The purpose of this article is to promote the public health, safety, welfare and aesthetics of the community and enhance the City of Batavia's environmental and visual character for its citizens' use and enjoyment. The provisions in this article shall apply to multifamily, large-scale multifamily, and commercial development. Applications for site plan approval shall comply with this article.

This article is intended to provide a better transition between various land uses, provide for the natural visual screening of parking areas, preserve the existing visual quality of adjacent lands, establish coordination among architecturally diverse buildings, create a harmonious strip appearance along the roadway, enhance, conserve and stabilize property values, enhance the overall visual quality of new development in accordance with the City of Batavia's Visual Preference Survey, reduce surface runoff, minimize soil erosion, reduce air and sound pollution and create a safe and pleasant corridor for pedestrians.

The landscaping and or buffering plan shall be reviewed by the Planning and Development Committee following the same process as outlined in § 190-44 for site plan review. Landscaping and or buffering plan review shall take place at the same time as site plan review.

All landscaping and/or buffering plans shall comply with the New York Environmental Quality Review Act and Article 27-A of the General City Law regarding approvals and time periods for review.

Previously approved development.

Expansion to an existing structure that increases the lot coverage by less than 3% or 1,300 square feet, whichever is less and does not require that additional parking be provided.

An approved use variance that increases the lot coverage by less than 3% or 1,300 square feet, whichever is less and does not require that additional parking be provided.

Property in the C-3 Downtown District where the property has a structure that occupies 90% or more of the lot and will continue to do so after the building permit is issued.

Preliminary landscaping and/or buffering plan. Preliminary landscaping and/or buffering plan review is optional and provides an opportunity for the applicant to meet with the Planning and Development Committee prior to final submission of the landscaping and/or buffering plan for direction and guidance. When possible, preliminary landscaping and/or buffering plan review shall take place in conjunction with sketch plan review. A preliminary landscaping and/or buffering plan shall consist of the following:

Final landscaping and/or buffering plan. Final landscaping and/or buffering plan review shall take place in conjunction with final site plan review. The final landscaping and/or buffering plan shall include the following:

Landscaping and or buffering shall not be placed where it interferes with site drainage.

Utility lines must be identified to prevent the installation of vegetation with root systems that may damage utilities.

Vegetation whose roots are known to cause damage to public roadways or other public works shall not be planted closer than 12 feet to such public works.

All new plant materials shall be compatible with the existing vegetation of the site and the surrounding area. Plant materials judged to be inappropriate by the Planning and Development Committee will not be approved.

Vegetation shall be of nursery stock and robust when planted.

The landscape contractor shall furnish and install and/or dig, ball burlap and transplant all plant materials listed on the plant schedule. Bare root is not permitted for any tree.

Plants shall conform to following the measurements immediately after planting:

After cultivation, all plant materials shall be mulched with a two- to three-inch layer of tan bark, peat moss or another approved material over the entire area of the bed or saucer.

The preservation of trees and vegetation of special significance due to size, age, habitat or historical importance may be required.

The preservation of existing woodlands is encouraged and may be substituted for all or part of the landscaping and/or buffering requirements listed hereafter.

No tree planting area may be less than five feet wide in any dimension.

Acceptable screening materials include shade, ornamental and evergreen trees, shrubs, walls, fences, and berms. Vines may be used in conjunction with fences, screens, or walls. Fences and walls may not consist of corrugated metal, corrugated fiberglass, sheet metal, or wire mesh. Chain link shall not be considered a buffer.

Trees that drop gum may produce an unkempt appearance and messy vehicles. Such trees should be avoided near public rights-of-way and parking areas.

Selected vegetation should be able to stand up to the environmental abuse it will receive from exhaust fumes, dirt, soot, salt and deicing compounds.

Grading shall not be allowed within the dripline of trees to be retained.

The amount of buffering required shall depend on the nature of adjacent land uses. The more incompatible the use, the more buffering that shall be required. The amount of required buffering is to be determined by Tables A and B.

Buffer planting shall include an area of at least 10 feet in depth provided along the side and rear property lines of the subject property.

If all or any part of the buffer has been provided on the adjacent property, the proposed use must provide only that part of the buffer that has not been provided on the adjacent property.

Buffer areas shall be within the property lines of the subject lot.

A landscape strip must be provided between the parking lots at least five feet in depth.

The landscape strip shall be located on the property of the subject lot.

One shade or ornamental tree and three shrubs are required for 35 linear feet of perimeter.

If all or any part of the landscaped strip has been provided on the adjacent property, the subject lot must provide only that amount of the landscaped strip that has not been provided on the adjacent property.

Requiring perimeter landscaping between adjacent parking lots shall not preclude the need to provide vehicular access between lots.

A minimum of one shade or ornamental tree and 10 shrubs shall be planted for every 35 feet of frontage in the aforementioned strip, excluding driveway openings.

A landscaped strip of land at least 10 feet in depth shall be located between the abutting right of way and the subject lot.

If the applicant provides a berm that is at least 2.5 feet higher than the finished elevation of the parking lot, planting requirements are reduced to one shade tree and five shrubs for every 35 linear feet of frontage.

The landscaped strip must be located on the property, adjacent to the public right-of-way and shall be landscaped with grass or other ground cover approved by the Planning and Development Committee. The strip may not include any paved surfaces with the exception of pedestrian sidewalks or trails that cross the strip.

The owner, tenant and their agent, if any, shall be jointly and severally responsible for the maintenance of all landscaping and or buffering which shall be maintained in good condition so as to present a healthy, neat and orderly appearance.

All approved landscaping and or buffering must be maintained in accordance with the following standards:

Due to seasonal planting problems and a lack of plant availability, approved landscaping and/or buffering plans may require minor revisions.

Minor revisions to planting plans are accepted if there is no reduction in the quality of plant material or no significant change in the size or location of plant materials, and if new plants are of the same general category and have the same general characteristics as the materials being replaced.

Minor revisions may be made without review by the Planning and Development Committee if it is the judgment of the Code Enforcement Officer that a revision to an approved plan is a minor revision.

Methods of alternative compliance shall be considered when one or more of the following conditions apply:

Review of alternative methods of compliance shall take into consideration how the proposed materials, placement of materials and number of materials equal the prescribed regulations in terms of quality, effectiveness, durability, hardiness and performance.

The applicant must describe which of the requirements will be met with modifications, which project conditions justify using alternatives and how the proposed measures equal, exceed or fall short of normal compliance.

The applicant must show that the method will not alter the essential character of the neighborhood.

The Code Enforcement Officer or Building Inspector shall oversee the installation and maintenance of required plants.

The Code Enforcement Officer or Building Inspector shall deny a building permit application where the Planning and Development Committee has disapproved a landscaping and/or buffering plan.

The Code Enforcement Officer or Building Inspector shall not issue a certificate of occupancy until all conditions specified by the Planning and Development Committee in the landscaping and/or buffering plan have been met.

In the event maintenance or replacement is not conducted in accordance with these provisions, the Code Enforcement Officer shall give written notice of noncompliance to the owner of record of such property. The notice shall order compliance within 30 days.

The Code Enforcement Officer may authorize additional time to comply to coincide with the planting season.

If the property owner remains in noncompliance at the end of 30 days and an extension has not been granted by the Code Enforcement Officer, a fine may be issued to the property owner no less than $50 and no greater than $250.

Accessory uses permitted in residential districts shall not alter the character of the premises on which they are located or impair the neighborhood and shall be located on the same lot with the use to which they are accessory.

Permitted accessory uses shall include the following:

Accessory uses permitted in Limited Commercial Districts shall not alter the character of the premises on which they are located or impair the neighborhood, and shall not include any use not on the same lot with the use to which they are accessory.

Permitted accessory uses include the following:

Satellite dishes (disks) for television reception shall be allowed in any zone subject to the restriction set forth in § 190-35D.

A building permit must be obtained to install a satellite dish greater than five feet in diameter.

Freestanding satellite dishes greater than 13 feet in diameter, or any satellite dish greater than eight feet in diameter to be mounted on a building, shall require installation design certified by a registered architect or licensed professional engineer.

Freestanding satellite dishes not more than 13 feet or not less than 10 feet in diameter shall be installed as follows:

Unless otherwise provided for elsewhere in this chapter, any use of land or a structure, which use was lawful at the time of the effective date of this chapter, may be continued; provided, however, that such use or structure shall have continued in operation, does not constitute a nuisance and shall not be enlarged, altered or changed in area, activity or content during its continuance, except as provided otherwise in this chapter.

Any use or structure which was in violation of this chapter prior to adoption of this chapter shall not be regarded as nonconforming under this chapter.

The use or occupancy of a nonconforming structure which was a lawful structure at the time of the effective date of this chapter may be continued; provided, however, that no enlargement, change or alteration shall be permitted upon such structure, except upon a finding by the Code Enforcement Officer that such enlargement, change or alteration will produce greater compliance with this chapter and that the use within such structure is in conformity with the requirements of this chapter; and further provided that no enlargement, change or alteration of a structure housing a nonconforming use shall be permitted, except upon a finding by the Board of Appeals that such enlargement, change or alteration will permit greater compliance with the provisions of this or other appropriate regulations, as required by the Board of Appeals, and is installed or instituted to minimize the detrimental effects of the nonconforming use upon adjoining conforming uses.

Nothing in this chapter shall be deemed to prevent the strengthening or restoring to a safe condition of any structure, or part thereof, declared to be unsafe by any official charged with providing for the public safety, which strengthening or restoration is ordered by such official.

Any building, other structure or use of land which is made nonconforming by any lot size, open space, height or building size regulations of this chapter, or by any subsequent amendments thereto, may be continued, except as hereinafter provided.

A structure containing a nonconforming use may not be renovated or structurally altered during its life to an extent exceeding, in aggregate cost, 50% of the market value of the building unless said building is changed to a conforming use. The market value shall be the product of the structure's current assessed value as indicated on the City's assessment records times the City's equalization rate. Nothing in this chapter shall prevent the renovation or repair of nonstructural members or the maintenance of a structure made necessary by ordinary wear and tear. Under this provision a nonconforming use within a structure shall not be substantively extended or physically expanded.

Any portion of a structure that is determined to be nonconforming in regard to any provision of this chapter shall not be renovated or structurally altered for a nonconforming use except under the regulations set forth in the preceding Subsection A, but may be renovated or structurally altered, but not expanded, if occupied by a conforming use.

A nonconforming use shall not be extended, but the extension of a lawful use to any portion of a structure which existed prior to the enactment of this chapter shall not be deemed the extension of such nonconforming use. An extension of a nonconforming use shall include any activities or actions that expand the area or volume occupied by a nonconforming use. Such activity or action shall include, but not be limited to, the physical expansion of a nonconforming use into previous underutilized, vacant or a new constructed space; the increase in size of any parking related to a nonconforming use; and the increase in any item that will result in a larger parking requirement as defined in § 190-39.

Any portion of a structure that is determined to be a nonconforming in regard to any provision of this chapter shall not be extended unless such extension is in conformance with this chapter or any necessary variances are obtained from the Zoning Board of Appeals.

Once changed to a conforming use, no building or land shall be permitted to revert to a nonconforming use. A nonconforming use may be changed to another nonconforming use only under the following conditions:

With any change in use from a nonconforming use, any nonconforming area dimension on the premises shall cease to be a valid preexisting nonconforming use.

The proposed installation in a specific location is necessary and convenient for the efficiency of the public utility system or the satisfactory and convenient provision of service by the utility to the neighborhood or area in which the particular use is to be located.

The design of any building in connection with such facility conforms to the general character of the area and will not adversely affect the safe and comfortable enjoyment of property rights of the district in which it is located.

Adequate and attractive fences and other safety devices will be provided.

A buffer strip 10 feet in width shall be provided around the perimeter of the property.

Adequate off-street parking shall be provided.

All of the area, yard and building coverage requirements of the respective zoning district will be met.

A minimum area of 10,000 square feet with 75 feet of frontage shall be provided.

Not more than 30% of the lot shall be covered by building area.

Minimum setbacks of 35 feet for rear and front yards and a minimum of 12 feet for one side yard and a total of 25 feet for both side yards shall be required for all new construction.

On an existing structure which is connected and providing no additions are required, the Planning and Development Committee shall determine that the proposed use and structure will not be detrimental to adjoining properties.

Off-street parking shall be provided at a rate determined by the Planning and Development Committee to be appropriate for the specific use or uses proposed. At a minimum, one space for each employee shall be provided. The provisional parking requirements of § 190-39 shall serve as a guide in determining appropriate off-street parking. No parking shall be permitted within any portion of the front yard.

Where a parking area is located within 20 feet of a residential property, continuous solid screening of fencing and/or coniferous plantings at least six feet in height shall be placed and maintained between the parking spaces and the neighboring residential use property. Parking area accessways shall not be required to be screened.

No more than four professional offices shall occupy one building.

If the proposed use is to be located in a residential building, the residential facade shall be maintained.

Site plan submittals.

Detailed plot plans, showing parking, building location, buffer areas, etc., shall be submitted.

No structure shall contain more than one dwelling unit per 650 square feet of lot area. For structures which exceed eight stories in height, the minimum lot area per dwelling unit shall not exceed 800 square feet.

The minimum lot width shall be 150 feet.

All yards shall have a minimum depth equal to not less than 1/2 the height of the tallest building but in no case shall the required yard areas be less than 35 feet.

No apartment unit shall have less than 396 square feet of gross living area.

Parking may be provided in any yard area but the front yard and shall be in the ratio as approved by the City Council.

Not more than 40% of the lot area shall be covered by building area.

Each building shall be provided with at least one passenger elevator and one service/passenger elevator.

One project identification sign shall be permitted which shall not exceed 25 square feet in area and shall be situated not less than 10 feet within the property lines. The sign may include only the name of the project, the street address, and the presence or lack of vacancies.

It shall be determined that the proposed use is compatible in the adjoining land uses.

The proposed use will not adversely affect the general health, safety and welfare of the public.

The applicant shall indicate precautions taken to protect the general health, safety and welfare of the public.

A site plan shall be prepared to show the location of buildings, parking areas, and driveways. In addition, the site plan shall show the number and location of fuel tanks to be installed; the dimensions and capacity of each storage tank; the depth the tanks will be placed below the ground; the number and location of pumps to be installed; the type of structure and accessory buildings to be constructed; the location, height, and lighting power of proposed lighting standards; and the manner in which buffering is to be provided.

Automobile service stations and drive-in restaurants shall have the following yard restrictions:

Driveways at service stations, drive-in restaurants and other uses providing drive-in service shall not be less than 20 feet nor more than 24 feet in width at any point. Driveways must be at least 20 feet from any side lot line and 50 feet from the intersection of street lines. No more than two driveways shall be permitted for each 125 feet of street frontage.

The entire area of the site traveled by motor vehicles shall be hard surfaced.

Any repair of motor vehicles shall be performed in a fully enclosed building, and no motor vehicle shall be offered for sale on the site. No motor vehicle parts or partially dismantled motor vehicles shall be stored outside an enclosed building.

Accessory goods for sale may be displayed on the pump island and the building island only. The outdoor display of oil cans and/or antifreeze and similar products may be displayed on the respective island if provided for in a suitable stand or rack.

All fuel pumps shall be located at least 20 feet from any street or property line and pumps shall have automatic shutoffs as approved by the Fire Department.

Parking for service stations shall be provided in the ratio of one space per 100 square feet of floor area or fraction thereof in the principal building. Parking for drive-in restaurants shall be provided in the ratio of four spaces per 100 square feet of floor area or fraction thereof in the principal building.

Where such parking areas abut a residential zoning district, they shall be screened by a buffer area not less than 10 feet in depth composed of densely planted evergreen shrubbery, solid fencing, or a combination of both which, in the opinion of the City Council will be adequate to prevent the transmission of headlight glare across the district boundary line. Such buffer screen shall have a minimum height of six feet above finished grade at the highest point of the parking area. The materials shall be in keeping with the character of the adjacent residential area.

No automobile service station or public garage shall be located within 500 feet of any public entrance to a church, school, library, hospital, charitable institution or place of public assembly. The distance shall be measured in a straight line from the public entrance to the lot line nearest such entrance along the street line.

No service station shall be located within 1,000 feet of an existing station on the same side of the highway. If a station is located at the intersection of two streets, this distance shall be measured along both streets which abut the property.

The areas shall be illuminated by nonglare lighting standards, focused downward, and which, in the opinion of the City Council, will not create a nuisance to adjoining property owners.

Drive-in restaurants for the purposes of this subsection are defined as eating establishments for customers normally arriving by motor vehicles, who are provided quick service, food and drink, and such customers obtain their own food and drink at a counter or other place for dispensing food therein and consume such food and drink upon the premises; or in such type restaurants where customers may be waited upon without leaving their vehicles by employees of the drive-in restaurant.

The use of an automobile service station may include the sale or rental of vehicles with a special permit from the City Council. No vehicles shall be parked or displayed in the required front yards, and a detailed plot plan showing the areas in which such vehicles are to be stored shall accompany the application for the special use permit.

All wrecking, dismantling, processing and other related operations shall be conducted within the property lines which shall be completely enclosed by a solid fence material of not less than six feet in height. Such fence shall be of a height sufficient to preclude the visibility of materials from all public rights-of-way.

The keeping of such fence in good maintenance shall be a condition of the issuance of the special use permit. The Council may revoke this authorization if such fence is not maintained in good condition.

No junkyard shall be located within 200 feet of a residential district. This distance shall be measured from the nearest point of the property line of the junkyard to the residential district.

A detailed site plan showing the location of all buildings, driveways, parking areas, and recreation space buffer areas, is submitted in accordance with § 51-8B of Chapter 51, Building Construction, of the Code of the City of Batavia.

Special use permit for such uses shall be required at any time the number of units in a particular development reaches six or more, whether the six are proposed at any one time, single, or in any combination totaling six or more.

The total number of dwelling units for a multifamily project shall not exceed a density of:

There shall be no dwelling units below the first story or above the second story.

Each dwelling unit shall contain complete kitchen facilities, toilet and bathing facilities, and shall have a minimum gross floor area in accordance with the following:

There shall be no more than 16 dwelling units in each building or structure.

No multifamily dwelling structure shall be located within 25 feet of another dwelling structure, swimming pool, recreation building, or garage.

Every building shall have a minimum setback of 20 feet from any and all interior roads, driveways, and parking areas.

There shall be a buffer strip planted with evergreen shrubs along the entire perimeter of the property, exclusive of the front yard(s), of at least 15 feet in width measured from the property line. No parking or recreation areas shall be permitted within this buffer strip.

Parking shall be required at the ratio of no less than 1 1/2 spaces per dwelling unit.

A minimum of 10% of the total tract area shall be designated for common recreational purposes. The area designated for recreation shall, in the opinion of the City Council, be suitable for such purposes.

Sufficient laundry, drying, garbage pickup and other utility areas must be provided and shall be located with a view both to convenience and to minimizing the detrimental effect on the aesthetic character of the building(s) and shall be enclosed and shielded from view by fencing, walls or shrubbery of at least six feet in height around the perimeter.

There shall be a minimum common storage area in each building for bicycles, perambulators and similar type of equipment of 30 square feet in area and a minimum of six feet in height per dwelling unit.

Driveways, parking areas, dwelling entranceways, and pedestrian walks shall be provided with sufficient illumination to minimize hazards to pedestrians and motor vehicles. Such light sources shall, where necessary, be shielded to avoid glare disturbing to occupants of buildings.

Other standards and conditions to the site plan and to curbing, driveways, parking areas, pedestrian walks, landscaping and planting not otherwise specified herein may be attached as conditions by the City Council as circumstances indicate they will further the purposes and intent of this chapter.

The proposed use shall meet the area and yard requirements specified in Schedule I of this chapter.[1]

All applications for a heliport or helistop in the City shall include all of the information identified in § 51-8D of Chapter 51, Building Construction, of the Code of the City of Batavia, as well as anticipated frequency of helicopter operations; proposed landing areas, including ground and building sites; types of craft to be utilized; takeoff and landing approaches, emergency landing sites; fire participation facilities; and structural support capabilities for rooftop landing sites.

Heliports or helistops shall not be permitted within 1,000 feet of any residential district except by special use permit authorized by the City Council.

All helicopter landing areas shall be enclosed by wind-deflection fences which are four feet in height.

All helicopter landing surfaces shall be free from dust, dirt and other loose material and shall be covered by a surface approved by the City Engineer.

For rooftop landing areas the structure shall be capable of supporting a gross concentrated load equal to 1.75 times the helicopter's weight.

Routes of helicopters shall be over terrain which affords suitable emergency landing areas no farther away than a glide angle of one foot vertically to four feet horizontally.

Minimum landing areas for a heliport shall be 100 feet by 100 feet exclusive of tie-down facilities, taxi-ways, service and parking areas. On rooftop sites, the minimum landing area shall be 40 feet by 40 feet for helicopters of less than 3,500 pounds gross weight. The minimum size of the touchdown area for helicopters over 3,500 pounds gross weight shall be at least 11/2 times the rotor diameter.

Rooftop helicopter landing facilities shall be located in an area that will permit a glide slope angle of eight feet horizontal distance for every one foot vertical clearance required. Two such approaches shall be available, at least 90º removed from each other.

On all touchdown or landing areas, whether elevated or flush with the roof, provision shall be made for collecting fuel which may be spilled in event of any emergency. Separator or clarifier tanks for collecting spilled fuel shall be installed under approval and supervision of the City Engineer.

Fire-fighting facilities approved by the Batavia Fire Department shall be provided at all landing sites.

All landing sites shall be approved and marked as prescribed by the Federal Aviation Administration.

For rooftop sites no light standards, roof vents, guy lines, television antennas, or other similar rooftop obstructions which may be difficult to see from the air shall be permitted within the required glide slope on three sides, or within an arc of 270º.

Such lights as are installed shall illuminate and be directed onto the touchdown pad only, and in such a manner that the light rays cannot interfere with the helicopter pilot's vision.

Approved means of communication, such as telephone, radio, fire alarm box or signaling device, shall be provided adjacent to the landing area.

A detailed site plan showing the location and size of all buildings, entrances, exits, driveways, signage, parking areas, and dumpsters is submitted in accordance with § 51-8 of Chapter 51, Building Construction, of the Code of the City of Batavia.

A detailed floor plan drawn to scale of all interior portions of any building or any renovations to existing buildings shall be submitted as part of the special use permit application.

The maximum height from curb level for any new building constructed shall be four stories.

No residential use shall be permitted on the first floor. The first floor use must be consistent with other allowed uses in the C-3 Central Commercial Districts.

There shall be no more than two bedrooms per unit.

Any new building constructed shall be built to the front lot lines on Main Street and Jackson Street within the C-3 Central Commercial District.

A parking plan shall be submitted detailing plans for parking. An annual fee for parking shall be required for any use by residents of City-owned parking lots with those limitations set forth by the City Council if the special use permit application is approved.

Separate signage denoting residential use shall be allowed as approved in the special use review.

Other standards and conditions to the site plan and to curbing, driveways, parking areas, pedestrian walks, landscaping and planting not otherwise specified herein may be attached as conditions by the City Council as circumstances indicate they will further the purposes and intent of this chapter.

No changes are made to the front exterior of the single-family dwelling to maintain the appearance of a single-family home.

Accessory units will only be allowed in owner-occupied single-family residences.

Garages may not be converted to accessory dwelling units.

Entrances for the accessory unit shall not be on the front exterior to maintain the single-family appearance of the structure.

One parking space to be provided for the accessory dwelling unit.

The location and size of such use and intensity of the operations involved in or conducted therewith, its site layout and its relation to access streets shall be such that both pedestrian and vehicular traffic to and from the use and the assembly of persons therewith will not be hazardous and shall be in harmony with the orderly development of the district.

The location, nature and height of buildings, walls and fences will not discourage the appropriate development and use of adjacent land and buildings, nor impair their value.

The operation of any such use shall not be more objectionable to nearby properties than would be operation of any permitted use.

The operation of any such use shall not cause undue noise, vibration, odor, lighting glare, and unsightliness so as to detrimentally impact adjacent properties.

When a commercial or industrial special use abuts a residential property, the Planning and Development Committee may find it necessary to require screening of sufficient height and density (i.e., fences, hedges, etc.) to reduce or eliminate the conflicting environmental conditions previously mentioned.

Electrical disturbances shall not be caused so as to disrupt radio or television communications in the immediate area.

The proposed use shall meet the off-street parking and loading requirements of similar uses.

Appropriate on-lot drainage shall be provided so as to eliminate any potential on-site water-related problems. Also, the drainage systems created shall not detrimentally impact on adjacent properties.

Traffic access to and from the use site, as well as on-lot traffic circulation, shall be designed so as to reduce traffic hazards.

Such use shall be attractively landscaped.

A special use permit shall not be issued for a use on a lot where there is an existing violation of this chapter unrelated to the use which is the subject of the requested special use permit, as determined by the Planning and Development Committee.

As a condition of all special use permits, right of entry for inspection with reasonable notice shall be provided to determine compliance with the conditions of said permit.

In addition to the general standards for special use permits as set forth herein, the Planning and Development Committee may, as a condition of approval for any such use, establish any other additional standards, conditions, and requirements it deems necessary or appropriate to promote the public health, safety and welfare, and to otherwise implement the intent of this chapter.

The above standards are not intended to apply to uses whose regulation has been preempted by the state or federal government.

A site plan be prepared and show the arrangement of storage buildings and outside storage areas, exterior lighting, landscaping, screening, fencing, and garbage/trash storage areas, in addition to the site plan requirements of § 190-44.

Buildings are not to exceed one story in height and not more than 20 feet above grade.

Buildings and outside storage areas are to be a minimum of 100 feet from any residential use property.

Storage of the following will be prohibited:

Off-street parking shall be provided for visitors at the rate of one space per 20 rental units.

No materials or products of any kind may be displayed or offered for sale on site.

Outdoor lighting shall be designed so the maximum illumination at the property line does not exceed zero footcandle on adjacent residential use properties.

Any use, or portion thereof, established in an industrial district after the effective date of this amendment shall be so operated as to comply with the performance standards governing noise set forth hereinafter. Construction projects shall be exempt from the performance standards, but shall be controlled so as not to become a nuisance to adjacent uses.

Sound levels shall be measured with a sound level meter at the property line.

Maximum permissible sound levels in industrial districts:

If it has been adequately demonstrated to the Board of Appeals that compliance with the terms of this chapter cannot be effectively and immediately made, the Code Enforcement Officer shall have the authority to grant a temporary permit for the continued operation of such noncomplying equipment, but only in the event that the party has taken all necessary steps to secure compliance with this chapter.

Such temporary permit shall be issued for no longer a period than three months, at the expiration of which period of time the party holding such permit shall be deemed in violation of this chapter.

Purpose: The City finds that large and highly visible parking areas represent one of the most objectionable aspects of commercial development. Such parking lots may damage the historic layout and architectural fabric of historic areas, harm the natural environment and visual character of the community, interfere with pedestrian safety and accessibility and reduce the quality of life in developed areas, as measured by the City's Visual Preference Survey^TM. However, the City also recognizes that inadequate parking can diminish quality of life by creating traffic congestion, safety hazards and inconvenience. The City therefore seeks to balance the need for adequate parking with the need to minimize harm resulting from the provision of parking and to avoid the negative impacts of excessive parking requirements.

Residential and related uses. Minimum parking spaces required for residential and related uses:

Nonresidential uses. The number and layout of parking spaces for nonresidential uses shall be based on the need to protect public safety and convenience while minimizing harm to the character of the community and to environmental, historic and scenic resources. Since businesses vary widely in their need for off-street parking, it is most appropriate to establish parking requirements based on the specific operational characteristics of the proposed uses. The provisional parking standards in Subsection A(3)(a) below may be varied by the Planning and Development Committee according to the criteria in subsection A(3)(b).

Location and screening.

Construction of parking areas. Parking areas shall be surfaced with a suitable dustless, durable surface appropriate for the use of the land, with adequate drainage. Surfacing, grading and drainage shall facilitate groundwater recharge by minimizing impermeable pavement and runoff. Overflow or peak period parking surfaces shall be permeable. Oil traps may be required for larger paved parking lots. Parking areas to be used at night shall be lighted in a manner that does not result in glare to adjoining residential properties or cause traffic hazard due to glare. In addition to the requirements of § 190-34, Landscaping and buffering, of this chapter, parking areas containing more than 30 spaces shall be broken into separate lots by tree lines, alleys, pedestrian areas or buildings. (See Figure 1.)

Residential buffer required. As part of the perimeter landscaping plan outlined in § 190-34, Landscaping and buffering, of this chapter, a ten-foot buffer is required between commercial properties and residential properties.

The width of driveways and parking spaces located in front yards shall not exceed 1/4 of the lot frontage and shall be constructed subject to the provisions of §§ 190-39B and 159-11.

Permit required. It is unlawful for any person to construct, enlarge or relocate a residential driveway or parking space to the front yard of a property, without first obtaining a driveway and parking space permit. Routine maintenance and resurfacing of an existing driveway or parking space, not involving construction, enlargement or relocation, shall not require a permit.

Application for permit. An application shall be made in writing to the Zoning Enforcement Officer on forms prescribed and provided by the City of Batavia and shall contain the following information:

Fees. Fees for a driveway and parking space permit shall be set by resolution of the City Council.

It shall be unlawful to park any motor vehicle in violation of §§ 190-39E and 190-39B(2).

This article may be enforced by the City of Batavia police and the Zoning Enforcement Officer in the same manner as elsewhere provided for the enforcement of traffic or parking ordinances, including the uses of tags, summonses and towing, and any other procedure authorized by law.

Proof of ownership of vehicle shall be presumptive evidence in an action for enforcement of this article that the owner parked or caused his or her vehicle to be parked in violation of this section.

A violation of this section shall be deemed an offense and shall be punishable by a fine in an amount not to exceed $10.

Each separate use, grouping of attached buildings or groupings of uses permitted shall not have more than one accessway for every 200 feet of frontage except as permitted by this chapter.

Insofar as practical, the use of common accessways by two or more permitted uses shall be provided in order to reduce the number and closeness of access points along the streets and to encourage the fronting of business and industrial structures upon a parallel access street and not directly upon a primary road.

Accessways for industrial uses shall not be less than 24 feet, nor more than 40 feet in width. Except where otherwise permitted, all other accessways shall not be less than 20 feet nor more than 24 feet in width.

Garage or shop for painting of automobiles or for the repairing of automobile bodies or fenders involving hammering or other work causing loud or unusual noise or fumes or odors.

Junkyard, animal hospital, kennel or place for the boarding of animals.

Public storage rental units/buildings are exempt from this requirement and must be constructed in compliance with the separation requirements of the New York State Building and Fire Codes.

Application for a parking lot in an R-2 or R-3 District shall be made to the Code Enforcement Officer and the application shall be accompanied by a fee as set by resolution of the City Council. It shall be reviewed by the Code Enforcement Officer and forwarded by him or her within 30 days to the Planning Board for its consideration. If the application is thereafter approved, the Planning Board shall note its approval on the application and return it to the Code Enforcement Officer who shall then issue a permit and upon the completion of all the conditions required, the Code Enforcement Officer shall issue a certificate of compliance.

The lot shall be used only for the parking of passenger automobiles of employees, customers or guests of the person or firm submitting an application as aforesaid, and such person or firm shall be responsible for the maintenance of the lot and ensuring compliance with the provisions hereof.

No charge shall be made for parking on the lot.

The lot shall not be used for sales, repair work or servicing of any kind.

Entrance to or exit from the lot shall be located so as to do the least harm to the residential district and reasonable time limits for the use of such lot may be established.

No advertising sign or material shall be located on the lot.

All parking shall be back of the front yard as defined in this chapter, and no motor vehicles shall be parked within 10 feet of any property line.

The parking area shall have a fence at least six feet high around the perimeter of the lot, and curbs with bumper tire barriers shall be installed at all parking spaces.

All lighting shall be arranged so that there will be no glare therefrom annoying to the occupants of adjoining property in a residential district.

The surface of the parking area and the approaches and exits thereto shall be composed of at least two inches of stone treated with asphaltic road oil or such other surfacing as may be required by the Planning Board and shall be smoothly graded and adequately drained.

The Planning Board may require such other conditions as may be deemed necessary to safeguard the health, safety and general welfare of the public and to minimize possible detrimental effects of the parking lot on adjacent property.[1]

Landscaping consisting of attractive trees, shrubs, plants and grass lawns shall be required and planted in accordance with the site plans submitted and approved by the Planning Board. Buffer planting as defined in this chapter shall include an area of at least 10 feet in depth provided along the side and rear property lines of all commercial and industrial districts or uses including parking lots permitted in Subsection F of this section, so as to provide protection to adjacent properties where such lot lines abut Residential Districts or uses.

In addition to such buffer planting, the owner of the commercial or industrial property shall erect on the buffer area a fence six feet in height for the purpose of protecting the residential property from litter, debris and light glare and such other nuisances that would disturb peaceful possession.

Such fence shall contain no more than 25% open space. The responsibility for maintenance of the commercial or industrial property referred to herein shall be the shared responsibility of the owners of the property and any other tenants who may be in possession thereof.

Such fencing referred to above shall be located only as shown on the site plan approved by the Planning Board.

Subject to the limited exceptions set forth herein, no person shall own, bring into, possess, keep, harbor or feed farm animals, cloven-hoofed animals, equine or fowl, including, but not limited to, cattle, horses, sheep, goats, pigs, swine, llamas, alpacas, ducks, turkey, geese, ponies, donkeys, mules or any other farm animal within the City limits.

Subject to the limited exceptions set forth herein, no person shall own, keep, harbor, or feed wild animals, wild fowl (ducks, turkey, or geese) within the City limits.

Subject to the limited exceptions set forth herein, no person shall breed or maintain any farm animals, cloven-hoofed animals, equine or fowl, including, but not limited to, cattle, horses, sheep, goats, pigs, swine, llamas, alpacas, ducks, turkey, geese, ponies, donkeys, mules or any other farm or wild animal within the City limits.

Exceptions.

No person shall permit an accumulation of animal and/or fowl feces on any property resulting in a foul odor or unsightly condition that makes travel or residence in the vicinity uncomfortable, or which attracts flies or other insects or animals thereby creating an unsanitary condition and facilitating the spread of disease, or which endangers the public comfort and repose.

Permit required. It is unlawful for any person to erect, enlarge, relocate or change the copy of any sign, other than those identified as exempt in this section, without first obtaining a sign permit and paying the fee therefor as provided in this section. Routine maintenance of existing signs, not involving erection, enlargement, relocation or change of copy, shall not require a permit.

All signs must be located on the same lot as the permitted use.

Name, address and telephone number of applicant and property owner.

Location of the building, structure or land upon which the sign now exists or is to be erected.

For signs consisting of freestanding letters or logos, sign area is calculated as the total area of the rectangle, circle or square that fully encloses each word or logo.

For wall signs and signs on a background, the entire area of the background is calculated as sign area, including any material or color forming the sign face and the background used to differentiate the sign from the structure against which it is mounted. Sign area does not include any supports or bracing.

The sign area of a three-dimensional sign is calculated as the total area of the smallest rectangle, circle or square that fully encloses the largest profile of the three-dimensional sign.

The area for a sign with more than one face is computed by adding together the area of all sign faces, except where the angle at which the two sign faces are placed does not exceed 45°.

Historical markers, tablets and statues, memorial signs or plaques, when cut into a masonry surface or when constructed of bronze, stainless steel or similar material and not exceeding six square feet.

Flags.

Nonilluminated "warning," "private drive," "posted" or "no trespassing" signs, not exceeding two square feet per face.

Three or fewer temporary signs (banner, window, posters, lawn, and directional) not exceeding 60 days, and per the overall area allocation in Subsection M below.

Open and closed signs, hours of operation, and decorations, including lighting.

On-premises directional signs not exceeding four square feet in area and no more than four feet in height.

No off-premises signs shall be allowed other than those permitted by other subsections contained in this article.

No sign shall be illuminated by or contain flashing, rotating, scrolling, strobing, or moving lights.

No sign shall impair or cause confusion of vehicular or pedestrian traffic, in its design, color or placement.

No sign shall be placed upon the roof of any building.

No sign shall consist of or simulate moving, revolving or fluttering devices such as ribbons and streamers.

No advertising message shall be extended over more than one sign placed along a street or highway.

No signs shall be attached to utility poles in all zones of the City of Batavia. No permanent, temporary or exempt signs shall be attached, placed, painted or drawn upon fences, trees or man-made or natural features, including permanent, temporary or exempt signs.

No signs shall be placed anywhere within the City or state rights-of-way without the permission of the Department of Public Works, excepting awning signs, canopy signs, projecting signs, and shingle signs in commercial, industrial and planned development districts not exceeding six square feet and sidewalk signs not exceeding 20 square feet in commercial, industrial and planned development districts. All signs must be a minimum of 18 inches inside the street line.

Portable signs, if powered by electricity, must meet all the construction standards of the New York State Uniform Fire Prevention and Building Code.

Portable sign size shall not exceed 32 square feet and shall be limited to five feet above grade.

Portable signs must be removed after 60 days. Another portable sign permit can be applied for 30 days after removal of a portable sign.

External illumination.

Internal illumination. The background must be a darker color than the message of the sign.

Exposed neon. Exposed neon may be used for lettering or as an accent.

Backlit illumination.

Prohibited light sources. The following light sources are not allowed:

Electrical raceways and transformers.

Electronic message boards.

Illumination types allowed by district.

Any sign not conforming to the regulation of the district in which it is located at the time of adoption of this chapter shall be nonconforming.

Any sign or other advertising structure in existence on the date this amendment to this section is enacted or the effective date of any amendment to this section may continue and shall be maintained.

An existing sign may change the face or panel of the sign that does not meet the area or height standards of this section. However, there shall be no increase in the degree of nonconformity. All new panels must conform to all illumination standards of Subsection Z above.

A sign must be brought into compliance with this section if at any time the sign is altered, repaired, restored or rebuilt to the extent that the cost exceeds 50% of the estimated replacement cost of the sign (in current dollar value). All sign permits within any six consecutive calendar months will be aggregated for purposes of measuring the fifty-percent standard.

If the repair is caused by involuntary damage or casualty and not deferred maintenance, the sign may be repaired to any extent.

The Planning and Development Committee is hereby authorized to conduct site plan reviews pursuant to Article 27-A of General City Law. Requirements for site plan review can also be waived by the Planning and Development Committee.

It shall be the responsibility of the Code Enforcement Officer to transmit to the Planning and Development Committee and City Engineer any plans that meet the thresholds listed below and require conformity with this section. The Planning and Development Committee shall not accept any application that includes a parcel with a preexisting reported violation pertaining to any provisions of this chapter until it is brought into compliance.

The Planning and Development Committee shall review the following applications for compliance with this section:

C-3 District waiver. Site plan review can be waived by the Code Enforcement Officer in the C-3 District if the property has a structure that occupies 90% or more of the lot and will continue to do so after the building permit is issued. However, an architectural review and building design compatibility may be reviewed by the Committee if the changes proposed are considered significant by the Code Enforcement Officer. Some examples of significant changes are, but not limited to partial demolition and reconstruction, new facades, changes in size or number of window openings or any changes that may significantly change the original appearance of the building.

Sketch plan review. Sketch plan review is optional and provides an opportunity for the applicant to meet with the Planning and Development Committee prior to final submission of the site plan for direction and guidance.

Site plan requirements. Applicants shall submit four copies of the site plan to the Code Enforcement Officer at a scale not to exceed one inch equals 50 feet. Copies shall be distributed to the members of the Planning and Development Committee, City Engineer and other appropriate City staff. The City Engineer shall determine if the plan should be prepared by a New York State licensed professional engineer, landscape architect or architect. The plan shall include the following:

Site plan review. Review of the site plan shall consider, but not be limited to, the following criteria:

New York State review requirements. All site plan reviews shall comply with the New York Environmental Quality Review Act[1] or Article 27-A of the General City Law regarding approvals and time periods for review.

The Code Enforcement Officer or Building Inspector shall deny a building permit application where the Planning and Development Committee has disapproved a site plan.

The Code Enforcement Officer or Building Inspector shall not issue a certificate of occupancy until all conditions specified by the Planning and Development Committee have been met.