East Aurora City Zoning Code
PART 3
Supplementary Regulations
§ 285-30.1 Lot for every dwelling; lot frontage on street.
[Amended 5-4-2020 by L.L. No. 2-2020; 11-1-2021 by L.L. No. 6-2021]
Every building used as a dwelling shall be located on a lot; and, except for permitted accessory dwellings and zoning districts that specifically allow dwelling groups, there shall be not more than one such building on a lot. 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 New York State Village Law § 7-736. Such immediate frontage shall have a minimum width as set forth in Articles 20, 21 and 22 of this chapter. Flag lots with frontage of less than 90% of the required frontage for a district shall be prohibited and are defined as parcels with minimal road frontage and long, narrow accessways leading to a larger lot area, normally behind other parcels with traditional road frontage, (i.e., a lot shaped like a flagpole at the road leading to a larger lot area the shape of a flag).
§ 285-30.2 Exceptions to height limitations.
The height limitations of this chapter shall not apply to:
A.
Churches, schools and other public buildings when permitted in any residential district, provided that the yard requirements are complied with.
B.
Church spires, belfries, cupolas and domes, monuments, chimneys, smokestacks, flagpoles, water tanks, elevator penthouses, and conveyors provided that the aggregate horizontal area of such parts shall not exceed 20% of the ground floor area of the main building.
C.
Parapet walls not over four feet high.
§ 285-30.3 Fences.
§ 285-30.4 Corner lots.
[Amended 8-21-2023 by L.L. No. 9-2023]
A.
In the case of a corner lot in any residential district, all structures comply with the front yard requirements for each street. The interior yards shall be considered side yards.
B.
In the case of a corner lot in any commercial or manufacturing district which abuts a lot in any residential district, all structures on such corner lot shall have a setback from the street on which the lot in the residential district fronts equal to 60% of the front yard requirement of the residential district.
§ 285-30.5 Visibility.
[Amended 2-5-2024 by L.L. No. 2-2024
A.
Corner visibility. Within the triangle formed by intersecting street lines and a line joining points on such street lines 30 feet from their intersection, no fence, wall, retaining wall, plantings, signage, post, light, hedge or foliage shall be erected, planted or maintained greater than a height of two feet in any residential district, except for street trees. Open-type fences less than 10% solid may be up to but shall not exceed four feet high. No such structure or planting shall be within two feet of any paved portion of the roadway including any shoulder or within two feet of any sidewalk
B.
Street visibility. Within the right-of-way, between the curb and sidewalk or within five feet off the paved road where no sidewalk exists, no fence, wall, retaining wall, plantings, signage, post, light, hedge or foliage shall be erected, planted or maintained, except for street trees, greater than a height of 30 inches in any residential district.
§ 285-30.6 Lot size exceptions for lots of record.
Except for lots which have a lot width of less than 50 feet or have a lot area of less than 7,500 square feet, the lot width and lot area requirements of this chapter shall be automatically waived to permit the erection of a single-family dwelling on any lot which was of record ownership at the time this chapter became effective and which was then in ownership separate from any adjoining land in the same block frontage. The development of such dwelling shall be subject to site plan review in accordance with Article 51 of this chapter.
§ 285-30.7 Usable open space for residence in commercial or manufacturing districts.
In any case, in any commercial or manufacturing district where any building or portion thereof is used for residential purposes, 400 square feet of open space per dwelling unit shall be provided exclusively for recreation and household service activities.
§ 285-30.8 Projections into yards.
The following structures shall be allowed within required yards:
A.
The ordinary projection of window sills, belt courses and other ornamental features to an extent of not more than six inches.
B.
Balconies, bay windows, cornices, chimneys and roof projections not to exceed three feet.
C.
A retaining wall of any height deemed necessary by a licensed professional.
D.
Unenclosed or nonweatherproofed porches in rear yards, but not more than 25% of the required depth of such yard.
E.
Unenclosed steps not extending above the floor level of the first story, provided such steps are at least five feet from any lot line.
F.
A paved terrace, provided that such terrace is unroofed and without walls and at least five feet from any lot line.
§ 285-31.1 Purpose and applicability.
A.
The purpose of this article is to place requirements on certain uses that have a greater potential to adversely impact surrounding properties but may be desirable and compatible provided proper control and regulation. These requirements are intended to promote the public health, general safety, and neighborhood character of the immediate neighborhood and the larger community.
B.
The following requirements are applicable to all uses, permitted and specially permitted, noted in this chapter. Uses allowable by special use permit must obtain Village Board approval via the special use permit process (Article 52) prior to operation. Uses permitted by right do not require Village Board approval, provided they meet all applicable requirements set forth in this article.
[Amended 5-4-2020 by L.L. No. 2-2020]
C.
No authorization for a special use permit or building permit shall be granted by the Village Board or CEO for any use listed in this section unless it is determined that the proposed use also meets the additional regulations required in this section.
§ 285-31.2 Accessory dwelling units.
A.
Purpose. The purpose of regulating accessory dwelling units is to:
(1)
Create new housing units while respecting the look and scale of single-family residential development;
(2)
Increase the housing stock of existing neighborhoods in a manner that is less intense than alternatives;
(3)
Allow more efficient use of existing housing stock and public infrastructure;
(4)
Provide a mix of housing options that responds to changing family needs and smaller households;
(5)
Offer a means for residents, particularly seniors, single parents, and families with grown children, to remain in their homes and neighborhoods; and
(6)
Promote a broader range of affordable housing.
B.
Parcel restrictions.
(1)
One accessory dwelling unit with no more than one bedroom is permitted on a single parcel in addition the primary single-family dwelling unit.
(2)
Under no circumstances may a detached accessory dwelling unit be separated from or subdivided from the parcel containing the primary residential unit.
C.
Owner-occupancy requirements.
(1)
One of the dwelling units on the parcel shall be occupied by one or more owners of the property as a permanent residence for at least six months out of the year and who at no time may receive rent for more than one unit on the parcel.
(2)
The property owner(s) shall sign an affidavit before a notary public affirming that the owner occupies either the principal residential unit or the accessory dwelling unit and submit it to the CEO.
(3)
When a parcel containing an accessory dwelling unit is sold or ownership transferred, the new owner(s), if they wish to continue to rent or lease one of the units, must within 30 days of the sale sign a new affidavit before a notary public stating that they will occupy one of the dwelling units on the parcel as their primary residence and submit it to the CEO.
(4)
The individual sale of any accessory dwelling unit apart from the principal use is strictly prohibited.
D.
Additional regulations.
(1)
The accessory dwelling unit shall be a complete, separate housekeeping unit containing both kitchen and bath and must meet all New York State Uniform Code Requirements.
(2)
Any new separate outdoor entrance serving an accessory dwelling unit shall be located on the side or in the rear of the building for an accessory dwelling unit that is in or attached to the primary residential unit. This provision shall not apply to detached accessory dwelling units.
(3)
An accessory dwelling unit shall be designed to maintain the architectural design, style, appearance, and character of the primary residential unit. Any addition must be consistent with the existing facade, roof pitch, siding and windows of the primary residential unit. Any addition shall not exceed the height of the primary structure.
§ 285-31.3 Accessory structures and uses.
A.
General requirements.
(1)
Accessory structures or uses shall be clearly incidental to the primary structure or use in size and function.
(2)
No accessory structure or use shall be established or constructed until the primary structure or use is constructed.
(3)
Accessory uses and structures considered to be similar in nature to those listed in this section and deemed appropriate by the CEO may also be allowed in the Village.
(4)
In any district, no accessory structure shall be used for residence purposes except as permitted in § 285-31.2, Accessory dwelling units, of this chapter.
(5)
In any residential district, no access driveway to or from a commercial or industrial use shall be deemed to be an accessory use.
(6)
In any district, automobile wrecking shall not be deemed to be an accessory use.
B.
Permitted residential accessory structures or uses.
(1)
Detached deck, patio, or terrace.
(2)
Detached residential garage or carport.
(3)
Attached residential garages, carports, decks and terraces located behind the front building line of the primary structure.
(4)
Child's playground or playhouse.
(5)
Plant nursery, home garden, or greenhouse.
(6)
Enclosed storage structure.
(8)
Handicapped access ramp, installed permanently, provided it does not obstruct access to required parking.
(9)
Electric vehicle charging stations when located within an enclosed structure or behind the front building line of the primary structure.
(10)
Solar energy systems, provided they are located on the roof of the structure and do not cause the structure to exceed maximum building height requirements. Solar energy systems may be located on the ground with special use permit approval by the Village Board.
(11)
Wind energy systems, provided they are located in the rear yard and conform to the setback and height restrictions of the district in which it is located. Wind energy systems may be located on the roof of a structure with special use permit approval by the Village Board.
C.
Permitted nonresidential accessory structures and uses.
(1)
Decks, patios, and terraces.
(2)
Detached garage, when located behind the front building line of the primary structure.
(3)
Enclosed storage structure.
(4)
Fence or wall.
(5)
Handicapped access ramp, installed permanently, provided it does not obstruct access to required parking.
(6)
Electrical vehicle charging stations, subject to the provisions of off-street parking areas in this chapter.
(7)
Solar energy systems, provided they are located on the roof of the structure and do not cause the structure to exceed maximum building height requirements. Solar energy systems may be located on the ground with special use permit approval by the Village Board.
(8)
Wind energy systems, provided they are located in the rear yard and conform to the setback and height restrictions of the district in which it is located. Wind energy systems may be located on the roof of a structure with special use permit approval by the Village Board.
(9)
Walkup service windows facing any public right-of-way when accessory to a permitted retail sales and service use. Pedestrian safety, access, and connectivity shall be addressed on site.
§ 285-31.4 Adult uses.
A.
Legislative intent. Buildings and establishments operated as adult uses are determined to be detrimental and harmful to the health, safety, and general welfare of the community. In order to promote the health, safety, morals and general welfare of the residents of the Village of East Aurora, including property values, community character, quality of life, business climate and the prevention of crime, this article is intended to restrict adult uses to nonresidential, nonbusiness and noncommercial areas of the Village, and otherwise regulate their operation. Moreover, in that the operational characteristics of adult uses increase the deleterious impact on a community when such uses are concentrated, this article is intended to promote the health, safety, morals and general welfare and good order of the residents of the Village of East Aurora by regulating the concentration of such uses. This article is not intended to control the content of materials purveyed and is not an attempt to restrict the constitutional right to free speech.
B.
Restrictions. Adult uses, including adult bookstores, adult motion picture theaters, adult mini-motion picture theaters and adult entertainment establishments as defined by this Code, shall be permitted subject to the following restrictions.
(1)
No such adult uses shall be located within 1,500 feet of another existing adult use.
(2)
No such adult use shall be located within 200 feet of the boundaries of residential or commercial zoning district.
(3)
No such adult use shall be located within 500 feet of a preexisting school, church or other similar place of worship.
(4)
No such adult use shall be located in any zoning district except the GM District.
C.
Prohibition regarding public observation. No adult use shall be conducted in any manner that permits the observation of any material depicting, describing or relating to specific sexual activities or specified anatomical areas from any public way or from any property other than the property where the adult use is located. This provision shall apply to any display, decoration, sign, show window or other opening.
§ 285-31.5 Amateur (HAMS) communications station facilities.
A.
The legislative intent and purpose of this section is to recognize the distinction between amateur communications station facilities, including antennas and support structures and public telecommunications stations, antennas and support structures otherwise regulated herein. The intent and purpose is to establish a balance between the requirements under federal and state laws, rules and regulations to reasonably accommodate amateur communications with the legitimate concerns of the Village of East Aurora to protect to the maximum extent practicable the suburban character of the Village, aesthetic considerations and the health, safety and general welfare of the public.
B.
Amateur communications station facilities, including antennas and support structures, may be permitted as accessory structures and uses in any zoning district, subject to the reasonable limitations and regulations on any lot. This shall include any devices, antenna, support structures, including poles and support towers placed in the yard area of a lot to be utilized by amateur radio operators (known as "HAMS"), licensed by the Federal Communications Commission.
C.
Site plan review approval from the Village Board and a building permit from the CEO must be obtained prior to the installation of such amateur communications station facilities.
(1)
The applicant shall submit a site plan which shall be drawn to scale, showing the location of all buildings on the lot, lot lines and of any existing poles on the lot (utility, flag, etc.). The site plan shall also clearly indicate the location of the antenna support structure on the lot and its dimensions and characteristics, such as height and width and shall indicate, where reasonably required, the type of anti-climb device(s) to be installed.
(2)
The applicant shall provide the Village CEO with a copy of his/her license issued by the Federal Communications Commission, with proof that license is current and valid. The applicant shall further provide proof that all required county, state and federal permits have been obtained.
(3)
The applicant shall provide to the Village CEO the manufacturer's specifications or generally recognized engineering handbooks for installation of antenna support structures, details of footings, braces or other necessary aspects of installation.
(4)
The applicant shall submit to the Village CEO sufficient information to justify the proposed height of an antenna or antenna tower as a minimum necessary to achieve its coverage objectives.
D.
Not more than one antenna tower shall be permitted on any lot.
E.
The maximum height of a freestanding antenna or an antenna tower which is mounted on the ground shall be 50 feet. Said height shall be measured from the highest part of the freestanding antenna or antenna tower and attached antennas to the ground at the base of the freestanding antenna or antenna tower.
F.
Antennas and antenna towers shall be permitted in rear yards only, unless a variance is granted by the Zoning Board of Appeals.
G.
The minimum setbacks from all lot lines for antennas and antenna towers including, but not limited to, the base on which they are placed, shall comply with the minimum setbacks established for the district in which structures are located. The antenna span shall not encroach into the neighboring property line.
H.
Exempt from the regulations established in this section are antennas which consist of a single wire, provided that wire is not attached to a mast, pole or antenna tower.
I.
Antennas, antenna towers and accessory antenna structures shall be designed, located and screened or buffered in such a manner which provides to the maximum extent practicable compatibility with surrounding land uses. In order to minimize adverse aesthetic effects on neighboring residences to the extent practical, the Planning Commission may recommend reasonable conditions on said structures including, but not limited to, the following:
(1)
Visual screening. The Planning Commission may recommend the base of the antenna, antenna tower or accessory antenna structure to be visibly screened from adjoining lots. Said visual screening shall include, but shall not be limited to, fences, walls and landscaping. Existing on-site trees and other vegetation shall be preserved to the maximum extent practicable and may be substituted or enhanced in order to meet landscaping requirements. The shield required herein shall be sufficient to shield the view of the lower most six feet from the road and in neighboring yards.
(2)
Lighting. Unless otherwise required by federal or state law, rules and regulations, artificial lighting shall not be permitted to be placed on or to shine onto antennas, antenna towers or support structures. If artificial lighting is used, that lighting shall be aimed or shielded to the maximum extent practicable so as to minimize adverse effects on surrounding premises.
(3)
Colors and painting. Unless otherwise required by federal or state law, rules and regulations, antennas and antenna towers shall have a galvanized finish or be painted matte gray. All support structures shall maximize the use of building materials, colors and textures which are designed to blend with the natural surroundings.
(4)
Signs. Unless otherwise required by federal or state law, rules and regulations or specifically mandated by the Planning Commission for warning, modification or other purpose, signs shall not be permitted on antennas or antenna towers or their supportive structure.
J.
The owner of an antenna or antenna tower shall provide a certification from a New-York-State-licensed professional engineer that the design of the antenna or antenna tower meets all applicable structural safety requirements. The antenna or antenna tower shall be placed, erected or constructed and maintained in conformity with all applicable codes, rules and regulations.
§ 285-31.6 Bed-and-breakfast (B&B).
A.
A B&B shall only be permitted as a specified use in a single-family, detached dwelling.
B.
The residential character of the dwelling shall be preserved and no structural alterations, construction features, or site features of a nonresidential nature shall be incorporated.
C.
The owner and/or operator of the B&B shall live full-time on the premises.
D.
No more than two nonresidents of the premises shall be engaged as an employee of the operation.
E.
A B&B shall have a maximum of three guest rooms with no more than two guest rooms sharing a single bath and no more than six adult guests at one time. For the purpose of this section, "adult" means any person over the age of 18.
F.
Off-street parking shall be provided in accordance with this chapter, and may not be located in the front yard. The Village Board shall approve the location and screening of said parking spaces.
G.
There shall be no change in the outside appearance of the building or premises that detracts from the residential character of the residence or from the residential character of the neighborhood, or other visible evidence of the conduct of such B&B.
§ 285-31.7 Drive-through facilities.
A.
Vehicular ingress and egress shall be provided so as to reduce the impacts of traffic congestion on adjacent property and public streets.
B.
Drive-through facilities, including any protective canopies, signage, drive-through travel lanes, or other associated elements, shall meet the setback requirements for the property.
C.
Drive-through facilities with an amplified audio/visual system shall not be located adjacent to residential uses or districts.
D.
Stand-alone drive-through facilities are not permitted (i.e., as the primary use).
E.
Stacking space for drive-through facilities shall not impede on- or off-site traffic movements. The stacking space shall be delineated from other internal areas through the use of pavement markings that are identifiable during all seasons. The number of stacking or queuing spaces required by drive-through activity type shall be determined by the Village Board.
F.
Drive-through establishments operated in conjunction with any restaurant, eating place, food service operation or beverage or liquor store are not permitted.
§ 285-31.8 Home occupations.
A.
Permitted home occupations include, but shall not be limited to, the following: accountant, architect, artist, author, barber, beautician, consultant, counselor, dentist, doctor, dressmaker, engineer, insurance agent/broker, lawyer, photographer, realtor, tailor, teacher, and tutor.
B.
Prohibited home occupations include those that would generate adverse impacts to or are incompatible with the existing character of a residential neighborhood. These uses include, but are not limited to, the following: ambulance services, animal care services, and motorized vehicle sales or repair.
C.
The home occupation shall be owned and operated by the full-time resident(s) of the dwelling and shall operate wholly within an enclosed structure. Not more than one person not residing in the household shall be employed in the home occupation. Additional individuals may be employed by or associated with the home occupation in so far as they do not report to work at the home occupation site.
D.
A home occupation must be clearly incidental and secondary to the use of the residential dwelling and shall be permitted to occupy no more than 30% of the residence.
E.
The operation of a home occupation shall in no way change or alter the residential appearance or character of the premises or neighborhood in which it is located.
F.
There shall be no exterior display or storage of materials, good, supplies, or equipment related to the operation of the home occupation.
G.
No home occupation shall be conducted in such a manner as to produce noise, dust, vibration, glare, smoke, or smell, electrical, magnetic or other interference, fire hazard, or any other nuisance not typically found in a residential neighborhood.
H.
Activity involving on-site retail sales is prohibited, except the sale of items that are incidental to a permitted home occupation.
I.
Deliveries to home occupations on residential streets shall be permitted by two-axle vehicles only.
§ 285-31.9 Outdoor sales.
The following requirements shall apply to outdoor sales and display areas related to nonresidential uses only.
A.
The display area shall not exceed 10% of the gross floor area of the primary structure.
B.
The display area shall not block automotive traffic, sidewalks, fire lanes, or other travel lanes.
C.
Such displays shall be allowed adjacent to a principal building wall and extending to a distance no greater than 10 feet from the wall.
D.
Such displays shall not be permitted to block windows, entrances or exits and shall not impair the ability of pedestrians to use the building.
E.
The items for display are for sale and said area is not used for storage purposes.
§ 285-31.10 Outdoor storage.
A.
Outdoor storage shall be allowed only in nonresidential districts and shall be subject to the following requirements. The requirements of this section shall not apply to residential uses.
B.
Commercial Districts and the Mid-Main Overlay District.
(1)
Outdoor storage shall not be permitted in the front yard.
(2)
Outdoor storage areas shall not occupy more than 10% of the lot.
(3)
Outdoor storage areas shall be fully screened to ensure the area is not visible from the public right-of-way or adjacent residential districts or uses.
(4)
Screening shall be of sufficient height and density to completely hide storage from public view, including from streets and other public rights-of-way.
(5)
Outdoor storage only of products used or sold by the on-site business.
C.
Manufacturing districts.
(1)
Outdoor storage shall not be permitted in the front yard.
(2)
All outdoor storage shall be fully screened to ensure the area is not visible from the public right-of-way or adjacent residential districts or uses.
(3)
Screening shall be of sufficient height and density to completely hide storage from public view, including from streets and other public rights-of-way.
(4)
Contractor material and equipment storage must be a minimum of 200 feet from a residential or open space district.
(5)
Outdoor storage only of products used or sold by the on-site business.
§ 285-31.11 Public buildings, public services and public utilities.
The provisions of this chapter shall not be so construed as to limit or interfere with the development or use of public buildings used for governmental purposes, or with the construction, installation, operation and maintenance for public utility purposes of water and gas pipes, mains and conduits, electric light and electric power transmission and distribution lines, telephone and telegraph lines, sewers and sewer mains and incidental appurtenances or with any highway or railroad right-of-way existing or hereafter authorized by the Village of East Aurora, County of Erie, or the State of New York. The above exceptions shall not be construed to permit yards, garages or other buildings for service or storage by said public utilities except as otherwise permitted by this chapter.
§ 285-31.12 Cannabis uses.
[Added 12-5-2022 by L.L. No. 10-2022]
A.
Legislative intent. In order to promote the health, safety and general welfare of the residents of the Village of East Aurora, including property values, community character, quality of life, business climate and the prevention of crime, this section is intended to restrict cannabis uses to being located in certain zoning districts as more fully set forth herein. Further, that all cannabis uses proposed to operate within the Village shall be required to obtain a special use permit, regardless of the zoning classification, to ensure strict compliance with these regulations.
B.
Restrictions. Cannabis uses, including retail dispensaries, cultivators, nurseries, processing facilities, distributors and distribution centers, adult-use cooperatives, adult-use microbusinesses, and delivery services and operations, shall be permitted subject to the following restrictions:
C.
Security. Any cannabis use set forth above, regardless of its location, shall take all necessary security measures at any facility permitted by a special use permit. Unless otherwise required as a condition of the special use permit, the following requirements must be met:
(1)
All facilities where a cannabis use shall be established shall install a fully operational camera system sufficient to be used at night and covering all areas on the property to be so used.
D.
General regulations.
(1)
Odor at the facility where a cannabis use shall be established shall be maintained to limit odors onto adjoining properties to the greatest extent possible.
(2)
Mobile sales shall be strictly prohibited. Nothing herein shall prevent licensed delivery vehicles with sufficient security features from making deliveries. All delivery operations shall be listed and described as part of the special use permit application.
(3)
No on-site use, consumption, sampling, ingestion, injection, or similar functions shall be permitted at any time.
E.
Definitions. As used in this section, the following terms shall have the meanings indicated:
(1) CANNABIS USE FACILITY
Generally:
Any location, property, building, structure, accessory structure, or facility where cannabis, cannabis products, and/or related materials are located, sold, manufactured, used, smoked, ingested, processed, grown, cultivated, bartered, used, delivered, transported, advertised, or stored, including retail dispensaries, cultivators, nurseries, processing facilities, distributors and distribution centers, adult-use cooperatives, adult-use microbusinesses, and delivery services and operations.
(2) COOPERATIVE CULTIVATOR DELIVERY DISTRIBUTOR MICROBUSINESS NURSERY PROCESSOR RETAIL DISPENSARY
Specific uses:
A state-issued cooperative license authorizes the acquisition, possession, cultivation, processing and sale from the licensed premises of the adult-use cooperative by such licensee to duly licensed distributors, on-site consumption sites, registered organizations and/or retail dispensaries; but not directly to cannabis consumers.
"Cultivation" means the growing, cloning, harvesting, drying, curing, grading, and trimming of cannabis plants. A state-issued cultivator's license authorizes the acquisition, possession, distribution, cultivation and sale of cannabis from the licensed premises of the adult-use cultivator to a licensed processor.
A state-issued delivery license authorizes the delivery of cannabis and cannabis products by licensees, independent of another adult-use cannabis license, to cannabis consumers. Delivery licenses may not have a total of more than 25 individuals, or the equivalent thereof, providing full-time paid delivery services to cannabis consumers per week under one license.
Any person who sells at wholesale any cannabis product for which a license is required. A state-issued distributor's license authorizes the acquisition, possession, distribution and sale of cannabis from the licensed premises of a licensed adult-use processor, adult-use cooperative, microbusiness, or registered organization authorized to sell adult-use cannabis to duly licensed retail dispensaries, on-site consumption sites and adult-use delivery licensees.
A licensee that may act as a cannabis producer for the cultivation of cannabis, a cannabis processor, a cannabis distributor, and a cannabis retailer. A microbusiness license authorizes the limited cultivation, processing, distribution, delivery, and sale of their own adult-use cannabis and cannabis products.
A licensee that produces only clones, immature plants, seeds, and other agricultural products used specifically for the planting, propagation, and cultivation of cannabis by licensed adult-use cannabis cultivators, microbusinesses, cooperatives and registered organizations. A state-issued nursery license authorizes the production, sale and distribution of clones, immature plants, seeds, and other agricultural products used specifically for the planting, propagation, and cultivation of cannabis by licensed adult-use cultivators, cooperatives, microbusinesses, or registered organizations.
A licensee that extracts concentrated cannabis and/or compounds, blends, extracts, infuses, or otherwise manufactures concentrated cannabis or cannabis products. A state-issued processor's license authorizes the acquisition, possession, processing, and sale of cannabis from the licensed premises of adult-use cultivators to licensed distributors.
"Retailer" means any person who sells at retail any cannabis product to cannabis consumers. A state-issued retail dispensary license authorizes the acquisition, possession, sale and delivery of cannabis from the licensed premises of the retail dispensary by such licensee to cannabis consumers.
(3) CONSUMPTION ESTABLISHMENTS
Definition and use reserved for the future - not currently permitted:
Any building, structure, location, property, business, or entity that is licensed by the state for the purposes of consuming, smoking, ingesting, injecting, or otherwise using cannabis, any cannabis product, and/or any cannabis-related product.
§ 285-31.14 Temporary structures.
A.
Temporary buildings. Temporary building or contractor field offices, tool and materials storage buildings and similar temporary buildings may be placed on a lot in any district for uses incidental to the construction or renovation of a building or buildings upon such lot when approved by the CEO, provided that such temporary buildings shall be removed within 30 days of project completion. Extensions may be granted by the CEO upon written request stating the reasoning and duration for such extension.
B.
Temporary emergency living quarters.
(1)
The owner of any dwelling made dangerous or unsafe for occupancy in whole or in part for living quarters by fire, flood, wind or similar catastrophe, not self-created, after having first made application for and receiving a building permit for the repair and/or reconstruction of the said living quarters from the CEO pursuant this chapter, may apply to the Village Board for a temporary use permit for the placing of a temporary building, designed for living quarters, upon the same lot upon which the dangerous and unsafe dwelling is situated, or upon a lot contiguous thereto with the written permission of the owner of such contiguous lot, for a period not to exceed a reasonable time required for the completion of the repairs and rebuilding necessary to restore the dangerous and unsafe living quarters to a habitable condition.
(2)
Within five days after receipt by the Village Board of an application for a permit for such temporary emergency living quarters, the CEO shall make a survey of the damaged dwelling and living quarters and determine whether the damaged living quarters are, in fact, unsafe or unsuitable for habitation and the estimated time required for any unsafe living quarters to be made safe and suitable for habitation.
(3)
Upon receipt of the report establishing an unsafe condition of living quarters and fixing the estimated time required for restoring the same to a condition fit for habitation pursuant to the procedure set forth in the preceding subsection, the Village Board shall issue a temporary use permit to the owner authorizing the placement of a temporary building designed for living quarters upon the same lot upon which the dangerous or unsafe dwelling is situated, or upon a lot contiguous thereto with the written permission of the owner of such contiguous lot, which temporary use permit shall provide temporary building shall be properly and adequately provided with all utility services as required by the Erie County Health Department, and that the term of said temporary use permit shall expire upon the restoration of the damaged living quarters to a habitable condition and a certificate of occupancy authorizing the use thereof having been issued by the CEO pursuant to this chapter or the expiration of the time estimated by the report within which the unsafe living quarters may be made safe, whichever event is first to occur.
(4)
Upon the expiration of the term of the temporary use permit issued by the Village Board pursuant to the provisions of this section, the temporary emergency living quarters shall be removed within 30 days. An extension may be approved by the Village Board upon submission of a written request stating the need for such extension.
§ 285-31.15 Vehicle sales.
A.
Vehicle sales uses shall comply with the following:
(1)
The sales area shall be paved, suitably graded and drained, and maintained in a neat and orderly manner;
(2)
The number of vehicles that may be for sale on the premises must be specified on the special use permit. An increase in the number of vehicles to be sold shall require a new permit;
(3)
Exterior illumination shall be provided to the satisfaction of the Village Board in accordance with Chapter 165 of the Village Code; and
(4)
Sufficient screening shall be provided along all lot lines abutting or adjacent to residentially zoned or developed property to block any view of operations from all points on such residential property when viewed from ground level.
B.
No repairs, other than minor repairs, shall be performed on the premises. All maintenance, service, and repairs of motor vehicles shall be performed within an enclosed structure. No motor vehicle parts or partially dismantled motor vehicles shall be stored outside of an enclosed structure or screened area.
C.
The retail sales of fuel or operation of a vehicle service station on site shall require the issuance of a separate special use permit pursuant to § 285-31.16 of this chapter.
D.
No vehicles shall be displayed for sale within 10 feet of any property line that abuts a residential district or use.
E.
Perimeter landscaping shall be a minimum of 10 feet in width along the street frontage(s).
§ 285-31.16 Vehicle service stations, repair garages and gasoline service stations.
A.
No repair work may be performed out of doors.
B.
No vehicle parts or supplies or dismantled or disabled vehicles may be stored outside a building.
C.
When abutting a property zoned or used for residential purposes, there must be maintained a solid fence and landscaped screening at least four feet, but no more than eight feet in height immediately adjoining said property.
D.
No part of any building used as a vehicle or gasoline service station or repair garage, and no filling pump, lift, or other service appliance shall be erected within 25 feet of any residential district.
E.
No gasoline or oil pump, no oiling or greasing mechanism, or other service appliance shall be installed in connection with any gasoline service station or repair garage within 10 feet of any street line unless contained within a completely enclosed building.