Depew City Zoning Code
§ 260-32
Public and civic use standards.
A.
Day care. A day care is permitted in accordance with the district use tables and New York Social Services Law, Chapter 55, Article 6, Children.
B.
Community buildings/place of worship. A place of worship is permitted in accordance with the district use tables and subject to the following standards.
(1)
The minimum lot area shall be one acre, and the minimum lot width shall be 200 feet.
(2)
The minimum yards for structures, parking, loading and stacking areas shall be in accordance with the following table.
Structure Height | ||||
|---|---|---|---|---|
Yard | Up to 30 feet | 30 feet or more | Parking, Loading and Stacking Area (feet) | |
Front, from right-of-way of a dedicated street | 50 | Add 1 additional foot of setback on all sides for every foot of height over 30 feet | 15* | |
Side, abutting a residential district | 25 | 10* | ||
Rear, abutting a residential district | 50 | 10* | ||
Side and rear, abutting a nonresidential district | 15 | 5* | ||
NOTES: | ||
|---|---|---|
* | Entire area shall be landscaped | |
(3)
The maximum building coverage shall be 25%.
(4)
The maximum structure height shall be 65 feet for places of worship.
(5)
Schools and day-care centers are permitted as accessory uses.
C.
Public utility service structure or facility. A public utility service structure or facility is permitted in accordance with the district use tables and subject to the following:
(1)
The facility shall be secured.
(2)
The facility shall not be used for storage of vehicles or fuels for vehicles.
(3)
The site plan for the proposed structure shall be reviewed by the Code Enforcement Official (CEO) before a hearing is held by the ZBA. The COE Director shall submit a written report to the ZBA containing his/her analysis of the proposal under the standards of this chapter. Site plan submittal and review under § 260-48 shall not be required.
D.
Public works construction yard. A public works construction yard is permitted in accordance with the district use tables and subject to the following standards.
(1)
Such yard shall be permitted on a temporary basis by the Code Enforcement Official (CEO) for a period not to exceed the terms of the public works construction contract and restoration period or one year, whichever is less. The applicant shall submit an operation plan for the location and extent of activities to occur on the site and a site restoration plan. The operation plan shall include any proposed changes to the drainage system. A public works construction yard may continue to be operated for a period exceeding one year upon approval of a temporary use permit by the ZBA. If approved, the temporary use permit shall stipulate the duration of the permit and all restrictions or conditions deemed appropriate by the ZBA.
(2)
The yard shall be maintained in such a manner that it is neither obnoxious nor offensive by reason of emission of odor, dust, smoke, gas, noise, vibration, electromagnetic disturbance, radiation or other nuisance situation as determined by the CEO.
(3)
All noisemaking activities associated with the public works construction yard shall be limited to Monday through Friday from 7:00 a.m. to 7:00 p.m.
(4)
A public works construction yard shall not be located within 250 feet of a residential zoning district, a property containing a day-care center or any other occupied building.
(5)
When a public works construction yard is located within 500 feet of a residential property, fencing of the entire perimeter of the public works construction yard shall be required. The fencing shall be substantially opaque with a minimum height of seven feet and a maximum height of 10 feet. The point of access to the yard shall be provided with a gate that is secured when the yard is not in use.
(6)
Only one point of access to the public works construction yard shall be permitted. Such access shall be provided directly to a public right-of-way.
(7)
The storage or stockpiling of materials and supplies within the construction yard shall be limited to a maximum height of 20 feet.
(8)
The maximum area of a public works construction yard shall be one acre.
(9)
The operation for any on-site crushing of stone, concrete or similar processing shall not be conducted within 500 feet of a residential zoning district. The hours of operation for any on-site crushing of stone, concrete or similar processing shall be limited to Monday through Friday from 8:00 a.m. to 5:00 p.m. Additionally, such activity shall not be conducted on any day that is a national (United States) holiday.
(10)
Any lighting placed on the site shall be oriented so as to direct glare or excessive illumination away from the public right-of-way and adjoining properties.
(11)
Unless otherwise approved by this chapter, no signage shall be permitted on the site.
(12)
The yard shall be maintained in good condition during the time of its use. Material and construction residue and debris shall not be permitted to accumulate. Grass shall be regularly mowed and weed growth controlled.
(13)
In the event that the conditions of this section are not adhered to, the Code Enforcement Officer may issue a stop-work order.
(14)
Upon completion of construction, all materials, supplies, equipment and debris associated with the yard's activities shall be completely removed and the area restored to its original vegetative and topographic state as stipulated in the site reclamation plan within 90 days.