Spencerport City Zoning Code
ARTICLE III
B Districts: Commercial
§ 340-18 Intent.
It is the intent of the B District to provide for locations for retail businesses, wholesale businesses, offices and similar uses. Due to unique characteristics found in certain areas of the Village, the B District is divided into three subclasses, which, while each providing for the same general uses, take into account the different historical, physical and architectural characteristics of different areas of the Village.
§ 340-19 Permitted uses; all B District categories.
A.
Except as herein limited or provided, the following uses are permitted in all B District categories:
(2)
Insurance agencies.
(3)
Office buildings for office use.
(4)
Barbershops and beauty shops.
(5)
Baking and confectionery stores.
(6)
Ice cream parlors.
(7)
Tailoring.
(8)
Plumbing, heating, appliance and electrical stores.
(9)
The operating of a printing establishment to print newspapers, magazines and other items.
(10)
Dry cleaning, provided without the use of on-site solvents.
(12)
Vending carts for the sale of prepared food products.
B.
The following uses shall be permitted in all B District categories, subject in each case to the granting of a special permit by the Zoning Board of Appeals after a public hearing as provided in Article IX:
(1)
Pool and billiard rooms.
(2)
Dry-cleaning establishments with the use of solvents on site.
(3)
New car dealers.
(4)
Hotels and motels.
(5)
Public utilities.
(6)
Residential uses, provided that such residential use is secondary to a primary commercial use and does not interfere with the commercial use or nearby commercial uses and does not occur on the ground floor of the property.
(7)
Indoor recreation uses.
(8)
Health care facilities.
(9)
Any other business or commercial uses not specifically enumerated herein and which is substantially the same as those enumerated herein and not specifically prohibited in § 340-20 upon a special permit from the Zoning Board of Appeals, after notice and a public hearing as provided in Article IX of this chapter and in accordance with the standards and safeguards set forth in Article IX of this chapter. In issuing this permit, the Zoning Board of Appeals shall set forth its reasons for making its finding of being substantially the same.
§ 340-20 Prohibited uses.
Prohibited uses in all B Districts are as follows:
A.
Automobile dismantling or junkyards.
B.
Used car lots.
C.
Junk, scrap metal or paper or rag storage, cloth clippings, sorting or baling.
D.
Garbage, rubbish or refuse dumps other than on Village property.
F.
Industrial uses.
G.
Billboards.
H.
Pawnshops and collateral loan brokerages.
I.
Outdoor seating or areas for dining and/or consumption of beverages within any public right-of-way, including those sidewalks owned by the Village of Spencerport or other municipal body.
J.
All uses that are not expressly permitted.
§ 340-21 B-1 District (Canal bridge south to West Avenue).
It is the intent of the B-1 District to preserve the historical characteristics of this area of the Village commonly known as "Canal Town" and to encourage the rehabilitation of existing structures, redevelopment of structures which have been destroyed or demolished and to set standards for the development of new structures which will complement the buildings already located in the B-1 District and foster increased growth and economic development in this core area of the Village. The businesses in this area are accessed by pedestrian and motor vehicle traffic and, by virtue of their location, easily reachable by pedestrians.
A.
Additional permitted uses.
B.
The following uses shall be permitted in the B-1 District, subject in each case to the granting of a special permit by the Zoning Board of Appeals after a public hearing as provided in Article IX:
(1)
Sit-down and carryout restaurants, including, as an accessory use, drive-through or drive-up service.
C.
D.
Parking requirements. Parking requirements shall be based on the type of business as set forth in § 340-29, because this central business district is serviced by Village-owned and -maintained parking lots, the Zoning Board of Appeals may consider the availability of parking in Village-owned and -maintained lots and reduce the number of on-site parking spaces accordingly.
(1)
Such Board shall state the reasons, in writing, and shall take the following criteria into consideration:
(a)
The type of business.
(b)
The operating hours of the business.
(c)
The type and nature of other businesses using municipal lots in the B-1 District and their hours of operation.
(d)
The most recent parking reports prepared by any board designated by the Village Board to prepare said reports.
(e)
The stated purposes of the B-1 District.
(f)
Where relevant, a review of any reports prepared by the applicant or another party interested in the application.
(g)
Any other criteria as the reviewing board shall determine to be relevant.
(2)
Under no circumstances shall any board have the power to designate or allocate specific spaces to any business or businesses under this section.
F.
Exterior lighting: as contained in the Architectural Design Standards, which is a separate local law.
G.
Architectural requirements, including roofs, siding material, windows, window treatments, awnings and entrances shall be as set forth in the Architectural Design Standards, which is a separate local law.
H.
Signs: as contained in the Architectural Design Standards, which is a separate local law.
§ 340-22 B-2 District (West Avenue south to bridge abutments/former railroad bridge, canal bridge north to Village line, everything not in B-1 or B-3).
The B-2 District recognizes that this district contains several structures which do not currently have the characteristics of the B-1 District but are in close proximity to, and visible from, the B-1 District. In creating this classification, the Village Board seeks to allow the existing structures to continue but to encourage their redesign, redevelopment and, where appropriate, reconstruction in better harmony with a Canal Town theme while taking into account the different site characteristics of the properties located within the B-2 District. While this area is accessible by pedestrians, most users access the businesses by motor vehicles.
B.
The following uses shall be permitted in the B-2 District, subject in each case to the granting of a special permit by the Zoning Board of Appeals after a public hearing as provided in Article IX:
C.
D.
Parking requirements. Parking requirements shall be based on the type of business as set forth in § 340-29, Off-street parking.
F.
Exterior lighting: as contained in the Architectural Design Standards, which is a separate local law.
G.
Architectural requirements, including roofs, siding material, windows, window treatments, awnings and entrances shall be as set forth in the Architectural Design Standards, which is a separate local law.
H.
Signs: as contained in the Architectural Design Standards, which is a separate local law.
§ 340-23 B-3 District (Union Street from cemetery south, including Nichols Street and Brockport Road).
The B-3 District is the entrance to the Village from the south along Routes 31 and 259 and is generally visible from Route 531. This area has been the focus of recent commercial development. While not visible from, or adjacent to, the Canal Town area, this entry area sets the tone for the Village for a large percentage of the visitors entering the Village. The intent is to continue to foster development in this area while recognizing that the nature of the area is such that most users arrive in motor vehicles. In creating this classification, the Village Board seeks to allow the existing structures to continue but to encourage their redesign, redevelopment and, where appropriate, reconstruction in better harmony with a Canal Town theme while taking into account the different site characteristics and character of existing buildings which have been constructed in the recent past of the properties located within the B-3 District.
B.
The following uses shall be permitted in the B-3 District, subject in each case to the granting of a special permit by the Zoning Board of Appeals after a public hearing as provided in Article IX:
(1)
Sit-down and carryout restaurants, including, as an accessory use, drive-through or drive-up service.
(2)
Day-care centers.
(3)
Gasoline filling stations.
(4)
Convenience stores.
(5)
Car washes.
(6)
Automobile showrooms. The use permitted hereunder shall be limited to new automobile sales and to service shops, both conducted within an enclosed building as one business enterprise, and to sales of such used cars as are taken in trade.
C.
D.
Parking requirements. Parking requirements shall be based on the type of business as set forth in § 340-29, Off-street parking.
F.
Exterior lighting: as contained in the Architectural Design Standards, which is a separate local law.
G.
Architectural requirements, including roofs, siding material, windows, window treatments, awnings and entrances shall be a set forth in the Architectural Design Standards, which is a separate local law.
H.
Signs: as contained in the Architectural Design Standards, which is a separate local law.