West Seneca City Zoning Code
ARTICLE X
Nonresidential Design Standards and Guidelines
§ 120-65 Establishment of Town-wide standards and guidelines.
A.
Purpose and intent.
(1)
The purpose of these design standards and guidelines is to describe the desired future development pattern, form, massing, site layout, and architectural detailing for nonresidential and multifamily development in the Town of West Seneca, regardless of the zoning district in which it is to be located.
(2)
The intent of applying these standards is to foster a combination of appropriately scaled land uses and activities that support the vision and policies contained in the Town's Comprehensive Plan for increased walkability, and to improve the quality of our nonresidential and multifamily architecture and site plans. In order to accomplish this, the construction or alteration of all nonresidential and multifamily developments within West Seneca shall be in harmony with the objectives listed in the following sections.
B.
Applicability.
(1)
This article shall apply to all nonresidential and multifamily developments occurring within the Town of West Seneca. These Town-wide nonresidential design standards and guidelines are to be consulted and applied during the review of site plan applications before the Planning Board for the construction, reconstruction, alteration, or expansion of nonresidential and multifamily development in the Town.
(2)
In the event that any of the terms of this article conflict with other provisions within the Code of the Town of West Seneca, the provisions of this article shall take precedence except as otherwise provided or required by state or federal law.
C.
Objectives. This article is designed to ensure nonresidential and multifamily development within the Town of West Seneca achieves the following:
(1)
Creates lively, pedestrian-friendly, and attractive buildings, sites, open spaces, and streetscapes where residents and visitors enjoy walking, biking, and driving.
(2)
Encourages the creation of dynamic public activity centers for the benefit of residents and visitors alike.
(3)
Develops office and industrial parks to resemble a campus-like environment that incorporates open space and pedestrian amenities where appropriate.
(4)
Requires that future private development positively contributes to the public realm and ensures compatibility with surrounding developments so as not to detract from the overall streetscape.
(5)
Utilizes good site planning techniques that provide visual interest and accommodate multimodal travel such as varying building massing, emphasizing street corners, highlighting points of entry, and integrating multimodal site circulation and access between uses.
(6)
Encourages the development of buildings consistent with the goals of the Leadership in Energy and Environmental Design (LEED) program.
(7)
Ensures that new buildings and sites do not negatively impact adjacent residential uses, respecting their existing scale and character.
D.
Site plan review required.
(1)
In order to ensure that proposals for newly constructed or altered developments, sites, and structures are consistent with the regulations set forth in this article, it shall be required for said property owners and/or their agents to apply for Planning Board approval via the site plan review process (see Chapter 102).
(2)
The Planning Board shall issue its decision based on the project review criteria listed in § 102-12, as well as conformance with the guidelines and standards set forth in this article.
(3)
The Planning Board may request additional site plan application materials as necessary to perform a complete review of the proposed project with respect to these additional design standards and guidelines.
(4)
The Planning Board may waive required site plan application materials should there be a unanimous decision that said materials are unnecessary for review.
§ 120-66 Site planning.
A.
Intent and applicability. This section primarily addresses the organization of a proposed project's site plan components. They are intended to regulate the location of structures and site features such as parking lots, open space, and service areas, as well as the organization of circulation patterns for vehicles, bicycles, and pedestrians in order to best achieve the purpose and objectives of this article.
B.
Projects with multiple buildings.
(1)
Projects with multiple buildings shall be sited with pedestrian connections between structures, parking areas, and adjacent uses in a manner consistent with Subsection E of this section.
(2)
Multiple structures shall be placed in a campus-like fashion that creates a well-organized, accessible, and functional site. The Town encourages site layouts that create a unique sense of place, including public and open space, and do not result in large parking lots lacking landscaping or pedestrian accommodations.
C.
Pad sites and buildings.
(1)
Pad sites, also known as outparcels, shall be designed and located as follows to ensure that the traditional, "strip commercial" center type developments are avoided along major corridors within the Town and within multibuilding developments.
(2)
The number, location, and design of independent pad sites shall reinforce, rather than obscure, the identity and function of the primary commercial development.
(3)
To the maximum extent practicable, pad sites shall be clustered together to define street edges and entry points or to enclose and create usable places between buildings. The even dispersal of pad sites in a widely-spaced pattern within the development, even if along the street edge(s), is discouraged (see Figure 1).
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(4)
Wherever practicable, spaces between adjoining pad site buildings should be improved to provide small pockets (preferably heavily landscaped) of customer parking, pedestrian connections, small-scale project amenities, or focal points. Examples include but are not limited to:
(5)
All facades of a building located on a pad site shall be treated as a primary facade to provide consistent and uninterrupted architectural detailing and styling on all sides. The facade containing the primary customer entrance may be oriented in a variety of ways, including, but not limited to, toward the primary access street, toward an internal "main street," framing a primary entrance to the development or center, toward the side (especially when that side faces another pad site building), or toward the interior of the development.
(6)
Pad site entrances are appropriate locations to express individual building character or identity. Customer entrances shall be emphasized through incorporation of a building recess, projection, canopy, or similar design element.
D.
Freestanding kiosks and automated teller machine (ATM) structures.
(1)
All kiosk-type buildings and structures shall be integrated with the overall development, and shall be subject to the same guidelines as all other buildings within the development.
(2)
Freestanding kiosks and drive-up ATM structures shall not be located along the primary access street frontage.
(3)
Access to a freestanding kiosk or drive-up ATM structure shall not be from the adjacent public streets. Access shall be from drives and streets internal to the development.
E.
Pedestrian access and circulation. An on-site system of pedestrian accommodations shall be designed to provide direct access and connections between primary entrances, exits, sidewalks, walkways, adjacent land uses, and adjacent public spaces where appropriate. The following regulations shall also apply:
(1)
Pedestrian access and circulation patterns shall be shielded and separated from vehicular patterns where possible.
(2)
Designated crosswalks shall be located between primary building entrances and exits as well as parking facilities.
(3)
Sidewalks and walkways shall be constructed along the entire frontage length at a minimum width of five feet or consistent with adjacent sidewalk widths, or wider at the discretion of the Planning Board based on anticipated pedestrian volumes.
(4)
Sidewalks and walkways shall be constructed to provide access from principal building entrances to the sidewalk system.
(5)
Where possible, sidewalks and walkways shall traverse parking lot medians and islands to permit safe and efficient pedestrian travel from parked vehicles to building entrances.
(6)
Safe, convenient, and efficient pedestrian circulation patterns shall be provided between structures in a multiple structure development.
(7)
Sidewalks, walkways, and/or plazas shall be provided with weather protection (e.g., shade trees, awnings/canopies) and appropriate pedestrian amenities (e.g., street tree grates, outdoor seating, trash cans, sidewalk displays, public art, etc.).
F.
Bicycle accommodations.
(1)
Bicycle circulation patterns shall be shielded and separated from vehicular patterns where possible with the use of shoulders and/or bicycle lanes.
(2)
Bicycle parking shall be provided at 10% of the motorized vehicle parking requirements but not less than two bicycle spaces and not more than 20 bicycle spaces for any use.
(3)
Designated bicycle parking facilities shall be provided at building entrances. Additional bicycle accommodations, such as bicycle lockers or shared bicycle services, are encouraged.
(4)
Safe, convenient, and efficient bicycle circulation patterns shall be provided between structures in a multiple-structure development.
G.
Vehicular circulation.
(1)
Vehicular circulation patterns shall be designed to minimize potential conflicts between vehicles and pedestrians.
(2)
Parking and vehicle circulation patterns shall be designed to reduce speeds and increase pedestrian friendliness, efficiency, and convenience.
(3)
To the extent practicable, nonresidential and mixed-use sites shall be designed to provide cross access and a unified circulation pattern with adjacent sites. Techniques to achieve this include, but are not limited to, shared driveways, shared access roads and cross access easements.
(4)
To the extent practicable, common or shared service and delivery access shall be provided between adjacent parcels and/or buildings.
(5)
Access easements may be required so that pad sites or adjacent parcels have adequate access if ownership patterns change.
(6)
Drive-through facilities and associated drive lanes shall be located in either the side yard or rear yard.
H.
Public transit stops and access.
(1)
Public transit stops shall be constructed to the standards set forth by the Niagara Frontier Transportation Authority, on an easement provided to the Town of West Seneca, with siting and design requiring approval by the Planning Board.
(2)
Transit stops that are integrated into the development as a feature of a primary structure or as part of an open space feature are encouraged by the Town.
(3)
In all instances, transit stops shall be accessible and integrated into the pedestrian circulation system and must include uninterrupted sidewalk and crosswalk access to principal building entrances.
(4)
Adequate space for an immediate or eventual transit stop must be allocated during the site plan review process if the principal building entrance is greater than 800 feet from an existing transit stop. Actual provision of such transit stop shall be coordinated with the Niagara Frontier Transportation Authority.
§ 120-67 Off-street parking design.
A.
Intent and applicability. This section is intended to address the location, arrangement, orientation, design, and size of off-street parking spaces and lots in an effort to best achieve the purpose and objectives of this article. The following design regulations are to be applied in addition to the off-street parking lot and space requirements for nonresidential and multifamily developments as defined in Article IV of this chapter.
B.
Location of parking facilities.
(1)
Off-street parking may be located in any front, side, or rear yard, or underground. Side yard parking shall be located a minimum of 10 feet behind the front facade.
(2)
Front yard parking, including access to parking, shall not exceed 30% of the frontage of the lot on which it serves (see Figure 2).
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(3)
For sites proposed with multiple structures, the use of shared, central courtyard parking is encouraged.
(4)
Front yard parking shall be prohibited on any lot fronting Union Street.
(5)
Corner lots shall be considered to have two front yards.
C.
Arrangement of parking facilities.
(1)
Parking lots shall be arranged so that long uninterrupted views across large areas of parking are not visible from the primary access road. In order to reduce the scale of parking areas, the total amount of parking provided shall be broken up into parking blocks containing not more than 40 spaces.
(2)
Each parking block shall be separated from other parking blocks by buildings, access drives with adjacent landscaped areas at least 10 feet wide, a landscaped median or berm at least 10 feet wide, or by a pedestrian walkway or sidewalk within a landscaped median at least 10 feet wide (see Figure 3[1]).
(3)
Each parking block shall have consistent design angles for all parking within the block.
(4)
Parking blocks should be oriented to buildings to allow pedestrian movement down and not across rows (typically with parking drive aisles perpendicular to customer entrances).
E.
Curbing and bump stops. Concrete or granite curbing around parking areas shall be used to delineate vehicular and pedestrian zones and to control drainage, unless otherwise approved by the Planning Board. Asphalt or wood curbing is not permitted.
F.
Shared parking.
(1)
Shared parking is encouraged to promote efficient use of land and resources by allowing users to share off-street parking facilities for uses located within close proximity to one another with different peak parking demands or different operating hours (see Figure 3[2]).
(2)
The Planning Board may approve shared use of parking facilities located on the same property or on separate properties if, in the opinion of the Planning Board:
(a)
A convenient pedestrian connection between the properties exists;
(b)
The properties are within 500 feet of each other on the same side of the street or within 250 feet of each other on opposite sides of the street; and
(c)
The availability of parking for all affected properties is indicated by approved directional signs.
(3)
When determining the number of off-street parking spaces required for shared parking facilities, the following shall apply.
(a)
Where the uses to be served by shared parking do not have overlapping hours of operation, the property owner or owners shall provide parking stalls equal to the greater of the applicable individual parking requirements.
(b)
Where the uses to be served by shared parking have overlapping hours of operation, the property owner or owners shall provide parking stalls equal to the total of the individual parking requirements. If the following criteria are met, that total may be reduced by 15%:
§ 120-68 Landscaping and screening.
A.
Intent and applicability. Landscaping and screening shall be designed as an integral part of every nonresidential and multifamily development project as opposed to being merely located in leftover or unused portions of a site. The following landscaping and screening regulations are intended to visually tie the entire development together, help to define and announce entryways and circulation patterns (both vehicular and pedestrian), and, where appropriate, help buffer less intensive adjacent land uses. These regulations shall help to minimize the expansive appearance of parking lots, provide shaded areas for pedestrians, and soften hard edges of buildings and parking lots in an effort to achieve the purpose and objectives of this article.
B.
Site landscaping.
(1)
Site landscaping shall be required at the location of all entrances, exits, and signage.
(2)
Building setback areas along streets, accessways, or along private drives shall be landscaped with a minimum of one tree for every 40 feet of linear frontage.
(3)
Building setback areas shall include compact massings of ornamental plant material, such as ornamental trees, flowering shrubs, perennials, and ground covers, at a minimum of one plant for every 10 feet of linear frontage.
(4)
Landscaping shall observe the regulations set forth in § 120-33 of the Town of West Seneca Code, Visibility at intersections.
(5)
Plantings should decrease in size and increase in detail, color, and variety near entryways into developments.
(6)
Planting shall be limited to species endemic, indigenous, hardy, and those known to be noninvasive to this area. Plants should be consistent with the most current USDA Plant Hardiness Zone for the Town of West Seneca (Zone 6a - Average Annual Extreme Minimum Temperature of -10° F. to -5° F., accessed July 2016).
C.
Foundation landscaping.
(1)
Building foundation landscaping shall be provided along the front facade as well as any facades visible from the public right-of-way.
(2)
At least one tree shall be provided for each 30 linear feet of the facade.
(3)
At least one shrub shall be provided for each five linear feet of the facade.
(4)
Foundation plantings shall consist of woody and/or herbaceous, deciduous, and/or coniferous shrubs, trees, and groundcovers, and shall not be limited to annual/perennial-type plant materials.
(5)
In instances where outdoor seating is desired in the frontage of the lot, foundation landscaping may be waived by the Planning Board, or can be used to create a seating courtyard area.
(6)
Plantings should decrease in size and increase in detail, color, and variety near entryways into buildings.
D.
Minimum plant size. Unless otherwise permitted by the Planning Board, all trees and plant materials proposed shall meet the following minimum size standards:
(1)
Deciduous trees shall be at least 2 1/2 inches in caliper, unless located in the side or rear yard, where they may be a minimum of 1 1/2 inches in caliper.
(2)
Evergreen trees shall be five feet in height, unless located in the side or rear yard, where they may be a minimum of four feet in height.
(3)
Deciduous shrubs shall be at least 24 inches in height, unless located in the side or rear yard, where they may be a minimum of 15 inches in height.
(4)
Evergreen shrubs shall be a minimum of 18 inches in height, unless located in the side or rear yard, where they may be a minimum of 12 inches in height.
E.
Fences and walls. When a development includes a fence or wall, the following guidelines and standards shall apply. This section does not apply to required retaining walls.
(1)
The maximum height and setback for fences and walls shall comply with the regulations set for the district in which they are located (see § 120-39).
(2)
A rear lot line and/or an interior side lot line that abuts a residential use or district shall require additional screening. Screening may include a dense, natural hedge reaching a height of five feet within three years or by a solid fence or masonry wall at least five feet in height.
(3)
No fence located in a front yard shall be more than 50% opaque, unless otherwise approved by the Planning Board.
(4)
Walls and fences shall be constructed of high-quality materials, such as decorative blocks, brick, stone, treated wood, vinyl, hardy plank, and wrought iron. Prohibited materials include:
(5)
Breaks in the length of a fence shall be made to provide pedestrian connections to the perimeter of a site or to adjacent development.
(6)
The maximum length of continuous, unbroken, and uninterrupted fence or wall plane shall be 50 feet. Breaks shall be provided through the use of columns, landscaping pockets, transparent sections, and/or a change to different materials.
(7)
Fences and walls shall be set back from the front and side lot line to allow a landscape setback area. Such setback area shall be landscaped with a turf, shrubs, and/or trees, using a variety of species to provide seasonal color and plant variety.
(8)
Use of landscaping beyond the minimum required in these standards is strongly encouraged to soften the visual impact of fences and walls.
F.
Parking lot landscaping.
(1)
Parking lot medians shall be required between parking blocks (maximum 40 parking spaces). Medians shall be a minimum of 10 feet in width, and shall be planted to provide visual buffering between sections to a density and arrangement deemed appropriate by the Planning Board.
(2)
At least one landscaped island with a minimum width of five feet and minimum size of 160 square feet shall be provided for every 20 parking spaces.
(3)
Circulatory drive aisles and landscaped islands shall be installed such that no more than 20 parking spaces in a single row, or 40 in a double row, shall go uninterrupted.
(4)
The primary landscaping materials used in parking lots shall be trees, which provide shade or are capable of providing shade at maturity. Shrubbery, hedges and other planting materials may be used to complement the tree landscaping, but shall not be the sole means of landscaping. All parking lot landscaping shall be salt tolerant. Effective use of earth berms and existing topography is also encouraged as a component of the landscaping plan.
(5)
One shade tree shall be planted for every 10 parking spaces. Trees located in paved areas shall be provided with adequate tree pits to permit proper watering.
(6)
Landscaped berms shall be at least 10 feet wide, a maximum of three feet high, and include a maximum slope of 3:1.
(7)
Existing parking lots located along the front setback shall be buffered and/or screened from view using landscaping, attractive fencing consisting of natural materials that does not exceed four feet in height, or a combination of landscaping and fencing.
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§ 120-69 Architectural guidelines and standards.
A.
Intent and applicability. The following architectural guidelines and standards are intended to address the exterior elements of nonresidential and multifamily buildings and structures so as to define the appearance of a building's roofs, windows, facade articulation, and architectural detailing. These regulations for architectural elements are intended to encourage new nonresidential and multifamily developments to promote the desired character and identity of the area in which they are located. Said character and identity shall relate to the recommendations of the community development strategy contained in the Town of West Seneca Comprehensive Plan, while also allowing for flexibility of expression at the individual building level. New construction, alterations, or renovations, including those incorporating contemporary styles, should have a high level of architectural integrity resulting in attractive, inviting, and visually interesting structures that positively contribute to the streetscape and walkability of the community as outlined in the purpose and objectives of this article.
B.
Building form and massing.
(1)
In instances where the front facade is greater than 50 feet in width, appropriate delineations and treatments shall be used to break up the appearance of a single facade (e.g., projecting entry or window features, recessed elements, transparent storefronts, identifiable retail spaces, and awning/entrance canopies), especially at ground level.
(2)
No facade shall exceed 50 feet in horizontal length without a change in facade plane. Changes in facade planes shall be no less than 1 1/2 feet in depth and no less than eight feet in length. Not less than 25% of the building wall shall be varied in this way. The intent of this standard is to avoid large, undifferentiated wall surfaces. Acceptable substitutes may be granted at the discretion of the Planning Board (see Figure 4).
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(4)
Ground floor facades of a single-story structure shall provide a minimum transparency of 30% (see Figure 5).
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(5)
Ground floor transparency shall be measured between two feet and 10 feet above the adjacent sidewalk.
(6)
The transparency of upper floor facade space may be reduced to provide a visual transition from the ground floor to upper floor uses. However, upper floor transparency shall not be less than 30%.
(7)
Building facades facing a parking area shall be at least 30% transparent between the height of two feet and 10 feet above the parking area grade for no less than 30% of the horizontal length of the facade.
C.
Architectural detailing. All buildings shall exhibit tripartite design, or a clearly defined base, midsection, and crown (see Figure 6). This can be accomplished using a combination of architectural detailing, material, textures, and colors. Said architectural detailing shall also comply with the following:
(1)
Foundation water table. Where appropriate, elements that add detail and define the foundation of the building are encouraged.
(2)
Roofs, cornices, eaves, overhangs, and parapets.
(a)
Elements that define the roof and the upper quartile of the facade shall incorporate design details that provide an added level of articulation to the architectural expression of the building.
(b)
To the maximum extent practicable, all roof-mounted mechanical equipment (e.g., HVAC systems, exhaust pipes, or elevator housing) shall be screened from view or isolated so as not to be visible from any public right-of-way or residential district within 150 feet of the subject lot, measured from a point that is five feet above grade. Screening shall be architecturally compatible with the style, materials, colors, and architectural detailing of the building.
(3)
Windows.
(a)
Windows shall be of a scale, proportion, and coverage appropriate to the overall style of architecture of the building.
(b)
First floor windows shall not be blocked in any manner that restricts visual access of up to three feet into the structure (e.g., furniture, signage, or other decorative elements may not block windows. Passersby should be able to view up to three feet into the window space).
(4)
Doors and entryways.
(a)
Doors and entryways shall be of a scale, proportion, and coverage appropriate to the overall style of architecture of the building.
(b)
Commercial buildings shall have a transparent primary entryway that will be considered as part of the overall transparency requirement for the building frontage.
(c)
Entryways shall be detailed and announced to the general public through the use of decorative trim, moldings, overhangs, and other defining architectural features such that its purpose as the primary entrance is evident from the street. The same treatment is encouraged for all secondary entryways near parking locations.
(5)
High-quality materials.
(a)
All exterior building walls and structures shall be constructed or clad with durable, economically maintained materials that retain their appearance over time, including, but not limited to, painted wood; natural or synthetic stone; brick; stucco; integrally colored, textured, or glazed concrete masonry units; high-quality prestressed concrete systems; exterior insulation finish systems (EIFS); or glass.
(b)
Concrete finishes or precast concrete panels that are not exposed aggregate, hammered, embossed, imprinted, sandblasted, or covered with a cement-based acrylic coating shall not be used as exterior building materials and shall be prohibited on all exterior walls.
(c)
All changes in building materials shall occur at inside corners.
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D.
Green infrastructure and building design.
(1)
Applicants are encouraged to consult the United States Green Building Council's Leadership in Energy and Environmental Design (LEED) certification program for guiding principles and industry best practices that may apply to their proposed development or alteration.
(2)
Alternative energy sources, such as solar panels or shingles, are encouraged and should be incorporated into the design of the building so as not to detract from the overall design.
(3)
Solar energy systems shall be restricted to the roof of the structure in which they are intended to serve.
(4)
Developers and builders are encouraged to utilize roofing materials that reflect sunlight (e.g., lighter colors) or incorporate vegetated roofing on at least 50% of the roof area. Methods such as these decrease heating and cooling needs on a building by reflecting sunlight rather than absorbing it.
(5)
The Planning Board may choose to waive applicable zoning district, site plan, landscaping, parking, or architectural regulations for development projects that incorporate green infrastructure or building materials to their satisfaction. Waivers of any such regulation of this chapter shall be proportional and related to the anticipated benefit of the green infrastructure or materials.
E.
Review assistance and referrals.
(1)
The Town Planning Board reserves the right to consult with any other board, commission, department, agency, and/or official it deems advisable for the purposes of design review and considerations.
(2)
The Town may also engage the services of engineers, planners, architects, or other professionals to aid in its review of developments and design. The applicant shall reimburse all costs incurred for such professional services to the Town.
§ 120-70 Union Road Corridor design standards.
A.
Purpose and intent. The purpose of these additional design-based criteria is to enhance and redefine the architectural character of the Union Road Corridor within the Town of West Seneca. In addition to the application of the Townwide nonresidential design guidelines and standards, this section is intended to ensure future development and redevelopment in and around the Union Road Corridor is compatible and harmonious with the desired character as outlined in the Town of West Seneca Comprehensive Plan. Projects subject to the requirements of this section shall achieve the following objectives:
(1)
Encourage a pedestrian-oriented and human-scaled right-of-way, public realm, and streetscape as well as promote safe pedestrian movement, access, and circulation along Union Road.
(2)
Develop and maintain a dense concentration of uses (commercial, office, civic, cultural, and residential) that creates a vibrant, vital mixed-use environment along Union Road that encourages sociability and multimodal activity for residents.
(3)
Promote the use of quality building materials and appropriately scaled architectural features that positively impact the relationship between private development and the public realm so as to enhance the streetscape as an aesthetically pleasing and inviting public space.
(4)
Require the placement and design of buildings to respect the traditional development pattern that is characterized by little-to-no front or side setbacks, common walls between buildings, and structures that are or appear to be at least two stories in height.
(5)
Minimize the visual presence of off-street parking by requiring it placed to the rear of the buildings and screened from view, and utilize alleys and rear entrances to provide safe and convenient access to rear yard parking and the rear of buildings.
(6)
Reestablish Ebenezer and Gardenville as the cultural and civic center of the Town and community life within West Seneca.
(7)
Promote the vitality of the Town of West Seneca's Union Road Corridor through the encouragement of redevelopment and economic reinvestment that increases property values, protects real estate investment, and attracts or enhances business within the Town.
(8)
Promote and protect the public health, safety, comfort, convenience and general welfare by providing for consistent and coordinated treatment of the properties along the Union Road Corridor.
B.
Applicability.
(1)
This section shall apply to all developments, sites, and structures, except single-family structures, located along the Union Road Corridor. This shall include, but is not limited to, all new builds, reconstructions, modifications, additions, expansions, and changes of exterior appearance to any existing building, structure, site, or development in part or in whole.
(2)
For the purposes of this article, the Union Road Corridor area is defined as the parcels directly fronting Union Road from the northern Town boundary to Cazenovia Creek, excluding the Manufacturing District portion south of Gemcor Drive and north of Route 400. The Union Road Corridor area shall also include the parcels directly fronting the following intersecting roadways along Union Road:
(a)
Clinton Street from Inter Drive (western boundary) to Weigand Street (eastern boundary);
(b)
Center Road from Washington Street (western boundary) to Cathedral Drive (eastern boundary);
(c)
Main Street from the West Seneca Police Department access drive (western boundary) to Mill Road (eastern boundary); and
(d)
Seneca Street from Highland Ave (western boundary) to Mill Road (eastern boundary).
C.
Site planning. The design guidelines and standards for site planning in the Union Road Corridor area shall be in conformance with the regulations set forth in § 120-66 of this article unless otherwise addressed by this section.
D.
Off-street parking design. In addition to the regulations set forth in § 120-67 of this article, the following off-street parking standards and guidelines shall apply:
(1)
No parking shall be permitted in the front yard.
(2)
Off-street parking may be located in the rear yard, side yard or underground. Side yard parking shall be located a minimum of 10 feet behind the front facade.
(3)
Parking areas are preferable to be accessed by alleys or rear access drives.
(4)
Parking areas shall be bounded by concrete or granite curbing to delineate vehicular and pedestrian zones and to control drainage, as needed.
(5)
Alternate paving materials, such as permeable pavement, brick or stone, and embossed asphalt, are encouraged.
E.
Landscaping and screening. The design guidelines and standards for landscaping and screening in the Union Road Corridor area shall be in conformance with the regulations set forth in § 120-68 of this article in addition to the following:
(1)
All nonresidential and multifamily developments on lots that abut a residential use to the side or rear shall provide additional landscaping and screening to the Planning Board's satisfaction to ensure an appropriate buffer is provided from vehicular parking and/or traffic.
F.
Union Road Corridor architectural standards.
(1)
Intent and applicability. These architectural standards shall be applied to the Union Road Corridor area in addition to the regulations of § 120-69. These additional guidelines and standards are intended to ensure new development defines a unique Union Road Corridor identity for the Town of West Seneca, while also allowing for flexibility of expression at the individual building level. New development or renovations, including those incorporating contemporary styles, should have a high level of architectural integrity resulting in attractive, inviting, and visually interesting structures. New development and renovations shall not detract from the desired pedestrian-scaled streetscape and walkability of the corridor, and should respect the documented historic character of Town of West Seneca where applicable. Should there be a conflict between this section and § 120-69, the Union Road Corridor area regulations shall take precedence.
(2)
Building placement and orientation. Placement refers to how a building is situated on the lot. Orientation refers to the location of a building's main axis or front facade.
(a)
The front facade of all structures shall be oriented to Union Road.
(b)
Buildings situated at corners shall be considered to have two front facades or primary facades. A corner structure should "wrap" the corner by continuing certain facade elements (such as the cornice or horizontal accent bands) on all street elevations (see Figure 7).
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(c)
Building orientation and main entrances should face Union Road and should be easily identifiable and scaled to the size of the street they are on.
(d)
The minimum front setback for lots within the Union Road Corridor area shall be zero feet.
(e)
The maximum front setback for lots within the Union Road Corridor area shall be 20 feet.
(f)
All other building and lot dimensional and bulk requirements shall be in conformance with the applicable zoning district. The Planning Board may provide relief from regulations listed elsewhere in the Zoning Code for the Union Road Corridor area that are found to be inconsistent with the purpose and objectives of this article.
(3)
Massing, proportion, and height. Massing refers to the volume and shape of a building. Proportion is the relationship between a building facade's width and its height.
(a)
All new development shall be at least two stories in height so as to achieve a strong visual "street edge." The Planning Board may permit one-story structures, provided that a varied, peaked roof or some other architectural element is included so as to appear to exceed one story in height.
(b)
All new development shall be of a similar massing and proportion to those of adjacent and nearby structures unless otherwise approved by the Planning Board.
(c)
Buildings which are "squat" in proportion or which have very strong horizontal elements that dominate the facade are discouraged.
(4)
Roof design. Roof design refers to the form and architectural style of the roof and how it presents itself to the street.
(a)
Longer buildings should provide fluctuations in the roofline which break up the long run of facade and which attract attention to key places such as entryways.
(b)
Air-handling equipment, antennas, satellite dishes and other mechanical equipment should be placed in such a manner as not to be visible from the street.
(c)
Flat roofs shall slope to the back of the building to provide proper drainage, and shall include an ornamental cornice.
(d)
Peaked or gable roofs are encouraged to include overhangs and ornamental brackets.
(5)
Facade composition and fenestration. Facade composition refers to the arrangement of facade elements in a recognizable and consistent composition. Fenestration refers to the depth, spacing, and rhythm of openings on a facade.
(a)
All facade elements.
[1]
The use of depth is encouraged to highlight facade openings such as windows to create a three-dimensional relief that produces shadows. Windows should not be mounted flush to the exterior of the facade (see Figure 8).
[2]
Pairs of window shutters may be used if determined to be typical of the style of building, but should be used consistently and should appear to actually cover the entire window opening when closed. Shutters should not be mounted flush to the exterior of the facade, but hung as if they were functioning on a hinge.
[3]
Storefront construction should be recessed enough at the point of entry to allow the door to swing out without obstructing the sidewalk.
(b)
First floor (see Figure 8).
[1]
The lower floor levels of a facade should provide the highest amount of facade opening and articulation. The ground floor should be very open and inviting to the pedestrian, and employ the strongest use of depth in the facade.
[2]
Display windows shall not be covered up, removed, or downsized. The use of opaque or heavily tinted glass is not permitted. If screening is necessary, interior blinds or curtains are encouraged.
[3]
Awning or transom windows are encouraged at the street level.
[4]
All entrances into upper floors shall be located to afford direct access from the sidewalk.
[5]
Corner buildings may have two separate entry points or a single entry point at the corner (see Figure 7).
(c)
Upper floors (see Figure 8).
[1]
Upper-floor openings shall be residential in size, proportion, and character and provide a reduced transparency than that of the first floor.
[2]
Upper-floor windows shall be double-hung with ornamental elements such as a flat stone lintel or hoodmolds.
[3]
The spacing of upper-floor openings shall match that of the major storefront elements on the first floor.
[4]
Lowered ceilings should have a soffit at each window that allows retention of the full window height.
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(6)
Building materials and textures.
(a)
The use of stucco, plastic panels, sheet metal, clear-coated aluminum, concrete block, or smooth concrete is prohibited.
(b)
The use of modern and/or nontraditional materials or textures may be permitted with Planning Board approval.
(c)
All wooden materials shall be finished using either stain or paint in order to protect them from the elements.
(d)
All metal materials shall be finished and colored to match the design of adjacent structures if deemed appropriate by the Planning Board.
(e)
All materials traditionally left unpainted, especially masonry elements, shall remain unpainted unless otherwise approved by the Planning Board.
(7)
Additional regulations.
(a)
Street level residential occupancies of multistory, mixed-use structures or structures originally designed for commercial purposes along Union Road shall be prohibited.
(b)
Any signs, awnings, and storefronts fronting the Union Road Corridor area shall be oriented and scaled to the pedestrian zone so as not to negatively impact the visual character of the street.
(c)
Existing historical architectural elements and features of buildings identified by the Planning Board shall be retained to the greatest extent practicable, unless otherwise permitted by the Planning Board.
(d)
Existing historical architectural elements and features of buildings identified by the Planning Board that are in need of repair or replacement shall be done so in kind by either reusing original materials or duplicating the design and materials of the original as closely as possible, unless otherwise permitted by the Planning Board.
(e)
In the event that historical architectural elements or features identified by the Planning Board have previously been removed or altered from original buildings, subsequent efforts to repair or replace these elements should be done in such a way to return the building to its original historic specifications as closely as possible.
G.
Demolition considerations.
(1)
Intent and applicability. The intent of this section is not to prohibit the demolition of structures along the designated Union Road Corridor, but to preserve existing structures that significantly contribute to the desired character or historical significance of the district. This section includes the expectation that owners will assume the role of caretakers for district structures, with responsibility for maintaining and protecting district buildings. Furthermore, this section shall have no limitation on the Town's ability to take any demolition action necessary to protect the health, safety, and welfare of the public.
(2)
Demolition approval. The demolition of any structure within the designated Union Road Corridor is considered an unlisted action under SEQR. Site plan approval of a proposed redevelopment plan for the property must be obtained from the Planning Board prior to the issuance of a demolition permit. The Planning Board shall grant the demolition and issue a demolition permit when the applicant submits suitable evidence that one or more of the following conditions exists:
(a)
The structure contains no features of architectural and historical significance contributing to the character of the district within which it is located.
(b)
The reasonable economic use for the structure as it exists or as it might be preserved is of such minimal level, and the reuse value of the property without the structure is of such level, that there exists no feasible and prudent alternative to demolition.
(c)
Deterioration has progressed to the point where it is not economically feasible to preserve and reuse the structure consistent with the standards of this article.
(d)
The proposed redevelopment is consistent with the purpose and objectives of this article.
(3)
Historical significance. The Planning Board will also consider the structure's architectural character, historical significance, and physical condition, and whether prohibiting demolition will deny the owner of economically viable use of his/her land. Principal structures will be afforded more protection than accessory buildings.
(4)
Safety hazards. The Town Board may grant relief from this provision if the structure is deemed to be an immediate and irreparable safety hazard by the Code Enforcement Officer.
(5)
Demolition without permit. Property owners who demolish buildings without obtaining approval of a demolition permit shall be required to rebuild the structure to its original historical specifications if deemed appropriate after consideration by the Planning Board. All expenses incurred as a result of said demolition and rebuild requirements shall be the responsibility of the property owner.
H.
Union Road sign regulations.
(1)
Purpose and intent. The purpose of these sign regulations is to allow for adequate identification of the location or occupant for a parcel of land while protecting public health, safety and general welfare. All signs and signing systems within the Union Road Corridor area are subject to the regulations of Chapter 120 as well as this section. These additional regulations serve to:
(a)
Ensure right to free speech as protected under the Constitution;
(b)
Protect property values, create a more attractive economic and business climate, and protect the physical appearance of the community;
(c)
Provide businesses with effective means of identification while reducing visual clutter through the prevention of excessive and confusing sign displays;
(d)
Encourage signs that respect the character and architecture of the building, site, and district in which they are displayed;
(e)
Reduce traffic conflicts or hazards by minimizing visual distractions or obstacles in or visible from the public rights-of-way;
(f)
Minimize the adverse effect of signs on nearby public and private property;
(g)
Avoid personal injury and property damage from unsafe or confusing signs; and
(h)
Establish a clear and impartial process for those seeking to install signs.
(2)
Traffic safety.
(a)
No sign shall be erected at or near any intersection of any streets, or alleys, or any railway and any street, in such a manner as to obstruct free and clear vision.
(b)
No sign shall be of a shape or color that may be confused with any authorized traffic control device.
(c)
No rotating beam, beacon, or flashing illumination resembling an emergency light shall be used in connection with any sign display.
(3)
Visibility at intersections. No sign shall interfere with the visibility of intersections as defined in § 120-33 of this chapter.
(4)
Prohibited signs. The following signs shall be prohibited:
(a)
Signs that contain words or pictures of an obscene or pornographic nature;
(b)
Signs that emit audible sounds, odor, or visible matter;
(c)
Signs that interfere with official traffic lights or traffic control devices;
(e)
Signs with unshielded lighting devices or reflectors placed to outline or provide the background of a sign;
(f)
Signs with mirrors;
(g)
Signs placed on a curb, sidewalk, hydrant, utility pole, trees or other objects located on or in any street or within the public right-of-way;
(h)
Signs, banners, or pennants mounted on or extending above the roof of any building or structure; and
(i)
Signs that are defined as "pedestal signs."
§ 120-71 Definitions.
A.
Word usage and interpretation. Except where specifically defined in Chapter 120, all words used in this article shall carry their customary meanings. Words used in the present tense shall include the future tense, and the plural includes the singular, unless the natural construction of the term indicates otherwise.
(1)
The term "person" includes a firm, association, organization, partnership, trust, company, corporation, individual, or any other entity.
(2)
The term "shall" is mandatory and directory.
(3)
The term "may" is permissive.
(4)
The term "lot" includes the words "plot," "parcel," "tract," or "site."
(5)
The term "building" includes the word "structure."
(6)
The terms "premises" or "property" include a lot and all buildings or structures thereon.
(7)
The phrases "to erect," "to construct" and "to build" a building or structure each have the same meaning and also include "to excavate" for a building and "to relocate" a building by moving it from one location to another.
(8)
Unless otherwise specified, all distances shall be measured horizontally along the ground.
B. APPROVAL ARCHITECTURAL FEATURE AWNING
BERM BLOCK BUFFER BULK
CALIPER CHARACTER COMPATIBLE(1) (2) (3) (4) CONIFEROUS CORNICE COURT CURB CURB LEVEL
DECIDUOUS DESIGN REVIEW/DESIGN CONTROL DESIGN STANDARDS DEVELOPMENT DRIVE-THROUGH FACILITIES DRIVEWAY
EASEMENT EAVE
FRONTAGE
GRADE, EXISTING GRADE, STREET
LANDSCAPING LOT LOT FRONTAGE LOT, CORNER
NONRESIDENTIAL USE
OPEN SPACE OWNER
PARAPET WALL PARKING AREA OR LOT PARKING FACILITY PARKING SPACE PAVING PEDESTRIAN-ORIENTED PROFESSIONAL PROFESSIONAL SERVICES PROPERTY LINE
RESIDENTIAL USE RIGHT-OF-WAY ROOFLINE
SETBACK SETBACK, FRONT SETBACK, REAR SETBACK, SIDE SETBACK, STREET SITE
USE
WALKWAY WHEEL STOP
Definitions. For the purposes of this article, the following words and terms shall be defined as listed.
A:
A favorable decision to an application that indicates acceptance and indicates that the terms of the application are satisfactory; includes both approval and approval with conditions.
Any portion of the outer surface of a structure, including the kind, color and texture of the building material, the type and style of all windows, doors, lights, signs, walls, fences, awnings, canopies, screens, sculptures, decoration, roof shape and materials, and other fixtures appurtenant to a structure; also referred to as "architectural detail."
A permanent overhanging shelter which projects from the face of a building.
B: |
A man-made earthen mound (usually from two to six feet in height) designed to provide visual interest on a site, screen undesirable views, reduce noise, or fulfill other such purposes.
The length of a street between two intersections.
A unit of land, together with a specified type and amount of planting and/or fencing thereon, which may be required to eliminate or minimize conflicts between land uses. Also referred to as "screening."
The size and scale of buildings and nonbuilding uses and the physical relationship of their size and scale in relation to the lot on which they are located. Bulk requirements include building height, building footprint, and lot coverage.
C: |
A horticultural method of measuring the diameter of nursery stock For trees less than four inches in diameter, the measurement should be taken at six inches above ground level. For trees greater than four inches in diameter up to and including 12 inches, the caliper measurement must be taken at 12 inches above the ground level. For trees greater than 12 inches in diameter, the trunk is measured at breast height (diameter at breast height or DBH), which is 4.5 feet above the ground.
The atmosphere or physical environment that is created by the combination of land use and buildings within an area. "Character" is established and influenced by land use types and intensity and traffic generation, and also by the location, size and design of structures as well as the interrelationship of all these features.
Having a pleasing or congruent arrangement of elements in the design and/or appearance between two or more attributes of a structure;
Having a pleasing or congruent arrangement of elements in the design and/or appearance between two or more structures;
Having a pleasing or congruent arrangement of elements in the design and/or appearance between two or more attributes of a neighborhood; or
Having a pleasing or congruent arrangement of elements in the use or function between two or more attributes of a neighborhood or area.
A plant with foliage that persists and remains green year-round. Also known as "evergreen."
Any horizontal decorative molding that crowns a building, such as the top edge of a facade or over an external door or window.
An unoccupied open space other than a yard. An "outer court" is one which extends to the front, side or rear yards; an "inner court" is any other court.
A stone or concrete boundary usually marking the edge of a roadway or paved area.
The established elevation of the street grade at the point that is opposite the center of the wall nearest to and facing the street line. Where a building is on a corner lot, the "curb level" is the average of the mean levels of the curb on the two intersecting streets. Where no such grade has been established, the Superintendent of Public Works shall establish the curb level for the purposes of this chapter.
D: |
A plant with foliage that is shed annually.
The comprehensive evaluation of a development and its impact on neighboring properties and the community as a whole, from the standpoint of site and landscape design, architecture, materials, colors, lighting, and signs, in accordance with a set of adopted criteria and standards.
A set of requirements that pertain to the architectural appearance of a building or improvement that governs the alteration, construction, demolition, or relocation of a building or improvement.
Any man-made changes to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations, excluding normal maintenance of farm roads and agricultural practices.
A building or use which by design of physical facilities a product is sold to, or a service performed for, customers while they are in or near their motor vehicles, including but not limited to fast-food restaurants, drive-up bank tellers, film-processing service booths, etc.
A roadway providing a means of access from a street to a property or off-street parking area. Also may be referred to as an "accessway."
E: |
Any authorization by a property owner for the use by another, for a specified purpose, of any designated portion of a lot.
The projecting lower edges of a roof overhanging the wall of a building.
F: |
The extent of a building or a lot abutting a public street or right-of-way as defined herein.
G: |
The surface of the ground or pavement at a stated location as it exists before disturbance in preparation for a project regulated by this Zoning Code.
The officially established grade of the street upon which a lot fronts. If there is no officially established grade, the existing grade of the street shall be taken as the street grade.
Note: H, I, J, and K do not apply. |
L: |
The use of natural plant materials, including, but not limited to, ground covers, shrubs, and trees. Landscaping also involves the placement, preservation and maintenance of said plant materials in conjunction with associated improvements such as fences, walls, lighting, earth mounding and structures (principal or accessory).
Land occupied or to be occupied by a building and its accessory buildings, together with such open spaces as are required, having not less than the minimum area, width and depth required for a lot in the district in which such land is situated and having frontage on a street or other means of access as may be determined by the Planning Board to be adequate as a condition of the issuance of a building permit for a building on such land.
The distance measured across the width of the lot at the front lot line or the proposed building front line.
A lot located at the junction of and fronting on two or more intersecting streets. All corner lots shall be deemed to have two front yards, two side yards and no rear yard.
Note: M does not apply. |
N: |
All uses of land and buildings except single-family and two-family dwellings.
O: |
That portion of a lot that is open, unobstructed and unoccupied from the ground upward and includes permeable walkways not used by vehicles, landscaping, uncovered patios, and uncovered recreation facilities. Recreation buildings may be included as part of a common open space.
An individual, firm, association, organization, partnership, trust, corporation, or company holding title to the property.
P: |
That portion of a building wall that rises above the level of the roof.
An off-street area containing one or more parking spaces, with passageways and driveways appurtenant thereto.
Includes all required off-street parking spaces, loading areas, stacking spaces, aisles, driveways and landscaping as required in this chapter.
An off-street space used for the temporary location of one licensed motor vehicle, not including access driveways.
Ground surface covered with materials including but not limited to cobblestones, clay-fired bricks, concrete precast paver units, poured concrete with or without decorative surface materials, blacktop, or other asphaltic or rubber mixture which may include sand or gravel as an ingredient and which creates a hard surface. A graded natural surface or one covered with rolled stone or overlaid with loose gravel is not considered a paved surface.
Refers to a pedestrian-friendly policy providing clear, comfortable pedestrian access to residential and nonresidential areas and transit stops through the combination of land design practices, including compact development, mixed-use development, traffic-calming, pedestrian- and public transit-orientation, designated pedestrian circulation systems and amenities, and a mix of housing types.
An individual or agency authorized to practice his/her/its discipline as defined by applicable New York State laws, such as an engineer, architect, or landscape architect.
Individuals or organizations that provide specialized services, including, but not limited to, medical practitioners, attorneys, architects, engineers, photographers, brokers, and other similar services. This classification excludes hospitals, banks, and savings and loan associations.
A line bounding a lot. Also known as a "lot line."
Note: Q does not apply. |
R: |
Includes single-family and two-family dwellings.
The boundary of a road, street, highway, or expressway owned and maintained by any federal, state, or local municipal entity.
In the case of a flat roof, the uppermost line of the roof of a building; in the case of a pitched roof, the lower edge of the eave; or in the case of an extended facade or parapet, the uppermost height of said facade or parapet, provided that the facade or parapet extends around the entire perimeter of the building at the same elevation.
S: |
The least required horizontal distance between a property line and any structure on the lot measured at the shortest point, including terraces, porches, or any covered projection thereof, but excluding steps.
The setback to the front lot line.
The setback to the rear lot line.
The setback to any property line other than a street or rear lot line.
The setback to the street or front lot line. On corner lots, both yards bordering the street shall be considered as street setbacks. Such street setback shall be measured from the public right-of-way.
A lot or group of contiguous lots not divided by any alley, street, other right-of-way or the Town limit that is proposed for development in accord with the provisions of this Zoning Code, and is in a single ownership or has multiple owners, all of whom join in an application for development.
Note: T does not apply. |
U: |
The specific purpose for which land, buildings or structures are designed, intended, arranged, used or maintained.
Note: V does not apply. |
W: |
A passage or path designated for pedestrian activity or walking.
An object, often made of concrete, which is placed at the front of a parking space to prevent vehicles from pulling too far into the space and striking the wall, landscape, or other objects that may be on the other side of the space.
Note: X, Y, and Z do not apply. |