To relieve congestion so that streets can be utilized more fully for movement of vehicular traffic;

To promote the safety and convenience of pedestrians and shoppers by locating parking areas so as to lessen car movements in the vicinity of intensive pedestrian traffic;

To protect adjoining residential neighborhoods from on-street parking;

To promote the general convenience, welfare and prosperity of business, service, research, production and manufacturing developments which depend upon off-street parking facilities;

To insure that parking facilities are designed with careful regard to orderly arrangement, topography, landscaping and ease of access and developed as an integral part of an overall site design; and

To provide regulations and standards for the development of off-street parking, loading and stacking facilities in accordance with the objectives of the Comprehensive Plan.

Whenever a new building is constructed or new use established;

Whenever an existing building is altered and there is an increase in the number of building units, seating capacity or floor area of the building; and

Whenever an existing building is changed to a more intensive use requiring more off-street parking, loading or stacking facilities.

Fractional Requirements. When units of measurement used in computing the number of required off-street parking, loading and stacking spaces result in the requirements of a fractional space, the nearest whole number of off-street parking spaces shall be required.

Employees. Whenever parking requirements are based on the number of employees, it shall mean the maximum number of employees on duty on the premises at one time or any two successive shifts, whichever is greater.

Net Floor Area. For the purpose of calculating the minimum requirements for off-street parking, net floor area shall be calculated according to the following:

Seating Capacity. The number of seating units installed or indicated on the plans, in restaurants and areas devoted to dining, shall not be less than one unit per 15 square feet of floor area; where units are not indicated on the plan, it shall be assumed that seating units will be provided at a ratio of one for each 10 square feet of floor area. Floor area constitutes the actual area of the assembly space not including accessory unoccupied space nor the thickness of walls.

Unlisted Uses. Upon receiving a development permit application for a use not specifically listed in the Schedule of Parking Requirements, the Zoning Enforcement Officer shall apply the off-street parking standard specified for the listed use that is deemed most similar to the proposed use or require a parking study in accordance with §  7-1-7, Alternative Parking Plan.

Minimum Parking Requirements. Off-street parking facilities shall be provided in quantities not less than set forth in the following schedule:

Parking Study Option. Parking studies may be required for specific uses that have characteristics that reduce the accuracy of standard requirements. Additionally, as an alternative, petitioners for uses that appear on the requirements table may choose to conduct a parking study to determine appropriate parking requirements. Many uses have widely varying parking demand characteristics, making it difficult to specify a single off-street parking standard. This option is intended to allow development to meet vehicle parking and transportation access needs by means other than providing parking spaces on-site in accordance with the Schedule of Parking Requirements.

Off-Site Parking. Off-street parking spaces may be located on a separate lot from the lot on which the principal use is located if approved by the Zoning Enforcement Officer and if the off-site parking complies with the all of following standards.

Shared Use of Parking Facilities. A nonresidential use may make arrangements with another nonresidential use that normally has different hours of operation to share off-street parking spaces if approved by the Zoning Enforcement Officer. The shared parking shall comply with all of following standards.

Valet Parking. The Zoning Enforcement Officer may authorize valet parking as a means of satisfying otherwise applicable off-street parking standards, provided that the following conditions are met:

Transportation Management Plan. The Zoning Enforcement Officer may authorize a reduction in the number of required off-street parking spaces for developments or uses that institute and commit to maintaining a transportation management program, in accordance with the standards of this Section.

Grading and Paving. Parking, stacking and loading areas and access driveways shall be graded and drained so that the surface water shall not be allowed to flow onto adjacent properties. Parking areas and driveways shall be constructed as required by the Building Construction Administration Code.

Features. Parking, stacking and loading areas shall be arranged, marked and maintained as shown on the parking, loading and stacking plan approved as a part of the site plan in order to provide for orderly and safe parking, loading and storage of vehicles. The Planning Board may also require structural or landscape features, including, without limitation, bumper guards, curbs, walls or fences, to provide protection of property and persons and privacy and screening for adjacent land uses with visual, noise and air standards considered. A compact evergreen hedge, shrubs or other screening by a substantially solid fence between parking areas and the side or rear lot line of a residential district may also be required in accordance with the standards established in §  7-2.

Illumination. Parking, loading and stacking areas shall be illuminated only to the extent necessary to insure the public safety and in accordance with §  7-3, Site Lighting.

Pedestrian Walks. Pedestrian walks between parking areas and buildings shall be provided to assure pedestrians' safety.

Driveways to Parking, Loading and Stacking Areas. Entrance and exit driveways serving parking, loading and stacking facilities, drive-in businesses, fee parking lots and public parking lots shall be provided in location, size and number so as to interfere as little as possible with the use of adjacent property and the flow of traffic on the streets to which they connect. Driveways located in nonresidential districts shall be located at least 10 feet from any residential zoning district.

Parking Rooms. Parking serving development over 100,000 square feet of gross floor area shall be visually and functionally segmented into smaller parking areas. A minimum of 2 parking rooms shall be provided. The Planning Director or the Planning Board may require the creation of more than two parking rooms based on the scale of the development. Each smaller parking room shall be connected to an internal system of roadways. Outparcel and parking room access shall be taken from the internal system of roadways on the site.

Parking Lot Walkways. Parking Lot Pedestrian Medians with walkways leading to primary building entrances as designated by the Planning Director may be required by the Planning Board in parking lots containing more than 180 spaces in accordance with §  7-2-3A(3)(h).

A maximum of one parking room entrance/exit for each three access rows of parking from an internal roadway shall be permitted. Designation of internal roadways and location of parking room entrance/exits shall be established by the Planning Director or Planning Board during site plan review.

Minimum Stacking Requirements. In addition to minimum parking requirements established by § 7-1-6A above, the following stacking areas are required. The Zoning Enforcement Officer may require an analysis of stacking requirements be provided to determine if additional stacking spaces will be required for a specific use or location. The size of each stacking space shall be 20 feet in length by 9 feet in width.

Location. Stacking spaces may not impede on- or off-site traffic movements or movements into or out of off-street parking spaces.

Design. Stacking spaces shall be separated from other internal driveways by raised medians if deemed necessary by the Planning Director for traffic movement and safety.

Allocation of Use. Space required and allocated for any off-street loading facility shall not be used to satisfy the space requirements for off-street parking or stacking. An off-street loading space shall not be used for repairing or servicing of motor vehicles.

Location of Facility. All required loading facilities shall be related to the building and use to be served to provide for loading and off-loading of delivery and other service vehicles and shall be so arranged that they may be used without blocking or otherwise interfering with the use of access ways, parking or stacking facilities, public streets or sidewalks. A required loading space shall not face or be visible from the frontage street and shall not be located in a required front yard or a required side or rear yard if adjoining a residential district.

Access Driveways. Each required off-street loading space shall be designed for vehicular access by means of a driveway or driveways to a public street in a manner which will least interfere with adjacent traffic movements and interior circulation.

Minimum Size Criteria. A required off-street loading space shall be at least 12 feet wide by at least 20 feet in length. The above area shall be exclusive of the maneuvering space, and each loading facility shall have a vertical clearance of at least 14 feet.

Schedule of Required Loading Facilities. Off-street loading spaces shall be provided as required below.

Unlisted Uses. Any use not listed in §  7-1-11E may provide any number of loading spaces provided that such spaces are constructed in accordance with the standards of this subsection.

Parking or storage of any vehicle or trailer being used for commercial purposes shall not be permitted on a residential parcel, except that one commercial vehicle, the rated capacity of which does not exceed 3/4-ton, may be parked inside or outside of a completely enclosed building. When parked outside of a completely enclosed building, the commercial vehicle shall not have any commercial advertisement affixed thereto.

In the S-A district, commercial vehicles shall be allowed only when directly associated with permitted principal uses on the same premises.

Protect and promote the public health, safety and general welfare by requiring the landscaping of all applicable development meeting the criteria in §  8-7-1 including parking, stacking and loading areas (Vehicle Use Areas).

Establish minimum standards and criteria for the landscaping of all applicable development to dissuade the unnecessary clearing and disturbing of land so as to preserve the natural and existing growth of vegetation and to replace removed vegetation or plant new vegetation indigenous to the Western New York region.

Reduce the effects of wind and air turbulence, heat and noise, and the glare of motor vehicle lights and parking area lights.

Provide unpaved areas for the absorption of surface waters.

Reduce the level of carbon dioxide and airborne pollutants and return oxygen to the atmosphere.

Prevent soil erosion.

Provide shade.

Conserve and stabilize property values and to otherwise facilitate the creation of a convenient, attractive and harmonious community.

Relieve the blighted appearance of parking areas.

Generally preserve a healthful and pleasant environment.

Implement the policies of the Comprehensive Plan.

All developments subject to site plan review in accordance with §  8-7 shall meet the requirements of this Section. A separate landscape plan shall be submitted and approved, approved with conditions or denied as a part of this review procedure.

The landscape plan shall be prepared by a licensed landscape architect unless the landscape plan is submitted as part of a minor site plan as defined in §  8-7. The contents of the landscaping plan shall be established by the Planning Director.

A revised site plan shall not diminish the landscaping of the site below the requirements of this section.

Minimum Impact of Screening Required. The following table and criteria shall be used to determine the level of screening between adjoining land uses. Single Family Residential districts include the R-R, S-A, R-1, R-2, R-3, CR-3A, TR-3 and R-4 districts. Multifamily Residential districts include the MFR-4A, MFR-5, MFR-6, MFR-7 and MHR-8 districts. For circumstances falling outside of these categories, the level of screening required will be determined during site plan review. For the RC district, the amount of screening required will be determined during site plan review.

Dumpsters and Other Refuse Containers. The following standards shall apply to dumpsters and other refuse collection areas in the R-4, MFR-4A, MFR-5, MFR-6, MFR-7, MHR-8 and nonresidential districts.

All landscaped areas required and/or permitted by these regulations shall be maintained and preserved according to the approved landscape plan. Landscaped areas shall be kept free of trash, litter, weeds and other such materials. Failure to maintain the landscaping in accordance with the approved landscape plan or to keep landscaped areas free of trash, litter, weeds and other such materials shall be a violation of this Ordinance, and this requirement shall be enforced by the Commissioner of Building.

All plant materials provided for a development in accordance with the approved landscape plan shall be in a healthy and vigorous growing condition, exhibit good form, and display in excess of 75 percent leaf cover, as determined by the Division of Forestry, in order to be considered acceptable for the purposes of compliance with the site plan at the time of inspection for Certificate of Occupancy or Certificate of Compliance. All plant materials which are considered to be unacceptable for the purposes of compliance with these regulations shall be replaced with acceptable plant material prior to the issuance of a final Certificate of Occupancy or Certificate of Compliance by the Commissioner of Building.

Trees which existed on the site prior to development and are identified on the landscape plan as trees to be preserved cannot be removed during construction without first obtaining a Tree Removal Permit or an amendment to the site plan. The removal of existing trees to be preserved without Town approval shall be considered a violation of the Town of Amherst Tree Law, also known as Local Law 8-1992, as amended.

After the issuance of a final Certificate of Occupancy or Certificate of Compliance by the Commissioner of Building, plant materials which die or are not maintained in a healthy and growing condition with at least 50 percent leaf cover shall be replaced within the next growing season with plantings of a similar nature. Plantings intended to serve as a visual screen which die or are not maintained in a healthy and growing condition after three years from the date of issuance of the final Certificate of Occupancy or Certificate of Compliance by the Commissioner of Building shall be replaced with plantings of a size and nature sufficient to achieve the visual screen intended.

All trees shall be planted in accordance with the methods illustrated by the planting details required to be shown on the approved landscape plan. Trees not planted in accordance with these methods will not be considered acceptable for the purposes of compliance with the Site Plan and shall be replanted in accordance with the methods illustrated in the details, or the method of planting otherwise corrected so as to be acceptable to the Town prior to the issuance of a final Certificate of Occupancy or Certificate of Compliance by the Commissioner of Building. Where tree stakes and guy wires are used, they shall be removed from newly planted trees no sooner than 12 months after planting and no later than 18 months after planting.

Inspections required by this Section shall be the responsibility of the Division of Forestry.

Fixture (Luminaire). The light source shall be concealed and shall not be visible from any street right-of-way or adjacent properties. In order to direct light downward and minimize the amount of light spillage into the night sky and onto adjacent properties, all lighting fixtures shall be cutoff fixtures. Only architectural lighting may be directed upward provided that all other provisions of this Section are met.

Fixture Height. Lighting fixtures shall be a maximum of 25 feet in height within parking lots and shall be a maximum of 15 feet in height within non-vehicular pedestrian areas. For additional requirements, see §  7-3-5A. Any building mounted light for site lighting shall be limited to a maximum mounting height of 25 feet above grade.

Light Source (Lamp). The same light source type shall be used for the same or similar types of lighting on any one site throughout any development. See §  7-3-6 for prohibited light sources.

Mounting. Fixtures shall be mounted in such a manner that the cone of light is contained on-site and does not cross any property line of the site.

Footing. All footings for light poles shall be a maximum of 6 inches above finished grade within landscaped areas, and a maximum of 30 inches above finished grade in paved areas.

Limit Lighting to Periods of Activity. The use of sensor technologies, timers or other means to activate lighting during times when it will be needed may be required by the Commissioner of Building to conserve energy, provide safety, and promote compatibility between different land uses.

Illumination levels shall be measured in footcandles.

All site lighting shall be designed so that the level of illumination, as measured in footcandles at any one point, meets the standards in the table below. Illumination of the flag of the United States of America is exempt from this standard.

Minimum and maximum levels are measured on the pavement within the lighted area. Average level is the overall, generalized ambient light level, and is measured as a not-to-exceed value. The average level shall be calculated using only the area of the site intended to receive illumination.

All outdoor lighting shall be designed and located such that the maximum illumination measured in footcandles at the property line does not exceed 0.2 on adjacent residential use, and 0.5 on adjacent commercial sites and public rights-of-way.

No direct light source shall be visible at the property line at ground level or above.

Lighting shall not be oriented so as to direct glare or excessive illumination onto streets in a manner that may distract or interfere with the vision of drivers on such streets.

Canopy Area Lighting. All development that incorporates a canopy area over fuel sales, automated bank machines, or similar installations shall use a recessed lens cover flush with the bottom surface of the canopy that provides a cutoff or shielded light distribution. Areas under a vehicular canopy shall have an average of 10 foot candles as measured at ground level at the inside of the outside edge of the canopy.

Automated Teller Machines. An automated teller machine (ATM) shall be illuminated in accordance with the ATM Safety Act (NYS Banking Law, Article II-AA).

Low-pressure sodium and mercury vapor light sources.

Cobra-head-type fixtures having dished or drop lenses or refractors which house other than incandescent sources.

Searchlights and other high-intensity narrow-beam fixtures.

Lighting fixtures that have flashing, rotating, moving, pulsing or alternating colored sources, except between Thanksgiving Day and January 15, as provided in § 7-8, Sign Regulations.

Area or flood lighting mounted on a building roof or wall parapet.

Use of new or existing utility poles for lighting.

Use of adjustable fixtures for area/flood lighting. All fixtures shall be cut off fixtures. Decorative up lighting of a building may be utilized if part of an approved building design.

Three types of outdoor storage and display shall be allowed in the districts designated in the Table below.

Allowed outdoor storage and display shall meet the vehicle use area setbacks provided in each district or a minimum of 20 feet from any lot line, whichever is greater.

In the NB, TI-, SC-3 and CTR- districts, all outdoor display shall be returned to a completely enclosed structure when the associated business is not open.

In the ST district, outdoor storage and display shall not be permitted except for the measurement of climatic effects on stored materials. No such storage area shall be located in any required front, side or rear yard.

Vehicles for sale as part of a properly permitted vehicle sales use (including boats and manufactured housing) shall not be considered merchandise, material or equipment subject to the restrictions of this Section. Such vehicles shall be located and displayed on a paved vehicle use area, or on an alternate surface as approved by the Commissioner of Building, clearly indicated on the site plan, and screened under the same requirements for a parking lot.

Waste generated on-site and deposited in ordinary refuse containers shall not be subject to the restrictions of this Section.

Local Streets. All residential uses may take direct access to local streets. Nonresidential uses shall not take direct access to local streets, except when no higher street classification is available.

Collector Streets. No single-family dwelling shall take direct access to collector streets, except when no local street is available.

Arterial Streets. No residential use, other than multifamily, shall take direct access to major or minor arterial streets. When uses take access to an arterial street, the point of access shall be directly across from another existing point of access, or spaced at least 200 feet from any intersecting street or other point of access to the arterial.

Each building is accessible by means of a private street to service and emergency vehicles.

The standards of design and construction for private streets shall meet applicable town specifications for public streets unless modified by the approved site plan.

The location, design and construction of all utilities meet all applicable specifications and are adequate to serve the needs of the group or cluster.

The procedures for the preservation and maintenance of private streets, pedestrian ways and common open space comply with all applicable laws.

Cross-Access. Private cross-access easements may be required across any lot fronting on an arterial or collector street in order to minimize the number of access points and facilitate access between and across individual lots. The easement shall meet the following design requirements.

Shared Access. A joint private access easement may be required between adjacent lots fronting on arterial and collector streets in order to minimize the total number of access points along those streets and to facilitate traffic flow between lots. The location and dimensions of said easement shall be determined by the Planning Board or Director, as applicaple.[1]

Minimum Access. Each parcel of land which lawfully exists and which abuts a street right-of-way shall be permitted at least one access point, except where otherwise restricted by the Town.

Additional Access. The Planning Board may require more than one access point onto a collector or arterial street for a single parcel during site plan review provided that the number and location of access points onto local streets and the additional access points onto collector and arterial streets shall be approved by the highway authority having jurisdiction over the roadway from which access is being taken.

Width of Access. The width of access driveways shall be determined by the highway authority having jurisdiction over the roadway from which access is being taken. However, in no case shall an individual driveway width be greater than 45 feet, except that the width of a landscaped center median shall not count towards this standard.

Closure or Relocation of Existing Access Points. The Planning Board, in conjunction with the authority having jurisdiction over the roadway from which access is being taken, shall have the authority to require the closure or relocation of existing access points where multiple access points to the site are available.

Curb Cuts at Intersections. 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. 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.

Second Access. Approval of a site plan or subdivision, including individual phases of a site plan or subdivision, shall not be granted where a cul-de-sac, dead-end or any street with only one point of access from an improved public right-of-way exceeds the requirements established in the current International Fire Code. The purpose of this paragraph is to comply with the International Fire Code as it may change by amendment over time.

regulate uses which are dangerous to health, safety and property due to water or erosion hazards, or which result in damaging increases in erosion or in flood heights or velocities;

require that uses vulnerable to floods, including facilities which serve such uses, be protected against flood damage at the time of initial construction;

control the alteration of natural floodplains, stream channels, and natural protective barriers which are involved in the accommodation of flood waters;

control filling, grading, dredging and other development which may increase erosion or flood damages;

regulate the construction of flood barriers which will unnaturally divert flood waters or which may increase flood hazards to other lands, and

qualify and maintain for participation in the National Flood Insurance Program.

to protect human life and health;

to minimize expenditure of public money for costly flood control projects;

to minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public;

to minimize prolonged business interruptions;

to minimize damage to public facilities and utilities such as water and gas mains, electric, telephone, sewer lines, streets and bridges located in areas of special flood hazard;

to help maintain a stable tax base by providing for the sound use and development of areas of special flood hazard so as to minimize future flood blight areas;

to provide that developers are notified that property is in an area of special flood hazard; and,

to ensure that those who occupy the areas of special flood hazard assume responsibility for their actions.

Lands to Which This Local Law Applies. This local law shall apply to all areas of special flood hazard within the jurisdiction of the Town of Amherst.

Basis for Establishing the Areas of Special Flood Hazard. The areas of special flood hazard are identified and defined on the following documents prepared by the Federal Emergency Management Agency:

Severability. The invalidity of any section or provision of this local law shall not invalidate any other section or provision thereof.

Penalties for Non-compliance. No structure in an area of special flood hazard shall hereafter be constructed, located, extended, converted, or altered and no land shall be excavated or filled without full compliance with the terms of this local law and any other applicable regulations. Any infraction of the provisions of this local law by failure to comply with any of its requirements, including infractions of conditions and safeguards established in connection with conditions of the permit, shall constitute a violation. Any person who violates this local law or fails to comply with any of its requirements shall, upon conviction thereof, be fined no more than $250 or imprisoned for not more than 15 days or both. Each day of noncompliance shall be considered a separate offense. Nothing herein contained shall prevent the Town of Amherst from taking such other lawful action as necessary to prevent or remedy an infraction. Any structure found not compliant with the requirements of this local law for which the developer and/or owner has not applied for and received an approved variance under 7-7-8 will be declared non-compliant and notification sent to the Federal Emergency Management Agency.

Warning and Disclaimer of Liability. The degree of flood protection required by this local law is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. Larger floods can and will occur on rare occasions. Flood heights may be increased by man-made or natural causes. This local law does not imply that land outside the area of special flood hazards or uses permitted within such areas will be free from flooding or flood damages. This local law shall not create liability on the part of the Town of Amherst, any officer or employee thereof, or the Federal Emergency Management Agency, for any flood damages that result from reliance on this local law or any administrative decision lawfully made there under.

Designation of the Local Administrator. The Commissioner of Building is hereby appointed Local Administrator to administer and implement this local law by granting or denying floodplain development permits in accordance with its provisions.

Application for a Permit. The applicant shall provide the following information as appropriate. Additional information may be required on the permit application form.

Duties and Responsibilities of the Local Administrator. Duties of the Local Administrator shall include, but not be limited to the following:

General Standards. The following standards apply to new development, including new and substantially improved structures, in the areas of special flood hazard shown on the Flood Insurance Rate Map designated in 7-7-5B.

Standards for All Structures. The following standards apply to new development, including new and substantially improved structures, in the areas of special flood hazard shown on the Flood Insurance Rate Map designated in 7-7-5B.

Non-Residential Structures. The following standards apply to new and substantially improved commercial, industrial and other non-residential structures located in areas of special flood hazard, in addition to the requirements in 7-7-7A(1), SUBDIVISION PROPOSALS, and 7-7-7A(2), ENCROACHMENTS, and 7-7-7B, STANDARDS FOR ALL STRUCTURES.

Manufactured Homes and Recreational Vehicles. The following standards in addition to the standards in 7-7-7A, GENERAL STANDARDS, and 7-7-7B, STANDARDS FOR ALL STRUCTURES apply, as indicated, in areas of special flood hazard to manufactured homes and to recreational vehicles which are located in areas of special flood hazard.

Accessory Structures Including Detached Garages. The following standards apply to new and substantially improved accessory structures, including detached garages, in the areas of special flood hazard shown on the Flood Insurance Rate Map designated in 7-7-5B.

Critical Facilities. In order to prevent potential flood damage to certain facilities that would result in serious danger to life and health, or widespread social or economic dislocation, no new critical facility shall be located within and Area of Special Flood Hazard, or within any 500-year flood zone shown as a B zone or a Shaded X zone on the Community's Flood Insurance Rate Maps.

To protect property values, create a more attractive economic and business climate and protect the physical appearance of the community from the effects of inharmonious and out-of-scale signs.

To preserve the scenic and natural beauty of designated areas and provide a more enjoyable and scenic community.

To reduce signs or advertising distractions or obstructions that may contribute to traffic accidents.

To provide reasonable, yet appropriate, conditions for advertising goods sold or services rendered in business districts by relating the size, type and design of signs to the type of establishment.

To control signs so that their appearance will be aesthetically harmonious with the overall design of the area.

To reduce hazards that may be caused by signs overhanging or projecting over public rights-of-way.

To curb the deterioration of natural beauty in the community's environment.

Banners, posters, pennants, ribbons, streamers, spinners or other similar moving, fluttering or revolving devices or strings of lights are prohibited.

Rotating or revolving signs;

Beacons;

Any sign mounted, attached or painted on a trailer, boat, or motor vehicle when parked, stored, or displayed conspicuously on the public right-of-way or private premises in a manner intended to attract attention of the public for advertising purposes. If on-site parking is available, such vehicles must be parked to the interior side yard or rear yard of the building, or in a location as directed by the Commissioner of Building. This provision expressly excludes business signs that are permanently painted on, or magnetically attached to, motor vehicles or rolling stock that are regularly and consistently used to conduct normal business activities.

Signs, as regulated by this Ordinance, used to attract attention to an object, product, place, activity, institution, organization or business not available or located on the premises where the sign is located, unless part of a unified development and a coordinated sign plan is approved.

Signs advertising or identifying a business which is no longer operating. Any sign accessory or incidental to a business shall be removed within 30 days after the business ceases to operate;

Roof signs placed, inscribed or supported upon or above the highest part of the roofline except such directional devices as may be required by the FAA;

Signs that create a traffic hazard by obstructing the view at any street intersection or by design resemblance through color, shape or other characteristics common to traffic control devices;

Signs that encroach into the clear sight triangle as described in §  2-5-1;

Signs in the public right-of-way or on other public property; and

A sign attached to any accessory structure, including but not limited to, a screen wall, refuse enclosure, fence or cart corrals.

Exempt Signs. The following signs shall be exempt from regulation under this Section and shall not require a building permit for a sign as described in §  8-10.

Signs Not Requiring a Permit. The following signs shall be exempt from regulation under this Section and shall not require a building permit for a sign as described in §  8-10, provided that the sign meets the additional standards given below.

Any illuminated sign or lighting device shall employ only lights emitting a light of constant intensity and no sign shall be illuminated by or contain flashing, intermittent, rotating or moving light or lights.

In no event shall any illuminated sign or lighting device be placed so as to permit its beams and illumination to be directed upon a public street, highway, sidewalk or adjacent premises so as to cause glare or reflection that may constitute a traffic hazard or nuisance.

The full number of illuminating elements of a sign shall be kept in working condition or immediately repaired or replaced.

Computation of Area of Multi-faced Signs. The sign area for a sign with more than one face shall be computed by adding together the area of all sign faces. When two identical sign faces are placed back to back, the size of any single face shall not exceed 50 percent of the total area permitted.

Computation of Height. The height of a sign shall be computed as the mean distance from the base(s) of the sign at finished grade to the top of the highest attached component of the sign. Normal grade shall be construed to be the newly established grade after construction, exclusive of any filling, berming, mounding, or excavating solely for the purpose of locating the sign.

All Signs. The maximum area of all signs, excluding those that are exempt, shall be related to the height of the building above the finished grade and the length of the wall of the building facing the nearest street. The total maximum face area for all signs shall not exceed X square feet per linear foot of building frontage where X equals the values in the following table. Lots fronting on two or more streets are allowed to calculate all street frontages into the allowable allocation. The allowance included in the prior sentence shall not be applicable to any Controlled Access Highway as detailed in §  120-5 of the Code of the Town of Amherst or any other street where vehicular access is not permitted including, but not limited to, the New York State Thruway (I-90), the Youngmann Expressway (I-290) and the Lockport Expressway (I-990).

Pole Signs. The maximum total face area for a pole sign shall be determined by the street frontage of the lot. Where the lot fronts on more than one street, the frontage shall be the length of the longest side. The size of any single face shall not exceed 50 percent of the total area permitted.

A permitted public and civic use located in a residential district shall be allowed a maximum of 32 square feet of total sign area. Ground and wall signs shall be permitted and shall not contain a message center sign. Such signs shall be located a minimum of 25 feet from any lot line.

A Coordinated Sign Plan shall be required for all existing and newly proposed multiple developments as defined in § 2-4 and in accordance with § 8-11.

All signs in a multiple development shall conform to the approved Coordinated Sign Plan on file with the Town. It shall be the responsibility of the owner of the development to ascertain that the most updated version is on file for purposes of this Ordinance.

Building permits for signs for individual businesses within multiple developments shall be approved by the Commissioner of Building, following Coordinated Sign Plan approval.

No owner, tenant or other user of a multiple development may erect, permit to be erected, or use any sign deviating from or not included within the approved coordinated sign plan.

Exterior portable or temporary signs shall be limited to a maximum sign area of 32 square feet per face and erected, used or maintained only after obtaining a temporary building permit for a signs in accordance with §  8-10. A temporary building permit for a sign shall be issued for the following purposes only:

No more than two temporary building permits for signs shall be issued within any calendar year for any business on the premises. Temporary signs shall not be allowed within multiple developments as defined in §  2-4, except as provided in 7-8-10A(1), (2), (3) and (7).

Abandoned Signs. Except as otherwise provided in this Ordinance, any sign which is located on property which becomes vacant and unoccupied for a period of three consecutive months or more, or any sign which pertains to a time, event or purpose which no longer applies, shall be deemed to have been abandoned. Permanent signs applicable to a business temporarily suspended because of a change of ownership or management of such business shall not be deemed abandoned unless the property remains vacant for a period of six months or more. An abandoned sign is prohibited and shall be removed by the owner of the sign or owner of the premises at the direction of the Commissioner of Building. Failure to remove an abandoned sign shall be a violation of this Ordinance.

Unlawful Signs. No person shall erect on any premises owned or controlled by such person or use any sign which does not comply with the provisions of this Ordinance.

Street Improvement Projects. Any sign projecting over a public right-of-way which was subject to removal or relocation at the owner's expense, pursuant to a permit or other ordinance of the town, shall be removed by the owner or altered at the owner's expense to comply with the regulation of this Ordinance if, as the result of or after completion of a street improvement project, the sign does not or would not comply with the provisions of this Section.

The purpose of a Coordinated Sign Plan is to detail the standards for uniformity to which the development proposes to conform, and to state the manner in which the design criteria and standards for uniform signage are in compliance with these regulations.

Signs shall be designed to be integrated with the design and architectural character of the building and be compatible with the surroundings in which they are placed.

Sign panels and graphics shall relate to, be in proportion to and not cover architectural features. Raceway cabinets, where used as an element of building mounted signs, shall match the color at the location of the building where the sign is located.

Signs shall be appropriate to the types of activities they represent.

The layout of signs shall be orderly and graphics shall be of simple shape, such as rectangle, circle or oval and consistent throughout a multiple development.

The number of different fonts shall be kept to a minimum and should be selected to provide for clarity and artistic integrity. If a tenant does not have a company logo, the font used shall be consistent with the font common to the overall development.

The number of colors used for signs shall achieve a harmonious appearance throughout the development and be the minimum necessary to be consistent with the overall design.

The materials used in the composition of the signs should be compatible with building facades and should contribute to the legibility of the signs.

The illumination of signs shall be appropriate to the character of the sign, its surroundings and generally consistent throughout the development. Illumination shall be of constant intensity, duration, with the light source (excluding neon) shielded and where applicable directed solely onto the sign(s).

Groups of related signs shall express uniformity and create a sense of harmonious appearance.

The orientation of signs should be consistent throughout the development.

The number and content of signs shall be no more than is necessary to provide reasonable identification of the businesses within a multiple development.

The size, location, and type of signs shall be consistent on the facades of buildings and faces of free standing signs, except for: