Ensure that any parking area or facility is designed to provide proper circulation, reduce hazards to pedestrians, and protect the users of adjacent properties from nuisances caused by noise, fumes, and glare of headlights which may result from the operation of vehicles;

Reduce congestion on the street network in the Village;

Ensure there are adequate amounts of parking and loading facilities to serve the use(s) and users of a property;

Encourage alternative parking designs and modes of transportation to reduce dependence on single-occupancy vehicular trips and improve efficiency during travel; and

Ensure safe, well-planned multimodal access can be made to all commercial, manufacturing, and residential properties within the Village while minimizing potential vehicular and pedestrian conflicts.

The requirement for a single use (e.g., a single-family dwelling or a retail store) shall be determined directly from Table 40.6 of this article.

The requirements for a combination of uses made up of multiple permitted or specially permitted uses (e.g., a restaurant and bar or a retail store combined with an office building) shall be determined by establishing the requirement for each individual use from Table 40.6 of this article and adding them together, unless otherwise approved by the Village Board.

Any commercially zoned properties located on Main Street between Whaley Avenue and the easterly Village boundary are exempt from requirements of Table 40.6 of this article.

The off-street parking spaces required by Table 40.6 of this article shall not be applicable to any property located within a public off-street parking improvement district, established pursuant to Chapter 160, Article III, of the Village Code; provided, however, that this exemption shall only apply to the uses being made on premises within such public off-street parking improvement districts, at the time that such a district is established. In the case of a change of use of a building or of land, or a rezoning of property within the public off-street parking improvement districts, which would result in an off-street parking requirement of more than five spaces, the CEO shall determine the number of additional off-street parking spaces to be provided, if any, pursuant to Table 40.6 of this article.

When the required number of spaces result in a fraction, any fraction of less than 1/2 is rounded down to the next lower whole number, and any fraction of 1/2 or more is rounded up to the next higher whole number.

If the use is not specifically listed in the schedule of such requirements, the requirement shall be the same as for the most similar listed use as determined by the CEO.

Areas that may be considered as off-street parking space include any private garage, carport or other area available for parking other than a street, entrance and exit lanes, or driveway. No vehicle shall be parked or stored in any required fire lane. A driveway may only be used to meet the requirements of this article where it serves a single- or two-family dwelling.

All off-street parking and loading spaces shall be on the same lot as the use they are intended to serve unless otherwise specified in this chapter. With Village Board approval, uses within 400 feet of a municipal parking lot or designated on-street parking may be wholly or partially exempt from the off-street parking requirements.

Off-street parking spaces should not be located within 10 feet of a residential district.

Loading spaces should not be located within 50 feet of a residential district.

Parking and loading spaces may not be located within 10 feet of street frontage unless proper screening or decorative fencing is installed.

Off-street parking and loading spaces in the GC, GM, and VM Districts may be located in the front yard. Elsewhere, off-street parking and loading spaces shall be located in the side or rear yard only.

In all residential districts, no parking of vehicles shall be permitted in the area between the street line and any portion of a structure used for dwelling purposes.

Bicycle parking shall be provided with all multifamily and nonresidential development of at least 10% of the vehicle parking requirements as outlined Table 40.6, but in no case shall be less than two bicycle spaces for any single use.

The maximum number of parking spaces allowable for any use is not to exceed 125% of the requirement as outlined in Table 40.6 of this article, unless otherwise approved by the Village Board.

The Village Board may reduce the number of off-street parking spaces required if the applicant can make permanent arrangements for shared parking with other residential or nonresidential uses or can otherwise prove that the parking standards are excessive for the particular use proposed.

The Village Board may require off-street parking spaces in addition to those required by this article if it is deemed necessary to protect the health, safety, and general welfare of the public.

Whenever the normal operation of any development requires that goods, merchandise, or equipment be routinely delivered to or shipped from that development, a sufficient off-street loading area must be provided in accordance with this section to accommodate the delivery or shipment operations in order to avoid undue interference with the public use of streets or alleys.

Loading spaces shall have a minimum width of 12 feet, a minimum length of 25 feet, and a minimum clearance height of 14 feet, unless otherwise noted in this section. The related aisle shall have the same minimum clearance height.

Loading spaces shall be provided in accordance with Table 40.7 below.

No overnight parking or storage of a commercial vehicle shall be permitted in any residential district except in such case that said vehicle is used by the occupant of the premises and does not exceed 3/4-ton rated capacity. Such vehicle may only be parked or stored behind the front building line of the principal structure.

Parking garages, public parking areas, gas stations, and automobile repair garages may have separate or combined vehicle entrances and exits.

Every separate vehicle entrance or exit driveway shall have an unobstructed width of at least 10 feet, but no more than 20 feet. Every combined vehicle entrance and exit driveway shall have an unobstructed width of at least 16 feet, but not more than 30 feet.

All parking spaces, except those required for single- or two-family dwellings, shall have access to a public street or alley in such a manner that any vehicle leaving or entering the parking area from or into a public street or alley shall be traveling in a forward motion.

No driveway providing access to an off-street parking area shall be located closer than 50 feet to the intersection of public streets, unless otherwise approved by the Village Board.

Joint off-street parking spaces by two or more buildings or uses located on the same lot or adjacent lots is permitted, provided that the total of such facilities shall not be less than the sum required of the various buildings or uses computed separately. The land upon which the joint parking spaces are located shall be owned or leased by one or more of the collective users.

Shared off-street parking spaces for two or more uses that are located on the same lot or share a common property boundary and have different peak parking demands or operating hours may be permitted provided that:

In any residential district, required parking shall be provided on the same lot with the use to which it is serves.

All spaces shall be surfaced with asphalt bituminous, concrete, or dustless material approved by the Village Board and shall be maintained in smooth and well-graded condition. Such surface shall be permanent and capable of being kept free of snow, dust, and dirt and must be permanently marked. Pervious pavement materials are encouraged.

All spaces shall be clearly marked with a minimum painted strip of four inches in width.

Spaces and their access driveways shall be graded so as to provide for the proper mitigation of stormwater and runoff.

All perimeter landscaping shall include concrete, masonry, or metal barriers to contain and protect landscaping materials where required.

In locations where curbing is not required, wheel stops shall be used. Wheel stops shall be provided adjacent to any building, wall, fence, walkway, landscaped area or property line to protect people, property and other vehicles.

All new or reconstructed off-street parking lots must conform to Americans with Disabilities Act standards.

All off-street parking areas that contain more than 10 spaces must include clearly identified pedestrian route from the parking spaces to the main building entrance and public sidewalk, where applicable.

All off-street parking areas shall be landscaped and screened in accordance with Article 41 of this chapter.

All illumination of off-street parking areas shall be in conformity with the provisions of Chapter 165 of the Village Code.

Parking space and aisle dimensions shall follow the requirements of Table 40.10J below. Centerline gradients of aisles shall not exceed 8%.

The Village of East Aurora recognizes the value of trees and landscaping and that the preservation and enhancement of these resources is necessary to protect the health, safety and welfare of Village residents. Landscaping is considered an integral part of site design, offering shade and habitat, impeding soil erosion, providing water absorption and retention to inhibit excess runoff and flooding, enhancing air quality, offering a natural barrier to noise and enhancing property values and providing scenic beauty. Landscaping emphasis shall be placed on providing features that enhance the overall aesthetics of development and the character of the Village of East Aurora.

It is the purpose of this section to:

A landscape plan shall be submitted and approved as a part of the site plan review process.

The landscape plan shall be drawn to scale, including dimensions and distances, and shall clearly delineate:

The landscape plan shall delineate the location and description of all existing and proposed trees, shrubs and plantings. To insure proper protection of plantings and planted areas, landscape materials to be used on the site shall be identified in a planting schedule to be included on the landscape plan with the following information:

The landscape plan shall include all existing plant materials that are to be removed from the site and such other information as may be required by the Planning Commission.

Landscape plans should include a variety of trees, shrubs, and ornamental planting (annuals and perennials) as part of the site design. The mixing of trees and shrubs helps to avoid a uniform, unnatural appearance, and to protect against extreme loss due to disease or infestation.

The landscape plan must be prepared, signed and stamped by a professional, New-York-State-licensed or registered landscape architect, certified nurseryman or landscape designer.

Upon approval of the landscape plan by the Village, the property owner agrees to install and perpetually maintain the approved landscape design and materials.

All landscaped areas approved by the Village shall be preserved according to the landscape plan, or as amended by the Planning Commission or Village Board. Flora that dies shall be replaced within the next planting season with materials of a similar nature.

Plant and landscape materials shall be compatible with soil conditions on site and the regional climate. Native plant species are encouraged.

All grasses, trees, and plant material shall be in accordance with those appropriate for the Plant Hardiness Zone of the Village of East Aurora as defined by the United States Department of Agriculture.

Under no circumstance shall any site include plant material that is considered by the New York State Department of Environmental Conservation to be a prohibited and regulated invasive species per New York State Law 6 NYCRR V C 575.

A minimum ground cover of not less than 25% of the total lot area shall be landscaped with an appropriate balance of trees, conifers, shrubs, ornamental plantings and lawn area to create a naturalized appearance on the site.

The arrangement and spatial location of landscaped areas shall be designed as an integral part of the site development and disbursed throughout the site, and not just located around the perimeter.

Existing vegetation and trees of all sizes and stages of maturity shall be maintained, wherever possible.

Plastic or other artificial plantings or vegetation are not permitted.

Landscape plantings should be designed to stage blooms and have color throughout the growing season.

Indigenous species shall be utilized to the greatest extent possible, as noted on the species list.

Provisions for snow removal and snow storage must not adversely impact landscaped areas. Any area damaged as the result of snow removal or storage activities must be fully restored in accordance with the approved landscaping plan within the next planting season.

Upon approval of the Planning Commission or Village Board, ornamental lighting and street furnishing may be incorporated within approved landscaped areas.

Grass areas shall be planted in a species well adapted to localized growing conditions in Erie County. Grass areas may be sodded, plugged, sprigged, hydro-mulched, or seeded except that solid sod shall be used in swales or other areas subject to erosion.

In areas where other than solid sod or grass seed is used, over-seeding shall be sown for immediate effect and protection until coverage is otherwise achieved.

Grass areas shall be procured from new of the year seed crops, free of foreign material or weed seeds.

Replacement or over-seeding mixes shall match or compliment the original installation.

Grass areas shall also provide continuous, uniform, and consistent coverage.

A mix of landscape plantings shall be installed around all building foundations.

Plant material shall be placed intermittently against long expanses of buildings walls, fences, and other barriers to soften the effect and to help break up walls with little to no architectural detail to the satisfaction of the Village Board.

Ornamental plant material, such as flowering trees and shrubs, perennials, and ground covers are encouraged.

Plantings should decrease in size and increase in detail, color, and variety near entryways into buildings.

Not less than 8% of the interior of parking areas designed for 10 cars or more should be devoted to the required landscaped area on the site.

The dimensions of all islands and medians should be a minimum of eight feet wide at the shortest side to protect plant materials installed therein and ensure proper growth (see Figure 1). Landscaped islands should be protected with concrete curbing, a minimum of six inches in height.

Landscaping should include at least one tree in each island and at least one tree for every 300 square feet of island area (see Figure 1). Low shrubs and ground covers will be required in the remainder of the island area. Effective use of earth berms and existing topography is also encouraged as a component of the landscaping plan.

Large and medium shade trees (no less than eight feet in height at maturity) are recommended. Due to heat and drought stress and vision clearances, ornamental and evergreen trees are not recommended.

Landscaped islands should be utilized in parking areas to separate parking stalls into groupings of not more than 20 stalls between islands (see Figure 1).

Parking lots should be broken up into "rooms" of no more than 40 spaces, separated by landscaped islands or pedestrian accessways or sidewalks (see Figure 1).

Landscape materials (a mix of trees, shrubs and other plantings) should be used along the street frontage and sides yards to screen parking areas from view of streets and adjacent residential uses.

All dumpsters shall be screened from public view in accordance with the following:

All mechanical equipment must be screened from public view in accordance with the following:

Loading spaces and delivery areas, such as loading docks, shall be located so as not to be visible from the street or public right-of-way. If not practical, landscaping and buffering shall be provided to screen such areas from public view.

Where any nonresidential use abuts a residential use or district, including off-street parking areas, a landscaped buffer of at least five feet in width shall be provided. Such buffer shall include one or any combination of the following screening methods to the satisfaction of the reviewing board.

All trees planted within the public right-of-way shall be in compliance with Chapter 240, Trees, of the East Aurora Village Code, and are subject to review and approval by the Village Tree Board.

The Planning Commission and Village Board may refer landscape plans and other related application materials to the Village Tree Board for recommendations of tree and plant placement, sizing, species, etc. Such recommendations shall be provided to the referring board and applicant in a written summary.

The property owner, or his designated agent, shall be responsible for the proper care and maintenance and replacement, if necessary, of all landscape materials in a healthy and growing condition.

Maintenance shall include, but not be limited to, watering, weeding, mowing (including trimming at the base of fencing), fertilizing, mulching, proper pruning, and removal and replacement of dead or diseased trees and shrubs on a regular basis.

All landscaping and plant material that is missing, dead, decaying, or injured as of September 30 shall be replaced by June 30 of the following year at the property owner's expense. The replacement shall be of the same species and size.

Irrigation systems shall be designed to minimize spray on buildings, neighboring properties, roads or sidewalks, maintained in proper operating condition, and conserve water to the greatest extent feasible through proper watering techniques.

Improper maintenance shall be determined through periodic inspection by the CEO. The CEO may require a review and status report of plantings by a professional landscaper, arborist, or engineer. All costs for review and determination shall be at the expense of the property owner.

The primary purpose of these sign regulations for the Village of East Aurora is to permit the erection and display of signage within the Village, while protecting public health, safety and general welfare. All signs and sign systems are subject to the regulations that follow in this article.

These regulations also serve to achieve the following objectives:

The regulations of this article shall govern and control the erection, enlargement, expansion, renovation, operation, maintenance, relocation, and removal of all signs within the Village visible from any street, sidewalk, public right-of-way, or public space.

Application requirements. The following information shall be provided to the CEO for a sign permit application:

No permit required. The following situations shall not require the issuance of a sign permit provided such maintenance, changes, or alterations do not in any way alter the physical size, design, or nature of the sign.

Board review.

Alteration. Any sign for which a permit has been issued shall not be modified, relocated, altered, or replaced, unless an amended or new sign permit is obtained from the CEO.

Expiration. A sign permit shall expire if the sign for which the permit has been issued is not fully constructed within one year from the date of issuance of the sign permit.

Revocation. The CEO or designee may, at any time for a violation of this regulation, issue a notice of violation. A written notice of the violation including all reasons for the violation shall be mailed to the property and sign owner(s). Said violation must be corrected within 30 days of the date of notice; otherwise, the sign permit shall be revoked and the sign in question shall be required to be removed.

Sign area.

Sign height.

Safety provisions. All signs shall be designed, constructed, and located in accordance with the following criteria to protect the general health, safety, and welfare of the public.

Design and construction. All signs shall be designed and constructed in accordance with the following criteria:

Location. All signs shall be so located in accordance with the following standards:

Visibility at intersections. No sign or any part of a sign exceeding three feet in height, other than a supporting pole or brace no greater than 18 inches in width or diameter, shall be located within the designated clear sight triangle of any intersecting streets. The clear sight triangle shall be defined by the triangle formed by two intersecting street lines and a line joining points on such street lines 30 feet from their intersection.

Illumination. All sign illumination shall be in accordance with the following standards:

Maintenance and repair. All signs shall be maintained in safe and good structural condition, in compliance with all applicable building and electrical codes, and in conformance with this article at all times. Such maintenance includes replacement of all defective bulbs, parts, materials, painting, repainting, cleaning, replacement of copy, and other acts required for maintenance of such sign. If any sign does not comply with these standards, the CEO may require its removal.

Obsolete signs. Any sign that no longer advertises or identifies the current or permitted use of the property must be removed within 30 days after written notification from the CEO.

Removal of signs.

Directional signs. Signs that provide direction to pedestrians, bicyclists, or motorists shall not require a sign permit provided the following conditions are met:

Signs on gasoline pumps. Signs attached to a gasoline pump shall not require a permit provided they do not exceed six square feet in area per sign.

Governmental signs. Any official sign, public notice, or warning sign supported by federal, state or local law, including but not limited to signs erected and maintained pursuant to and in discharge of any government functions. (Example: New York State inspection station or authorized repair shop identification). There are no size requirements or time limits for governmental signs.

Historical signs. Signs such as cornerstones, commemorative tablets, and historical markers, provided that said signs are less than six square feet in area and not illuminated.

Incidental signs. Signs containing no commercial message that are intended to identify incidental property information, such as addresses, entrances, exits, hours of operation, or open/closed, shall not require a permit provided the following conditions are met:

Internal signs. Signs within a building not legible from the public right-of-way or adjacent lots, or any sign within an enclosed outdoor space, such as an athletic field, where such sign is not legible beyond the property lines. There are no requirements for internal signs.

Lawn signs. Lawn signs shall be allowed on any lot without a permit provided the following conditions are met:

Noncommercial signs on a residential property. Any sign on a residential property that does not contain a commercial message shall not require the issuance of a sign permit, provided the following conditions are met:

Signs for which no sign permit was issued or for which a sign permit has been revoked.

Signs that are not properly maintained, considered structurally unsound, hazardous, or otherwise unsafe.

Signs that contain words or pictures of an obscene or pornographic nature.

Signs that emit audible sounds, odor, or visible matter.

Signs placed on a curb, sidewalk, hydrant, utility pole, trees or other objects located on or over any public street unless otherwise permitted by the Village Board.

Signs that may be confused with a traffic control sign, signal or device or the light of an emergency or road equipment vehicle or hide from view any traffic or street sign, signal, or device.

Signs that flash, blink, rotate, or revolve, and/or utilize unshielded lighting devices or reflectors to outline or provide the background of a sign.

Internally illuminated signs and signs that utilize exposed neon tubing for letters or lighting.

Signs that are mounted on wheels or mounted on any structure on wheels.

Signs mounted on or applied to registered or unregistered vehicles unless such vehicle is parked legally or out of public view.

Signs with mirrors or any other reflective material.

Signs painted directly on walls or other structural building features except by special use permit from the Village Board.

Manual changeable copy signs, electronic changeable copy signs, and signs that are animated or utilize full motion or video technology.

Banners, pennants, windblown or inflated signs.

Roof signs, obsolete signs, off-premises signs, and billboards.

Residential districts.

Nonresidential districts.

All signs that are nonconforming as of the date of enactment of this chapter must be removed or brought into compliance at such time as the sign is replaced, the property and/or business changes use or ownership, or a new permit is required under the provisions of this article.

Any nonconforming sign that is removed from its position or siting and not replaced in-kind within 30 days shall be presumed to be abandoned and discontinued and may not be restored or reerected except in compliance with this article.

No nonconforming sign may be altered in any way that would increase its nonconformity with the regulations of this article, including, but not limited to area, height, setback, and illumination.

Nothing herein shall be deemed to prevent maintaining a nonconforming sign in good repair and safe condition.