Aurora City Zoning Code
ARTICLE II
Supplementary Regulations
§ 116-15 Provisions deemed additional to district regulations; applicability.
The provisions of the district regulations shall be subject to additional requirements, limitations and exceptions in accordance with the following supplementary regulations. Unless otherwise specified, such supplementary regulations shall apply in all districts.
§ 116-16 Accessory uses.
A use specified in one district shall not be permitted as an accessory use in another district unless such use is also specified in such other district.
§ 116-17 Limitations on accessory uses in R Districts.
In any R District, the permitted accessory uses on any premises shall not:
A.
Occupy a total floor space exceeding 25% or 500 square feet of the floor area of the dwelling, whichever is lesser;
B.
Occupy more than 5% of the lot area;
C.
Include the establishment of any new access driveway to business or industrial premises;
D.
Include a private garage with vehicular entrance headroom more than 10 feet high;
E.
Include the storage of volatile substances in quantities greater than 300 gallons on any lot; or
F.
Include any home occupation which is noxious or offensive by reason of dust, fumes, gas, noise, odor, refuse matter, smoke, vibration, unreasonable use of lights or nighttime operation.
§ 116-18 Accessory buildings/structures in R Districts.
§ 116-19 Keeping of dogs, fowl, and other animals in R-1, R-2 and R-3 Districts.
A.
No bees, cattle, horses, goats, sheep, swine, mink, fox or other commercial fur-bearing animals, chickens, ducks, geese, pigeons or other fowl shall be kept, harbored or maintained in any R-1, R-2 or R-3 District. The Zoning Board of Appeals may grant temporary or permanent permission to keep chickens on such conditions as it may require.
B.
No more than three dogs over the age of four months shall be kept, harbored or maintained in any R, A or C District. The Zoning Board of Appeals may grant temporary or permanent permission to keep more than three dogs on such conditions as it may require.
§ 116-20 Restriction of uses adjacent to R Districts.
A.
Within 500 feet of the property line of another lot which is in any R District, no fur farm or commercial livestock feed lot shall be hereafter established or extended.
B.
Within 100 feet of the property line of any such lot, no farm materials or process shall be hereafter stored or maintained in such amount or manner as will be noxious or offensive to an unreasonable degree.
C.
Nothing herein shall be construed to prohibit all usual and incidental farm and diary operations and the processing of products, animals or fowl raised or produced on any farm by the owner or occupant thereof.
§ 116-21 Excavations.
A.
Clay, gravel, rock, sand, shale or other earth or natural mineral deposit shall not be excavated, quarried or otherwise removed from any premises, except for the purposes of construction thereon, and in no case within 100 feet of any street line or, unless to be used on contiguous property with the consent of the owner thereof, within 20 feet of any lot line of other premises.
B.
The Town Board may grant a special use permit for the stockpiling and sale of such materials upon written application of the owner, which application shall contain a detailed statement of the proposed work together with plans of such removal and of the restoration of the premises. Approval of any such application shall be conditioned on the following requirements:
(1)
Nearby property owners and occupants shall be protected against unreasonable nuisances and hazards during the period of operations.
(2)
All such excavations over five feet in depth shall be leveled on the bottom by refilling and shall be graded on all sides with a slope of not less than 1 1/2 feet horizontal for each one foot of vertical depth, or in lieu of sloping all sides of such excavations as herein provided, a permanent fence or barricade effectively prohibiting access to such excavation shall be erected and maintained on all sides thereto.
(3)
The applicant shall agree to such further conditions as the Town Board may impose for public safety and the general welfare, including the filing of an acceptable bond or deposit to guarantee compliance.
§ 116-22 Effect of changes in street width or length on front yards and setbacks.
Where a widening or extension of an existing street or highway right-of-way or the establishment of a new street or highway is indicated on the Zoning Map or on an Official Map adopted by the Town Board, any front yard or building setback required by this chapter shall be measured from such widened, extended or new right-of-way. Unless otherwise indicated on the map, any widened right-of-way shall be assumed to be centered on the former street or highway center line.
§ 116-23 Exception to height limitations.
The height limitations of this chapter shall not apply to chimneys, church spires and belfries, water tanks or necessary mechanical features not occupying more than 1/10 of the roof area. In any R or C District, a public or nonprofit institutional building may be erected to a height greater than that specified for the district, provided that each front, side and rear yard is increased one foot for each one foot of additional height.
§ 116-24 Lot frontage on street.
No dwelling shall be erected on any lot which does not have immediate frontage on an existing or platted street or highway as provided in § 280-a of the Town Law.
§ 116-25 Lots in two districts.
A.
Where a district boundary line divides a lot in single or joint ownership of record at the time such line is established, the regulations for the less-restricted portion of such lot shall extend not more than 50 feet into the more-restricted portion, provided that the lot has frontage on a street or highway in the less-restricted portion.
B.
A single lot having street frontage in the RR District and which lot extends into the A District shall follow the minimum lot size requirements and setback regulations for the RR District for the construction of a single-family or two-family dwelling in the A-zoned portion of the lot.
§ 116-26 Effect on lots of record.
The requirements of this chapter with respect to lot area and lot width shall not be construed to prevent the erection of a one-family dwelling on any lot of record in ownership separate from that of any adjacent lots at the effective date of this chapter, provided that the sanitation, yard and setback requirements are complied with.
§ 116-27 Off-street parking.
A.
General requirements.
(1)
A parking space shall be a minimum of nine feet wide and 19 feet long and shall be served by a parking aisle which is no less than 24 feet wide for two-way traffic or 12 feet wide for one-way traffic.
(a)
Fifteen percent of the required parking spaces may be formatted to serve compact cars. The minimum size of these spaces shall be seven feet wide and 14 feet long.
(2)
An area containing one or more parking spaces shall have direct access to a public street or alley.
(3)
Parking area design shall conform to parking area dimensions as set forth herein. All parking areas which require 20 or more parking spaces shall have a dust-free surface and be properly marked.
(4)
All parking areas shall be property drained so as not to impact neighboring properties or rights-of-way.
(5)
All parking areas shall be constructed to withstand the loads to be imposed.
(6)
Outdoor lighting for off-street parking areas shall be designed to shield adjacent properties from glare.
(7)
Off-street parking areas of all developments shall be designed so that sanitation, snow removal, emergency and other public service vehicles may serve such developments without restriction or obstruction.
(8)
No off-street parking shall be located over an active or auxiliary septic tank or septic field.
(9)
The size and number of handicapped parking spaces shall be as required by the approved New York State Building and Fire Prevention Code. Such number of spaces shall be included in the total number of required parking spaces.
(10)
Shared access and parking arrangements with adjoining properties shall be reviewed and approved by the Town Board. Appropriate legal access agreements shall be provided by the property owner or developer. Such agreements shall be reviewed and approved by the Town Attorney prior to final approval by the Town Board.
(11)
The Town Board may recommend that green space be substituted in lieu of the required parking area on a particular site plan.
B.
Existing parking areas.
(1)
Any existing off-street parking area may continue in use unimpaired.
(a)
In the event that a facility and/or parking area is subject to site plan review and/or special use permit, the existing parking area shall not be enlarged, reduced, or have entrances and/or exits relocated without Town Board review and approval.
(2)
It shall be the responsibility of the property owner to provide the total number of off-street parking spaces required by this chapter for any uses which are enlarged, erected or structurally altered after the effective date of this article. All required parking areas shall be completed and landscaped prior to occupancy of any structure.
C.
Minimum required spaces based on occupancy.
(1)
All minimum required parking spaces based on occupancy and use of a property shall be as regulated by the Town of Aurora Parking Guideline.
(2)
Any use not specifically addressed or referred to in the Town of Aurora Parking Guideline shall be subject to parking requirements of the listed use that most closely matches the proposed use as determined by the Town of Aurora Code Enforcement Officer or his/her representative.
Town of Aurora Off-Street Parking Guideline | |
|---|---|
Type of Use | Number of Parking Spaces |
Residential | |
Single-family dwelling | 2 |
Two-family dwelling | 4 |
Multiple-family dwelling | 2 per dwelling unit |
Senior housing | 1 per dwelling unit |
Boarding- or rooming house; bed-and-breakfast | 1 per guest room plus spaces required for principal use |
Home occupation | 1 per 200 square feet of floor area used for the home occupation |
Business and Commercial | |
Retail stores and services | 1 per 300 square feet of gross floor area |
Banks | 1 per 500 square feet of gross floor area plus 1 per employee for the largest shift; 5 queuing spaces per drive-through lane |
Office, medical or dental; laboratory | 4 per professional, plus 1 per employee for the largest shift |
Office, general or professional | 1 per 300 square feet of gross floor area |
Hospital, nursing home, convalescent home | 1 per employee for the largest shift, plus 1 for every 6 patient beds |
Hotel, motel, inn | 1 per guest room, plus 1 per employee for the largest shift. Additional spaces shall be required for any restaurant or other accessory use on the property |
Restaurant (standard and fast-food); tavern | 1 per 3 patron seats or 150 square feet of gross floor area, plus 1 per employee for the largest shift. Five off-street queuing spaces for each drive-through lane. |
Funeral homes | 1 per 150 square feet of gross floor area |
Beauty parlor/barbershop | 1.5 per patron service/treatment chair |
Gas stations | 4 per bay |
Day-care center | 1 parking space and 1 queuing space per 300 square feet of gross floor space |
Ice-skating rinks; roller-skating rinks | 1 per 300 square feet of gross floor area |
Health/fitness clubs; swimming clubs | 1 per 150 square feet of area devoted to the activity |
Storage and warehouse facilities | 1 per 4,000 square feet of floor area devoted to storage |
Industrial uses | 1 per 4,000 square feet of floor area devoted to storage and/or stationary operating equipment |
Outdoor storage | 1 per 4,000 square feet of area devoted to outdoor storage, including used car lots; equipment rental; sales yards |
General Uses | |
Meeting halls, theaters or other places of public assembly not otherwise specified | 1 per 4 seats or 60 square feet of seating area where fixed seating is not provided |
Churches | 1 per 4 seats |
High schools and colleges | 5 per classroom |
Nursery and elementary schools | 1 per employee plus on per classroom |
Dance halls or dance studios | 1 per 150 square feet of gross floor area |
Bowling alleys | 5 per bowling lane, plus 1 per employee for the largest shift |
Tennis club | 5 per court |
§ 116-28 Projections into yards.
The following structures shall be allowed within required yards:
A.
A wall or fence not over 3 1/2 feet high in any front yard or side-street side yard, subject to § 116-38.
B.
A wall or fence not over seven feet high in any other yard.
C.
A retaining wall of any necessary height.
D.
Balconies, bay windows, chimneys and roof projections not exceeding three feet.
E.
Unenclosed porches projecting into any required side or rear yard not more than 1/4 the required width or depth of such yard.
F.
Steps not extending and not enclosed above the floor level of the first story.
§ 116-29 Public water and sewers.
A.
If a public water supply is available, no new residence or other new principal building, except a farm structure, shall be constructed, erected, built, or used without connection with such water supply.
B.
If a public sewer system is available, no new residence or other new principal building, except a farm structure, shall be constructed, erected, built, or used without connection with such public sewer system.
§ 116-30 Effect on public utilities.
The provisions of this chapter shall not be construed to limit or interfere with the construction or operation, for public utility purposes, of water and gas pipes, electric light and power transmission and distribution lines, communication lines, oil pipelines, sewers and incidental appurtenances or with any highway or railroad right-of-way existing or hereafter authorized by the Town of Aurora, County of Erie or State of New York. The above exceptions shall not be construed to permit service yards, repair garages or other service or storage structures or uses by said public utilities except as otherwise permitted by this chapter.
§ 116-31 Sanitation facilities.
The dumping of garbage or rubbish shall be permitted only in locations and under conditions approved by the Town Board and the Erie County Department of Health. Any new or modified facilities for the treatment, storage or disposal of sewage, including excreta, bath, sink and laundry wastes or trade wastes, shall be provided and installed in accordance with the rules, regulations and standards of the New York State and Erie County Departments of Health. Careful consideration shall be given to the location and construction of private water supplies to assure adequate protection of such supplies.
§ 116-32 Shopping and industrial centers.
A.
The owner of land in any zoning district except an R or A District may apply to the Town Board for a special use permit for the development and operation of a shopping center or an industrial center on such land, provided that:
(1)
The proposed site is not less than five acres in area.
(2)
A survey map is submitted showing contours, other natural features and existing development on the proposed site and also on all adjacent premises.
(3)
A proposed development plan is submitted showing all proposed buildings, drives, parking areas and other features.
(4)
A stormwater pollution prevention plan (SWPPP) is submitted, together with the recommendation of the Stormwater Management Officer to approve, approve with modifications, or disapprove the SWPPP pursuant to § 96-4B of the Code. A special permit shall not be granted unless the SWPPP and proposed plan conform to the performance and design criteria and standards in Chapter 96, Stormwater Management, of the Code.
B.
The Town Board shall refer every such application, survey map and proposed plan to the Town Planning Board for its recommendation thereon. The Town Planning Board shall approve, approve with modifications or disapprove such application and shall report its decision to the Town Board, stating its reasons based on:
(1)
The relation of the proposed project to any Town Comprehensive and/or Open Space Plan, now existing or hereafter adopted.
(2)
The need for the proposed project, at the present time.
(3)
The compatibility of the proposed project with adjoining land uses and with other proposed developments, having particular reference to its probable effect on the value of other land and to the adequacy of features intended to promote public safety and the general purposes of this chapter.
C.
The Town Board, on receipt of the Planning Board's recommendation, shall approve or disapprove the application or shall request the submittal of revised or more-detailed plans and specifications.
D.
If the application is approved, building and occupancy permits may be obtained, but only for the development and use authorized by the Town Board in accordance with the specifications and plans filed with and approved by the Town Board and with any further conditions imposed by the Town Board as to operation.
§ 116-33 Use of flammable siding.
In any district, no building shall be constructed, erected, built, altered or used which has its external side walls covered, in whole or in part, with exposed building paper, rolled roofing paper or other like flammable rolled or sheet material.
§ 116-34 Signs.
A.
In any R District, no sign shall be constructed, erected, built or used except:
(1)
Temporary signs pertaining to the lease or sale of a lot or building, not exceeding nine square feet in area, to be removed within 10 days after the property is leased or sold.
(2)
Church or school bulletin boards not exceeding 20 square feet in area.
(3)
Temporary signs not exceeding 20 square feet in area, related to a single activity or event, which may remain in place for a period of less than 30 days up to three nonconsecutive times a calendar year.
(4)
A sign of not more than four square feet in area displaying a street number, name of occupant(s) and/or name by which the property is known.
(5)
One builders' or contractors' sign, not exceeding 12 square feet in area, while construction is in progress. Such sign will be removed within 10 days after construction is substantially completed.
(6)
Professional nameplates not exceeding two square feet in area indicating only the name, degrees and/or profession of the person(s) residing on the premises and permitted to practice their profession thereon.
B.
In any A District, no sign shall be constructed, erected, built or used except:
(1)
Signs permitted in R Districts.
(2)
Signs not more than 24 square feet in area which advertise the products of the farm on which they are located.
(3)
When approved by the Zoning Board of Appeals, a freestanding sign not to exceed 24 square feet in area advertising nonagricultural uses permitted in an agricultural zone.
C.
In any C District, no sign shall be constructed, erected, built or used except:
(1)
Those signs permitted in R Districts.
(2)
A sign, not to exceed 32 square feet in area, attached to a building which advertises the business or products sold or manufactured on the premises, provided that no part of any such sign projects over any street line or more than five feet out from the wall or above the roof of the building to which it is attached.
(3)
One freestanding sign, not exceeding 32 square feet in area and no greater than six feet in height, which advertises the business or products sold or manufactured on the premises; additional freestanding signs (consistent with the above specifications) which are approved of by the Town of Aurora Zoning Board of Appeals.
D.
Signs constructed, erected, built or used in any district:
(1)
Shall not consist of animated or moving parts.
(2)
May only be illuminated by light of constant color and intensity. No flashing, rotating or moving lights or strings of lights (excluding temporary Christmas or similar holiday lights) may be used.
(3)
May not be illuminated from within (i.e., interior illuminated) or illuminated by neon or similar devices of technology.
(4)
Political signs and banners. This chapter shall in no event be construed or employed to restrict the political process within the Town of Aurora. Such political signs shall not exceed four square feet, shall be located on private property, shall be placed no earlier than 30 days prior to the voting day, and shall be removed within two days thereafter.
E.
Nonconforming signs existing prior to the enactment of this section, as amended, shall not be altered or enlarged except in compliance with this section.
§ 116-35 Topsoil stripping.
A.
No stripping or removal of topsoil shall be made within 100 feet of any street line or within 10 feet of any property line of land in different ownership.
B.
No stripping or removal of topsoil shall be made in any case except that:
(1)
The owner of lands may strip topsoil for use on the same or contiguous lands owned by him.
(2)
The Town Board may grant permission for stripping and removal of topsoil on condition that the land so stripped of topsoil shall be leveled, graded and drained, that not less than five inches of topsoil shall remain on such land and that such land, during the months of April and May or September and October next following such stripping and removal of topsoil, shall be prepared into a loose, level seedbed, limed, fertilized and seeded by applying ground limestone at the rate of one ton per acre, 5-10-5 fertilizer at the rate of 600 pounds per acre, disked and worked into the soil and smoothed, and the following seed mixture sown thereon at the rate of 20 pounds per acre and rolled firmly:
C.
The Town Board may require the filing of an acceptable bond or deposit to guarantee compliance with this section.
§ 116-36 Mobile homes; recreational vehicles.
A.
Except as provided in § 116-37, no habitable vehicle or mobile home shall be stored or used in any district as a temporary or permanent dwelling or for any trade or occupation, whether or not its wheels have been removed and whether or not it has been placed upon a foundation, except under the following conditions:
(1)
It shall be more than 150 feet from each street line and on a lot owned in fee by the occupant of such vehicle or mobile home.
(2)
Not more than one such vehicle or mobile home shall be located on any lot or parcel of land.
(3)
Such vehicle or mobile home shall not be stored, used or occupied for more than one year.
(4)
A permit therefor shall have been granted by the Code Enforcement Officer for not more than one year. The Board of Appeals may extend such period of occupancy and use for not more than six months on any single application therefor.
B.
None of the foregoing provisions shall be construed to prohibit storage of one recreation vehicle or travel or camping trailer on a lot upon which a dwelling has been lawfully erected or in an enclosed permanent building on such lot, provided that such trailer is owned by the occupant of such premises and, while so stored, is not used or occupied for sleeping or dwelling purposes and is not connected with electric, sewer, water or other utilities.
§ 116-37 Mobile home parks.
No mobile home park shall be hereafter established, extended, enlarged or opened for use in any district, except that in any A District, the Town Board may authorize the establishment, extension, enlargement and use of mobile home parks subject to the following conditions:
A.
The development, maintenance and operation of such mobile home park shall comply with all applicable laws, ordinances and regulations.
B.
The mobile home park shall have been approved by the Erie County Health Department.
C.
Highway access shall have been approved by the Highway Superintendent or department having jurisdiction.
D.
All electrical installations and equipment and fire-protection measures shall meet the requirements of the New York State Board of Fire Underwriters.
E.
Each mobile home or habitable vehicle shall be set back at least 150 feet from every street line.
F.
The individual parking space or plot upon which each mobile home shall be located shall be not less than 40 feet in its least horizontal dimension and not less than 3,200 square feet in area and shall be provided with individual water supply and sewer connections.
G.
A site plan showing all water, sewer and other utilities, the individual mobile home plots and all buildings, roads and other improvements in connection with the proposed mobile home park, prepared and signed by a New York State-licensed professional engineer, shall be submitted as part of the application for such mobile home park.
H.
A stormwater pollution prevention plan (SWPPP), if required for the proposed mobile home park development, extension, or enlargement under Chapter 96, Stormwater Management, of the Code, shall be submitted as part of the application for such development, extension, or enlargement, together with the recommendation of the Stormwater Management Officer pursuant to § 96-4B of the Code. If an SWPPP is submitted pursuant to this section, the application shall not be approved unless the SWPPP complies with the performance and design criteria and standards in Chapter 96, Stormwater Management, of the Code.
I.
The Town Board shall have held a public hearing in regard to such application, on like notice to that specified in § 116-92 of this chapter for a hearing before the Board of Appeals, except that owners of all properties abutting on the lot or premises to be used for such mobile home park shall have been notified of such hearing in the manner specified in said § 116-92.
J.
The application shall have been submitted by the Town Board to the Town Planning Board for its recommendations, and such recommendations shall have been reported to the Town Board, together with reasons, based on:
(1)
The relation of the proposed mobile home park to any Town Comprehensive and/or Open Space Plan, now existing or hereafter adopted.
(2)
The need for said mobile home park at the present time.
(3)
The compatibility of said mobile home park with adjoining land uses and other proposed developments, with particular reference to its probable effect on land values, public health, public safety and the general purposes of this chapter.
§ 116-38 Visibility at intersections.
No fence, wall, building or other structure, tree, shrub or other planting which obstructs sight lines at elevations between two feet and six feet above the roadway shall be placed or permitted to remain on any corner lot in the triangular area formed by intersecting street lines and a line connecting them at points 50 feet distant from their intersection.
§ 116-39 Storage of volatile materials.
All volatile materials shall be stored, kept and used only in containers and in the manner approved by the New York State Board of Fire Underwriters.
§ 116-40 Driveway culvert installation.
Driveway culvert installation shall be approved prior to construction of a driveway. Town Highway Superintendent shall approve the culvert type for Town roads and installation of culverts, excavation and backfill of pipe trenches shall be in accordance with the Standard Specifications and Details for Materials and Construction of the Town of Aurora on file in Town offices. The Erie County Highway Department shall approve all culverts installed on County Highways. The New York State Department of Transportation shall approve all culverts installed on New York State Highways.