Elma City Zoning Code
ARTICLE XA
Elma Center Overlay
§ 144-93.1 Statement of intent.
In accordance with the Regional Comprehensive Plan, the Elma Center Overlay is established to employ standards that improve the quality of development for the Elma Center hamlet area that result in the reuse and enhancement of existing structures, improvement in the overall visual quality of the area, and promote the creation of a unique, pedestrian-friendly district that focuses on the historic foundations of the Town of Elma. The image of the Elma Center area should reflect that of the older, more stately homes along Bowen Road north of Bullis Road.
§ 144-93.2 Boundaries.
The boundaries of the Elma Center Overlay are as follows:
Beginning at a point along the center line of Bullis Road, 300 feet west of the center line of Bowen Road, the Overlay boundary runs parallel to Bowen Road at a distance of 300 feet from the center line of Bowen Road south to the parcel that contains the Town of Elma Highway Department garage. The boundary then runs east to the center line of Bowen Road, then runs south to the center line of Woodard Road. The boundary then follows the center line of Woodard Road east 100 feet, then runs northeast along a parcel line to a distance 300 feet east of the center line of Bowen Road. The boundary then runs parallel to Bowen Road, at a distance of 300 feet from the center line of Bowen Road, north to the Pond Brook Homes parcel. The boundary then runs west to the center line of Bowen Road, then runs north along the center line of Bowen Road to the center line of Bullis Road. The boundary then runs west along the center line of Bullis Road to meet up with the starting point, 300 feet west of the center line of Bowen Road. |
§ 144-93.3 Effect upon other zoning requirements.
The standards of the Elma Center Overlay shall be superimposed over, and supplement, the underlying zoning standards. Each use must conform to the standards of the underlying zoning district, as well as the standards of this overlay district, and the more stringent standards shall apply.
§ 144-93.4 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 § 144-93.6, 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.
§ 144-93.5 Objectives.
The standards contained herein, which govern all development and redevelopment within the boundaries of the Elma Center Overlay, are founded upon the following objectives:
A.
Establish criteria that promote the creation of a unique district consisting of a character that complements the older, stately homes in the area.
B.
Promote the reuse and enhancement of existing structures.
C.
Improve the overall visual quality of the Elma Center hamlet area.
D.
Promote a streetscape that is pedestrian-friendly and safe by promoting small-scale buildings, encouraging buildings to orient and locate close to the street, eliminating front yard parking, and restricting the number of vehicle access points.
E.
Establish standards to ensure that new development or redevelopment is in character in terms of scale, design, use, and layout with the historic, pedestrian-scaled character envisioned for the hamlet.
F.
Access management practices should be employed to limit vehicular-pedestrian conflict points and to improve vehicle safety and traffic flow.
G.
Establish standards that allow for a harmonious mix of uses.
H.
Reduce signage clutter by controlling the number and size of signs, the placement of signs, and the appearance of signage. Signage should be designed to complement the architecture of the building and promote the character of the Elma Center hamlet area.
I.
Landscaping and other amenities should be incorporated into site development to enhance the site and screen parking areas.
§ 144-93.6 Permitted uses.
The uses that are permitted within the Elma Center Overlay shall be determined by the underlying zoning district.
§ 144-93.7 Prohibited uses.
To ensure that certain undesirable uses are not allowed in the Elma Center Overlay, in case that there is some indecision on a permitted use, or to ensure that a special use permit is not granted, the following is a list of uses that are specifically prohibited within the Elma Center Overlay:
A.
Principal.
(1)
Any establishment with vehicle drive-through facilities.
(2)
Tattoo or piercing parlors.
(3)
All automobile sale/service stations, including gas stations.
(4)
Marine or other vehicle sales and service.
(5)
Truck terminals and wholesale or retail distribution centers.
(6)
Self-storage facilities.
(7)
Outdoor storage.
(8)
Commercial car washes.
(9)
Building equipment and contractor supply yards.
(10)
Warehouses or wholesale centers.
(11)
Any industrial or manufacturing use.
(12)
Telecommunications facilities.
(13)
Junk or salvage yards.
(14)
Adult entertainment.
§ 144-93.8 Submission requirements.
A.
The applicant shall meet all submission requirements of site plan review.
B.
The applicant shall submit building plans and elevations indicating the facade treatments and construction materials and colors of all structures in compliance with the standards of the underlying zoning district and Elma Center Overlay.
C.
The applicant shall submit a minimum of two different renderings of the proposed structure(s) to be developed on the site to allow the Planning Board to choose the alternative that it feels will best comply with the overlay.
D.
The applicant shall submit a site plan that identifies all components of the development and indicates compliance with all the requirements of the Zoning Law and the Elma Center Overlay.
E.
The applicant shall submit a landscape plan identifying the location, type, size, and planting specifications of all landscaping proposed for the site. The landscape plan shall also identify, in general, existing vegetation on the site.
F.
The applicant shall submit a signage plan that shows the size, type, placement, lighting, design, and construction materials of each sign proposed for the site comply with all the requirements of the Zoning Law and the Elma Center Overlay.
§ 144-93.9 Design standards.
In addition to the general standards outlined in this section, all development within the Elma Center Overlay, with the exception of agricultural, single-family residential, and two-family residential structures, shall conform to the Town's Design Guidelines, where applicable (copy to be obtained from the Town).
A.
Minimum lot dimensions. To encourage small-scale, pedestrian-oriented activity within the hamlet area, the Planning Board may reduce the required lot width to 50 feet where public sewers exist.
B.
Building setbacks.
(1)
The following setbacks shall supersede the setbacks of the underlying zoning and apply to all development within the Elma Center Overlay to promote the hamlet streetscape and to encourage pedestrian activity and safety. Where a setback is not established, the underlying setback shall be applied.
(2)
To encourage a visually appealing and pedestrian-friendly streetscape, the front building setback shall be no less than five feet and no more than 10 feet as measured from the street right-of-way. Arcades, awnings, balconies, porches, and other architectural amenities shall be permitted to encroach upon the front setback by a maximum of five feet as long as it does not encroach upon the right-of-way.
C.
Architecture. The architecture and design of any structure within the Elma Center Overlay shall comply with the standards of the underlying zoning and shall conform to the following general guidelines.
(1)
General design.
(a)
The architecture and design of any structure shall:
[1]
Comply with the character envisioned for the Elma Center hamlet area that complements the older, more stately homes found along Bowen Road, north of Bullis Road;
[2]
Enhance the visual quality of the Elma Center hamlet area;
[3]
Be harmonious with adjacent uses;
[4]
Be pedestrian-oriented and promote pedestrian safety; and
[5]
Comply with the Town's Design Guidelines, where applicable.
(b)
The reuse or redevelopment of an existing structure shall be considerate of the original character of the structure. Any additions to an existing building shall conform to the requirements of the Elma Center Overlay.
(2)
Building materials.
(a)
Any side of a building that faces a street or public right-of-way shall incorporate a facade constructed of any of the following materials: stone, brick, masonry, marble, wood or vinyl siding, or other material approved by the Planning Board.
(b)
The use of cast concrete, cinder blocks, or metal paneling shall not be used on sides of a building that face a street or public right-of-way.
D.
Site layout. The site layout within the Elma Center Overlay shall comply with the standards of the underlying zoning and conform to the following general guidelines. In the case of conflicting standards, the regulations of the Overlay District shall prevail.
(1)
All new developments within the Elma Center Overlay shall install a sidewalk within the right-of-way and parallel to Bowen Road, in accordance with the county and Town standards, where applicable. The sidewalk shall measure no less than five feet in width and be placed at least seven feet from the pavement edge along the entire frontage of the lot to allow for pedestrian circulation.
(2)
The building and site should incorporate design features that make it compatible and safe for both vehicular and pedestrian access and circulation.
E.
Parking and loading areas. Off-street parking shall comply with the standards of the underlying zoning and Article IV of the Zoning Code, and shall conform to the following additional standards:
(1)
Parking and loading areas must be set back from the street right-of-way a minimum of 20 feet.
(2)
To reduce the impact of parking areas on the hamlet area, the Planning Board may reduce the required number of parking spaces if it determines that the presence of pedestrian traffic or nearby shared parking warrants less on-site parking.
(3)
A minimum of 10% of the interior of a parking area designed for 20 cars or more shall be devoted to landscaping used to break up the parking stalls where the parking area is visible from the public right-of-way.
(4)
A minimum of 20% of the interior of a parking area designed for 50 cars or more shall be devoted to landscaping where the parking area is visible from the public right-of-way.
(5)
Parking areas shall not contain a continuous single row of parking stalls of greater than 10 parking spaces without interruption by a landscaped island where the parking area is visible from the public right-of-way.
(6)
In addition to the screening of a parking area required in § 144-44E(3), the use of decorative ornamental features, masonry walls, fencing, or a mix of each is encouraged to additionally screen parking and loading areas and to create a more visually appealing streetscape.
(7)
Pedestrian walkways shall be incorporated throughout a 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.
F.
Landscaping/Screening. Landscaping and screening shall comply with the standards of the underlying zoning and shall conform to the following additional standards:
(1)
For every 25 feet of road frontage, a street tree shall be planted between the sidewalk and the edge of pavement, in conformance with county and Town standards, where applicable.
(2)
Additional shade trees shall be planted throughout the site of any non-single-family or two-family residence and nonagricultural use at a ratio of one tree per 10,000 square feet of lot area.
(3)
The required front yard shall consist of vegetative ground cover, perennial and annual landscaped areas, and/or other amenities that enhance the visual appearance and pedestrian-friendliness of the streetscape. The use of hanging baskets and other decorative planters is encouraged.
(4)
All landscaped areas shall be maintained, and any vegetation that dies shall be replaced during the following planting season.
G.
Signage. Signage shall comply with the standards of the underlying zoning and § 144-102.1, Signs, and shall conform to the following additional standards:
(1)
Proposed signage shall be designed to complement the architecture of the building and comply with the historic, pedestrian-friendly character envisioned for the Elma Center hamlet area.
(2)
Each building shall be permitted one building sign.
(3)
Individual building signs shall not be larger than 20 square feet.
(4)
In the case of multitenant buildings, each tenant shall be permitted one building sign of no more than six square feet that shall be counted towards the overall 20 square feet of total signage permitted for the building.
(5)
Building signs shall be completely affixed to a building and shall not protrude from the building more than six inches. An exception may be granted by the Planning Board for a building sign that protrudes from a building by a supporting arm or other ornamental feature of no more than five feet so long as the sign is perpendicular to the building facade and sidewalk and does not obstruct views, cause a safety hazard, or negatively impact the character envisioned for the Elma Center hamlet area.
(6)
Any sign that protrudes over a sidewalk shall have a minimum clearance of 10 feet between the sidewalk and lowest part of the sign.
(7)
Freestanding signs are not permitted.
(8)
The use of digital signage or flashing signs is not permitted.
(9)
Overall signage may not be lit from internal lights, only the use of individually internally lit characters on a sign, backlit signage, or directional lighting shall be used to light signage. The use of flashing or neon lights is not permitted.
(10)
The appearance and placement of signage shall be subject to Planning Board discretion as part of the site plan review process.
H.
Access management.
(1)
The objective of access management is to reduce the number of conflict points and to ensure pedestrian friendliness and safety.
(2)
The number of curb cuts and width of access drives for parking and/or loading areas shall be the minimum possible, as determined by the Planning Board, to maintain a pedestrian-friendly streetscape.
I.
Other.
(1)
The use of decorative lighting structures is encouraged to comply with the historic, pedestrian-friendly character envisioned for the hamlet.
(2)
The maximum height of any lighting structures shall be 16 feet.
(3)
Fencing placed in the front yard shall be no higher than three feet and shall consist of wood or faux wood picket or ornamental iron construction. A mix of stone, brick, or other masonry wall and fencing may be permitted. The use of stockade, metal, woven wire, or barbed wire fences is not permitted in the front yard.
(4)
Outdoor seating. Eating and drinking establishments located in the Elma Center Overlay may conduct their business along the sidewalk or within a public right-of-way, provided:
(a)
The storage of goods, whether temporary or permanent, shall not be permitted outside of the building and/or structure.
(b)
The maximum outdoor seating area shall be no larger than 100 square feet and shall not extend further than 10 feet from the building in which the business is located.
(c)
At least five feet of the sidewalk shall remain free of such eating area and associated structures to allow for the safe and efficient movement of pedestrians.
(d)
The outdoor seating area shall be a temporary area, and shall not contain any permanent buildings and/or structures.