Depew City Zoning Code
§ 260-33
Commercial use standards.
A.
Adult uses.
(1)
Purpose. Buildings and establishments operated as adult uses are detrimental and harmful to the health, safety, morals and general welfare of a community in that they engender adverse effects which contribute to the blighting or downgrading of a surrounding neighborhood. In order to promote the health, safety, morals and general welfare of the residents of the Village of Depew, this chapter is intended to restrict adult uses to nonresidential areas of the Village, and otherwise regulate their operation. Moreover, because the operational characteristics of adult uses which are concentrated in a particular area are such that the deleterious impact on the surrounding neighborhood is increased, this chapter is intended to promote the health, safety, morals, general welfare and good order of the residents of the Village of Depew by regulating the concentration of such uses.
(2)
Location restrictions. Adult uses, including sexually oriented media stores, sexually oriented cabarets or theaters, sexually oriented businesses or sex shops, shall be permitted, subject to the following restrictions:
(a)
No such adult uses shall be allowed within 500 feet of another existing adult use.
(b)
No such adult use shall be located within 1,000 feet of the boundaries of any premises zoned R-1 Single-Family Residential or R-2 Two-Family and Multifamily Residential, nor shall such use be located within 1,000 feet of the boundaries of a property used for residential purposes, including hotels and motels.
(c)
No such adult use shall be located within 1,000 feet of a preexisting school, place of worship or day-care center.
(d)
No such adult use shall be located within 1,000 feet of any Village recreational facility.
(e)
No such adult use shall be located in any zoning district except those zoned M-2.
(3)
Businesses prohibited. The following businesses are specifically prohibited in the Village of Depew:
(a)
A massage parlor, studio or other establishment operated by a person who is not licensed by the State of New York as a massage therapist or as a medical practitioner.
(b)
A sexually oriented encounter center.
(c)
A sexually oriented video arcade or a sexually oriented viewing booth or arcade booth.
(d)
A lingerie modeling establishment, unless operated as a sexually oriented cabaret or theater in accordance with the requirements of this section, and a nude or sexually oriented modeling establishment, unless operated as a sexually oriented cabaret or theater in accordance with the requirements of this section.
(4)
Sexually oriented cabarets, sexually oriented theaters, and sexually oriented motion-picture theaters shall be subject to the following standards:
(a)
Presentation area. The room or area in the establishment in which performances or presentations will take place shall have a minimum area of at least 500 square feet, all parts of which shall be open and visible to a person at least five feet in height standing anywhere in the room. There shall be no partitions, half-walls, screens, curtains or other dividers dividing portions of the room that are accessible to the public from other parts of the room that are accessible to the public; and
(b)
Private rooms. There shall be no private rooms or booths that are accessible to the public, except required rest rooms. This shall not prohibit the construction of offices, dressing rooms, kitchens, storage areas and other nonpublic spaces, provided that they are clearly posted "employees only" or "public access not allowed."
(5)
Public display of materials prohibited. No adult use shall be conducted in any manner that permits the observation of any material depicting, describing or relating to specified sexual activities or specified anatomical areas from any public way or from any property not registered as an adult use. This provision shall apply to any display, decoration, sign, show window or other opening.
(6)
No adult use as described in this chapter shall be established until the issuance of a special use permit by the Village Board. Application for such a special use permit shall be as set forth in § 260-58.
(7)
Registration required. The owner of a building or premises, his agent for the purpose of managing, controlling or collecting rents or any other person managing or controlling a building or premises, any part of which contains an adult use, shall register with the Village Clerk of the Village of Depew the following information:
(a)
The address of the premises.
(b)
The name and address of the owner of the premises and the names and addresses of the beneficial owners if the property is in a land trust.
(c)
The name of the business or the establishment subject to the provisions of this chapter.
(d)
The name(s) and address(es) of the owner, beneficial owner or the major stockholder(s) of the business or establishment subject to the provisions of this chapter.
(e)
The date of initiation of the adult use.
(f)
The nature of the adult use.
(g)
If the premises or building is leased, a copy of said lease.
(8)
It is a violation of this chapter for the owner or person in control of any property to establish, operate thereon or to permit any person to establish or operate thereon an adult use without having properly registered said adult use with the Village Clerk.
(9)
The registration fee shall be $1,000 annually.
(10)
Display of registration. The owner, manager or agent of a registered adult use shall display in a conspicuous place on the premises of the adult use a copy of the registration filed with the Village Clerk.
B.
Amusement/private recreation facilities (outdoor). Amusement and private recreational facilities are permitted in accordance with the district use tables and subject to the following standards.
(1)
Exterior play/recreation fields shall be a minimum of 100 feet from any existing residential use or residentially zoned properties.
(2)
Exterior play/recreation fields shall be visually screened from adjacent existing residential uses or residentially zoned property, with the use of berming, landscaping and/or fencing.
(3)
Sound-producing equipment and/or audio devices shall not emanate noise beyond the property line of the premises.
(4)
All equipment, rides and/or apparatus shall not exceed the maximum permitted heights as established in the dimensional standards for such district.
(5)
All decorative exterior lighting and/or signage shall be approved at the time of site plan approval/special permit approval and shall not be further modified unless approved by the Village Board of Trustees.
C.
Animal grooming, animal boarding facility, animal hospital or veterinary hospital. An animal grooming facility, animal boarding facility, animal hospital or veterinarian is permitted in accordance with the district use tables and subject to the following standards:
(1)
All activities shall be conducted entirely within enclosed buildings, with all doors, windows and similar openings in a closed position.
(2)
All dog runs, kennels or similar containment areas shall be in an entirely enclosed building.
(3)
All boarding facilities, and/or areas for animal containment, shall be designed so that noise shall not emanate outside of the enclosed building.
D.
Beverage container redemption store. A beverage container redemption store is permitted in accordance with the district use tables and subject to the following standards:
(1)
Redemption stores shall only accept containers for soft drinks and other beverages that are utilized for human consumption and for which a deposit is required to be collected by a retail merchant. Other recyclable containers or products shall not be permitted.
(2)
All activities associated with a redemption center shall be conducted entirely within an enclosed building.
(3)
The use of trailers or roll-on/roll-off containers shall not be permitted for the storage and/or processing of beverage containers. All beverage container product received shall be by point of redemption by an individual. Bulk transfer of beverage containers by third parties for processing shall not be permitted at a beverage container redemption store.
(4)
All shipments of containers out of the beverage container store shall be on a regular basis; the use of trailers/delivery trucks for stockpiling of containers is not permitted. All such delivery trucks shall be at an approved loading door for purposes of receiving product for shipment. Trucks and/or trailers shall not be stored on premises.
E.
Car wash (automated). An automated car wash is permitted in accordance with the district use tables and subject to the following standards.
(1)
Drying and or application of cleaning products to the exterior of vehicles exiting a car wash building may be performed outside of the enclosed building but not within any required open space/yard.
(2)
Vacuums and similar ancillary equipment shall be 75 feet from any residentially zoned property or existing residential use.
F.
Car wash (self service). A self-serve car wash is permitted in accordance with the district use tables and subject to the following standards.
G.
Contractor storage facilities/yards. A building contractor's warehouse facility and storage yard is permitted in accordance with the district use tables and subject to the following standards;
(1)
All exterior storage of equipment/machinery, materials and/or product shall occur behind a solid fence a minimum of six feet in height and/or solid vegetative screen. Such required fence shall be newly constructed and not made up of salvageable materials and/or be constructed of storage containers, truck bodies and/or other nonapproved barriers.
(2)
Storage shall not occur within any required open space/yard area. Storage shall not occur in the forefront of an established building line, even if such area is not within a required front yard. Storage yards shall be properly graded and drained and shall be improved with bituminous macadam or concrete. A semipermeable surface may be authorized by the Code Enforcement Officer if such alternative design as prepared by a New York State licensed professional engineer demonstrates that such alternate is no less protective of the environment, and to water quality, and will not create airborne sediment emissions and/or nuisances to adjacent land users.
(3)
Product and or materials stored outside shall not be visible from the public road right-of-way. All such materials/product shall not exceed the height of the required solid fence and/or required solid vegetative screen.
(4)
Exterior storage of flammable or combustible liquids as defined in the most current issue of the National Fire Protection Association (NFPA) standards shall be entirely underground and in storage tanks approved by NFPA and the New York State Department of Environmental Conservation (NYSDEC). Safety containers shall be used within any building or structure in which flammable/combustible liquids are handled, consistent with the requirements of the New York State Fire Code and the NFPA standards.
(5)
Adequate fire access shall be provided as determined by the Code Enforcement Officer and consistent with the minimum requirements of the New York State Fire Code.
(6)
All exterior lighting of storage yards shall meet the minimum lighting requirement found in § 260-36.
(7)
Stockpiling of earthen fill, spoils from excavations and/or concrete/blacktop shall not occur in the exterior areas, unless in an area as shown on an approved site plan and consistent with any height limitations set forth for such area.
H.
Drive-through window, accessory. Accessory drive-through windows serving restaurants and other uses are permitted by special permit approved by the Village Board of Trustees and consistent with the requirements found in § 260-58, and subject to the following standards:
(1)
Design standards. All drive-through facilities must meet the minimum standards as established herein.
(a)
Lot orientation. Drive-through facilities for fast-food restaurants, donut shops and banks may not be established on lots whose rear lot line directly abuts a side lot line of a residential use or residentially zoned parcel. Drive-through facilities for less intensive uses may be established on lots whose rear lot line directly abuts a side lot line of a residential use or residentially zoned parcel if the Village Board of Trustees determines that such use will not result in significant adverse impacts and appropriate mitigation measures are implemented by the applicant to minimize identified potential adverse impacts to the maximum extent practicable.
(b)
Drive-through lanes. The closest pavement edge of a drive-through lane or bypass lane must be a minimum of 75 feet from the property line of an adjacent residential use or residentially zoned parcel.
(c)
Driveways which serve drive-through lanes must be a minimum of 220 feet from the functional area of a road intersection, measured from the nearest leading edge of the driveway to the beginning of the functional area.
(c) Functional Area.tif.png "260-33H(1)(c) Functional Area.tif") |
(d)
Drive-through lanes and bypass lanes must be a minimum of 12 feet in width and shall be independent of any other vehicular lane required for parking access or loading areas.
(e)
Bypass lane. If a bypass lane is provided, the beginning of the lane must be positioned within one vehicle queue of the order board to allow for early exiting of vehicles utilizing the bypass lane.
(f)
Multiple drive-through lanes. Only one drive-through lane shall be permitted to approach an order board/dispensing area. A second drive-through lane may be permitted if it diverges from the primary drive-through lane to a second order board system and the lane converges back into the primary drive-through lane. (See illustration below.)
(f) Illustration.tif.png "260-33H(2)(f) Illustration.tif") |
|---|
Illustration showing one drive-through lane with diverging secondary lane |
(2)
The Village Board of Trustees may modify the design standards in § 260-33G(1) if it determines that such modification will not result in significant adverse impacts and appropriate mitigation measures are implemented by the applicant to minimize identified potential adverse impacts to the maximum extent practicable.
I.
Grading and filling of land. Filling of vacant or improved land of any size shall not occur without a grading and drainage plan approved by the Code Enforcement Officer.
(1)
All such fill shall be earth in its natural form, without any debris or foreign material. Boulders and similar rock shall not exceed six inches in diameter.
(2)
The construction of earthen berms and similar significant landscaping features, including retaining walls, requires a grading drainage plan to be approved by the Code Enforcement Officer.
J.
Media store with some sexually oriented media. A retail book, video or other media store that has sexually explicit media that constitutes more than 10% but no more than 30% of its inventory or that occupies more than 10% but no more than 30% of its gross public floor area shall be permitted and shall not be subject to the standards for a sexually oriented media store, provided that:
(1)
The sexually explicit media is kept in a separate room from the rest of the inventory of the store;
(2)
Access to the separate room is available only to persons 18 years or older;
(3)
Access to the room is through a solid door, accessed by an electronic control device monitored by the clerk or manager on duty through direct visual control; and
(4)
Customers and activities in the room are visible at all times to management or the clerk on duty through a video system located at the clerk's or manager's counter.
K.
Motor vehicle sales: new and used motor vehicles. New and used motor vehicle sales with accessory service facilities may be established in accordance with the MS Motor Services Zoning District use tables and subject to the following limitations:
(1)
New and used motor vehicle sales with or without accessory service facilities must be situated on a parcel of land which is a minimum of one contiguous acre in size.
(2)
Display areas for vehicles must provide a minimum pavement setback to any road right-of-way of at least 15 feet, and such open space must be landscaped with grass and trees.
(3)
All motor vehicle display areas must be paved with bituminous macadam or concrete.
(4)
Vehicles not on display, awaiting repair work and/or service, shall be stored indoors. A maximum of one motor vehicle (which is awaiting repair) per 500 square feet of gross building area may be stored outside of the premises for a period not exceeding 14 days until serviced and/or repaired.
(5)
Vehicles shall not be salvaged for parts and/or reuse. All vehicles not serviceable shall be stored indoors until disposed of.
(6)
All motor vehicle parts, including but not limited to tires, batteries, body parts, etc., shall be stored indoors or in an approved refuse collection area screened from public view until properly disposed of.
(7)
Motor vehicle sales facilities adjacent to residential zoning districts and/or existing residential uses must maintain a minimum visual landscape buffer of 25 feet.
(8)
A minimum of one fire access lane must be established within a vehicle display lot to allow for emergency access to the display lot. Such fire access will be in addition to any required fire access for principal or accessory buildings.
L.
Lawful nonconforming motor vehicle sales facilities. Used and new motor vehicle sales facilities lawfully established and registered with the Village Clerk consistent with the requirements of Local Law No. 1-2009,[1] prior to the adoption of this chapter, may continue subject to the following limitations:
(1)
Annual registration/license. All lawfully established automobile sales facilities shall continue to register with the Village Clerk prior to the expiration of their registration period.
(2)
Annual registration fee and bond. The amount of the annual registration fee shall be as established by resolution of the Village Board of Trustees, as may be amended from time to time. An application for a license under this chapter shall also be accompanied by a bond or by collateral cash in the sum of $5,000, which bond shall be subject to approval by the Village Attorney as to form and sufficiency. The bond shall provide that upon termination of the business, the premises shall be cleaned up, all business signs removed and restored to its original condition. The Code Enforcement Officer, after determining that this subsection has been complied with, may release the bond.
(3)
Recertification of site plan. At the time of registration, a boundary survey prepared by a New York State licensed land surveyor must be provided. Said survey must be consistent with the existing site conditions and show the location of all existing buildings and aboveground features, including edge of pavements, and public sidewalks, if existing. In addition to the boundary survey, a to-scale site plan must be presented for inspection and certification by the Code Enforcement Officer.
(a)
Plan requirements. A to-scale plan must show the following:
[1]
The location of all vehicles to be displayed. Each vehicle shall be provided with an area of no less than 10 feet by 18 feet. All such spaces must be a minimum of five feet from the public walk.
[2]
A twenty-foot-wide emergency access route.
[3]
Location of existing buildings.
[4]
Designated customer parking.
(4)
All vehicles display areas must be paved with bituminous macadam or concrete and may not be enlarged or expanded beyond the initial registered site plan required pursuant to Local Law No. 1-2009.
M.
Restaurant with outdoor dining. An exterior dining area is permitted in accordance with the district use tables and subject to the following standards.
(1)
Exterior dining areas may not exceed 26% of the seating capacity of the principal use. Seating capacity shall be based on the approved floor plan as submitted with the original approved building permit.
(2)
Ice cream establishments (principal use) which do not have interior seating may have a maximum of 10 exterior seats for dining. All other uses which do not have interior seating may not establish exterior dining areas.
(3)
Exterior dining areas may be located in a required front yard or exterior side yard but may not encroach such required yard by more than 12 feet. Within a traditional neighborhood commercial corridor, exterior dining areas may not be closer than five feet to any road right-of-way.
(4)
Exterior dining areas may not encroach any required interior side yard or rear yard.
(5)
Exterior dining areas may not face any yard area which is contiguous to a residential use or residential zoning district unless a visual barrier is established. Such visual barrier shall be a minimum of six feet in height and may be solid fencing and/or vegetative screening.
(6)
All such dining areas shall be limited to the consumption of food and beverages. Live entertainment shall not be permitted. Any audio equipment utilized for music shall not create noise nuisances for off-premises or adjacent land uses. No exterior area shall have a bar area; all bars shall be maintained entirely inside the principal building.
(7)
All exterior dining areas must limit hours of operation to 7:00 a.m. to 11:00 p.m. if such dining area is within 500 feet of an existing residential use or zoning district.
(8)
The seating capacity of the exterior dining shall be determined by the Code Enforcement Officer as limited by § 260-33M(1) above. All such exterior dining areas shall be limited to seated dining activities; areas for standing activities shall not be permitted.
(9)
All exterior dining areas must provide barrier protection to prevent pedestrian conflicts with motor vehicle use areas or other pedestrian areas. Such barriers may be in the form of fencing, railings, or hard/soft landscaping features. The Planning Board/Village Board of Trustees may control the aesthetic quality of the barrier features through the site plan approval process.
(10)
All exterior dining areas must be provided with refuse containers to manage the accumulation of waste.
(11)
Rest room facilities must be provided to accommodate the additional exterior seats. The quantity of required plumbing fixtures will be based on both interior capacity and additional exterior seats.
(12)
All exterior dining furniture must be removed from the patio area during winter months (November 1 to April 1) and stored off premises or in an approved interior storage area.
(13)
Prior to establishing an exterior dining area, site plan approval must be obtained from the Planning Board/Village Board of Trustees.
N.
Service station/collision shop/motor vehicle repair. A service station is permitted in accordance with the district use tables and, subject to the following standards:
(1)
Unenclosed parking of motor vehicles at service stations shall be limited to four vehicles, and no vehicle shall remain so parked in excess of 24 hours. Unenclosed overnight parking of motor vehicles at motor vehicle washing establishments is prohibited.
(2)
Fuel pumps and pump islands may be located in a required side or rear yard but shall not be located in any required yard abutting a residential district.
(3)
Exterior storage of flammable or combustible liquids as defined in the most current issue of the National Fire Protection Association (NFPA) standards shall be entirely underground and in storage tanks approved by NFPA and the New York State Department of Environmental Conservation (NYSDEC). Safety containers shall be used within any building or structure in which flammable/combustible liquids are handled, consistent with the requirements of the New York State Fire Code and the NFPA standards. Below-grade tanks shall not be within any required yard/open space.
(a)
Below-grade tanks shall be 200 feet from any residential district or existing residentially utilized parcel.
(4)
All vehicle repairs shall be conducted within a fully enclosed building.
(5)
Vacuums and similar ancillary equipment shall be 75 feet from any residentially zoned property or existing residential use.