Elma City Zoning Code
ARTICLE XVI
Multiple Dwellings
§ 144-140 Purpose.
The purpose of this article shall be to regulate the construction or conversion of existing structures to multiple dwellings to ensure that the health, safety and welfare of the citizens of the Town of Elma shall be protected and promoted in the general area of controlled growth, planning and in accordance with the intent of the Comprehensive Planning of the Town of Elma, New York, and in order to maintain the rural atmosphere and character of the Town. These regulations supplement the requirements of the zoning overlays which allow multiple dwellings.
§ 144-141 Special procedure for multiple dwellings.
A.
Any owner of property wishing to construct or convert to multiple dwellings shall apply to the Building Inspector and ultimately the Erie County Health Department, and/or for any and all necessary local, county, state and federal permits. The Building Inspector shall first refer the matter to the Town Board for a preliminary business use permit review and shall notify, in writing, all landowners contiguous to the subject property of the application. In addition, the Building Inspector shall be the person designated to collect all such plans, memoranda, undertakings and any other data or documents necessary for the granting of approval or disapproval of a project. Upon receipt of the documentation associated with the business use permit application, the Building Inspector shall transmit all materials to the Town Board. After review of the project and with input received from Town Departments and the public at public meeting(s), the Town Board shall decide whether the project meets the intent of the Zoning Ordinance and specifically the objectives of the applicable overlay and Article XVI (Multiple Dwellings). If the Town Board determines that the project appears to meet the Zoning Ordinance, the applicable overlay and Article XVI, for potential issuance of the preliminary business use permit, the project will be referred to the Planning Board for their review and recommendation.
(1)
If the applicant chooses to proceed with the project, he/she shall make formal application to the Town for the appropriate other approvals; subdivision, site plan, etc. The Planning Board shall receive these plans and review them in accordance with appropriate Town codes and requirements. The Planning Board can also receive input from the Highway Department, Water Department, Building Inspector, the applicable fire company, school district, law enforcement agency, Town Engineer, Sewer Superintendent (if applicable), and the comments of the neighboring landowners if any. Upon completion of its preliminary review, the Planning Board shall transmit the package to the Town Board along with its comments and any recommendation for approval, modification or rejection for the Town Board's approval, modification or rejection of the project. Upon receipt of the Planning Board's recommendation, the Town Board shall officially begin the SEQR process (coordinated review, if necessary) and any required county referral. The Town Board will also set and hold a public hearing on the proposed project. The Town Board, after completing the above-required SEQR process, shall either approve the preliminary business use permit for the multiple-dwellings project proposed, make modifications which will require the package to be returned to the Planning Board for further review and retransmittal to the Town Board, or reject the multiple-dwellings project proposed. In the event that the Town Board or the Planning Board elects or recommends rejection of the construction and/or conversion of said project in its entirety, then the reasons for the rejection shall be stated.
(2)
Once the Town Board completes the SEQR process and if the preliminary business use permit is granted, the project can return to the Planning Board to finalize other required approvals; site plan, subdivision, etc.
(3)
After the project is completed, but prior to a final certificate of occupancy being issued, the Town Board will review the completed project for conformance with the project's approvals, and if found to meet all requirements, issue a final business use permit.
B.
Standards. After receipt of the multiple-dwelling application, both the Planning Board and the Town Board, in making their recommendation and/or approval, disapproval or modification, shall determine that:
(1)
The use will not prevent or substantially impair either the reasonable and orderly use or the reasonable and orderly development of other properties in the neighborhood.
(2)
The hazards or disadvantages to the neighborhood from the location of such use at the property are outweighed by the advantage to be gained either by the neighborhood or the Town.
(3)
The health, safety, welfare, comfort, convenience and order of the Town will not be adversely affected by the authorized use.
(4)
Such use will be in harmony with and promote the general purposes and intent of this chapter, including the character of the neighborhood where the multiple dwelling is to be located.
C.
Compliance required. The business use permit shall be deemed abandoned in the event that the use permitted thereby is discontinued for a period of six months or more. The preliminary business use permit shall also be deemed discontinued if the construction of the premises permitted by the preliminary business use permit is not commenced within two years from the date of issuance thereof or if construction or alteration of the premises as authorized under this article is not completed within a period of two years from the issuance of the building permit. An extension of time may be granted by the Town Board upon good reason.
§ 144-142 Guidelines to be considered.
In determining whether or not to approve or recommend the approval or disapproval of a proposed multiple-dwellings project or development, the Planning Board and the Town Board shall take into consideration the following factors and/or guidelines:
A.
The entire property proposed for the multiple-dwellings project shall be included in one drainage district.
B.
Individual floor space size. Minimum habitable floor area per dwelling unit for a single-story dwelling unit shall be 650 square feet, and for a two-story dwelling unit, the first-floor minimum habitable floor area shall be 500 square feet with a combined habitable floor area of 800 square feet. No part of the habitable floor area shall be below grade level.
C.
Recreation and green space. The multiple-dwellings project must reserve adequate green space within the project. There shall be provided on the site of each multiple-dwellings development an area or areas devoted to the joint or common recreational use by the residents thereof. Such recreational space shall consist of not less than 500 square feet of space per dwelling unit. Each such recreational space shall be developed for passive and active purposes and shall include facilities normally attendant thereto. Where appropriate, open space shall be located on the property.
D.
The water supply shall be of a type and in a location in compliance with the standards of the Elma Water Department and shall be approved by the Water Superintendent.[1] All water systems will be constructed with the intent that the system shall be taken over by the Town of Elma. Such takeover by the Town, however, shall not be without the recommendation of the Town Water Superintendent that the system is operating properly and meets all current local, state and federal standards.
E.
Adequate provisions must be made for the collection and disposal of stormwater runoff (in accordance with New York State and Town of Elma requirements) from the site and for disposal of refuse or other waste whether liquid, solid, gaseous or other character.[2]
F.
Sewers. Any plans for sewer or sewerage systems must be recommended by the Town Engineer prior to approval of the project. In addition to being approved by the Erie County Department of Health, all sewers, sewer systems and sewer plants will be constructed with the intent that the system shall be taken over by the Town of Elma. Such takeover by the Town, however, shall not be without the recommendation of the Town Engineer that the system is operating properly and meets all current local, state and federal standards. Any sewage treatment plants or facilities must be totally enclosed in a structure.
G.
Roads. To provide adequate access, all roads shall:
(1)
Have a right-of-way width of no less than 60 feet.
(2)
Have a paved road width of no less than 30 feet.
(3)
Standards. All roads shall be built to Town road standards regardless of whether or not it is to be accepted as a public road. A recommendation by the Highway Superintendent and appropriate fire company shall be required prior to the approval of any project.
(a)
Adequate provisions must be made for emergency conditions.
(b)
If the planned road is to be a dead end, then a turnaround adequate for fire, police, ambulance and plow service shall be constructed.
(c)
All proposed curb cuts must be approved by the Highway Superintendent so as to minimize the number necessary into existing streets or roads.
H.
Parking requirements.
(1)
A minimum of two paved parking spaces shall be provided for each dwelling unit, one of which shall be completely enclosed and covered.
(2)
There must be included in the project the dedication of reserved parking spaces for guests of the residents of the multiple-dwellings project in addition to parking facilities for the residents. There must be at least one additional parking spot for every two bedrooms or any fraction above two bedrooms. Appropriate screening shall be provided so as to prevent glare from headlights.
(3)
The parking spaces, including the guest parking, shall be no more than 150 feet from the door of the multiple-dwelling unit it is intended to serve.
(4)
There must be adequate off-street parking as required by the provisions of this chapter, and the layout of the spaces and driveways must be convenient and conducive to safe operation.
I.
Access facilities are adequate for the estimated traffic so as to assure the public safety in relation to the general character of the neighborhood and other existing or permitted uses within it and so as to avoid congestion. Vehicular entrances and exits shall be clearly visible from the street and not be within 75 feet of the intersection of existing street lines at a street intersection except under unusual circumstances.
J.
Adequate buffer yards, landscaping, walls, fences and screening are provided where necessary to protect adjacent properties and land uses. Debris collection areas shall be fenced or otherwise adequately enclosed to minimize disturbance, unsightliness and potential health concerns. Depending upon the location and nature of the multiple-dwellings project, it may be necessary, desirable or required that screening and/or berms or other buffers or screens be created or developed so as to retain the quiet atmosphere of the Town.
K.
Existing municipal services and facilities are adequate to provide for the needs of the proposed use.
L.
Utility service. All electrical and telephone lines in any multiple-dwellings development shall be placed underground, and all units must be provided with separate utilities or independently serviced by separate heating, water, sewer, electricity, gas and/or other facility or utility services where the same are provided, unless a hardship or other special circumstances are demonstrated, at which point the Town Board, after review, may waive such requirement.
M.
The proposed use recognizes and provides for further special conditions and safeguards required for particular uses as may be determined by the Town Board and/or Planning Board.
N.
Converted multiple-dwellings. The standards for converted multiple-dwellings shall be the same as for new construction. However, the Town Board may approve a project for said conversion when certain items required are considered to be grandfathered prior to the enactment of this article. Any and all exceptions and grandfathered requirements will be determined by the Town Board in its approval, modification or rejection of the project. When the property to be converted for multiple-dwelling use is historically, culturally or architecturally significant, the conversion should be guided by the Secretary of the Interior's Standards for Rehabilitation of Historic Properties.