accessory Uses and Structures	Standards
Landscaping	§ 7-2
Off-street parking, loading, and stacking	§ 7-1
Signs	§ 7-7
Small wind energy system [Added 8-17-2009 by L.L. No. 12-2009]	§ 6-8-14
Uses and structures customarily incidental to the principal use

Dimensional Standards. The dimensional standards for an accessory use or structure shall be a maximum of 20 feet in height with the required yard areas the same as those for the principal use in § 5-6-2B.

[Amended 8-20-2012 by L.L. No. 15-2012; 11-30-2020 by L.L. No. 17-2020]

5-6-4.

General Development Standards.

Mix of Uses. The following table establishes the minimum and maximum land allocation that shall be devoted to various land uses in a TND District. The land use allocations in the table below may be applied to multi-story buildings and to unified developments.

Use		Not Less Than	Not More Than
Residential
	Upper-Story Dwelling	10% of floor area of nonresidential structures listed below	200% of total nonresidential floor area
	All Other Residential	0% of floor area	10 units / acre
Nonresidential
Public and Civic		5% of floor area	50% of floor area
Commercial
	Office Uses	30% of floor area	80% of floor area
	All Commercial Uses (excluding office uses)	5% of floor area	15% of floor area

Off-Street Parking, Loading and Stacking Facilities.

(1)

No drive-through facility shall be allowed to face any street within the TND District.

(2)

No vehicle use area shall be permitted between the front building line and any street except for alleys. Such areas shall be located to the interior side or rear of the lot.

(3)

No vehicle use area shall abut a public and civic use or open space nor shall such use terminate a vista.

(4)

The minimum parking requirements in § 7-1-6A shall apply. In addition, there shall be a maximum of one parking space per 300 square feet of gross floor area for all office uses and one parking space per 500 square feet of gross floor area for all other uses.

Other Development Standards.

(1)

Any particular acre of a TND development may contain a maximum of 30 dwelling units, provided that the average residential density of the entire TND development shall not exceed 15 dwelling units per acre.

(2)

A commercial tenant other than an office shall have a maximum gross floor area of 25,000 square feet.

(3)

The Planning Board may approve alternative landscape improvements in the TND District in lieu of strict compliance with the landscape standards in § 7-2-3A(2) and § 7-2-3A(3), provided that such improvements are in accord with the purpose of the TND District and the purpose of § 7-2.

(4)

All principal and accessory uses, except signs and off-street parking, loading and stacking, shall be conducted within completely enclosed structures.

(5)

Development in the TND District shall also comply with the requirements referenced in the table below.

TND General Development Standards
Off-Street Parking, Loading and Stacking	§ 7-1
Landscaping, Buffers and Screening	§ 7-2
Site Lighting	§ 7-3
Outdoor Storage and Display	§ 7-4
Fences and Walls	§ 7-5
Access and Circulation	§ 7-6
Provisions for Flood Hazard Reduction	§ 7-7
Sign Regulations	§ 7-8
Performance Standards	§ 7-9
Bulk Storage of Combustible or Flammable Liquids	§ 7-10

§ 5-7 Traditional Neighborhood Business Overlay District (TNB).

[Amended 5-17-2010 by L.L. No. 8-2010]

5-7-1.

Purpose. To provide for the development and redevelopment of fully integrated, mixed-use centers that promote pedestrian-oriented neighborhoods, encourage walkability and minimize traffic congestion, sprawl, infrastructure costs and environmental degradation based on the following principles:

Traditional neighborhood business districts have identifiable centers and edges that are consistent in scale and context with the surrounding neighborhood;

Uses and housing types are mixed or in close proximity to one another or mixed within the same property and/or building;

Serve as a focus of community activity in Amherst;

Are designed to encourage walking, biking, and use of public transportation as alternatives to automobile trips;

Streets are interconnected and blocks are small;

Civic buildings and community facilities are given prominent sites in the neighborhood;

Multi-story buildings are encouraged where appropriate; and

Conflicts between vehicles and pedestrians are reduced.

5-7-2.

Principal and Special Uses.

Permitted Uses and Structures.

(1)

All uses allowed by the underlying zoning district are permitted in the -TNB Overlay District.

(2)

The following uses are also included as permitted:

(a)

Public parking;

(b)

Upper-story dwelling units subject to the standards in § 6-2-6.

(3)

The following uses, if allowed in the underlying zoning, shall be considered allowable uses within the -TNB overlay and must meet the requirements of § 5-7-6 and § 6-4.

[Amended 12-19-2011 by L.L. No. 34-2011]

(a)

Bank and retail pharmacy drive-through establishments;

(b)

Motor vehicle service station;

(c)

House and camping trailer sales;

(d)

Vehicle sales, rental, leasing and repair;

(e)

Farm equipment sales or service.

(4)

The following use is prohibited:

(a)

Restaurant with drive-through.

Dimensional Standards. The following dimensional standards shall apply to the -TNB Overlay District.

-TNB Principal Use Dimensional Standards
	SubZone '1' [Amended 12-19-2011 by L.L. No. 34-2011; 11-5-2012 by L.L. No. 17-2012]	SubZone '2' Subzone '3' [Amended 11-5-2012 by L.L. No. 17-2012]
Min. lot width	30 ft	30 ft
Min. front yard	None	None
Max. front yard	6 ft	15 ft
Min. rear yard (abutting residential/nonresidential)	15 ft/none required	15 ft/none required
Min. rear yard parking (abutting residential/nonresidential)	10 ft/5 ft	10 ft/5 ft
Min. side yard (abutting residential/nonresidential)	15 ft/None or 10 ft min if not on lot line [Amended 8-1-2011 by L.L. No. 19-2011]	15 ft/none required
Min. side yard parking (abutting residential/nonresidential)	10 ft/5 ft	10 ft/5 ft
Min. front yard parking	5 ft	5 ft
Min. Facade Frontage See § 5-7-2B(3) below	60%	50%
Max. height	50 ft (4 stories)	35 ft (3 stories)
Min. height (new construction)	26 ft	26 ft
Max. impervious coverage	90%	90%
Min. interior building separation	None required	None required

(1)

All structures or site plans legally constructed in conformance with the Zoning Ordinance prior to the approval of the -TNB district shall be considered conforming. All modifications to such structures or sites which do not increase the degree of non-conformity to these -TNB regulations shall be considered conforming. All structures determined to be nonconforming shall adhere to Part 9 of this Ordinance.

[Amended 3-4-2019 by L.L. No. 6-2019]

(2)

Site areas consisting of pervious asphalt, concrete or similar landscaping materials designed to permit the absorption of stormwater shall not count as impervious coverage.

(3)

The minimum facade frontage only applies to lots greater than 150 feet in width.

5-7-3.

Accessory Uses and Structures.

Permitted Accessory Uses and Structures. All accessory uses allowed by the underlying zoning district are permissible in the -TNB Overlay District.

Dimensional Standards. The dimensional standards for an accessory use or structure shall be the same as those for the principal use in § 5-7-2B above and must meet the requirements of § 6-8.

[Amended 12-19-2011 by L.L. No. 34-2011[1]]

[1]

Editor's Note: This history was inserted here pursuant to L.L. No. 34-2011, Section 2, item 3, which provided as follows: “§3.5-7-3B Revise to add ‘§5-7-2B above and must meet the requirements of §6-8.”

5-7-4.

General Development Standards.

Impervious Surface Area. Developed properties existing prior to the approval of the -TNB district which seek approval of a modification to a previously approved site plan shall be permitted, with approval of the Planning Board or Planning Director, as applicable, to exceed the maximum impervious surface area limits provided that:

(1)

The work removes or relocates two or more existing front yard parking spaces to the side or rear of the building, and;

(2)

The work provides improved front yard landscaping/pedestrian buffer, as defined in § 5-7-9C and;

(3)

The impervious surface area of the property overall is decreased.

All properties are required to provide sidewalks a minimum of five feet in width for the full width of the lot frontage.

All principal and accessory uses, except signs and off-street parking, loading and stacking, shall be conducted within completely enclosed structures.

Development in the -TNB Overlay District shall also comply with the requirements referenced in the table below.

-TNB General Development Standards
Building Design Standards	§ 5-7-8
Off-Street Parking, Loading and Stacking	§ 7-1, § 5-7-5
Landscaping, Buffers and Screening	§ 7-2, § 5-7-9
Site Lighting	§ 7-3
Outdoor Storage and Display	§ 7-4
Fences and Walls	§ 7-5
Access and Circulation	§ 7-6
Provisions for Flood Hazard Reduction	§ 7-7
Sign Regulations	§ 7-8, § 5-7-7
Performance Standards	§ 7-9
Bulk Storage of Combustible or Flammable Liquids	§ 7-10

5-7-5.

Off-Street Parking, Loading and Stacking. All off-street parking, loading and stacking requirements of § 7-1 shall apply to properties within the -TNB Overlay, with the following modifications.

[Amended 3-4-2019 by L.L. No. 6-2019]

Parking Requirements.

Schedule of Parking Requirements (per square feet net floor area) [Amended 12-19-2011 by L.L. No. 34-2011]
COMMERCIAL USES	Minimum Parking Spaces
Office, professional (not including medical offices)	3 per 1,000 sf
Retail sales and service over 2,000 but less than 25,000 sf	3.5 per 1,000 sf
Shopping center and retail sales and service (25,000 to 200,000 sf)	3 per 1,000 sf, plus 1 per 5 seats in sit-down restaurants and theaters

All new or expanded parking areas must be located in the rear or side yards of the building. No new or expanded parking areas are permitted in the front yard for new construction. For the purposes of this provision, corner lots shall count both street frontages as front yard areas.

Mixed use parking. Mixed use developments consisting of both residential and non-residential uses may be permitted a reduction in required parking spaces based on the reasonable expectation that there would be staggered parking demands between the two. Such reduction may be approved by the Zoning Enforcement Officer as an alternative parking plan in accordance with § 7-1-7.

Applications for site plan approval may be required to consolidate or reduce the width of any existing curb cuts and provide vehicular links to adjacent parking areas as may be deemed appropriate by the Planning Board or Planning Director, as applicable.

Residential and nonresidential uses shall have vehicular access to local, collector and arterial streets. The number and location of the curb cuts shall be approved by the highway authority having jurisdiction over the street from which access is being taken. A curb cut for a corner parcel at the intersection of any streets shall be located the maximum practical distance from the intersection point of the rights-of-way of the intersecting streets, without intrusion into any required buffer.

5-7-6.

Commercial Use Standards.

Drive-through establishments — General.

(1)

New drive-through facilities are permitted only as part of an approved structure which is two or more stories in height. Such upper floors must provide occupiable space located along the front facade of the structure.

(2)

New drive-through facilities shall be limited to a single curb cut arrangement [Figure 1], except at corner sites where there may be permitted a curb cut for each frontage on a public street.

(3)

No drive-through facility shall be located between a public right-of-way and a principal structure.

(4)

See § 4-8-4 for additional requirements.[2]

Figure 1

[2]

Editor's Note: Former Subsection B, Motor Vehicle Service Stations, and Subsection C, House and Camping Trailer Sales; Vehicle Sales, Rental, Leasing and Repair; Farm Equipment Sales or Service, were repealed 12-19-2011 by L.L. No. 34-2011. See now § 6-4-5 and § 6-4-10D.

5-7-7.

Sign Regulations. All sign regulations of § 7-8 shall apply to properties within the -TNB Overlay, with the following modifications.

Permitted Signs. All signs permitted under § 7-8, except as noted below.

Prohibited Signs. All signs prohibited under § 7-8, and those noted below.

(1)

Freestanding pole mounted signs.

(2)

Message center signs.

(3)

Internally illuminated cabinet or "box" style signs which do not meet the Sign Lighting Standards of this section.

Sign Dimensions.

(1)

Ground signs shall not exceed five feet in height and 50 square feet in area.

(2)

Wall sign area shall not exceed one square foot of area per linear foot of facade frontage, but shall not be required to be less than ten square feet.

Sign Lighting Standards. Sign lighting, if provided, shall be employed through one of the following methods.

(1)

Externally lit — Externally lit with the use of shielded fixtures mounted directly above or below the sign area which directs light at the immediate sign surface, such as with gooseneck lamps [Figure 3].

Figure 3

(2)

Internally lit channel lettering — Internally lit surface applied channel lettering where the face of each individual letter or logo is the only portion of the sign which is translucent or illuminated [Figure 4].

Figure 4

(3)

Internally lit cabinet sign — Internally lit cabinet sign where the lettering or logo itself is the only portion of the sign cabinet which is translucent or illuminated, provided that the cabinet is recessed into and flush with the surface of the facade so as to be architecturally integrated with the design [Figures 5 and 6].

Figure 5 (Night Photo)

Figure 6 (Day Photo)

(4)

Silhouette — Surface applied channel lettering which is opaque, with an illumination source provided behind the letters to illuminate each individually by silhouette [Figure 7].

Figure 7

Scope and Authority.

(1)

New Signs — All new signs submitted for approval after the effective date that this overlay is established for that property shall comply with the requirements of this section.

(2)

Existing Sign Changes — Any legal sign existing prior to the approval of the -TNB district which is modified, changed in name or business use, enlarged, reconstructed, extended, moved or structurally altered after the effective date of this overlay is required to be brought into compliance with § 7-8 and this section.

(3)

Existing Sign Permit Fee Waiver — Sign permit fees shall be waived for owners of non-conforming signs who request approval of a new sign conforming with § 7-8 and the requirements of this section within one year of the effective date of this overlay.

5-7-8.

Building Design Standards.

Applicability. The provisions of these standards shall supersede those of the underlying zoning districts and shall apply to any of the following:

(1)

A new building;

(2)

An addition which exceeds 50 percent of the assessed value of the existing building; or

(3)

A property owner may use these standards for an addition that does not exceed 50 percent of the assessed value of the existing building.

All new structures shall have a maximum gross floor area of 10,000 square feet unless providing a second story or stories. Such upper stories must provide occupiable space located along the front facade of the structure, and shall be no less than 75 percent of the width of the ground floor frontage. [Figure 8]

Figure 8

The third and fourth floor levels of any structure shall step back a minimum of 40 feet from any adjacent residential property line or district. [Figure 9]

Figure 9

Within the -TNB SubZone '2', the third floor level of any structure shall step back from the vertical plane of the facade a minimum of ten feet along any facade that is adjacent to a street. [Figure 10]

Figure 10

All new structures shall provide commercial retail shops, services, public or civic uses, or restaurant uses at the ground floor level directly facing and clearly visible from the sidewalk or public way. Floor areas specifically dedicated for office or residential uses, if provided, shall be located on upper floors only. This provision shall not apply to new structures constructed in the Office Building zoning district.

The Planning Director may require the front setback of new construction to align with the setbacks of neighboring structures, or both front and side setbacks for corner lots.

Prohibited Exterior Materials.

(1)

Exterior building materials visible from a street or abutting a residential district shall not be constructed of the following:

	Facade	Imitation Brick Siding, Asphalt Siding or Asbestos Siding Plain Concrete Masonry Unit (CMU) bare or painted Plywood, T-111 or unfinished lumber grade wood Corrugated Metal, mirrored or similar highly reflective siding or panels
	Other	Asphalt Sidewalks / Asphalt Walkways

Facade Articulation.

(1)

No facade facing a street shall contain an area of wall without windows, doorways or other openings which extends more than 20 feet in the horizontal direction and eight feet in the vertical direction. ['A' in Figure 11]

(2)

No facade facing a street shall contain an area of blank wall which extends more than ten feet in the horizontal direction and eight feet in the vertical direction without articulation in the plane of the facade. Articulations such as pilasters, windows or corbelled brickwork shall be used which are no less than three inches in depth to create decorative relief and cast shadows, as directed by the Planning Board or Planning Director, as applicable. ['B' in Figure 11]

(a)

Control and expansion joints, awnings, signs or other approved architectural elements that meet this standard shall not constitute blank wall area.

(3)

The ground floor facade area and pedestrian areas facing a street shall exhibit a higher or equal percentage of facade articulation with larger window openings and increased facade depth than the upper floor facade area.

(4)

Ground floor storefront display windows shall be between four and eight feet in height, and constitute at least 70 percent of the ground floor facade area facing a street. ['C' in Figure 11]

(5)

Windows of upper floor areas shall constitute no less than 25 percent of the upper floor facade area. ['D' in Figure 11]

(6)

The primary entry area shall be highlighted by increased massing or fenestration. ['E' in Figure 11] Front facades which are at or very near the property line shall utilize a recessed doorway to prevent the doors from swinging into the sidewalk area.

(7)

The use of facade articulation shall be used to create specific areas for signage. ['F' in Figure 11]

(8)

False, blackout or otherwise blank windows are not permitted along ground floor facade areas facing a street.

Figure 11

Building Entrances.

(1)

Nonresidential buildings shall provide a minimum of one building entrance oriented toward the street.

5-7-9.

Landscaping, Buffers, and Screening. All landscaping regulations of § 7-2 shall apply to properties within the -TNB Overlay, with the following exceptions:

New developments are not required to comply with the full extent of the landscaping provisions of § 7-2 under the following conditions:

(1)

Where the front yard is less than ten feet, § 7-2-3A(2) shall not apply. One or more alternatives to "at-grade" landscaping shall be provided in front of the building, including but not limited to portable/temporary raised planters, window boxes, hanging baskets, vines or other method approved by the Planning Director.

(2)

Where the dimension of the side yard is less than ten feet or the combined side yards is less than 15 feet, § 7-2-4B shall not apply. Where space and conditions permit, landscaping shall be provided to soften the appearance of buildings and paved areas.

(3)

Where the dimension of the rear yard is less than ten feet or the combined rear yards is less than 15 feet, § 7-2-4B shall not apply. Where space and conditions permit, landscaping shall be provided to soften the appearance of buildings and paved areas.

Developed properties existing prior to the approval of the -TNB district seeking approval for a modification to a previously approved site plan are not required to comply with the full extent of the landscaping provisions of § 7-2 under the following conditions:

(1)

The existing structures on the site are not proposed to be demolished or reduced in size more than 50 percent from their current footprint area, and;

(2)

The total amount of impervious surface area on the site remains the same or is being reduced through the addition of new landscaped greenspace areas, and;

(3)

The work provides improved front yard landscaping, as defined in § 5-7-9C.

(4)

If the above conditions are met, the Planning Board or Planning Director, as applicable, is authorized to direct the applicant to provide landscaping improvements in keeping with the purpose and general intent of § 7-2 as deemed appropriate.

Improved Front Yard Landscaping: Developed commercial properties existing prior to the approval of the -TNB district which propose to reconfigure any existing front yard parking areas shall minimize existing curb cut widths to the maximum extent practicable, as determined by the Planning Board or Planning Director, as applicable, and replace existing front yard asphalt surfaces with one of the following landscaping improvements:

(1)

Landscaped Parking Buffer One — A landscaped buffer planted along the edge of the public right-of-way which separates the sidewalk from adjacent parking areas, measuring no less than five feet in depth (measured away from the road) which must include;

(a)

Shade or ornamental trees of a size consistent with § 7-2-3A(1)(g) of the Zoning Ordinance provided at the rate of one tree for every 150 square feet of landscaping buffer (minimum one).

(b)

A mix of evergreen shrubs and perennials no less than three feet in height, provided at the rate of one shrub for every ten square feet of landscaping (minimum of three).

(c)

Groundcover plants or grass for all remaining landscaped area.

Figure 12 — Landscape Parking Buffer One

(2)

Landscaped Parking Buffer Two — A landscaped buffer planted along the edge of the public right-of-way which separates the sidewalk from adjacent parking areas, which must include;

(a)

A decorative masonry wall or fence measuring between 24 and 36 inches in height located between the landscaped area and the parking lot. All masonry wall or fence materials must be approved by the Planning Board or Planning Director, as applicable.

(b)

Where space permits, an optional mix of evergreen shrubs and perennials between 12 and 36 inches in height, provided at the rate of one shrub for every ten square feet of landscaping (minimum of three) with groundcover plants or grass for all remaining landscaped area.

Figure 13 — Landscape Parking Buffer Two

(3)

The above landscaping options shall be provided for the available width of the front yard area, as deemed appropriate by the Planning Board or Planning Director, as applicable, but not less than nine feet wide.

(4)

Alternate Landscaped Parking Buffer. In the event of significant site constraints which would prohibit the inclusion of the landscaped parking buffers without a loss of necessary egress or parking spaces, an alternative buffer design may be substituted with Planning Board or Planning Director approval, as applicable.

For all properties, a minimum of ten percent of the area of the site not covered by buildings shall be devoted to a planted area (i.e. bio-swale or rain garden) for the purpose of treating non-roof generated storm water runoff to prevent pollution of local waterways. This function can be accommodated in at-grade landscaped areas on-site such as required parking yard areas and parking area landscaped islands, or off-site as part of a coordinated stormwater management facility.


Figure 14 — Before and after simulation of the goals of the overlay landscaping requirements. Create a more attractive streetscape by providing landscaped buffers between the road and adjacent parking lots, and reduce the size of existing curb cuts widths.

§ 5-8 Live-Work District 1 (LW-1)

[Added 6-4-2012 by L.L. No. 13-2012]

5-8-1.

Purpose To provide areas along arterials and major collectors for live-work uses, which combine residential dwellings with limited on-site working/commercial space. Such uses can help support a mixed-use environment, promote redevelopment and the reuse of existing buildings, provide alternative space for small businesses, and protect adjacent residential areas from intensive commercial development.

5-8-2.

Principal and Special Uses

Permitted Uses and Structures

LW-1	Permitted	Special Use	Standards
OPEN USES
No open uses allowed
RESIDENTIAL USES
Single-family detached
Attached dwelling			§ 6-2-1
Upper-story dwelling unit
PUBLIC AND CIVIC USES
Daycare center, nursery or other private school			§ 6-3-2
Minor utilities
Place of worship			§ 6-3-3
Public utility service structure or facility			§ 6-3-5
Telecommunication facility			§ 6-7
COMMERCIAL USES
Advertising agency
Apparel repair and alterations and shoe repair
Art studio
Beauty or barber shop
Bed and breakfast			§ 6-4-2
Office
Photography studio
Production and sale of arts and crafts made on-site
INDUSTRIAL USES
No industrial uses allowed

Dimensional Standards

LW-1 Principal Use Dimensional Standards			Vehicle Use Area
Min. lot width		40 ft
Min. yards
	Front yard	25 ft	5 ft* [Amended 11-30-2020 by L.L. No. 17-2020]
	Rear yard (abutting residential**/nonresidential) [Amended 11-30-2020 by L.L. No. 17-2020]	25 ft/25 ft	15 ft*/none required [Amended 11-30-2020 by L.L. No. 17-2020]
	Each side yard (abutting residential**/nonresidential) [Amended 11-30-2020 by L.L. No. 17-2020]	5 ft/5 ft	15 ft*/none required [Amended 11-30-2020 by L.L. No. 17-2020]
	Corner lot	See § 2-5-2A(5)
	Through lot	See § 2-5-2A(2)
Max. height		2 stories (up to 35 ft)
Max. building coverage		50%
Min. floor area for detached dwelling units (dwelling only)
	Under 2 stories	1,000 sf
	2 or more stories	1,200 sf
Min. floor area for attached dwelling units (dwelling only) [Amended 11-30-2020 by L.L. No. 17-2020]
	0 bedroom	400 sf
	1 bedroom	640 sf
	2 bedroom	760 sf
	3 bedroom	1,000 sf
	4 bedroom	1,200 sf

*	The entire area must be landscaped. [Added 11-30-2020 by L.L. No. 17-2020]
**	R-R, S-A, R-1, R-2, R-3, CR-3A, TR-3, R-4, MFR-4A, MFR-5, MFR-6, MFR-7, PRD, PDD, NCD [Added 11-30-2020 by L.L. No. 17-2020]

Note: For explanation of measurements, computations, and exceptions see § 2-5.

5-8-3.

Accessory Uses and Structures

Permitted Accessory Uses and Structures The following accessory uses and structures incidental to any permitted principal use are allowed subject to the requirements of § 6-8, Accessory Uses or Part 7, General Development Standards.

LW-1 Permitted Accessory Uses and Structures		Standards
Auxiliary housing units		§ 6-8-2
Detached private garages and parking areas
Off-street parking, loading and stacking		§ 7-1, § 5-8-4B
Private gardens
Solar energy systems [Added 12-11-2017 by L.L. No. 24-2017]		§ 6-10
Rooming and boarding of not more than two persons only when the dwelling is occupied by the actual record owner thereof
Signs		§ 7-8, § 5-8-4C
Swimming pools		§ 6-8-12
Other Uses and structures customarily incidental to the principal use

Dimensional Standards

LW-1 Accessory Use Dimensional Standards
Min. building separation	5 ft
Min. from lot line	3 ft
Max. height	20 ft
Max. building coverage (including principal structure)	55%

Note: For explanation of measurements, computations, and exceptions see § 2-5.

5-8-4.

General Development Standards

Mix of Uses

(1)

No more than two residential units and one commercial use shall be permitted per parcel.

(2)

Within each principal structure, the floor area devoted to commercial uses shall not exceed 50% of the total principal structure floor area, up to a maximum of 2,000 square feet.

Off-Street Parking, Loading, and Stacking Facilities All off-street parking, loading and stacking requirements as stated in § 7-1 shall apply as a maximum for properties within the LW-1 district.

Sign Regulations All sign regulations of § 7-8 shall apply to properties within the LW-1 district, with the following modifications:

(1)

Permitted signs shall be limited to ground, wall and awning signs only. Internally-lit signs shall not be permitted.

(2)

A maximum of twelve square feet of total sign area shall be permitted. Signage shall be limited to one of the permitted sign types.

Other Development Standards

(1)

All new principal structures shall have a pitched roof, such as a hip, gable, or gambrel roof. Flat roofs shall not be permitted.

(2)

No equipment or process shall be used which creates vibration, glare, fumes, odors or electrical interference. In the case of electrical interference, no equipment or process shall be used which creates visual or audible interference in any radio or television receivers off the premises.

(3)

All nonresidential activities shall be limited to the hours between 8 AM and 9 PM.

(4)

Except for signage and parking permitted under this Ordinance, no display pertaining to the commercial use shall be visible from outside the dwelling.

(5)

Development in the L-W district shall also comply with the requirements referenced in the table below.

LW-1 General Development Standards
Off-Street Parking, Loading and Stacking	§ 7-1
Landscaping, Buffers and Screening	§ 7-2
Site Lighting	§ 7-3
Outdoor Storage and Display	§ 7-4
Fences and Walls	§ 7-5
Access and Circulation	§ 7-6
Provisions for Flood Hazard Reduction	§ 7-7
Sign Regulations	§ 7-8
Performance Standards	§ 7-9
Bulk Storage of Combustible or Flammable Liquids	§ 7-10

§ 5-9 Recreation Conservation District (RC)

[Added 2-24-2014 by L.L. No. 5-2014]

5-9-1.

Purpose To provide a special zoning classification primarily for public, private and civic uses related to recreation and conservation.

5-9-2.

Principal and Special Uses

Permitted Uses and Structures

RC	Permitted	Special Use	Standards
OPEN USES
No open uses allowed
RESIDENTIAL USES
No residential uses allowed
PUBLIC AND CIVIC USES
Day-care center [Added 7-7-2014 by L.L. No. 22-2014]			§ 6-3-2
Indoor recreation facilities [Amended 10-9-2017 by L.L. No. 21-2017]
Outdoor recreation facilities
Outdoor ice-skating facility
Outdoor tennis, racquetball or handball facility
Park or open space
Place of worship			6-3-3
Public or private golf course and country club [Added 7-7-2014 by L.L. No. 22-2014]
Public utility service structure or facility			6-3-4
Swimming facility
Telecommunication facility			§ 6-7
Wildlife reservation or conservation area
COMMERCIAL
No commercial uses allowed
INDUSTRIAL
No industrial uses allowed

Dimensional Standards

For parcels 30 acres in size or more as of July 7, 2014, the Planned Unit Development process is required. See § 6-9.

[Added 7-7-2014 by L.L. No. 22-2014; amended 11-3-2014 by L.L. No. 39-2014]

RC Principal Use Dimensional Standards			Vehicle Use Area
Min. lot width		None
Min. front yard
	Height of structure for first 35 ft.	20 ft	15 ft*
	Height of structure for any portion of building above 35 ft.	30 ft	15 ft*
Min. rear yard (abutting residential**/nonresidential)		50 ft/15 ft	25 ft/5 ft
Min. side yard (abutting residential**/nonresidential)		50 ft/15 ft	25 ft/5 ft
Max. height		65 ft
Max. building coverage		10%

*	The entire area must be landscaped
**	R-R, S-A, R-1, R-2, R-3, CR-3A, TR-3, R-4, MFR-4A, MFR-5, MFR-6, MFR-7, PRD, PDD, PRD, NCD

5-9-3.

Accessory Uses and Structures

Permitted Accessory Uses and Structures

RC Permitted Accessory Uses and Structures		Standards
Landscaping		§ 7-2
Off-street parking, loading, and stacking		§ 7-1
Private schools and day-care centers, accredited when required by NYS, when accessory to a place of worship
Solar energy systems [Added 12-11-2017 by L.L. No. 24-2017]		§ 6-10
Residence for staff
Signs		§ 7-8
Other uses and structures customarily incidental to the principal use

Dimensional Standards The dimensional standards for an accessory use or structure shall be the same as those for the principal use in § 5-9-2B.

5-9-4.

General Development Standards

Fences, walls or plantings or other screening materials may be required to provide visual screening between adjacent structures and uses and parking or other areas or uses on the parcel.

Exterior wall surfaces of buildings shall be of masonry, wood, glass, stone or metal or a combination of these materials. Exterior wall facings and mansard roofs shall not include asbestos or corrugated metal products. Any side or rear wall facing a street, residential district or public or semi-public area shall consist of the same facing materials as the building front.

Interior side or rear yards separating parking, loading and stacking area from lot lines are not required for unified developments.

Development in the RC district shall also comply with the requirements referenced in the table below.

RC	General Development Standards
Off-Street Parking	§ 7-1
Landscaping and Buffering	§ 7-2
Site Lighting	§ 7-3
Outdoor Storage and Display	§ 7-4
Fences and Walls	§ 7-5
Access and Circulation	§ 7-6
Flood Damage Prevention	§ 7-7
Sign Regulations	§ 7-8
Performance Standards	§ 7-9

§ 5-10 Urban Renewal Area Overlay District (URAOD)

[Added 12-15-2025 by L.L. No. 7-2025]

5-10-1.

Purpose and Goals

The purpose of the Urban Renewal Area Overlay District (URAOD) is to use the authority granted by New York Town Law § 261-c and the Municipal Home Rule Law to provide flexibility in the review and phasing of development within the Urban Renewal Area in Town, in order to incentivize and support redevelopment consistent with the Town's Comprehensive Plan and Urban Renewal Plan.

The Town Board finds that this approach will (A) promote the most appropriate uses in the Urban Renewal Area; (B) improve the design, character and quality of new developments; (C) encourage a harmonious and appropriate mixture of uses; (D) facilitate the adequate and economic provision of streets, utilities, and public services; (E) promote architecture that is compatible with surrounding areas; and (F) provide suitable design responses to specific environmental constraints of the site and surrounding area.

5-10-2.

Definitions

As used herein:

"Urban Renewal Area Overlay District" or "URAOD" means an overlay zoning district designated by the Town Board within the Urban Renewal Area.

"Urban Renewal Area" shall mean the area(s) designated by the Town Board pursuant to § 504 of the New York General Municipal Law.

"Urban Renewal Area Overlay District Law" shall mean the Local Law that was adopted to add § 5-10 to Chapter 203, Zoning, Part 5, Special Purpose and Overlay Districts.

5-10-3.

Creation of Urban Renewal Area Overlay District ("URAOD") No. 1 and General Rules

The Urban Renewal Area Overlay District ("URAOD") No. 1 encompasses the area depicted on the Town's Official Zoning Map.

The Town Board may create other URAODs pursuant to the procedures for amending the Town Zoning Map.

A URAOD is an overlay zoning district and shall supersede the requirements of the underlying base zoning districts where indicated herein.

5-10-4.

Site Plan Review Procedures

No building permit shall be issued in the URAOD unless Site Plan approval is obtained, following the procedures set forth in § 8-7. In determining whether to approve an application for Site Plan approval, the following additional factors may be considered:

Conformity with the Town's Comprehensive Plan, the Urban Renewal Plan, and the Boulevard Mall Development Standards (§ 5-10-6);

The compatibility of the proposed with the existing character of the neighborhood;

Compatibility of uses adjacent to one another;

Such other matters as may be considered pertinent, provided they have been established by the Town Board in the Town's Comprehensive Plan or Urban Renewal Plan.

5-10-5.

Modifications

Notwithstanding any other provisions to the contrary, upon application to the Planning Department, Approved Site Plans may be modified and amended consistent with this Section. The classification of a modification application as a Major Amendment or Minor Amendment is within the discretion of the Planning Director, subject to the criteria and guidelines set forth herein.

An application that meets any one of the following shall constitute a Major Amendment:

A 10% change in the total number of residential units (either more or less than proposed);

Adding more than 25,000 sq. ft. within the entire proposed development;

The following criteria may be considered by the Planning Director in determining whether to classify a modification application as a Major Amendment or Minor Amendment:

Suggested changes to the Key Streets & Frontages Plan (Figure 1);

Deviation from the approved building(s) elevation(s)/design(s) such as facade materials, color, transparency and blank wall, and entranceway spacing.

Modifications to parking, including the conversion of surface parking to structured parking.

Any application for modifications or amendment to Site Plan Approval shall be in writing and contain such information as required for the application as set forth in § 8-7. The Planning Director may (a) waive any specific application requirement which he/she determines unnecessary to the consideration of the application; and (b) may require any additional information which he/she determines may be helpful to the consideration of the application.

5-10-6.

Boulevard Mall Development Standards

This section shall be applicable only within URAOD No. 1. The Boulevard Mall Development Standards aim to refine the framework of potential redevelopment outlined in the Boulevard Central District Urban Renewal Plan. It envisions the Boulevard Mall site transformed incrementally into a walkable, mixed-use, transit-oriented development serving contemporary retail and residential demands, while creating a thriving new "center" for the local community and the greater region.

Zoning Districts

It is the intent of the URAOD Local Law to function in conjunction with the Center District regulations established under § 5A. However, within the geographic boundaries of this overlay district, the Planning Board shall have the authority to permit the uses, dimensional standards, and/or general development standards set forth in § 4-7 (Shopping Center District) in lieu of § 5A provided the applicant expressly invokes this option in the development application.

Streets, Blocks and Connections

Core Streets

The location and rights-of-way dimensions of all Core Streets are fixed elements of the Development Standards. These streets must be established in the general locations and dimensions depicted in the Key Streets & Frontages Plan (see Figure 1) and in the Street Sections (see Figures 2 and 3) in order to: (1) set a baseline for block size, location and orientation; (2) dictate cohesive street design; (3) outline street development phasing; (4) direct infrastructure routes and access; and, (5) protect key site feature locations, such as public open spaces and other community amenities. The final location may be modified as part of the site plan application to better align with the final design.

Core Streets depicted in the Key Streets & Frontages Plan (Figure 1) will be constructed first within the initial phases of development.

The minimum required percentage of Core Streets, as set forth in § 5A-7-13.A, § 5A-3-6, § 5A-3-7, and § 5A-3-8 shall not apply to development within the URAOD.

The continuous connectivity requirements of Core Streets, as specified in § 5A-7-13.B and C, shall apply only as illustrated in the Key Streets & Frontages Plan (see Figure 1).

Blocks

The site shall be divided into a minimum of four blocks as depicted on the Key Streets & Frontages Plan (see Figure 1). Such blocks may exceed the maximum perimeter and block length standards established by the § 5A zoning districts.

Internal streets established within these four blocks through additional street development may be constructed in accordance with the right-of-way dimensions illustrated in the Street Sections (Figures 2-4) or as otherwise permitted under § 5A-6, subject to compliance with all applicable fire access requirements of the NYS Uniform Fire Prevention and Building Code.

Pedestrian Walkways and Multi-Use Trails

Pedestrian walkways and multi-use trails are strongly encouraged throughout the development to create safe connections. These may be used to connect elements of the public realm such as streets and/or other walkways, public sidewalks, public open spaces, and/or public amenities, such as a community center. When utilized, walkways and multi-use trails shall align with and extend any block network established within the site and to areas adjacent to the site.

Pedestrian walkways must meet the National Accessibility Standard (ICC/ANSI A117.1-2017).

ii.

Multi-use Trails must be a minimum of 12 feet wide.

Parking

On-street parking must be provided on all Core Streets identified on the Key Streets & Frontages Plan (see Figure 1) and as depicted in the Street Sections (see Figures 2 and 3).

Development within the URAOD is not required to meet minimum off-street vehicle parking requirements as outlined in § 5A-9-1.A.(1) or § 7-1-6.A.

Structured parking is encouraged, especially if incorporated into larger vertical mixed-use or residential buildings, to support future density by reducing the need for large surface parking lots, and opening up space for additional building development.

Surface parking is encouraged to be largely placed behind buildings or otherwise screened wherever possible; however, surface parking is anticipated along Niagara Falls Boulevard, Alberta Drive, and Maple Road due to the assigned Boulevard Frontage.

Mobility Options

Wherever possible, space for mobility amenities such as bike racks, charging stations, car shares, or bus loading areas are encouraged to reduce the need for individual vehicular parking and to provide equitable access to and from the area.

Built Form and Use

Building Uses

Prohibited Uses: The following uses are prohibited across the entire URAOD No. 1 Area: single-family detached units, motor services and vehicular sales (with the exception of small indoor showrooms of 10,000 sq. ft. or less).

Restricted Uses: Drive-throughs are permitted only on parcels with frontages on Niagara Falls Boulevard and Maple Road. Loading and automotive stacking shall be prohibited between the public road right-of-way and the building facade.

Vertical mixed-use buildings may be provided fronting public open spaces (either directly adjacent to or across an adjacent street). First-floor uses in such buildings directly fronting public open space shall enhance these environments and support compatible interaction between the green space and streetscape. Such uses include restaurants, entertainment, retail or hospitality.

Frontages

Frontage requirements for each parcel, not withstanding any other law to the contrary, shall only be required to be met on one side of a parcel initially (as in-fill development occurs over time) with primary street designation selected by the applicant where the site abuts more than one street (existing or proposed).

All buildings fronting along Niagara Falls Boulevard, Maple Road, and Alberta Drive shall comply with the Boulevard Frontage Type requirements, as illustrated in Figure 5, regardless of which zoning regulations are applied pursuant to § 5-10-6.A.1.

In cases where the right-of-way creates an irregular property line, build-to maximums of the Boulevard Frontage Type may be increased to preserve continuous alignment of building facades and circulation aisles along the streetscape of larger blocks, with limitations that there will be no more than two rows of parking and a drive aisle.

Building Height

The existing underlying Zoning Districts regulate base building height requirements; however, the Planning Board may allow up to two (2) additional stories (up to 15 feet/story maximum) in height onto the base zoning height maximum for developments that include structured parking.

Design Considerations

Notwithstanding any other provision to the contrary, cohesive design elements (signs, lighting, landscaping, etc.) and building materials that are of high quality are essential for creating a distinct character and atmosphere across an area where multiple developers are anticipated to contribute projects. While architectural styles should vary to some degree to create streetscape interest, design elements must establish cohesion amongst public areas/rights-of-way, street furniture, and common spaces to maintain consistency and enhance the overall aesthetic of an area. The Town may require that proposed site features have a consistent design with those that have already been constructed.

Human-scale design elements, such as awnings, canopies, and engaging storefronts are encouraged to promote effective foot-traffic on primary Core Streets and frontage abutting the primary public open space.

Loading and/or service areas and mechanical equipment shall be screened and/or designed in such a manner that makes them less prominent along street fronts.

Open Spaces

Public open spaces are intended to serve as active community gathering places that promote social interaction, community engagement and recreational activity.

With the Planning Board or Town Board's approval, publicly-owned open space may be credited towards satisfying a portion of the open space requirement.

Limited temporary commercial uses may be permitted within public open spaces, including kiosks, vendor markets, restrooms, food stands, and similar amenities that enhance the functionality and vibrancy of the space.

Open spaces provided in excess of the required minimum percentages during an earlier phase of development may be credited towards satisfying the open space requirements of subsequent phases, provided such phases occur within parcel(s) under common ownership.

The provision mandating required open space be provided in one contiguous area (§ 5A-7-2.B(5)), shall not apply to development within the URAOD.

Both public and private open spaces can include such elements as green lawns, plazas, paths and trails, trees and other landscaped areas, water features, sport courts, playgrounds, dog parks, gardens, pavilions and seating areas.

Beyond public open spaces, additional open spaces are encouraged throughout the site. These should be indicated as either public or private.

FIGURE 1: Key Streets & Frontages Plan

FIGURE 2: Core Street Section

FIGURE 3: Core Street with Median Section

FIGURE 4: Local Street Section

FIGURE 5: Boulevard Frontage

Amherst City Zoning Code

PART 5

SPECIAL PURPOSE AND OVERLAY DISTRICTS

§ 5-1 Agricultural (AG)

5-1-1.

5-1-2.

Principal Uses and Structures.

Permitted and Special Uses. There shall be not more than one principal residential structure permitted on a lot in the AG district.

AG	Permitted	Special Use	Standards
OPEN USES
Animal husbandry
Farm
Plant nursery
Stables, public or private			§ 6-1-1
RESIDENTIAL USES
Single-family detached
PUBLIC AND CIVIC USES
Minor utility
Park or open space
Place of worship			§ 6-3-3
Telecommunication facility			§ 6-7
COMMERCIAL USES
Agricultural products, sale of
Animal grooming, animal hospital or veterinarian			§ 6-4-1
Bed and breakfast			§ 6-4-2
Dog day care facility [Added 10-17-2011 by L.L. No. 25-2011]			§ 6-4-13 [Amended 11-5-2012 by L.L. No. 17-2012]
Ground-mounted solar energy system, Tier I & Tier II [Added 12-14-2020 by L.L. No. 18-2020]			§ 6-10
Ground-mounted solar energy system, Tier III [Added 12-14-2020 by L.L. No. 18-2020]			§ 6-10
Kennel, commercial			§ 6-8-7
Riding academy
INDUSTRIAL USES
No industrial uses allowed

Dimensional Standards.

AG Principal Use Dimensional Standards
Min. lot area		5 acres
Min. lot area per dwelling		5 acres
Min. lot width		200 ft
Min. front yard		50 ft
Min. rear yard		See § 2-5-4B(3)
Min. side yard		See § 2-5-4B(3)
Max. height
	Residential	2 stories (up to 35 ft)
	Nonresidential	65 ft
Max. building coverage (residential use only)		15%
Note: For explanation of measurements, computations, and exceptions see § 2-5.[1]

[1]

Editor's Note: The diagram which immediately followed this table was repealed 2-8-2016 by L.L. No. 2-2016.

5-1-3.

Accessory Uses and Structures.

AG Permitted Accessory Uses and Structures	Standards
Uses and structures customarily incidental to the above
Auxiliary housing unit	§ 6-8-2
Cat boarding facility [Added 2-4-2008 by L.L. No. 1-2008]	§ 6-8-7
Detached private garages and parking area
Greenhouse
Home occupation Type 1 or Type II	§ 6-8-6
Kennel, accessory	§ 6-8-7
Off-street parking, loading and stacking	§ 7-1
Private garden
Private recreational uses and structure
Produce stand only selling items grown on-site
Solar energy system [Added 12-11-2017 by L.L. No. 24-2017]	§ 6-10
Rooming and boarding of not more than two persons
Sign	§ 7-8
Small wind energy system [Added 8-17-2009 by L.L. No. 12-2009]	§ 6-8-14
Swimming pool and tennis court	§ 6-8-12

Dimensional Standards.

AG Accessory Use Dimensional Standards
Min. building separation	5 ft
Min. from lot line	3 ft
Max. height	30 ft
Max. building coverage (residential use only)	15%
Note: For explanation of measurements, computations, and exceptions see § 2-5.

5-1-4.

General Development Standards. Development in the AG District shall also comply with the requirements referenced in the table below.

AG General Development Standards
Off-Street Parking, Loading and Stacking	§ 7-1
Landscaping, Buffers and Screening	§ 7-2
Site Lighting	§ 7-3
Outdoor Storage and Display	§ 7-4
Fences and Walls	§ 7-5
Access and Circulation	§ 7-6
Provisions for Flood Hazard Reduction	§ 7-7
Sign Regulations	§ 7-8
Performance Standards	§ 7-9
Bulk Storage of Combustible or Flammable Liquids	§ 7-10