The regulations set by this chapter within each district shall be minimum regulations and shall apply uniformly to each class or kind of structure or land therein, except as otherwise provided in this chapter.

No building, structure or land shall hereafter be used or occupied, and no building or structure or part thereof shall hereafter be erected, constructed, reconstructed, moved or structurally altered, except as permitted in the district and in conformity with all of the regulations herein specified and as identified in the schedule of permitted uses and the schedule of yard, bulk, lot, area and height regulations.

No building or structure shall hereafter be erected or altered which exceeds the height or bulk; accommodates or houses a greater number of families/units; occupies a greater part of the lot area; or has narrower or smaller rear yards, front yards, side yards or other open spaces than herein permitted or required.

No part of a yard or other open space or off-street parking, loading or stacking space required about or in connection with any structure for the purpose of complying with this chapter shall be included as part of a yard, open space or off-street parking, loading or stacking space required for any other structure.

No yard or lot existing at the time of passage of this chapter shall be reduced in dimension or area below the minimum requirements set forth herein. Yards or lots created after the effective date of this chapter shall meet at least the minimum requirements established by this chapter.

No required yard shall be separated in ownership from that portion of the lot on which a structure is located.

If the minimum requirements under this chapter are already legally noncompliant in area, dimension or capacity, such deficiencies shall not be further reduced.

Provide uniformity in the physical design and construction of parking areas which are aesthetically pleasing; and

Which are of sufficient size to accommodate the minimum needs of a given land use; and

Which are not greater in size than necessary; and

Which are properly arranged and located so that they do not interfere with neighboring less intensive land uses; and

Which are properly engineered to consider site topography, minimization of off-site drainage impacts and properly place ingress/egress points to improve traffic safety.

Permanent off-street parking. Permanent off-street automobile parking or standing space shall be provided as set forth in the schedule of required off-street parking at the time any building or structure or use of land is created; and at the time any building or structure is enlarged or increased in capacity for which additional parking is required.

Maximum/minimum total. The required permanent off-street parking spaces shown on the schedule of required off-street parking[1] shall also be the maximum number of parking spaces to be permitted. Parking desired in excess of the schedule requires approval from the Zoning Board of Appeals.

Employee parking. Whenever parking requirements are based on the number of employees, it shall mean the maximum number of employees on duty on the premises at one time or any two successive shifts.

Net floor area. The "net floor area" is defined as the total floor area less permanent concourses, stairways, lobbies, elevator shafts, bathrooms, closets, storage rooms and other similar areas which do not contribute to the occupant load of the building.

Fractional requirements. When units of measurements used in computing the number of required off-street parking, loading and stacking space result in the requirement of a fractional space, the nearest whole number of off-street parking spaces shall be required;

Off-site provisions. If the required number of off-street parking spaces or standing space required by this Code cannot be reasonably provided on the same lot on which the principal use is conducted, the Town Board may, notwithstanding other Code provisions, permit such space be provided on other off-street property, provided that such space lies within 500 feet of the main entrance to such principal use and is in the same zoning district. Such vehicle parking area shall be deemed to be required parking associated with the permitted use and not thereafter be reduced or encroached upon in any manner. Such parking area shall be available in perpetuity for the life of the principal use. If the off-site parking area is not owned by the owner of the principal use and such available parking is created by lease or other private arrangement, then a deed restriction or other legal guarantee acceptable to the Town Attorney must be provided prior to a certificate of occupancy being issued for the principal use.

Pavement surface. All off-street parking areas shall be paved with bituminous macadam or concrete. The use of stone or millings shall not be used for off-street parking areas. Such surface materials may be utilized for exterior storage yards where there is no storage or handling of hazardous materials which could negatively impact groundwater resources.

Drainage. All newly constructed parking areas or enlargement of existing parking areas must be properly drained. All surface waters from a parking area and adjacent building rooftops must be intercepted by use of drainage intakes and piped to an on-site drainage system with no net increase in stormwater discharges off the premises. A stormwater drainage design for a parking area must be prepared by a New York State licensed professional engineer or architect and be supported with drainage calculations.

Drive-through service windows for restaurants: 12 queue spaces.

Drive-through service tellers for banks: five queue spaces per teller, ATM or pneumatic tube dispenser.

Automated car wash: as required based on market demand study, but no less than 20 queue spaces.

All lighting must utilize freestanding light poles and downlight parking areas, with a total mounting height above grade not to exceed 25 feet.

All lights shall be shoebox style with nonadjustable heads and flat lenses.

All electrical wiring of lights shall be underground, with no overhead connections.

Lights and support poles shall be black or brown in color. The use of wooden utility poles for lighting is not permitted.

All new parking areas or enlargement of existing parking areas shall be visually screened from any adjacent lot (including lots situated across a street) which is situated within an AR-Agricultural Residential, HR-Hamlet Residential District or existing residential use in the following manner:

Any parking area established for the storage of vehicles which are unlicensed and/or inoperative and awaiting repair shall be screened from view off the property by a solid wood board fence with a minimum fence height of six feet.

Intent. It is the intent of this section to promote the public health, safety and general welfare of the community by requiring the landscaping of all commercial developments and by requiring landscaping to be an integral component of a commercial development. The preservation of existing flora and/or the replacement flora displaced by commercial development contributes to the character of a community and provides a betterment to the quality of life for the residents and individuals doing business with the Town. This section is further established to provide minimum standards and criteria for the placement of landscaping; reduce the effects of wind and air turbulence, heat, noise and automobile headlight glare; reduce the level of carbon dioxide and provide pure oxygen to the atmosphere; provide shade value to parking and other open areas; prevent soil erosion and to improve the viewshed of road corridors.

All commercial developments which require site plan approval shall provide landscape areas which are not less than 30% of the entire project site.

Parking areas for 25 or more vehicle shall reserve 10% of the impervious area for interior landscaping. Interior landscaping shall be comprised of interior islands curbed with six-inch-high, poured-in-place concrete curbing or granite curbing.

Interior islands within parking areas shall be provided with shade trees having a minimum caliper of 2.5 inches.

The perimeter of all parking areas shall be provided with shade trees having a minimum caliper of 2.5 inches and a spacing between trees no greater than 40 feet on centers.

All trees required as part of an approved site plan shall be No. 1 grade according to the New York State Nurseryman's Standards and be balled and burlaped and properly staked.

All coniferous trees required as part of an approved site plan shall have a minimum height of five feet. All deciduous shade trees for parking areas, street/roadway plantings and shading of perimeters areas shall have a minimum caliper of 2.5 inches.

Plastic or artificial plantings shall not be permitted.

The primary emphasis of landscaped areas shall be on trees. Shrubbery, hedges, grass and other vegetation shall be used to complement the use of trees but shall not be the primary emphasis of a landscaping scheme.

All disturbed areas proposed for lawns shall be provided with a minimum of three inches of topsoil and seeded to establish a 90% germination rate.

All site plans shall show a landscaping layer indicating the location of all trees, low-level plantings, material to be utilized in landscape beds and specifications for establishing lawn areas.

A planting schedule shall be provided, showing the quantity of each tree or shrub specie, its common name and its minimum size.

A planting detail shall be provided for coniferous/deciduous trees and shrubs, showing soil mix for each, and tree staking requirements.

Details of any proposed fencing, retaining walls or other site features shall also be provided on the site plan.

Prior to stripping of soil, the grading, filling or alteration of the natural topography of land within the Town of Sardinia, a grading plan must be approved by the Town Code Enforcement Officer. All such grade changes shall be for the purposes of an approved land use or permitted construction activity. Soil disturbances of one acre or greater shall require an approved State Pollutant Discharge Elimination System (SPDES) permit before such activities can be approved by the Town.

Preparation of soils for agricultural farming and crop production are exempt from requirements of this section.

A principal use specified in one zoning district shall not be established as an accessory use in another zoning district unless such use is listed as a permitted use. Such accessory use must be customarily incidental and subordinate to the principal use and located on the same lot therewith.

Accessory uses shall not be established prior to the establishment of a principal use, unless listed as permitted by this chapter through a Zoning Board of Appeals special use permit.

Construction trailers used in conjunction with a construction project shall be permitted on a construction site for which a valid building permit has been issued by the Town Code Enforcement Officer. Such trailer must be a minimum of 10 feet from any property line.

Temporary signs related to a construction project for a contractor, design professional or to provide project information. Such signs shall not exceed 32 square feet in area, shall not be placed within the road right-of-way and shall be removed once the project is completed.

The temporary sales of products, wares or similar merchandise which are not accessory or materially affiliated to a business on premises, including but not limited to the sale of artwork, rugs, furniture, foodstuffs, Christmas trees/seasonal products and similar consumer goods. Such temporary sales shall be permitted subject to the issuance of a temporary use permit by the Zoning Board of Appeals consistent with § 115-100 of this chapter.

Temporary buildings as defined in this chapter may be permitted for seasonal use subject to an approved building permit and consistent with the minimum required yard and maximum size requirements of this chapter. Temporary buildings used in conjunction with the temporary sales of products as listed in Subsection C of this section, above, must have an approved temporary permit and location plan by the Zoning Board of Appeals prior to a building permit issued by the Town Code Enforcement Officer.

Height exceptions. The height limitations established within the Schedule of Yard, Bulk Lot Area and Heights[1] shall not apply to chimneys, church spires and belfries, water tanks or necessary mechanical features not occupying more than 1/10 of the roof area.

Lot frontage on street. No dwelling shall be erected on any lot which does not have immediate frontage on a legal right-of-way to an existing platted street or highway.

Minimum required front yard depth-widened streets. Properties fronting streets which are widened or proposed to be widened after the adoption of this chapter shall meet the minimum required front yard depth as shown in the Schedule of Yard, Bulk Lot Area and Heights for any new structure or accessory use from the widened street right-of-way.

Permitted projections or obstructions within required yards. None of the following uses, structures or parts of structures shall be considered as obstructions when located as specified.

Visibility at intersections. No fence, wall, sign, hedge, shrub planting or tree foliage which obstructs sight lines at elevations between two feet and six feet above the roadway or sidewalk shall be placed or permitted to remain on any corner lot in the triangular area formed by intersection street property lines and a line connecting them at points 50 feet distant from their intersection or, in the case of a rounded or cutoff corner, from the intersection of such lines extended.

Dumping of garbage, refuse, rubbish or trash is prohibited on any private property unless within an approved municipal landfill. The storage or stockpiling of garbage, refuse, rubbish or trash shall also be prohibited on any private property for any extended period of time. All such waste items may be maintained on private property until normally scheduled refuse pickup services.[1]

All sanitary facilities constructed for the purpose of disposing residential sanitary waste or commercial effluent shall be done in accordance with the minimum requirements of the New York State Uniform Fire Prevention and Building Code and with an approved permit issued by the Erie County Health Department to construct such private individual waste disposal systems.