Elma City Zoning Code
ARTICLE IXA
Major Commercial C-3 District
§ 144-86.5 Statement of intent.
The Major Commercial (C-3) District is intended to provide a commercial zoning district for larger, commercial uses along major transportation corridors. The district should enhance the overall image of the Town and create destinations through aesthetics, site layout, access management, and residential buffering.
§ 144-86.6 Permit required.
A.
No person, firm, or corporation, not already using buildings for business purposes, shall use any existing buildings or lands for any use, other than for normal farming purposes, without first procuring a permit for such use from the Town Board of the Town of Elma, which said permit shall only be issued after a hearing before the Town Board. The Town Board may refuse any such permit after such hearing if it appears to violate the Zoning Ordinance or if said proposed business or industrial use constitutes a nuisance or will imperil the health and well-being of any of the citizens of the Town.
B.
If such use is proposed for a building to be erected, the Town Board, after hearing held before it, may grant a preliminary use permit for a use described in § 144-86.8, and thereafter the Building Inspector may issue a building permit for such building in the manner provided in the Elma Code. When the building is completed, a formal use permit, to be issued after application therefor and a hearing before said Town Board, shall be required before a certificate of occupancy is issued by the Building Inspector.
§ 144-86.7 Effect upon other zoning requirements.
Where the standards of the C-3 District conflict with other regulations of the Town of Elma Code, the more restrictive standards shall apply.
§ 144-86.8 Permitted uses.
The following is a list of uses that are permitted within the C-3 District. The maximum total area of a building shall be 20,000 square feet. Any building greater than 20,000 square feet shall require a special use permit.
A.
Principal.
(1)
Any use permitted under the C-2 District, except for single-family residential and two-family residential.
(2)
Residential on the upper floors of an approved commercial use, limited to two dwelling units.
[Amended 2-4-2015 by L.L. No. 1-2015]
(3)
Stores for retail merchandising and customary services incident to retail sales.
(4)
Assembly halls or auditoriums.
(5)
Hotels/motels.
(6)
Commercial entertainment and recreational establishments, such as theaters and bowling alleys, when conducted only indoors and when lights and sound are controlled so as to prevent a nuisance.
(7)
Dry-cleaning pickup stations, dry-cleaning plants using nonflammable fluids in self-contained, solvent-reclaiming units, hand laundries.
(8)
Automobile service stations, including gas stations and public garages:
(a)
Approval of the Planning Board after a public hearing is required for the issuance of a permit for the erection or enlargement of a public garage, automobile service station, or gas station or for the conversion of any premises to be used for such purposes listed above in any permitted zone, if any part of the lot or plot in question is situated within a radius of 200 feet of, or within any portion of, a road between intersecting roads that are not 600 feet or more apart, in which portion there exists a church, a public hospital or a hospital maintained as a charitable institution, a public library, a public school, a duly organized school giving regular instructions at least five days a week for eight or more months a year, a community house, a playground or other public recreation area, or a theater containing 300 seats or more.
(b)
Gasoline pumps or other service appliances shall be set back at least 20 feet from any road line. Driveways shall have an unobstructed width of at least 10 feet and shall not exceed a width of 25 feet where they intersect the road line and shall not be nearer than 10 feet to a side line. No major repair work connected with the operation of a public garage or automobile service station shall be carried on outside the building, and no part of any such building shall be used for residence or sleeping quarters. Commercial storage of gasoline or other petroleum fuel for wholesaling is prohibited. All state and county regulations shall apply.
(c)
Volatile materials, except as provided in Subsection A(8)(d), shall be stored underground only and in quantities not exceeding 12,000 gallons; tank trucks containing volatile materials may be parked on premises only while attended by the driver. A tank trailer containing volatile materials shall not be disengaged from a tractor on the premises. Any transfer for volatile materials from one underground tank to another shall be in underground piping buried at least 18 inches below grade.
(d)
Propane (LP gas) must be stored aboveground in tanks or containers meeting standards contained in New York State rules and regulations and enclosed by an adequate fence or barrier approved by the Building Inspector.
(9)
Marine and recreational vehicle sales and service.
(10)
Building equipment and contractor supply yards.
(11)
Custom shops, including cabinet making, carpentry, electrical and mechanical trades, plumbing, printing, shoe repair, tailoring, woodworking and the making of articles for sale only on the premises.
(12)
Warehousing and wholesale centers.
(13)
Passenger depots or terminals.
§ 144-86.9 Uses permitted by special use permit.
Any building with a total area greater than 20,000 square feet shall require a special use permit. Additionally, for the purposes of considering uses that may not have been specifically listed as a permitted use nor prohibited within the C-3 District, but that warrant consideration because the Town feels that the use may comply with the intent of the C-3 District, the Town Board, following a public hearing, may issue a special use permit, subject to § 144-135, so long as the use is not permitted in the Industrial Zoning District, in which a special use permit shall not be granted.
§ 144-86.10 Expansion of existing buildings.
A.
The maximum building footprint size for a new building in the C-3 District is 20,000 square feet. Any existing building within the C-3 District (as of the date of the first adoption of the new C-3 District, October 1, 2008) may expand by up to 50% over its current size. These expansions, up to 30,000 square feet, are permitted as of right through site plan approval.
B.
Buildings that are currently less than 20,000 square feet (maximum building footprint for a new one-story building) may expand up to a total footprint size of 30,000 square feet (150% of the maximum building footprint) as of right through site plan approval.
C.
Multiple expansions to a building may occur, so long as the cumulative size of expansions does not exceed the maximum expansion that would have been permitted on the building at the time of adoption of the C-3 District.
D.
If this allowable expansion (up to 50%) results in a building over a footprint of 30,000 square feet (150% of the allowable building size), the expansion will require a special use permit (SUP) from the Elma Town Board.
E.
As with new buildings, these permitted existing building expansions will also allow second stories.
F.
Building expansions in excess of all those permitted above can only be granted by issuance of a variance by the Zoning Board of Appeals.
G.
Any and all building expansions are subject to the requirements of site plan approval.
§ 144-86.11 Prohibited uses.
To ensure that certain undesirable uses are not allowed in the C-3 District, in the case that there is some indecision on a permitted use, and to ensure that a special use permit is not granted, the following is a list of uses that are specifically prohibited within the C-3 District:
§ 144-86.12 Bulk requirements.
The minimum lot dimensions for permitted uses and structures in the C-3 District shall be as follows:
B.
Maximum lot coverage. All buildings, structures, and impervious services contained on a lot shall have a maximum total lot coverage of 75%.
C.
Maximum height. The height regulations herein shall supersede § 144-95, Building height, for structures in the C-3 District only and shall constitute the maximum height for any new structure in the C-3 District.
D.
Required yards. The following table identifies the minimum setbacks required for new structures within the C-3 District.
Use | Yards | From an Abutting Residential Zoning District or an Abutting Existing Residential Use (regardless of zoning district) (Refer to § 144-86.13D(5) for additional standards.) | ||
|---|---|---|---|---|
Front | Rear | Side | ||
All permitted uses | 50 feet | Principal uses: 10 feet | Principal uses: 10 feet on each side | Principal uses: 40-foot rear setback abutting such and 20-foot setback on each side abutting such |
Accessory uses: 10 feet | Accessory uses: 20-foot rear setback abutting such and 10-foot setback on each side abutting such | |||
§ 144-86.13 Design standards.
In addition to the general standards outlined in this section, all development within the C-3 District, with the exception of agricultural structures, shall conform to the Town's Design Guidelines, where applicable (copy to be obtained from the Town).
A.
Architecture; general design.
(1)
The architecture, design, and layout of the site is subject to review by the Planning Board and generally should promote a mix of small- and large-scale commercial uses to be developed into an attractive regional destination without becoming a typical suburban commercial strip. The site should provide sufficient buffering from adjacent residential uses and incorporate access control provisions.
(2)
The applicant shall submit building plans and elevations showing how any proposed structure conforms to and enhances the character of the neighborhood and, if applicable, meets the specific requirements of any overlay district.
(3)
Buildings that are designed around a corporate image or franchise design are discouraged. The architecture and design of buildings shall take on a character unique to the Town of Elma.
(4)
Buildings intended for use by multiple tenants should be designed in such a way to avoid the appearance of a long strip plaza and should contain features such as variations in scale and design and should incorporate breaks in the building that contain landscaped areas, gathering spaces, or architectural amenities.
(5)
The side of a building that fronts a street shall not consist of a blank, monotonous wall that would not meet the neighborhood character intent. Strategies that could be applied to a building facade to improve its appearance include incorporating recesses and projections, alternating roof lines and pitches, varying building materials, colors, and/or designs, and street-level windows.
(6)
All rooftop HVAC units, communications equipment, or other rooftop equipment shall be screened from view at ground level by use of building and/or roof features compatible with the design of the building.
(7)
In general, at least 25% of any nonresidential building that faces the street shall consist of windows.
B.
Site layout.
(1)
Lots developed with multiple buildings or intended for multiple tenants shall be well planned to create interconnection and unity of the site and avoid the scattered, disconnect layout of buildings.
(2)
Pedestrian walkways shall be installed between principal buildings, or in the case of a multitenant building, between leasable entrances, on a single site and shall be constructed of concrete, decorative brick, or other material approved by the Planning Board.
C.
Parking, driveway, and loading areas. In addition to the regulations defined in Article IV, Off-Street Parking, any parking area within the C-3 District shall conform to the following:
(1)
All required parking, driveways, and loading ingress and egress areas shall be paved with blacktop, concrete, or other acceptable dust-free paving material.
(2)
Parking and loading areas must be set back from the street right-of-way a minimum of 10 feet and shall be set back from the rear and side property line a minimum of two feet, except in the case of shared access.
(3)
Parking and loading areas shall be screened according to § 144-44E(3).
(4)
Driveways providing ingress and egress from parking and/or loading areas are subject to §§ 144-33 and 144-44E(4).
(5)
Parking areas shall contain pedestrian walkways throughout the parking area to provide safe circulation of pedestrians between the parking area and entrance to a building. Pedestrian walkways shall consist minimally of a striped walkway. Preferably, pedestrian walkways should be constructed of concrete or raised or stamped concrete to clearly indicate a pedestrian facility.
D.
Landscaping/screening. Any permitted use developed within the C-3 District shall conform to the following:
(1)
Existing natural vegetation and trees shall be preserved to the greatest extent practicable. Other landscaping treatments such as trees and shrubbery shall be located as directed by the Planning Board through site plan review to achieve the desired character and conformance with the surrounding properties.
(2)
A minimum of 15% of the area devoted to parking shall consist of landscaping, subject to the approval of the Planning Board.
(3)
The placement of landscaping is encouraged within islands and along the periphery of the parking areas, within the front and side yards, and around the building.
(4)
For every 30 feet of road frontage, a street tree shall be planted in accordance with New York State Department of Transportation standards.
(5)
The required yard for any permitted use abutting a Residential A, Residential B, or Residential C and Agricultural District, or any permitted use abutting an existing residential use, shall be screened as identified in § 144-86.12D. Required yards shall consist of natural vegetation and undisturbed green space. If the Planning Board determines that the natural vegetation within the required yard does not provide a sufficient buffer, it may require additional screening by earthen berm, landscaping, masonry wall, fence, other screening method, or additional setbacks.
(6)
Trash containers, dumpsters, storage areas, and HVAC and mechanical equipment shall not be located within the required front, side, or rear setback and shall be screened from public view by fencing or continuous landscaping.
E.
Signage.[1]
[Amended 6-15-2022]
(1)
No digital signs other than static images.
[Added 10-19-2011]
[1]
Editor's Note: See Attachment A, C-3 Transit Road LED Message Board District, which is included as an attachment to this chapter.
F.
Access management. The objective of access management is to reduce the number of conflict points and to ensure vehicular and pedestrian safety.
(1)
Shared access and cross access of adjacent lots is encouraged, subject to Planning Board review, to reduce the number of curb cuts and provide access control.
(2)
The location and number of access points are subject to the review and approval of the Planning Board, Town Engineer and, when appropriate, the Town Highway Superintendent.
(3)
Access driveways shall conform to §§ 144-33 and 144-44E(4).
(4)
Access management should reference the NYSDOT Best Practices in Arterial Management.
G.
Other. Any permitted use developed within the C-3 District shall conform to the following additional provisions:
(1)
The placement of lighting on the site shall be subject to review of the Planning Board to ensure site lighting is directed away from adjacent properties and does not produce night glow. The use of LED lighting is encouraged.
(2)
Site lighting shall consist of cut-off, shielded, or directional lighting fixtures. The use of LED lighting is encouraged.
(3)
The intensity of light at the perimeter of the site shall not exceed 0.1 footcandle.
§ 144-86.14 Maintenance bond as condition of site plan approval.
The Planning Board will require, as a condition of site plan approval, that the applicant file a two-year maintenance bond, in such amount as determined by the Town Planning Board, to insure that the proposed development's required landscaping is maintained in compliance with approved plans. An estimate of the value of the landscaping will be required as part of the site plan approval so that an amount can be determined for the bond.