Newstead City Zoning Code
ARTICLE III
District Regulations
§ 450-15 R-A Rural-Agricultural District.
[Amended 2-11-1991 by L.L. No. 1-1991; 7-8-1996 by L.L. No. 3-1996; 12-13-1999 by L.L. No. 4-1999; 12-9-2002 by L.L. No. 5-2002; 12-29-2015 by L.L. No. 7-2015; 4-24-2017 by L.L. No. 2-2017; 5-14-2018 by L.L. No. 2-2018; 10-12-2021 by L.L. No. 9-2021; 5-13-2024 by L.L. No. 1-2024]
The R-A Rural-Agricultural District is intended to preserve and protect agricultural areas and to provide for limited rural residential development, together with other nonintensive compatible activities.
A.
Permitted principal uses in the R-A District are as follows:
(1)
General agricultural land uses, buildings and activities, such as the growing of field, truck and tree crops, dairying, livestock raising, poultry farming, fur farming and hog raising, subject to the following:
(a)
With the exception of general pasture, buildings, structures and fences enclosing any pen, corral, track or other such enclosure within which livestock are kept may not be located any closer than 100 feet to any existing neighboring dwelling.
(b)
Minimum land area for one animal unit (as defined in the New York State Agricultural and Markets Law, with one animal unit equal to 1,000 pounds) on parcels under 10 acres shall be two acres in addition to one acre reserved for the dwelling. Each additional animal unit above the initial animal unit on the minimum two-acre parcel (three acres if there is a dwelling on the parcel) shall require one additional acre of land. This particular limitation on animal units does not apply to parcels of 10 acres or greater.
(c)
All manure or other odor- or dust-producing substances that are not disposed of in an agriculturally accepted manner must be removed from the premises on a regular basis.
(2)
Single- and two-family dwellings.
(4)
Experimental stations for agriculture or related uses.
(5)
Nurseries and greenhouses.
(6)
Riding academies and stables.
(7)
Private wildlife reservations or conservation projects, including the usual buildings therefor.
(10)
Veterinary hospitals.
(12)
Pole barns or other enclosed storage structures, for use as storage or in connection with an agricultural operation, but not for commercial nonagricultural businesses, are permitted provided the following provisions are met:
B.
Permitted accessory uses in the R-A District are as follows:
C.
Uses permitted upon issuance of a special permit in the R-A District are as follows:
F.
G.
Site plan review. All applications for building permits or special permits, except for one- and two-family dwellings on individual lots and their permitted accessory uses or any addition to a single-family dwelling or general farming use, shall be accompanied by an approved site plan, as set forth under Article XII.
§ 450-16 R-1 Residential District.
The R-1 Residential District is intended to provide areas within the Town for low-density single-family detached residential development where each dwelling is located on an individual lot of at least 25,000 square feet. The maximum density will be roughly two dwelling units per gross acre.
B.
Permitted accessory uses in the R-1 District are as follows:
(1)
Private garages.
(2)
Private swimming pools.
(3)
Private greenhouses, provided that such building shall be located at least 20 feet from any lot line and shall not exceed 12 feet in height.
(4)
Outside storage of a travel trailer, camper, motor home, utility trailer or boat owned by the occupant of the premises for his personal use.
(5)
Outside storage of a single commercial vehicle not exceeding a manufacturer's gross vehicle weight of 10,000 pounds, owned by the occupant of the premises for his personal use.
(6)
Other customary uses normally associated with the principal use.
C.
Uses permitted upon issuance of a special permit in the R-1 District are as follows:
§ 450-17 R-2 Residential District.
The R-2 Residential District is intended to provide area within the Town for two-family residential development where each two-family structure is located on an individual lot of at least 40,000 square feet. The maximum density will be roughly two dwelling units per gross acre.
A.
Permitted principal uses in the R-2 District are as follows:
B.
Permitted accessory uses in the R-2 District are as follows:
(1)
Private garages.
(2)
Private swimming pools.
(3)
Private greenhouses, provided that such building shall be located at least 20 feet from any lot line and shall not exceed 12 feet in height.
(4)
Outside storage of a travel trailer, camper, motor home, utility trailer or boat owned by the occupant of the premises for his personal use.
(5)
Outside storage of a single commercial vehicle not exceeding a manufacturer's gross vehicle weight of 10,000 pounds, owned by the occupant of the premises for his personal use.
(6)
Other customary uses normally associated with the principal use.
(7)
Home occupations.
C.
Uses permitted upon issuance of a special permit in the R-2 District are as follows:
§ 450-18 R-3 Residential District.
The R-3 Residential District is intended to provide areas within the Town for medium-density multifamily development of attached dwelling units. The maximum density will be determined by soil conditions but shall not exceed approximately four dwelling units per acre.
A.
Permitted principal uses in the R-3 District are as follows:
B.
Permitted accessory uses in the R-3 District are as follows:
(1)
Private garages.
(2)
Private swimming pools.
(3)
Private greenhouses, provided that such building shall be located at least 20 feet from any lot line and shall not exceed 12 feet in height.
(4)
Outside storage of a travel trailer, camper, motor home, utility trailer or boat owned by the occupant of the premises for his personal use.
(5)
Outside storage of a single commercial vehicle not exceeding a manufacturer's gross vehicle weight of 10,000 pounds, owned by the occupant of the premises for his personal use.
(6)
Other customary uses normally associated with the principal use.
(7)
Home occupations.
C.
Uses permitted upon issuance of a special permit in the R-3 District are as follows:
D.
Minimum lot sizes in the R-3 District shall be as follows:
(2)
Multiple dwellings.
(a)
Area: 11,000 square feet per dwelling unit for multifamily buildings containing three or more dwelling units.
(b)
Width: 100 feet for the first dwelling unit, plus 20 feet for each additional unit, provided that all area requirements are met. Widths in excess of 200 feet shall not be required, provided that all yard requirements are met.
F.
Buildings and structures in the R-3 District shall be subject to the following restrictions:
(1)
Principal buildings and structures.
(b)
(c)
Minimum distance between multiple-family dwellings: 30 feet.
(d)
Building grouping and access: multiple dwellings within a group development may be arranged in groups or clusters. Each group or cluster shall abut a street; however, each multiple dwelling within such group or cluster need not so abut, provided that:
[1]
Each dwelling unit is accessible to service and emergency vehicles by means of a private drive.
[2]
The standards of design and construction for private drives shall meet applicable Town specifications for public streets unless modified by the approved site plan.
[3]
The location, design and construction of all utilities meet all applicable specifications and are adequate to serve the needs of the group or cluster.
[4]
Provisions are made for the preservation and maintenance of all private drives, pedestrianways and common open space.
(3)
Maximum lot coverage by all buildings: 40% of the lot area.
G.
Buffers and landscaping. A buffer of not less than 20 feet in width shall be reserved where a multiple-family group development abuts any R-1 or R-2 District. Such buffer zone shall be landscaped and maintained by the owner.
§ 450-19 R-C Restricted Commercial District.
The R-C Restricted Commercial District is to provide areas within the Town for limited commercial use which are nonretail in nature and compatible with residential development.
A.
Permitted principal uses in the R-C District are as follows:
(1)
Single-family dwellings.
(3)
Two-family dwellings.
(4)
Multiple-family dwellings.
(5)
Telephone exchanges.
(6)
Real estate or insurance offices.
(7)
Mortuaries.
(8)
Art, dance, music or photographic studios.
(9)
Indoor recreation uses: bowling alleys, health spas and tennis courts.
(10)
Opticians' or optometrists' offices.
(11)
Meeting rooms for private clubs, lodges or fraternal organizations.
(12)
Medical offices or clinics.
(13)
Nursing or convalescent homes.
(14)
Other administrative, professional or executive offices, but not including the selling, manufacturing or storing of merchandise.
B.
Permitted accessory uses in the R-C District are as follows:
(1)
Private garages.
(2)
Private swimming pools.
(3)
Private greenhouses, provided that such building shall be located at least 20 feet from any lot line and shall not exceed 12 feet in height.
(4)
Outside storage of a travel trailer, camper, motor home, utility trailer or boat owned by the occupant of the premises for his personal use.
(5)
Outside storage of a single commercial vehicle not exceeding a manufacturer's gross vehicle weight of 10,000 pounds, owned by the occupant of the premises for his personal use.
(6)
Home occupations.
(7)
Restaurants, newsstands, or other incidental services in connection with a hospital, medical building, motel or nonprofit institution, but only when conducted (and entered) from within the building, and having no exterior display.
(8)
Other customary uses normally associated with the principal use.
D.
Minimum lot sizes in the R-C District shall be as follows:
(1)
Dwellings:
(c)
Multiple dwellings.
[1]
Area: 11,000 square feet per dwelling unit for multifamily buildings containing three or more dwelling units.
[2]
Width: 100 feet for the first dwelling unit, plus 20 feet for each additional unit, provided that all area requirements are met. Widths in excess of 200 feet shall not be required, provided that all yard requirements are met.
(2)
Other: as required to provide a site adequate for the principal and accessory buildings, all required off-street parking, loading and stacking, landscaping, yards and open spaces.
F.
Buildings and structures in the R-C District shall be subject to the following restrictions:
(1)
(3)
Lot coverage: as use, yard, parking and landscaping requirements permit.
G.
Buffers and landscaping. A buffer of not less than 20 feet in width shall be reserved where an R-C District abuts any R-1, R-2 or R-3 District. Such a buffer zone shall be landscaped and maintained by the owner.
§ 450-20 C-1 Commercial District.
[Amended 2-11-1991 by L.L. No. 1-1991; 7-8-1996 by L.L. No. 3-1996; 10-26-1998 by L.L. No. 1-1998; 11-16-2009 by L.L. No. 3-2009; 12-28-2009 by L.L. No. 6-2009]
The C-1 Commercial District is to provide areas within the Town for commercial use which serves community-wide needs for general goods and services and which is of a nature to be conducted within enclosed buildings.
A.
Permitted principal uses in the C-1 District are as follows:
(1)
Churches, public schools, parks and playgrounds.
(2)
Multiple-family dwellings.
(3)
Telephone exchanges.
(4)
Real estate or insurance offices.
(5)
Mortuaries and/or funeral homes.
(6)
Art, dance, music or photographic studios.
(7)
Indoor recreation uses: bowling alleys, health spas and tennis courts.
(8)
Opticians' or optometrists' offices.
(9)
Meeting rooms for private clubs, lodges or fraternal organizations.
(10)
Medical offices or clinics.
(11)
Nursing or convalescent homes.
(12)
Other administrative, professional or executive offices, but not including the selling, manufacturing or storing of merchandise.
(13)
The following uses, when conducted within a completely enclosed building:
(a)
Retail sales.
(b)
Shopping centers or plazas.
(c)
Personal service shops, e.g., barbershops, beauty salons or shoe repair.
(d)
Laundromats, dry-cleaning and laundry pickup stations.
(e)
Restaurants.
(f)
Hotels and motels.
(g)
Banks and drive-in banks.
(h)
Theaters and assembly halls.
(i)
Custom shops, including electrical, heating, plumbing or woodworking shops.
B.
Permitted accessory uses in the C-1 District are as follows:
(1)
Private garages.
(2)
Private swimming pools.
(3)
Private greenhouses, provided that such buildings shall be located at least 20 feet from any lot line and shall not exceed 12 feet in height.
(4)
Restaurants, newsstands, or other incidental services in connection with a hospital, medical building, motel or nonprofit institution, but only when conducted (and entered) from within the building, and having no exterior display.
(5)
Other customary uses normally associated with the principal use.
C.
Uses permitted upon issuance of a special permit in the C-1 District are as follows:
D.
Minimum lot sizes in the C-1 District shall be as follows:
(1)
Multiple dwellings.
(a)
Area: 11,000 square feet per dwelling unit for multifamily buildings containing three or more dwelling units.
(b)
Width: 100 feet for the first dwelling unit, plus 20 feet for each additional unit, provided that the area requirements are met. Widths in excess of 200 feet shall not be required, provided that all yard requirements are met.
(2)
Other: minimum frontages in the C-1 Zoning District shall be 100 feet, and minimum area requirements shall be 45,000 square feet, but each lot shall also be of sufficient size to provide a site adequate for the principal and accessory buildings, all required off-street parking, loading, stacking, landscaping, yards and open spaces.
[Amended 6-13-2011 by L.L. No. 3-2011]
E.
Minimum yards in C-1 District shall be as follows:
(2)
Other.
(a)
Front: 40 feet, except as provided under § 450-29A(2).
(b)
Side: none, except that:
[1]
Where a side yard is provided, it shall be not less than five feet.
[2]
Where a side yard abuts a lot in an R District, it shall be 30 feet.
[3]
Where a side yard is used for vehicular ingress and egress, its shall be 12 feet.
[4]
Where a side yard is used for both vehicular ingress and egress, it shall be 25 feet.
(c)
Rear: 10 feet except where abutting an R district, then 30 feet.
F.
G.
Buffers and landscaping. A buffer of not less than 20 feet in width shall be reserved where the C-1 District abuts any R District. Such a buffer zone shall be landscaped and maintained by the owner.
§ 450-21 C-2 Commercial District.
[Amended 2-11-1991 by L.L. No. 1-1991; 7-8-1996 by L.L. No. 3-1996; 4-24-1997 by L.L. No. 1-1997; 10-26-1998 by L.L. No. 1-1998; 12-13-1999 by L.L. No. 4-1999; 5-27-2003 by L.L. No. 2-2003; 11-24-2008 by L.L. No. 4-2008; 11-16-2009 by L.L. No. 3-2009; 12-28-2009 by L.L. No. 6-2009]
The C-2 Commercial District is to provide areas within the Town for commercial use which will include various commercial uses conducted out of doors, in addition to those of a C-1 nature.
A.
Permitted principal uses in the C-2 District are as follows:
(1)
Churches, public schools, parks and playgrounds.
(2)
Multiple-family dwellings.
(3)
Telephone exchanges.
(4)
Real estate or insurance offices.
(5)
Mortuaries and/or funeral homes.
(6)
Art, dance, music or photographic studios.
(7)
Indoor recreation uses: bowling alleys, health spas and tennis courts.
(8)
Opticians' or optometrists' offices.
(9)
Meeting rooms for private clubs, lodges or fraternal organizations.
(10)
Medical offices or clinics.
(11)
Nursing or convalescent homes.
(12)
Other administrative, professional or executive offices, but not including the selling, manufacturing or storing of merchandise.
(13)
Retail sales.
(14)
Shopping centers or plazas.
(15)
Personal service shops, e.g., barbershops, beauty salons or shoe repair.
(16)
Laundromats, dry-cleaning and laundry pickup stations.
(17)
Restaurants.
(18)
Hotels and motels.
(19)
Banks and drive-in banks.
(20)
Theaters and assembly halls.
(21)
Custom shops, including electrical, heating, plumbing or woodworking shops.
(22)
New motor vehicle sales and service.
(23)
Boat or marine sales and service.
(24)
Snowmobile and off-road vehicles sales and service.
(25)
Mobile homes, trailers and recreational vehicle sales and service.
(26)
Gasoline service stations, public garages and collision shops.
(27)
Auction barns and flea markets, exclusive of livestock.
(28)
Farm equipment sales and service.
(29)
Nurseries and greenhouses.
(30)
Laundries and dry-cleaning plants.
(31)
Food and beverage distributors.
(32)
Printing, publishing and engraving establishments.
(34)
Self-storage units.
(35)
Warehouse distribution businesses provided that they are conducted within a completely enclosed building.
(36)
Mixed use: the presence of residential and nonresidential uses within the same complex or same building.
[Added 5-14-2018 by L.L. No. 2-2018; amended 5-24-2021 by L.L. No. 3-2021]
B.
Permitted accessory uses in the C-2 District are as follows:
(1)
Private garages.
(2)
Private swimming pools.
(3)
Private greenhouses, provided that such buildings shall be located at least 20 feet from any lot line and shall not exceed 12 feet in height.
(4)
Restaurants, newsstands, or other incidental services in connection with a hospital, medical building, motel or nonprofit institution, but only when conducted (and entered) from within the building, and having no exterior display.
(5)
Other customary uses normally associated with the principal use.
C.
Uses permitted upon issuance of a special permit in the C-2 District are as follows:
(1)
Golf courses.
(2)
Hospitals and sanatoriums.
(3)
Private schools.
(4)
Small-animal hospitals.
(5)
Golf driving ranges.
(6)
Drive-in theaters.
(7)
Ice- and roller- skating rinks.
(8)
Car washes.
(9)
Research and testing facilities, including limited accessory production operations.
(10)
Fire stations.
(11)
Used motor vehicle sales. (See § 450-26F(4) for minimum frontage of 200 feet in the Route 5 Zoning Overlay District.)
(12)
Towers.
(13)
Bed-and-breakfast.
(14)
Kennels.
[Added 4-11-2011 by L.L. No. 1-2011]
D.
Minimum lot sizes in the C-2 District shall be as follows:
(1)
Multiple dwellings.
(a)
Area: 11,000 square feet per dwelling unit for multifamily buildings containing three or more dwelling units.
(b)
Width: 100 feet for the first dwelling unit, plus 20 feet for each additional unit, provided that the area requirements are met. Widths in excess of 200 feet shall not be required, provided that all yard requirements are met.
(2)
Other: Minimum frontages in the C-2 Zoning District shall be 150 feet, and minimum area requirements shall be 45,000 square feet, but each lot shall also be sufficient size to provide a site adequate for the principal and accessory buildings, septic systems as approved by the Erie County Health Department, if applicable, all required off-street parking, loading, stacking, landscaping, yards and open spaces.
[Amended 6-13-2011 by L.L. No. 3-2011; 5-14-2018 by L.L. No. 2-2018]
E.
Minimum yards in C-2 District shall be as follows:
(2)
Other.
(a)
For Town roads the front setback shall be a minimum of 50 feet from the paved portion of the road. To provide for future street widening and for future protection from increased traffic volumes, required front yards for all uses fronting on any state or county highway shall be a minimum of 65 feet as measured from the edge of the paved portion of the road.
[Amended 5-14-2018 by L.L. No. 2-2018]
(b)
Side: 30 feet for each side.
[Amended 5-14-2018 by L.L. No. 2-2018]
(c)
Rear: 10 feet except where abutting an R district, then 30 feet.
F.
G.
Buffers and landscaping. A buffer of not less than 20 feet in width shall be reserved where the C-2 District abuts any R District. Such a buffer zone shall be landscaped and maintained by the owner.
§ 450-22 I-1 Industrial District.
The I-1 Industrial District is intended to provide areas within the Town for a planned industrial district, designed to ensure compatibility between industrial operations and the existing character and quality of the community. More specifically, the planning of such elements as streets, parking, architectural features and landscaping shall take into consideration aesthetic appeal and the promotion of an openness and parklike character. Activities shall conform to I-1 industrial performance standards.[1]
A.
Permitted principal uses in the I-1 District are as follows:
(2)
Telephone exchanges.
(3)
Real estate or insurance offices.
(4)
Mortuaries.
(5)
Art, dance, music or photographic studios.
(6)
Indoor recreation uses: bowling alleys, health spas and tennis courts.
(7)
Opticians' or optometrists' offices.
(8)
Meeting rooms for private clubs, lodges or fraternal organizations.
(9)
Medical offices or clinics.
(10)
Nursing or convalescent homes.
(11)
Other administrative, professional or executive offices, but not including the selling, manufacturing or storing of merchandise.
(12)
Retail sales.
(13)
Shopping centers or plazas.
(14)
Personal service shops, e.g., barbershops, beauty salons or shoe repair.
(15)
Laundromats, dry-cleaning and laundry pickup stations.
(16)
Restaurants.
(17)
Hotels and motels.
(18)
Banks and drive-in banks.
(19)
Theaters and assembly halls.
(20)
Custom shops, including electrical, heating, plumbing or woodworking shops.
(21)
New and used motor vehicle sales and service.
(22)
Boat or marine sales and service.
(23)
Mobile homes, trailers and recreational vehicles sales and service.
(24)
Gasoline service stations, public garages and collision shops.
(25)
Auction barns and flea markets, exclusive of livestock.
(26)
Farm equipment sales and service.
(27)
Nurseries and greenhouses.
(28)
Laundries and dry-cleaning plants.
(29)
Food and beverage distributors.
(30)
Printing, publishing and engraving establishments.
(32)
Enlarging or altering existing dwellings, provided that the number of dwelling units shall not be increased.
(33)
Truck terminals.
(34)
Airports.
(35)
Light industrial.
[Amended 10-26-1998 by L.L. No. 1-1998]
(36)
Self-storage units.
[Added 11-24-2008 by L.L. No. 4-2008]
B.
Permitted accessory uses in the I-1 District are as follows:
(1)
Private garages.
(2)
Private swimming pools.
(3)
Private greenhouses, provided that such buildings shall be located at least 20 feet from any lot line and shall not exceed 12 feet in height.
(4)
Outside storage of a travel trailer, camper, motor home, utility trailer or boat owned by the occupant of the premises for his personal use.
(5)
Outside storage of a single commercial vehicle not exceeding a manufacturer's gross vehicle weight of 10,000 pounds, owned by the occupant of the premises for his personal use.
(6)
Home occupations.
(7)
Restaurants, newsstands, or other incidental services in connection with a hospital, medical building, motel or nonprofit institution, but only when conducted (and entered) from within the building, and having no exterior display.
(8)
Quarters for caretakers or watchmen.
(9)
Other customary uses normally associated with the principal uses.
D.
Minimum lot sizes in the I-1 District shall be as follows:
[Amended 6-13-2011 by L.L. No. 3-2011]
(1)
Minimum frontages in the I-1 Zoning District shall be 100 feet, and minimum area requirements shall be 45,000 square feet, but each lot shall also be of sufficient size to provide a site adequate for the principal and accessory buildings, all required off-street parking, loading, stacking, landscaping, yards and open spaces.
E.
Minimum yards in the I-1 District shall be as follows:
(1)
Front: 50 feet, except as provided under § 450-29A(2).
(2)
Side and rear: 10 feet each, except where abutting an R District, then 50 feet.
F.
Buildings and structures in the I-1 District shall be subject to the following restrictions:
G.
Buffers and landscaping.
(1)
A buffer of not less than 50 feet in width shall reserved where the I-1 District abuts an R District. Such a buffer zone shall be landscaped and maintained by the owner.
[Amended 10-26-1998 by L.L. No. 1-1998]
(2)
All required front and side yards shall be landscaped with a combination of trees, ground cover and shrubbery to provide effective screening of the premises from adjoining premises and/or to present an attractive appearance from the street.
(3)
All open storage of equipment and materials, including machinery, unlicensed vehicles, building materials, scrap, etc., shall be effectively screened by a wall, fence, planting or combinations of each, so that such storage will not be visible from a public way. (See § 450-39.)
(4)
All landscaping shall be maintained; all required landscaping as shown on the approved landscape plan shall be preserved.
H.
Site plan review. All applications for building permits or special permits, except for one- and two-family dwellings on individual lots and their permitted accessory uses, shall be accompanied by an approved site plan, as set forth under Article XII.
I.
All wiring, feed lines and energy sources shall be placed underground. The Town Board may waive this requirement at the request of the applicant in cases where the Board shall determine that installation of services will result in difficulty or hardship. In making such decision, the Board will consider unusual topography and/or other conditions which prevent this requirement from being practical.
J.
The location, size and construction of signs shall be in keeping with the character of the area.
§ 450-23 I-2 Industrial District.
The I-2 Industrial District is intended to provide areas within the Town for more extensive industrial use, within the confines of I-2 industrial performance standards.[1]
A.
Permitted principal uses in the I-2 District are as follows:
[Amended 7-8-1996 by L.L. No. 3-1996; 10-26-1998 by L.L. No. 1-1998]
(2)
Other business, servicing, manufacturing or processing of materials, goods or products not otherwise prohibited by law, when conducted in a completely enclosed building and when in conformance with I-2 performance standards, as set forth in Article XIII. Limited storage in conformance with the principal use may be permitted outdoors when effectively screened as outlined in Subsection G(2) below.[2]
[2]
Editor's Note: Former Subsection A(3), Junkyards, which immediately followed this subsection, was repealed 4-11-2011 by L.L. No. 1-2011.
B.
Permitted accessory uses in the I-2 District are as follows:
(1)
Private garages.
(2)
Private swimming pools.
(3)
Private greenhouses, provided that such building shall be located at least 20 feet from any lot line and shall not exceed 12 feet in height.
(4)
Outside storage of a travel trailer, camper, motor home, utility trailer or boat owned by the occupant of the premises for his personal use.
(5)
Outside storage of a single commercial vehicle not exceeding a manufacturer's gross vehicle weight of 10,000 pounds, owned by the occupant of the premises for his personal use.
(6)
Home occupations.
(7)
Restaurants, newsstands, or other incidental services in connection with a hospital, medical building, motel or nonprofit institution, but only when conducted (and entered) from within the building, and having no exterior display.
(8)
Quarters for caretakers or watchmen.
(9)
Other customary uses normally associated with the principal uses.
C.
Uses permitted upon issuance of a special permit in the I-2 District are as follows:
(1)
Dwellings.
(2)
Adult uses.
(3)
Sanitary demolition and construction debris or hazardous waste landfill, also in accordance with such local laws as may, from time to time, be adopted.
(4)
Towers.
[Added 10-26-1998 by L.L. No. 1-1998]
(5)
Fire stations.
[Added 7-8-1996 by L.L. No. 3-1996; amended 10-26-1998 by L.L. No. 1-1998]
(6)
Junkyards.
[Added 4-11-2011 by L.L. No. 1-2011]
D.
Minimum lot sizes in the I-2 District shall be as follows:
[Amended 6-13-2011 by L.L. No. 3-2011]
(1)
Minimum frontages in the I-2 Zoning District shall be 100 feet, and minimum area requirements shall be 45,000 square feet, but each lot shall also be of sufficient size to provide a site adequate for the principal and accessory buildings, all required off-street parking, loading, stacking, landscaping, yards and open spaces.
E.
Minimum yards in the I-2 District shall be as follows:
(1)
Front: 50 feet, except as provided under § 450-29A(2).
(2)
Side and rear: 10 feet each, except where abutting an R District, then 100 feet.
[Amended 12-13-1999 by L.L. No. 4-1999]
F.
Buildings and structures in the I-2 District shall be subject to the following restrictions:
§ 450-24 MHP Manufactured Home Park District.
[Added 11-12-1996 by L.L. No. 4-1996]
The Manufactured Home Park District is intended to provide areas within the Town for the placement of manufactured homes. The purpose of this provision is to allow for the orderly development of manufactured home parks (MHP), within designated areas of the Town, to provide for low- to middle-income housing within the Town of Newstead, while preserving the character of existing neighborhoods.
B.
Permitted accessory uses in the MHP District are as follows:
(1)
Accessory buildings, structures and equipment.
(2)
Office for manufactured home park operator.
(3)
Maintenance buildings and garage for manufactured home park operations.
(4)
Building housing laundry facilities, including coin-operated facilities, to provide laundry facilities for residents of the manufactured home park.
(5)
Private garages.
(6)
Private swimming pools.
(7)
Private greenhouses, provided that such building shall be located at least 20 feet from any lot line and shall not exceed 12 feet in height.
(8)
Outside storage of a travel trailer, camper, motor home, utility trailer or boat owned by the occupant of the premises for his personal use.
(9)
Outside storage of a single commercial vehicle not exceeding a manufacturer's gross vehicle weight of 10,000 pounds, owned by the occupant of the premises for his personal use.
(10)
Other customary uses normally associated with a single-family residence.
C.
Permitted accessory uses by special permit.
(1)
Permitted accessory uses in the MHP District by special permit are as follows:
(a)
Small retail convenience store located within the park and not facing on a public highway, designed primarily to serve the needs of residents of the manufactured home park and not the general public.
(b)
Restaurant and/or dining hall, newsstands or other incidental services in connection with the operation of the manufactured home park designed primarily to service the needs of residents of the manufactured home park.
(c)
Recreation center and/or meeting room designed to provide recreational facilities and meeting rooms for the residents of the manufactured home park.
(2)
With respect to all permitted accessory uses by special permit, the manufactured home park operator shall clearly establish that the facilities are designed primarily for the use of the residents of the manufactured home park. Facilities may be open to the general public, but more than 60% of the use of the facilities must be by residents of the manufactured home park.
(3)
Towers.
[Added 10-26-1998 by L.L. No. 1-1998]
D.
Manufactured homes shall only be permitted within the Town of Newstead, outside the Village of Akron, in the MHP District. Manufactured homes presently located within the Town of Newstead, at the time of the enactment of this Amendment to the Zoning Law, but located outside of the MHP District, shall be permitted to remain at that location for a period of 10 years following the date of the enactment of this amendment to the Zoning Law or until transfer of ownership whichever occurs first but must then be moved to an approved manufactured home site within the MHP District. The Town Board may, by resolution, permit the temporary placement of a manufactured home on a building site within the Town outside of the Village of Akron outside of an MHP District during the period of time required to rebuild an existing residential structure undergoing repairs and/or renovations, but such resolution shall not permit the placement for more than a six-month period. For purpose of this section, transfers shall include all transfers, including transfers by testate or intestate distribution. Notwithstanding anything to the contrary contained in this subsection if a manufactured home is located in a manufactured home park that was in existence prior to the enactment of this section, but not located in a Manufactured Home Park District, such manufactured home shall be allowed to remain at that location as long as it remains part of a manufactured home park.
E.
Standards for single-family, two-family and multiple-family dwellings in a Manufactured Home Park District. Standards for single-family, two-family and multiple-family dwellings, including standards for minimum lot sizes, minimum yards, buildings and structures, buffers and landscaping and site plan review shall be the same as for the R-C Restricted Commercial District.
F.
Standards for manufactured home park.
(1)
All new MHP(s) must be designed in accordance with the building code of the State of New York and in accordance with National Fire Protection Association, Inc., standards.
(2)
Existing MHP(s), designed and constructed prior to adoption of the present standards, shall be permitted to remain.
(3)
Any enlargement to an MHP must meet all current standards at the time of its enlargement.
(4)
If existing areas of a MHP are redesigned or more than 15% of the manufactured home sites are redesigned, the existing portion of the MHP must be modified to meet current standards.
G.
Procedures for approval of manufactured home park.
(1)
No MHP may be established without obtaining a permit from the Town of Newstead. A permit may only be issued upon application to the Building Department of the Town of Newstead, in the form prescribed by the Town of Newstead. All applications must be made in triplicate.
(a)
The application must be accompanied by a permit fee, in accordance with the fee schedules established by the Town Board, from time to time and kept on file in the office of the Town Code Enforcement Officer.
(b)
Long-form environmental assessment form must be included. The applicant may also enclose a proposed draft environmental impact statement, if the applicant has reason to believe its actions will exceed Type I thresholds and that preparation of an environmental impact statement will be required.
(c)
Three complete sets of plans prepared by a licensed land surveyor, drawn to scale, indicating proposed location of all infrastructure, utilities, MHP home sites, roads, waterlines, sewer lines, flood zones, grading, drainage, landscaping and fire hydrants, must be included. Plans must be dated and have North point included. Locations of all wetlands shall be clearly delineated.
(d)
Approval of the application by the district office of the New York State Health Department and/or Erie County Health Department must be included.
(2)
Upon receipt of the application, the Code Enforcement Officer and the Town Engineer will review the application for completeness. They shall also make an initial determination as whether the proposed action appears to exceed any Type I threshold under the State Environmental Quality Review Act (SEQRA). If incomplete, the application will be returned to the applicant.
(3)
Upon the determination of the Code Enforcement Officer and the Town Engineer that the application is complete, the application will be forwarded to the Planning Board of the Town of Newstead and to the Town Board. The Planning Board shall review plans in accordance with the provision of Article XII of the Zoning Law. The Planning Board shall, upon completion of its review, forward the application to the Town Board, with its recommendations.
(4)
Upon receipt of recommendation from Planning Board, Town Board shall review the application for sufficiency. If the application is deemed to be complete, the following shall then occur:
(a)
The Town Board shall determine whether a coordinated review is required and, if so, whether the Town Board should notify other agencies that the Town Board intends to act as lead agent under the State Environmental Quality Review Act (SEQRA). It shall determine whether the preparation of a draft environmental impact statement (DEIS) is required.
[1]
If the Town Board determines that the preparation of a DEIS is not required, the Town Board shall call a public hearing within 62 days after receipt of recommendation from Planning Board; or
[2]
If the Town Board determines that an environmental impact statement is required and a public hearing on the proposed DEIS is held, the public hearing on the MHP and the DEIS shall be held jointly within 62 days after the filing of the notice of completion of such DEIS, in accordance with SEQRA. If no public hearing is held on the DEIS, the public hearing on the MHP shall be held within 62 days of filing of the notice of completion.
(b)
Public hearing notice length. The hearing on the MHP shall be advertised at least once in the official newspaper of the Town, at least five days before such hearing, if no hearing is held on the DEIS, or 14 days before a hearing held jointly therewith. The Town Board may provide for further advertisement if it deems it appropriate. The hearing on the MHP shall be closed on motion of Town Board within 120 days after it has been opened.
(c)
Decision.
[1]
The Town Board shall approve, with or without modification, or disapprove the MHP as follows:
[a]
If preparation of DEIS was not required, within 62 days after the close of the hearing; or
[b]
If a DEIS is required and a public hearing held on the DEIS, the final environmental impact statement (FEIS) shall be filed within 45 days after the close of the hearing in accordance with SEQRA. If no public hearing is held on the DEIS, the FEIS shall be filed within 45 days after the close of the public hearing on the MHP. Within 30 days after filing of the FEIS, the Town Board shall make its finding of the FEIS and make its decision of the MHP.
[2]
A written decision shall be filed in the office of the Town Clerk within 10 days following the resolution of the Town Board approving or denying the MHP.
H.
Status of previously approved manufactured home parks and time limitations on manufactured home parks.
(1)
All previously approved site plans for manufactured home parks or mobile home parks under the prior Code provisions shall remain valid for a period of 120 days from the date hereof for purposes of obtaining a building permit; provided, however, that if such site plan approval was obtained more than one year prior to the enactment of this section, such site plan shall be subject to further review by the Planning Board and the Town Board, which Boards may require additional modifications, and such site plans must meet all current legal standards and requirements for manufactured home parks in existence at the time of such review.
(2)
All manufactured home parks approved after the enactment of this section shall be valid for a period of 120 days from the date thereof for purposes of obtaining a building permit. Upon application to the Town Board, approval may be extended up to two years from the date of original approval, but such park must meet any new legal standards imposed after the initial one-hundred-twenty-day period following approval.
§ 450-25 RVP Recreational Vehicle and Campground Park District.
[Added 11-12-1996 by L.L. No. 4-1996]
The Recreational Vehicle and Campground Park District is intended to provide areas within the Town for use by recreational vehicles and for camping. The purpose of this provision is to set aside areas of the Town where recreational vehicles and camping are allowed both on a short-term daily basis as well as a seasonal basis to provide for the recreational needs of the residents of the area and foster tourism within the Town of Newstead, while minimizing the impact of such facilities on residential development.
B.
Permitted accessory uses in the RVP District are as follows:
(1)
Accessory buildings, structures and equipment.
(2)
Office for park operator.
(3)
Maintenance building and garage for park operation.
(4)
Building housing laundry facilities, including coin-operated laundry facilities, to provide laundry facilities for occupants at the recreational vehicle park.
(5)
Bathhouse providing separate bathing facilities for each sex.
(6)
Toilet building providing separate toilet facilities for each sex, which may be freestanding or combined with bathing facilities.
(7)
Facility for filling LP gas containers and for storing empty LP gas containers.
C.
Permitted accessory uses by special permit.
(1)
Permitted accessory uses in the RVP District by special permit are as follows:
(a)
Small retail convenience store located within the park and not facing on a public highway, designed primarily to serve the needs of occupants of the RVP and not the general public.
(b)
Restaurant and/or dining hall, newsstands or other incidental services in connection with the operation of the RVP designed primarily to service the needs of occupants of the RVP District.
(c)
Recreation center and/or meeting room designed to provide recreational facilities and meeting rooms for the occupants of the RVP.
(2)
With respect to all permitted accessory uses by special permit, the recreational vehicle park (RVP) operator shall clearly establish that the facilities are primarily designed for the use of the occupants of the RVP. Facilities may be open to the general public, but more than 60% of the use of the facilities must be by occupants of the RVP.
(3)
Towers.
[Added 10-26-1998 by L.L. No. 1-1998]
D.
Recreational vehicles and camps outside of RVP District.
(1)
It shall be unlawful within the limits of the Town of Newstead, outside the corporate limits of any village for any person to park a recreational vehicle on any street, highway or other public place between the hours of 1:00 a.m. and 6:00 a.m. Emergency or temporary stopping or parking is permitted on any street or highway for not longer than one hour, subject, however, to any other and further prohibition, regulation or limitation imposed by law, parking regulations or ordinances.
(2)
No recreational vehicle shall be parked, used or occupied on any tract of ground within the Town of Newstead, outside the corporate limits of any village, except as follows:
(a)
A single, occupied recreational vehicle may be parked on the premises of an occupied dwelling for a period not to exceed 30 days, provided that the occupants of said recreational vehicle are guests of the property owner and no charge is made for the location or any facilities offered.
(b)
A single, unoccupied recreational vehicle may be parked in a private garage building or in a rear yard, provided that no living quarters shall be maintained nor any business practiced in said recreational vehicle while such recreational vehicle is so parked or stored.
(c)
It shall be the duty of the owner of the premises upon which such recreational vehicle is parked or stored to notify the Town Clerk within 10 days of such parking or storage. This shall not apply to recreational vehicles permanently parked or stored by the owners on a permanent basis, moved by the owners for their recreational use and subsequently returned to the property for storage. The initial notice shall be deemed sufficient for this purpose, with no additional notice being required when the recreational vehicle is returned to storage. In the event that such parking or storage becomes objectionable for whatever reason or such recreational vehicle is being utilized contrary to these provisions, the Town Board may order that the recreational vehicle be either stored inside or removed.
(d)
It shall be unlawful to permit tents to be erected on a parcel of land within the Town of Newstead, outside the Village of Akron for occupation by campers except in an RVP in an RVP District. Notwithstanding the foregoing, the owners of a parcel outside an RVP District may permit family members and/or guests to erect and occupy tents, provided that no charge is made therefor and such occupation period shall not exceed 30 days.
E.
Standards for recreation vehicle and campground park (RVP).
(1)
All RVP(s) must be designed in accordance with the building code of the State of New York and in for purposes of obtaining a building permit. Upon application to the Town Board, approval may be extended up to two years from the date or original approval, but such RVP(s) must meet any new legal standards imposed after the initial one-hundred-twenty-day period following approval.
§ 450-26 Route 5 Zoning Overlay District.
[Added 2-14-2005 by L.L. No. 1-2005; amended 4-24-2006 by L.L. No. 1-2006; 2-25-2008 by L.L. No. 2-2008; 9-8-2014 by L.L. No. 4-2014; 5-14-2018 by L.L. No. 2-2018; 9-13-2021 by L.L. No. 7-2021]
A.
Intent. In accordance with the recommendations of the Town of Newstead Comprehensive Plan, this overlay district is designed to better manage and accommodate growth and development along the New York State Route 5 (Main Street) corridor through the implementation of standards which allow flexibility while requiring integrated design within the overall site. In addition, within this district there are guidelines which regulate safe and orderly development and redevelopment, landscaping, signage, parking, traffic flow and circulation, architectural design and stormwater discharges. This overlay is also intended to improve visual quality and enhance the overall character of the area.
B.
Boundary description. This overlay shall act to manage land use and development along both sides of the Route 5 corridor, for a distance of 500 feet to the north and south of this roadway, between Davison Road and the Genesee County line, and along Buell Street a distance of 1,500 feet north of Route 5 (500 feet to the east and west of the roadway right-of-way line).
C.
Objectives.
(1)
The special regulations and requirements contained herein, which govern all potential development and redevelopment with the boundaries of the NYS Route 5 Zoning Overlay District, are founded upon the following objectives:
(a)
Commercial uses should be designed in concert with surrounding uses. Emphasis should be focused on protection of the escarpment and the visual quality of the area.
(b)
In the vicinity of Route 93 (Buell Road), emphasis should be placed on blending development with the character of the Village of Akron and balancing commercial use so as not to compete with the commercial activity in the Village.
(c)
Development and redevelopment should include uses and businesses related to tourism and agriculture, including lodging, restaurants, auctions and farm supply/support businesses.
(d)
Development and redevelopment should allow for diversity and include a mix of uses and services that generate activity and interest throughout the day, benefiting persons of all age groups and income levels.
(e)
Landscaping and other such amenities should be included in site design to improve community aesthetics, screen existing parking areas and other adverse views, provide shelter from the elements, and enhance the public atmosphere and patron experience.
(f)
Whenever possible, natural vegetation and open space should be preserved to the greatest extent possible, to provide a natural buffer between residential and business uses situated along Route 5 and to maintain and improve the aesthetic quality of the community.
(g)
Property maintenance and safety shall be promoted throughout the community to provide a prosperous and inviting area for public activity.
(h)
The needs of pedestrians and shoppers, and the overall character of the community, should be placed above the needs of motorists through the appropriate placement and design of parking areas, points of ingress and egress, alleys and walkways. Site designs should avoid expansive areas of pavement and excessive curb cuts, unless deemed necessary for the general safety and welfare of the community.
(i)
Minimum requirements should be established that recognize the need for safe and efficient traffic operations, which often appear to conflict with the objectives of developers.
(j)
The number of conflict points along NYS Route 5 should be reduced, and through traffic should be separated from local traffic, to better manage highway access.
(k)
Flexibility should be considered for the purpose of allowing financing or varied ownership of parcels along NYS Route 5 provided that such flexibility does not diminish the character of the Zoning Overlay District.
(2)
To accomplish the objectives set forth above all projects involving development, redevelopment and change in use within the NYS Route 5 Zoning Overlay District will require that site plans be submitted and approved through the site plan process.
D.
Effect on existing zoning districts. The provisions of the NYS Route 5 Zoning Overlay District shall supplement the underlying zoning regulations. This overlay district shall be superimposed over existing zones. Unless Subsection H applies, each use must conform to the development standards required by the underlying zoning district as well as this overlay district, and the more stringent standard shall prevail.
E.
Effect on underlying uses. Within the boundaries of the NYS Route 5 Zoning Overlay District, the underlying allowable uses and accessory uses shall be as specified in the underlying zoning districts.
F.
Effect on bulk requirements. The following items have been modified or added:
(1)
Front yard setback shall be a minimum distance according to either state, county or Town road requirements and this front yard shall be landscaped and maintained in accordance with the approved site plan.
(2)
Side yard setbacks shall be a minimum of 30 feet, but shall be a minimum of 50 feet for a commercial use abutting a residential zone or use.
(3)
Rear yard setbacks shall be as specified in the underlying zoning.
(4)
For used vehicle sales and service, a minimum of 200 feet of frontage is required.
G.
Site design conditions. The following site design provisions shall apply in the NYS Route 5 Zoning Overlay District:
(1)
Parking areas.
(a)
Parking areas should predominantly be located to the side or rear of the existing or proposed main structure. In general, they shall not be located closer to the road than the main building on the site. In cases where the parking must be in the front of the building, due to extenuating circumstances, the setback must be maintained and utilized as a landscape area.
(b)
Parking, stacking and loading areas shall be arranged, marked and maintained as shown on the site plan. The Planning Board may also require structural or landscape features, including (without limitation) bumper guards, curbs, walls or fences to further carry out the objectives of this chapter.
(c)
No less than 5% of the interior of a parking area designated for 10 cars or more shall be devoted to landscaping.
(d)
A compact evergreen hedge, shrubs or other screening, including permanent fencing, may be required at the discretion of the Planning Board.
(e)
When practicable, parking areas shall be shared with adjacent businesses. In cases where shared parking is provided by recorded agreements that cannot be terminated without the approval of the Town, the Planning Board may permit a reduction in the required parking area when the applicant can show that the total parking needs are met.
(f)
Cross-access to adjacent properties (except residential properties) shall be provided where practicable. The Planning Board will require cross access agreements or easements to be recorded.
(g)
Pedestrian walks between parking areas and buildings will be provided to assure pedestrian safety.
(h)
All parking areas must be screened from the road by landscaping features. Parking areas adjoining residential uses must be set back a minimum of 20 feet from the residential property line and screened appropriately (hedge or other feature).
(i)
The Planning Board shall review and recommend to the Town Board and the Town Board shall approve parking area materials.
(2)
Landscaping.
(a)
A complete landscaping plan, prepared by a licensed landscape architect, shall be submitted. Trees to be removed and those to be preserved shall be shown. Other natural or significant features should be noted as well, such as stone walls, hedges, etc.
(b)
A minimum ground area of not less than 20% of the total lot area shall be landscaped.
(c)
The arrangement and spatial location of landscaping shall be disbursed throughout the site, and landscaping shall be designed as an integral part of the entire development so as to prevent unsightliness and eliminate the monotony of parked cars.
(d)
Landscaping shall provide privacy and screening for adjacent land uses, with visual, noise and air quality factors considered.
(e)
The primary emphasis of the landscape treatment shall be on trees, and efforts shall be made to preserve existing trees. Shrubbery hedges, grass and other vegetation should be used to complement the use of trees but shall not be the sole contribution to the landscape treatment.
(f)
All existing trees larger than eight inches in diameter, as measured three feet above grade, groups of trees and other natural vegetation shall be incorporated into the landscaping plan to provide natural buffering from adjacent residential properties and improved site aesthetics. Efforts shall be made to preserve these features, especially along lot lines. If vegetation is removed, mitigation shall be required to effectively buffer adjoining sensitive land uses.
(g)
A minimum of one tree shall be planted per each 30 feet of frontage in the required setback area.
(h)
All planted deciduous trees shall have a minimum caliper of 2 1/2 inches, as measured six inches above grade. All planted coniferous trees shall have a minimum height of six feet above grade. Large shrubs shall be a minimum of 30 inches in height; small shrubs shall be a minimum of 18 inches in height.
(i)
The interior dimensions of a landscaped area or median shall be a minimum of seven feet wide to ensure the proper growth of materials planted therein.
(j)
Foundation planting schemes shall be included on the landscaping plan. Landscaping around buildings shall be included at a minimum of five feet in all areas except entrances and the rear facade.
(k)
Selected vegetative plantings shall be compatible with soil conditions on the site as well as the regional climate. Species planted in areas subject to seasonal deicing treatments shall be tolerant to salt and other similar substances.
(l)
Plastic or other types of artificial plantings or vegetation shall not be permitted.
(m)
All landscaped areas required under these provisions shall be maintained and preserved according to the site plan as originally approved or as amended by the Planning Board. Flora that dies shall be replaced within the next planting season with plantings of a similar nature.
(n)
A landscape maintenance bond shall be required to guarantee maintenance of approved landscaping for a period of three years from planting.
(3)
Signage requirements in the NYS Route 5 Zoning Overlay District shall be the same as are provided in Chapter 327 of this Code.
(4)
Architectural features.
(a)
The site design shall demonstrate architectural compatibility of buildings on the site, with consideration given to the appearance and style of surrounding uses.
(b)
All building facades that would be visible from roadways, parking areas or adjacent sites shall be architecturally designed to enhance aesthetic appearance.
(c)
The front facade of any building shall be constructed of brick, split block, stucco, stone or wood frame, with cedar or lap siding or other materials acceptable to the Planning Board. Concrete block, cast-in-place concrete or cinder block shall be discouraged.
(d)
Flat-roofed structures are discouraged. If proposed, architectural features must be included that break up the appearance of the flat roof.
(e)
Rooftop mechanics shall be screened from public view by the use of architecturally compatible materials.
(f)
Buildings or components designed to advertise or promote a uniform corporate image shall be subject to review and approval by the Planning Board. (These are strongly discouraged.)
(g)
Buildings shall be designed to eliminate long expanses of blank walls of a single color or texture.
(h)
Windows shall cover a minimum of 35% of any facade facing a roadway but shall not exceed 75% of this area. If this cannot be achieved because of extenuating circumstances, the applicant will provide architectural finishes and features to break up the monotony of blank walls.
(i)
Loading areas shall not face the road.
(j)
Multiuser structures must be designed in such a way as to avoid the appearance of strip plaza development or structures.
(k)
Architectural plans must be submitted with all applications.
(l)
Architectural renderings must be submitted for all new structures.
(5)
Site lighting.
(a)
Pole-mounted lighting shall not exceed a total height of 15 feet from finished grade to the top of the fixture. The types of poles and light fixtures shall be approved by the Planning Board and should best meet the intent of the overlay area and match the aesthetics of the area.
(b)
Lighting illumination levels shall not exceed six lux/0.6 footcandle as measured from any property line.
(c)
The lenses in pole- or wall-mounted lighting fixtures shall be recessed to control the adverse impacts of light spillage.
(d)
All external lighting sources shall be designed and shielded to avoid hazardous interference and direct glare onto adjacent streets and properties.
(e)
To provide optimum color rendition, lamps are preferred in the following order: high-pressure sodium, metal halide, low-pressure sodium.
(f)
Parking, stacking and loading areas shall be illuminated only to the extent necessary to ensure public safety. Illumination shall not be used for the purpose of advertising or attracting attention to the principal use.
(g)
Parking area lighting fixtures shall not be illuminated after 11:00 p.m., unless otherwise approved by the Planning Board, and shall be designed to illuminate the parking area only.
(h)
On-site lighting, including security lighting, shall not create a nuisance to adjacent residences. Shield and directional requirements may be required at the discretion of the Planning Board.
(i)
The appearance and placement of lighting shall be subject to Planning Board approval as part of the site plan approval process. Lighting plans shall be submitted and must include illumination footprints for Planning Board review.
(6)
Access management.
(a)
General. One of the most important objectives of access management is reducing the potential for conflicts, particularly along the most heavily traveled roads. The best methods for achieving a reduction in conflicts are by reducing the number of conflict points and separating through traffic from local traffic. Land use development and transportation can be brought into balance, and conflicts can be reduced, through appropriate limitations on the number of driveways and the enforcement of driveway and corner clearance standards.
[1]
The site layout, location and design of driveways and parking areas should be based on full build-out of the parcel. Future subdivision of the parcel or any future action that is contrary to an approved plan cannot occur without prior Planning Board approval.
[2]
Properties with frontage on two or more roads do not have the right to driveway access to all such roads. Access in such cases shall be determined by the Planning Board.
[3]
Driveways should be located so as to provide shared access and/or cross-access with an abutting parcel or properties, wherever practical.
[a]
Shared driveways and/or cross-access driveways shall be of sufficient width per New York State Fire Code to accommodate two-way travel for automobiles, for service and for loading vehicles.
[b]
Shared driveways, cross-access driveways, interconnected parking, and private roads constructed to provide access to properties internal to a subdivision shall be recorded as an easement and shall constitute a covenant running with the land. Operating and maintenance agreements for these facilities shall also be recorded with the deed, where applicable.
[4]
Driveway spacing standards shall apply to driveways located on the same side of the road and shall be measured along the road from the center line of the driveway pavement to the center line of the next driveway.
[5]
Curb cuts and driveway spacing for new development or redevelopment will be evaluated by the Planning Board on a case-by-case basis to reduce conflicts and ensure traffic safety and efficiency. In certain cases, minimum spacing requirements, as deemed appropriate by the Planning Board and that comply with established state standards, shall be applied as follows:
Minimum Driveway Spacing Guidelines Development Size in Peak Hour Trips (pht) | |||
|---|---|---|---|
Small, 0 to 100 pht (feet) | Moderate, 101 to 200 pht (feet) | Large, 201 or greater pht (feet) | |
Major arterial | 330 | 440 | 660 |
Collector road | 220 | 330 | 440 |
NOTES: | |
1. | Peak hour trips (pht) should be based on full build-out of the parcel. |
2. | The larger of the minimum driveway spacing standards for the proposed development or for existing developments at abutting properties will apply. Driveways for in-fill development must meet the larger of the minimum driveway spacing standards for development-abutting properties on both sides. |
(b)
Corner clearance. Corner properties present special problems because they are extremely attractive to high-volume, peak-hour-traffic businesses whose designs often create conflict areas that overlap with the conflict area of the intersection.
[1]
Corner clearance is to be measured along the road from the center line of the driveway pavement to the closest edge of the road pavement. Where road widening is planned or anticipated in the future, corner clearance should be increased to provide for the width of the additional lane.
[2]
Driveways for corner properties shall meet or exceed the minimum corner clearance requirements as follows:
Minimum Corner Clearance Requirements | |
|---|---|
Type of Access | Minimum Clearance (feet) |
For partial access, right turns in and/or out only | 100 |
For full access, all directional movement | 220 |
[3]
Driveways should be located outside of the functional area of the intersection, or if this is not possible, driveways should be placed as far as possible from the intersection.
[4]
Driveways that allow left turns in and out should not be allowed where left-turn vehicles must cross two or more lanes or cross or use a center left-turn lane.
[5]
Cross-access to adjoining properties should be encouraged to the greatest extent possible.
(c)
Driveway location.
[1]
Driveway location will be based on a site plan that has been approved by the Town Planning Board in consultation with the Town Engineer and/or the Town Highway Superintendent.
[2]
Driveways shall be located so as to meet or exceed the minimum driveway spacing standards and the minimum corner clearance standards.
[3]
The Town Planning Board may allow the location of driveways at less than the minimum driveway spacing standards and corner clearance standards if:
[a]
A dual-driveway system, cross-access driveway system or shared driveway is proposed and this improves the safe and efficient movement of traffic between the parcel and the road;
[b]
A driveway or driveways could be located so as to meet the minimum driveway spacing standards and corner clearance standards but the characteristics of the parcel or the physical or operational characteristics of the road are such that a change of location will improve the safe and efficient movement of traffic between the parcel and the road; or
[c]
Conformance with the driveway spacing standards or corner clearance standards imposes undue and exceptional hardship on the property owner.
(d)
For properties unable to meet the minimum driveway spacing standards or corner clearance standards, a temporary driveway may be granted. The granting of a temporary driveway will be conditioned on obtaining a shared driveway, cross-access driveway or unified parking and circulation with an adjoining parcel and closure of the temporary driveway in the future.
(7)
Additional provisions.
(a)
Site plans shall illustrate building location, the elevation of all buildings and structures, building materials to be utilized on all facades, and the location of site lighting and signage.
(b)
Ground-level mechanical equipment and refuse dumpsters or containers shall be fully screened from public view through the use of landscaping, decorative walls or fencing, or other design treatments compatible with the buildings.
(c)
Outdoor storage areas are limited to the rear yards and shall be screened from adjoining properties and, in general, not visible from Route 5.
(d)
Properties on the north side of the road must include plans on how the escarpment shall be protected. Connective features such as walkways and paths should be considered for connections to the Town's bike path system.
(e)
Sidewalks or paths shall be considered to assist with walkability and the potential for bicyclists. Where sites are adjacent to municipal sidewalks, they shall be connected with them.
(f)
Pedestrian walkways shall be provided between buildings on a single site. Walkways shall also be incorporated into cross-access points.
(g)
Pedestrian walkways shall be constructed of concrete or decorative brick or similar materials.
(8)
Waiver of design requirements. Subject to the provisions of § 405-26H, the Planning Board may waive or modify any design requirements under this section, as long as it does not significantly diminish the intent and purpose of the district and does not infringe upon the authority of the Zoning Board of Appeals.
H.
Unified development. An important objective of the NYS Route 5 Zoning Overlay District is to allow flexibility in creating new parcels within the district, provided that the creation of such parcels furthers the intent and objectives set forth in § 450-26A and C, the objectives set forth in the current version of the Town of Newstead and Village of Akron Joint Comprehensive Plan Update, and to enable the utilization of land which may not be developable under strict adherence to the provisions of this § 450-26.
(1)
Procedure. The process of applying for a unified development shall involve three steps: a) a preapplication meeting with the Planning Board; b) a master plan review; and c) a development plan review.
(a)
Preapplication meeting. Prior to submitting an application for a unified development, the applicant shall be required to attend a preapplication meeting with the Planning Board. The purpose of the preapplication meeting shall be for the Planning Board to review a draft of the master plan and related project materials and provide input to the applicant for its consideration.
(b)
Master plan review. The second step in the review process of a unified development is a conceptual master plan review. An environmental review of the proposed project pursuant to the State Environmental Review Act ("SEQRA") shall be conducted in connection with the conceptual master plan review process.
[1]
Conceptual master plan application requirements. An application for conceptual master plan approval shall consist of the following:
[a]
Completed application form;
[b]
Proof of ownership or dated, signed and notarized authorization of property owner(s);
[c]
Conceptual master plan showing the layout of the proposed project and illustrating the manner by which the applicant intends to comply with standards contained in this § 450-26;
[d]
Conceptual sketches depicting architectural style and theme for the overall project;
[e]
An accurate and updated survey of the site showing the location and accurately referencing all recorded easements and rights-of-way;
[g]
Traffic impact study;
[h]
Parking plan;
[i]
Conceptual landscape plan;
[j]
Preliminary grading and drainage plan prepared by a licensed engineer; and
[k]
Any other information and/or plans reasonably determined to be needed by the Building Department to assist in the review of the conceptual master plan application.
[2]
Review of conceptual master plan application by the Building Department. The Planning Board shall hold an initial meeting for the purpose of reviewing the conceptual master plan application and providing input to the applicant. The Planning Board shall also initiate a coordinated environmental review of the proposed project pursuant to SEQRA during its initial review of the proposed project as long as the Planning Board has reasonably determined that the conceptual master plan application provides necessary information to enable the Planning Board and involved and interested agencies to identify and evaluate potential adverse environmental impacts.
[3]
Determination pursuant to the State Environmental Quality Review Act ("SEQRA"). As early as practicable during its review of the conceptual master plan application, the Planning Board, so long as it has been designated as the lead agency pursuant to SEQRA, shall identify and evaluate potential adverse environmental impacts and issue a SEQRA determination. The Planning Board shall have the ability to consider input received from involved and interested agencies as well as Town departments and the public in connection its evaluation of identified potential adverse environmental impacts and issuance of a SEQRA determination. The Planning Board shall not be required to issue a SEQRA determination prior to holding a public hearing on the conceptual master plan application.
[4]
Public hearing(s) to be held by the Planning Board. The Planning Board shall hold one or more public hearings in connection with its review of the conceptual master plan application.
[5]
Criteria for approval of the conceptual master plan. In connection with its issuance of a decision on an application for conceptual master plan approval, the Planning Board shall have broad discretion. The Planning Board's decision on an application for conceptual master plan approval shall be based on the Planning Board's determination as to whether the conceptual master plan is consistent with the planning objectives and standards contained in this § 450-26.
[6]
If the waiver of a requirement set forth in this § 450-26 is requested by the applicant the Planning Board shall have the authority and discretion to grant waivers of requirements as set forth in this § 450-26 of the Town Zoning Code. The granting of waivers shall require a majority vote of the Planning Board based on its consideration of the following criteria:
[a]
The hardship to the applicant that would result from compliance with the applicable standard from which the applicant is seeking a waiver.
[b]
The Planning Board issuing a finding that the granting of the requested waiver will not conflict with the established planning objectives for NYS Route 5 Zoning Overlay District.
The granting a waiver by the Planning Board shall be on a case-by-case basis. The granting of a waiver by the Planning Board shall not establish a precedent for the granting of future waivers. |
[7]
Referral to the Town Board. If the conceptual master plan is approved by the Planning Board, it shall be referred to the Town Board for final approval, approval with conditions, or denial. The Town Board may elect to hold one or more public hearings on the conceptual master plan.
[8]
Conditions. The Planning Board and the Town Board shall have the right to impose reasonable conditions in connection with its approval of a conceptual master plan.
(c)
Development plan application. The third step in the formal review process of a unified development is development plan review. To the extent the development plan is not consistent with the approved conceptual master plan, the Planning Board shall have the discretion to simultaneously review any amendments to the conceptual master plan while reviewing the development plan application.
[1]
Development plan application requirements. An application for development plan approval shall consist of the following:
[a]
Completed application;
[b]
Proof of ownership or dated, signed and notarized authorization of property owner(s);
[c]
Accurate and updated survey of the site showing the location and accurately referencing all recorded easements and rights-of-way;
[d]
Documentation addressing the master plan approval conditions imposed by the Planning Board;
[e]
Fully engineered plans prepared and stamped by a licensed engineer (Note: A reference to any conditions imposed by the Planning Board in connection with its approval of a conceptual master plan shall be included on the fully engineered plans.);
[f]
Architectural plans by licensed architect;
[g]
Landscaping plan prepared by a licensed landscape architect;
[h]
Photometric plan;
[i]
Engineer's report prepared by a licensed engineer;
[j]
Stormwater pollution prevention plan ("SWPPP") prepared a licensed engineer;
[k]
Drafts of deed restrictions, easements, dedication documentation for review by the Town Attorney and the Building Department; and
[l]
Any other information and/or plans reasonably determined to be needed by the Planning Board to assist in the review of the development plan application.
[2]
Public hearing(s) to be held by the Planning Board. The Planning Board shall hold one or more public hearings in connection with its review of the development plan application.
[3]
Criteria for approval of the development plan. In connection with its issuance of a decision on an application for development plan approval, the Planning Board shall have broad discretion. The Planning Board's decision on an application for development plan approval shall be based on the Planning Board's determination as to whether the development plan is generally consistent with the approved conceptual master plan and also consistent with the planning objectives and standards contained in this § 450-26.
[4]
Waivers. The Planning Board shall have the authority and discretion to grant waivers of requirements as set forth in this § 450-26. The granting of waivers shall require a majority vote of the Planning Board based on its consideration of the following criteria:
[a]
The hardship to the applicant that would result from compliance with the applicable standard from which the applicant is seeking a waiver.
[b]
The Planning Board issuing a finding that the granting of the requested waiver will not conflict with the established planning objectives for the NYS Route 5 Zoning Overlay District.
The granting a waiver by the Planning Board shall be on a case-by-case basis. The granting of a waiver by the Planning Board shall not establish a precedent for the granting of future waivers. |
[5]
Referral to the Town Board. If the development plan is approved by the Planning Board, it shall be referred to the Town Board for final approval, approval with conditions, or denial. The Town Board may elect to hold one or more subsequent public hearings on the development plan.
[6]
Conditions. The Planning Board and the Town Board shall have the right to impose reasonable conditions in connection with its approval of a development plan. The applicant shall be required to demonstrate compliance with conditions imposed by the Planning Board and the Town Board prior to being eligible to obtain a building permit for a project in the NYS Route 5 Zoning Overlay District.
(2)
Third-party consultants. The Planning Board shall have the authority to recommend to the Town Board that one or more consultants be retained on behalf of the Town of Newstead to assist in the review of a proposed project, and the Town Board may approve the use of such consultants or elect to engage consultants as it otherwise deems necessary. The categories of third-party consultants that the Town of Newstead may retain to provide assistance in connection with the review of a proposed project shall include but not be limited to architectural, engineering (civil and/or traffic), legal and planning services. The cost of such third-party consulting services shall be reimbursed by the applicant to the Town of Newstead within 30 days of the Town receiving an invoice for third-party consulting services.