Single-family dwellings (excluding mobile homes).

General farming and related farming activities, including animal kennels or the raising of fur-bearing animals, provided that no storage of manure or odor- or dust-producing substances shall be permitted within 100 feet of an adjoining lot line.

Public buildings, deemed necessary by the Town Board, schools and educational buildings, accredited by the State Education Department.

Greenhouses and landscape nurseries.

A private detached garage, intended for the storage of privately owned motor vehicles, not exceeding 650 square feet in floor area nor 14 feet in height.

Customary residential storage structures not exceeding two structures per residence, each of which shall not exceed 150 square feet in floor area or 10 feet in height.

Animal shelters for domestic pets of the household.

Other customary residential structures such as private swimming pools, fireplaces, trellises, lampposts and the like.

Customary farm buildings for the storage of products or equipment located on the same parcel as the principal use.

Tenant farm dwellings shall also be permitted as an accessory use, provided that each permanent structure shall have an area of one acre and not be closer than one hundred feet to another structure.

Off-street parking, fencing and signs in accordance with the provisions of this code.

Public utility uses, including telecommunications facilities.

Excavation operations.

Nursing, convalescent, retirement, assisted-living, custodial and special placement residences.

Churches, schools, parks and public buildings.

Planned unit developments subject to the requirements of Article X.

Home professional occupations.

Single-family dwellings.

A private detached garage, intended for the storage of privately owned motor vehicles, not exceeding 650 square feet in floor area nor 14 feet in height.

Customary residential storage structures, each of which shall not exceed 200 square feet in floor area or 14 feet in height. Applicable setbacks are found elsewhere in the Town Code, as is maximum percentage of lot coverage (25%) to dictate the number of structures allowed.

Animal shelters for domestic pets of the household. (Not more than two pets shall be sheltered per dwelling unit.)

Other customary residential structures such as private swimming pools, fireplaces, trellises, lampposts and the like.

Accessory uses, including the raising of crops, vegetables and flowers, but no raising of livestock or other agriculture.

Off-street parking, fencing and signs in accordance with the provisions of this code.

Public utility uses, excluding offices, including telecommunications facilities (excluding maintenance and storage yards).

Nursing, convalescent, retirement, assisted-living, family custodial and special placement residences.

Planned unit developments subject to the requirements of Article X.

Home professional occupations.

Churches, schools, parks and public buildings.

An accessory garage may be located in a front yard which is in excess of a required front yard where the side and rear yards have insufficient area.

The distance between the main building and the accessory building shall be in accordance with the Building Code.[1]

The required front yard need not exceed the average of those front yards on either side of the lot to be developed.

No residential front yard shall be used for the open storage of boats, motor vehicles, travel trailers or other equipment, except for vehicle parking on driveways.

All uses permitted in the R-1 District. (See § 245-18.)

Two-family dwellings.

All uses permitted in the R-1 District. (See § 245-18.)

All provisions in the R-1 District. (See § 245-18.)

All uses permitted in the R-2 District. (See § 245-19.)

Multiple-family dwellings.

All uses permitted in the R-2 District (See § 245-19.)

Apartments, subject to the requirements of § 245-20D and E.

Public utility uses, including telecommunications facilities (exclusive of office buildings and maintenance and storage yards).

Convalescent, nursing, retirement homes, assisted-living and special placement residences.

Planned unit developments, subject to the requirements of Article X.

Mobile home parks, subject to the requirements of § 245-32.

Apartment structures shall not exceed a density of 15 dwelling units per net acre of lot area.

Driveways for ingress and egress shall connect with other than minor streets, shall not be located within 200 feet of an existing street intersection and shall have a pavement width of at least 20 feet, except where they are within a parking area, in which case they shall be not less than 25 feet.

The minimum yard requirements of Appendix A[1] apply only to the entire tract, and no buildings shall be located within such yard areas. The minimum distance between buildings in an apartment development shall be 25 feet, except that no wall containing an apartment shall be closer to another apartment building than 50 feet. No apartment building shall be closer to a preexisting single-family or two-family lot than a minimum 50 feet.

Parking areas may be located in any yard other than the required front yard, but not closer than 20 feet to any property line and shall comply with all other requirements in this code.

Every apartment building shall have a minimum setback of 20 feet from all interior roads, driveways and parking areas.

Every apartment development shall be provided with garbage and refuse storage and collection areas completely screened from view, and away from the fronts of apartment buildings.

In addition to any storage area within individual apartment dwelling units, a minimum of 100 square feet (or less if required by federal regulations) of storage shall be provided for each dwelling unit in a convenient, centrally located area in the basement or ground floor or elsewhere, where personal belongings and effects may be stored under lock and separated from the belongings and effects of other occupants.

A wall of an apartment structure or parallel walls of adjacent apartment structures shall not continue in the same plane for a length of more than 75 feet without an offset of at least four feet.

Each garden apartment development shall provide a surfaced playground area or areas at a standard of 500 square feet for each 10 dwelling units. Outdoor play equipment shall be installed in each playground in sufficient amount and variety to service the occupants of the development. No area shall be less than 1,000 square feet.

The entire area of a garden apartment development not improved for driveways, parking areas or covered by buildings or walkways shall be attractively landscaped and seeded and properly maintained at all times.

An evergreen buffer shall be planted and maintained to provide a visual screen where any parking lot, garage or maintenance area abuts any district, on the rear or side. Said buffer strips shall be as follows:

High-rise apartment structures shall not exceed a density as established in Appendix A for multiple-family dwellings.[2]

For each additional story above three, the side and rear yards shall be increased 10 feet from those indicated in Appendix A.[3]

When any part of the front yard of a high-rise apartment building is directly opposite the front yard of a single-family or two-family dwelling, garden apartment or townhouse apartment or lot zoned for such use, the required front yard of the high-rise apartment building shall be increased 10 feet for each additional story above three.

No high-rise apartment building shall exceed 12 stories in height, excluding basement, together with a penthouse, housing machinery, which may be erected to an additional height of 12 feet and shall not occupy more than 25% of the roof area.

The minimum tract size shall be 20 contiguous acres suitable in location and condition for this type of development as determined by the Town Planning Board.

The lot size, yard, area and height requirements shall conform to the zoning schedule of this code.[1]

The number of lots (density of development) in a cluster development shall not exceed that which could be created under a conventional development plan for the same tract of land.

The applicant shall provide a tract of land of no less than 20% of the gross acreage of the tract to be devoted exclusively to permanent recreation areas and open space.

All recreation areas shall be suitable for such use in the opinion of the Town Planning Board. The ownership and future maintenance of such recreation areas shall be subject to the approval of the Town Board, or such areas shall be offered for dedication to the Town of Niagara. Nothing in this section reduces or waives the requirements of dedication of land for recreational purposes or payment in lieu thereof as may be required by other provisions of this Zoning Code or state law.

If a building permit application for the development in accordance with the approved rezoning and site plans and specifications has not been filed within one year after the date of the resolution authorizing rezoning or site plan approval, whichever is later, all approvals shall become null and void and the approvals shall be revoked and vacated. The property shall revert to the zoning classification existing prior to the rezoning.

To the extent that the New York Town Law § 278 establishes a different methodology for approval of cluster developments, this code supersedes such requirements. However, nothing in this code reduces the powers granted to the Town by Town Law § 278. In the case of conflict of standards between state and local law, the stricter standards shall apply.

Retail business establishments such as, but not limited to, the following:

Personal service establishments such as, but not limited to, the following:

Office and storage facilities as follows:

Private garage space for the storage of commercial vehicles used in conjunction with permitted business uses.

Off-street parking, fencing and signs in accordance with the provisions of this code.

Public utility uses, including telecommunications facilities (exclusive of maintenance buildings and yard and equipment storage yards).

Motels and hotels.

Motor vehicle service stations and public garages.

Motor vehicle sales lots.

Car washes.

Transient or short-term rentals.

All uses permitted in the B-1 District (See § 245-22.)

Private garage space for the storage of commercial vehicles.

Off-street parking, fences and signs in accordance with the provisions of this code.

Bus and taxi passenger shelters.

All uses permitted in a B-1 District. (See § 245-22.)

No more than two service stations may be located at any one intersection within the B-2 District.

No more than two service stations shall be located at each Planned Business District location.

The proposed development for a Planned Business District shall be constructed in accordance with an overall plan for the entire area, with specific detail and engineering drawings for that portion to be constructed in the first phase.

The area shall be designed as a single architectural and landscape theme, with continuity of areas and uses, regardless of phase of construction. The first phase of site development shall include either a minimum of 5,000 square feet of ground floor area or a minimum of five principal permitted uses.

Wherever the property line of a use in this district abuts the side or rear yard of a residential zone, an area of not less than 20 feet in width along each boundary shall be set aside as a buffer area and not used for any other purpose. Said buffer area shall be planted with a screen of evergreen trees and shrubs, not less than five feet in height, or by other methods approved by the Planning Board.

In addition to such buffer planting, the owner of the commercial property shall erect on the buffer area a fence of at least six feet and not exceeding eight feet in height for the purpose of protecting the residential property from litter, debris and light glare. Such fence shall contain no more than 15% open space.

Access to any street or highway shall have not more than one access point per each continuous 250 feet of frontage to any street or highway. In no case, however, shall an accessway to a public street or highway be closer than 50 feet to any street intersection as measured from the nearest intersection right-of-way lines nor closer than 25 feet to any side lot line. Accessways shall be not less than 20 feet nor more than 36 feet in width as measured at the property line.

Manufacture, sales and service of small machinery such as optical goods, carburetor and small machine parts, cash registers, sewing machines and typewriters, calculators and other office machines; small motors and generators.

Fabrication of metal products, bicycles; metal foil, tin, aluminum, gold, etc.; metal furniture; musical instruments and sheet-metal products.

Fabrication of paper products such as bags, book bindings, boxes and packaging material and office supplies.

Fabrication of wood products such as boats; boxes; cabinets and woodworking; furniture and toys, etc.

Food and associated industries, including bakeries; bottling of food, condiments, drugs and beverages.

The warehousing or storage of utilities equipment; goods and products such as building materials, farm supplies and the like, which may be sold from the premises to the general public.

Office buildings for executive, engineering and administrative purposes; union headquarters and similar offices.

Scientific or research laboratories devoted to research, design and/or experimentation and processing and fabricating incidental thereto.

The manufacturing and processing of pharmaceutical and cosmetic products.

Motor vehicle service stations and public garages.

Buildings used exclusively by the federal, state, county or local municipal government for public purposes, including workshops, warehouses, maintenance garages or storage yards.

Radio or television broadcasting stations, including studios, auditoriums and other rooms for performances and including office and other space incidental to and necessary for the principal use, including radio or television transmission or receiving towers and facilities, provided that no portion of the tower is within 11/2 times the height of the structure of any property line and a tower permit is obtained.

Hospitals for small animals (dogs, cats and the like), including kennels, provided that yards are enclosed.

Local and long-distance trucking terminals and distribution facilities.

Manufacture and service of electronic equipment and supplies including scientific and machine control equipment and instruments, photographic equipment, watches and clocks.

Sales and service of farm machinery, mobile homes.

Miscellaneous wholesaling of such items as, but not limited to, tobacco, candy, amusement and sporting goods, books and magazines and food products.

Air conditioning, refrigeration and heating sales, service and fabrication.

Self-storage facilities.

Off-street parking, fencing and signs in accordance with the provisions of this code.

The warehousing and storage of goods and products, provided that no goods are sold from the accessory premises.

Garage space necessary to store vehicles used in the conduct of business on the premises.

Structures customarily associated with industrial office uses.

Accommodations for a caretaker or watchman and his or her immediate family.

Cafeteria, first-aid and/or medical facilities located within a building and operated by or for the employer for the exclusive use of employees or guests.

Recreational areas and parks.

Gate houses, bus stop shelters or security offices not more than one story in height, which are permitted within a required front yard but situated not closer than 25 feet to any property line.

Public utility uses, including telecommunications facilities.

Transient or short-term rentals.

All uses permitted in the Light Industrial District (§ 245-24); however, all of which must be enclosed in a building or structure.

Those uses not permitted in this district are:

All uses permitted in the Light Industrial District (§ 245-24), except that there shall be no gate houses, bus stop shelters or security offices.

In order to protect the common tenants of an industrial park, there shall be no uses permitted within this district which conflict with covenants and/or conditions of sales contained in deeds or contracts of sale by and between the initial or subsequent developer and the tenants and/or landowners of the industrial park and which conflict with the original approval of the Town Board or this code.

All of the regulations applicable to Light Industrial Districts and outlined in Article VI shall apply to this district.

All roadways within the industrial park or District shall be hard-paved surfaces and comply with the Town of Niagara Developer's Specifications, as amended. [1] All walks, driveways and parking lots shall be paved with a hard asphalt or concrete surface and kept in a smooth, uniform condition.

The Town Board and Planning Board shall set the side yard requirements, which shall be no less restrictive than the requirements contained in this code for Light Industrial Districts.

The minimum lot size for each lot contained within an industrial park shall be 1.0 acre.

The total park shall consist of no less than three acres.

All uses permitted in the Light Industrial District. (See § 245-24.)

The following classifications from the Standard Industrial Classification Manual shall also be permitted:

All uses permitted the in Light Industrial District.(See § 245-25.)

Excavation operations.

Junkyards, subject to the requirements of Town Code Chapter 173.

Public utility uses, including telecommunications facilities.

Solid waste management facility.

Transient or short-term rentals.