Hamlin City Zoning Code
ARTICLE III
Commercial Districts
§ 520-17 Purpose.
The commercial districts established in this article are designed to provide a suitable character and stable environment for the provision of commercial goods and services within the community and to promote and protect the public health, safety and general welfare. The purpose of these districts includes, among others, the following specific goals:
A.
To provide sufficient space, in appropriate locations, for various types of commercial and miscellaneous service activities, in order to meet the consumer needs of the Town of Hamlin's present and future populations.
B.
To provide sufficient space, in appropriate locations in proximity to residential areas, for local or neighborhood retail development catering to the regular shopping needs of the occupants of nearby residences.
C.
To encourage large-scale residential developments to contain convenience-type markets, multipurpose retail and personal service shops when not available in the immediate area.
D.
To provide sufficient space, in appropriate locations throughout the Town, to satisfy the needs of larger-scale retail developments, including the need for off-street parking spaces in areas to which a large proportion of shoppers come by automobile, and the need for landscaping and buffering of commercial areas; and to encourage the natural tendency of such retail developments to concentrate in certain areas, to the mutual advantage of both consumers and merchants.
E.
To protect retail development and nearby residences against fire, explosions, toxic and noxious matter or other safety and environmental hazards, offensive noise, vibration, smoke, odors, heat, humidity, glare and other objectionable influences.
F.
To protect both local retail development and nearby residences against congestion, particularly in areas where the established pattern is predominantly residential but may include local retail uses, by regulating the intensity of such development, restricting the types of establishments which generate heavy traffic to locations along major Town streets or highways, and by providing for off-street parking and loading facilities.
G.
To provide for access of light and air to windows, to provide for privacy as much as possible and to provide for adequate fire protection by controlling the spacing, location and heights of buildings and other structures, and to provide for adequate access to sunlight and to wind for solar energy and wind-powered devices or structures.
H.
To discourage strip commercial development along major Town roads and in rural areas.
I.
To provide for the maintenance of the general aesthetic character and integrity of commercial areas by limiting construction, development and certain types of activities in required front, side and rear yards.
J.
To provide for the proper review and consideration by the Town Planning Board and Town Board of proposed developments in certain areas of the Town and for certain types of uses.
K.
To provide for the ordered, economic growth and development of the Town through the establishment of viable commercial activities and uses that will contribute to employment opportunities within the Town and help protect the Town's tax revenue base.
§ 520-18 C-NB District (Commercial/Neighborhood Business).
A.
Permitted uses.
(2)
Principal uses permitted subject to site plan approval by the Planning Board.
(a)
Public school, public college, university or similar public educational uses accredited by the New York State Department of Education.
(b)
Municipally owned and operated buildings or structures and other strictly governmental uses or activities.
(c)
Churches or similar places of worship or religious institutions.
(d)
Business and professional offices, including but not limited to medical and dental offices and clinics, offices for attorneys, architects, engineers and accountants, real estate and insurance offices, all excluding any overnight occupancy or warehousing areas.
(e)
Employment agencies.
(f)
Banks and drive-up teller windows or islands.
(g)
Artists or performing arts studios; photography studios.
(h)
Dressmaking, millinery shops, tailor shops or shoe repair shops.
(i)
Barbershops, beauty shops or hair salons.
(j)
General neighborhood retail sales, including but not limited to such uses as drugstores and pharmacies, clothing and shoe stores, hardware stores and photographic supply stores.
(k)
Grocery stores, delicatessens or other convenience-type food stores, liquor stores, donut shops or bakeries.
(l)
Boutiques and specialty shops, bookstores, florists, card or gift shops, candy stores or secondhand clothing stores.
(m)
Neighborhood service-oriented uses, including but not limited to laundromats, dry-cleaning establishments or photographic services.
(n)
Private clubs or camps, private membership clubs, lodges or fraternal organizations, neighborhood or community centers, YMCA or YWCA or similar uses.
[Added 9-20-1994 by L.L. No. 3-1994[1]]
(o)
Private school, private college, university or similar private education uses accredited by the New York State Department of Education.
[Added 9-20-1994 by L.L. No. 3-1994]
(p)
Private nursery schools or day-care centers or similar private educational uses accredited by the New York State Department of Education.
[Added 9-20-1994 by L.L. No. 3-1994]
(q)
Licensed hospitals, rest homes or homes for the aged.
[Added 9-20-1994 by L.L. No. 3-1994; amended 2-10-1997 by L.L. No. 1-1997]
(r)
Public utility buildings or structures, including electrical substations.
[Added 9-20-1994 by L.L. No. 3-1994]
(s)
Mortuaries and funeral homes.
[Added 9-20-1994 by L.L. No. 3-1994]
(t)
Sit-down restaurants.
[Added 9-20-1994 by L.L. No. 3-1994]
(u)
Neighborhood shopping centers containing less than 50,000 square feet of gross floor area.
[Added 9-20-1994 by L.L. No. 3-1994]
(v)
Gasoline stations, including self-service gasoline stations, subject to the provisions of § 520-50 and car washes, muffler shops, transmission shops or other vehicle repair service facilities.
[Added 9-20-1994 by L.L. No. 3-1994]
(w)
Other uses not specifically listed above but deemed by the Planning Board to be similar in nature and compatible with the uses permitted in a C-NB District.[2]
[Added 9-20-1994 by L.L. No. 3-1994]
[2]
Editor's Note: Original § 125-25A(2)(x), In-law apartments, added 9-20-1994 by L.L. No. 3-1994, which immediately followed this subsection, was repealed 7-12-2010 by L.L. No. 1-2010.
(x)
High-tech/light manufacturing uses that are completely contained within a building and emitting no external noise, odor, vibration, smoke, dust, heat or glare that would impact adjacent uses; such use will not exceed 15,000 square feet.
[Added 2-10-1997 by L.L. No. 1-1997]
(2.1)
Modification of approved site plan because of change in use.
[Added 7-9-2018 by L.L. No. 4-2018]
(a)
Pursuant to the provisions regarding site plan approval process (see § 520-65J of this chapter), certain requirements for site plan approval may be waived if an applicant merely proposes to change a use permitted pursuant to a site plan previously approved by the Planning Board to another use which is also permitted subject to site plan approval in the C-NB District.
(4)
Accessory uses:
(c)
Radio, television, satellite dishes or citizens band antennas, subject to the restrictions in § 520-33.
(d)
Windmills, wind turbines, wind chargers or similar wind energy conversion systems (WECS), subject to the restrictions of § 520-35.
(e)
Small-scale solar energy systems subject to the specific provisions set forth in § 520-36 of this chapter.
[Amended 5-8-2017 by L.L. No. 3-2017]
(j)
Swimming pools if accessory to a single-family dwelling.
[Added 8-11-2008 by L.L. No. 5-2008]
B.
Dimensional requirements.
(2)
Minimum front, side and rear yard setbacks.
(a)
Minimum front setback: 70 feet.
(b)
Minimum side setback: 10 feet, except where a side lot line abuts a residential district, whereby no building shall be closer to such lot line than 25 feet or a distance equal to the height of the commercial building, whichever is greater.
(c)
Minimum rear setback: 30 feet, except where a rear lot line abuts a residential district, whereby no building shall be closer to such lot line than 30 feet or a distance equal to the height of the commercial building, whichever is greater.
(d)
Minimum side yard (not front yard) on corner lot: 30 feet.
(e)
With respect to any structure existing prior to September 1, 1991, the least distance from the front line of the lot to the front building line shall constitute the minimum front setback required for any modification, alteration or addition to said structure.
[Added 8-14-2000 by L.L. No. 3-2000]
(3)
(4)
Maximum lot coverage with impervious surface shall be 66%.
C.
Additional regulations and requirements.
(1)
Landscaping and buffering between principal uses and between commercial or residential districts which border each other shall be required in accordance with the provisions of § 520-45.
(4)
All principal uses permitted within a C-NB Commercial District shall be subject to the following restrictions and/or additional requirements:
(a)
No offensive odor, noise, vibration, smoke, dust, heat or glare that impacts neighboring property shall be produced on the premises at any time.
(b)
In order to maintain the neighborhood scale and orientation of principal uses permitted within the C-NB Commercial District, no such use shall exceed 15,000 square feet of gross ground floor building area without a special use permit approval by the Planning Board, with the exception of a neighborhood shopping center as permitted in Subsection A(2)(u) above.
(5)
All publicly accessible establishments will comply with regulations promulgated under Title III of the Americans with Disabilities Act of 1990, which is effective January 26, 1992.
(6)
Septic systems shall be subject to current Monroe County health regulations as outlined on the dimensional chart requirements.
[Added 9-20-1994 by L.L. No. 3-1994]
§ 520-19 C-GB District (Commercial/General Business).
A.
Permitted.
(2)
Principal uses permitted subject to site plan approval by the Planning Board:
[Amended 3-4-1992 by L.L. No. 2-1992]
(a)
Public school, public college, university or similar public educational uses accredited by the New York State Department of Education.
(b)
Municipally owned and operated buildings or structures and other strictly governmental uses or activities.
(c)
Business and professional offices, including but not limited to medical and dental offices and clinics, offices for attorneys, architects, engineers and accountants, and real estate and insurance offices, all excluding any overnight occupancy or warehousing areas.
(d)
Employment agencies.
(e)
Banks and drive-up teller windows or islands.
(f)
Artists, performing arts studios or photography studios.
(g)
Dressmaking, millinery shops, tailor shops or shoe repair shops.
(h)
Barbershops, beauty shops or hair salons.
(i)
General retail sales, including but not limited to department and discount stores, drugstores and pharmacies, clothing and shoe stores, hardware, garden and home supply stores, furniture and home appliance stores, or photographic supply stores.
(j)
Grocery stores, delicatessens, or other convenience-type food stores, liquor stores, donut shops or bakeries.
(k)
Boutiques and specialty shops, bookstores, florists, card or gift shops, candy stores or secondhand clothing stores.
(l)
Neighborhood service-oriented uses, including but not limited to laundromats, dry-cleaning establishments or photographic services.
(m)
Commercial schools such as barber, beauty, art or dancing schools, driver education schools and similar uses.
(n)
Private clubs or camps, private membership clubs, lodges or fraternal organizations, neighborhood or community centers, YMCA or YWCA or similar uses.
[Added 9-20-1994 by L.L. No. 3-1994[1]]
(o)
Private school, private college, university or similar private educational uses accredited by the New York State Department of Education.
[Added 9-20-1994 by L.L. No. 3-1994]
(p)
Private nursery schools or day-care centers or similar private educational uses accredited by the New York State Department of Education.
[Added 9-20-1994 by L.L. No. 3-1994]
(q)
Licensed hospitals, rest homes or homes for the aged.
[Added 9-20-1994 by L.L. No. 3-1994; amended 2-10-1997 by L.L. No. 1-1997]
(r)
Commercial greenhouses or plant nurseries or similar commercial agricultural uses involving retail sales.
[Added 9-20-1994 by L.L. No. 3-1994]
(s)
Public utility buildings or structures, including electrical substations.
[Added 9-20-1994 by L.L. No. 3-1994]
(t)
Mortuaries and funeral homes.
[Added 9-20-1994 by L.L. No. 3-1994]
(u)
Sit-down restaurants, fast-food service restaurants, bars, taverns or other eating or drinking establishments.
[Added 9-20-1994 by L.L. No. 3-1994]
(v)
Gasoline stations, including self-service gasoline stations, subject to the provisions of § 520-50, and car washes, muffler shops, transmission shops or other vehicle repair services or facilities.
[Added 9-20-1994 by L.L. No. 3-1994]
(w)
Shopping centers and malls.
[Added 9-20-1994 by L.L. No. 3-1994]
(x)
Amusement, entertainment or recreation centers or facilities, including but not limited to archery ranges, amusement parks, commercial beach house, ice-skating or roller skating rinks, movie theaters and drive-ins, miniature golf courses and practice driving ranges, golf courses, tennis or racquetball clubs, health or fitness clubs, bowling alleys, pool halls and video game arcades.
[Added 9-20-1994 by L.L. No. 3-1994]
(y)
Animal hospitals.
[Added 9-20-1994 by L.L. No. 3-1994]
(z)
Motels and hotels.
[Added 9-20-1994 by L.L. No. 3-1994]
(aa)
Rentals of trucks, trailers or other vehicles.
[Added 9-20-1994 by L.L. No. 3-1994]
(bb)
Public parking garages or commercial parking areas.
[Added 9-20-1994 by L.L. No. 3-1994]
(cc)
Lumberyard or building materials yard, contractor's equipment storage yard or similar use.
[Added 9-20-1994 by L.L. No. 3-1994]
(dd)
Warehouse or storage buildings, mini-warehouses or similar uses.
[Added 9-20-1994 by L.L. No. 3-1994]
(ff)
Other uses not specifically listed above but deemed by the Planning Board to be similar in nature and compatible with the purposes of the C-GB District.[3]
[Added 9-20-1994 by L.L. No. 3-1994]
[3]
Editor's Note: Original § 125-26A(2)(ff), In-law apartments, added 9-20-1994 by L.L. No. 3-1994, which immediately followed this subsection, was repealed 7-12-2010 by L.L. No. 1-2010. Original § 125-26A(2)(gg), Bed-and-breakfast, added 9-20-1994 by L.L. No. 3-1994, was repealed 2-11-2008 by L.L. No. 2-2008.
(gg)
High-tech/light manufacturing uses that are completely contained within a building and emitting no external noise, odor, vibration, smoke, dust, heat or glare that would impact adjacent uses.
[Added 2-10-1997 by L.L. No. 1-1997]
(2.1)
Modification of approved site plan because of change in use.
[Added 7-9-2018 by L.L. No. 4-2018]
(a)
Pursuant to the provisions regarding site plan approval process (see § 520-65J of this Chapter), certain requirements for site plan approval may be waived if an applicant merely proposes to change a use permitted pursuant to a site plan previously approved by the Planning Board to another use which is also permitted subject to site plan approval in the C-GB District.
(3)
(4)
Accessory uses:
(c)
Radio, television, satellite dish or citizens band antennas, subject to the restrictions in § 520-33.
(d)
Windmills, wind turbines, wind chargers or similar wind energy conversion systems (WECS), subject to the restrictions of § 520-35.
(e)
Small-scale solar energy systems subject to the specific provisions set forth in § 520-36 of this chapter.
[Amended 5-8-2017 by L.L. No. 3-2017]
(j)
Swimming pools if accessory to a single-family dwelling.
[Added 8-11-2008 by L.L. No. 5-2008]
B.
Dimensional requirements.
(2)
Minimum front, side and rear yard setbacks.
(a)
Minimum front setback: 70 feet.
(b)
Minimum side setback: 10 feet, except where a side lot line abuts a residential district, whereby no building shall be closer to such lot line than 25 feet or a distance equal to the height of the commercial building, whichever is greater.
(c)
Minimum rear setback: 30 feet, except where a rear lot line abuts a residential district, whereby no building shall be closer to such lot line than 30 feet or a distance equal to the height of the commercial building, whichever is greater.
(d)
Minimum side yard (not front yard) on corner lot: 30 feet.
(e)
With respect to any structure existing prior to September 1, 1991, the least distance from the front line of the lot to the front building line shall constitute the minimum front setback required for any modification, alteration or addition to said structure.
[Added 8-14-2000 by L.L. No. 3-2000]
(3)
(4)
Maximum lot coverage with impervious surface shall be 75%.
C.
Additional regulations and requirements.
(1)
Landscaping and buffering between principal uses and between commercial and residential districts which border each other shall be required in accordance with the provisions of § 520-45.
(3)
All principal uses permitted within a C-GB Commercial District shall be subject to the following restrictions and/or additional requirements.
(a)
Any of the uses permitted in this section that require the use of an area other than within an enclosed building for their best utilization may be conducted in whole or in part outside of such building, subject to special use permit approval by the Planning Board.
(b)
No offensive odor, noise, vibration, smoke, dust, heat or glare that impacts neighboring property shall be produced on the premises at any time.[7]
[7]
Editor's Note: Former Subsection C(3)(c), which immediately followed this subsection and dealt with service activities which generate objectionable noise, was repealed 5-13-1996 by L.L. No. 4-1996.
(4)
All publicly accessible establishments will comply with regulations promulgated under Title III of the Americans with Disabilities Act of 1990, which is effective January 26, 1992.