Wheatfield Town City Zoning Code
ARTICLE III
District Regulations
§ 200-12 A-R Agricultural-Residential District.
[Amended 3-19-2001 by L.L. No. 1-2001; 2-14-2011 by L.L. No. 2-2011; 11-7-2022 by L.L. No. 3-2022; 2-10-2025 by L.L. No. 1-2025]
A.
Permitted principal uses.
(1)
General agricultural land uses, buildings and activities, such as the growing of field, truck and tree crops, dairying, livestock raising, poultry farming, fur farming, hog raising, fish farming, but excluding rendering plants, subject to the following:
(a)
A one-family dwelling to be occupied by no more than:
[1]
One family; or
[2]
One family plus no more than one boarder, roomer, lodger or other occupant.
(b)
A two-family dwelling, provided that each dwelling unit is occupied by no more than one family.
(c)
The building or structure used for the stabling of livestock (including but not limited to horses, cows, sheep or fowl or other animals) shall be located at least 100 feet from any property line.
(d)
The use of temporary buildings or trailers for the stabling of livestock in excess of 30 days is prohibited.
(e)
Any pen, corral, track or other such enclosure within which livestock are kept shall be no closer than 15 feet to any property line abutting any district other than an A-R District and a minimum of 100 feet from any street line in all districts other than an A-R District.
(f)
Stables shall be built and maintained so as not to create offensive odors, fly breeding or other nuisances. Manure shall not create a health hazard from an air and/or water pollution standpoint to persons inhabiting or using surrounding acreage and it shall be stored or disposed of in a manner that no obnoxious odor, fly breeding or other nuisance is created.
(g)
A stable, barn or other such structure shall be maintained for the keeping of livestock in such manner that they may be completely enclosed and protected.
(h)
Such livestock shall not be allowed to create a nuisance or health hazard.
(i)
A roadside stand or other structure, not exceeding 500 square feet of enclosed space, for the display and sale of farm or nursery products related to farming and as a seasonal convenience to the owner/owners of the land. The majority of the products sold at such stand shall be, or be derived from, products produced on the farm on which the roadside stand is located. Any such stand shall be located a minimum of 30 feet from the street line in such a manner as to permit safe access and egress for automobiles and parking off the highway right-of-way.
(j)
Minimum land area for horses shall be five acres for one horse and an additional acre for each additional horse.
(2)
Single-family dwellings.
(3)
Churches, schools, parks, playgrounds.
(4)
Fire stations.
(5)
Experimental stations for agriculture or related uses.
(6)
Nurseries, greenhouses.
(7)
Cemeteries.
(8)
Forest management and other forest resource uses, including the harvesting of timber in conformance with environmentally sound forestry practices.
(9)
Home occupations.
(10)
Farm stands larger than 500 square feet in size.
B.
Permitted accessory uses. The permitted accessory uses shall be as follows:
(1)
Private garages.
(2)
Private swimming pools. (See Article IV, § 200-30.)
(3)
Other customary uses normally associated with the principal use.
(4)
Home occupations.
C.
Uses permitted upon issuance of a special permit:
(1)
Adult/family day-care/group homes,.
(2)
Golf course or driving range with related facilities, such as clubhouse, restaurant, pro shop.
(3)
Gun clubs or shooting ranges.
(4)
Animal cemeteries.
(5)
Sale and service of farm equipment and supplies.
(6)
Veterinary hospitals or kennels.
(7)
Butcher/meat shops.
(8)
Camping grounds.
(9)
Home business with more than two employees.
(10)
Site fill that changes the existing elevation.
(11)
Stables or riding academies where animals are rented or leased.
(12)
Wind energy conversion systems.
(13)
Cross-country ski center with related facilities, such as lodge, ski shop, restaurant.
(14)
Communication transmission facilities operated pursuant to a license from the Federal Communications Commission or any successor federal or state agency.
(15)
Agriculture or animal husbandry research facilities.
(16)
Riding academies, stables.
(17)
Bed-and-breakfast establishments.
(18)
Private airfields, landing strips or related facilities.
(19)
Wineries.
D.
Minimum lot size.
(1)
Area: 37,500 square feet.
(2)
Width: 125 feet.
(3)
Cluster provision: as provided in Article VI.
E.
Minimum yards.
(1)
Front: 40 feet.
(2)
Side: 20 feet.
(3)
Rear: 30 feet.
F.
Buildings.
(1)
Principal:
(a)
Maximum height.
[1]
Dwellings: 35 feet.
[2]
Other: 40 feet.
(b)
Minimum floor area per dwelling unit.
[1]
One-story: 1,000 square feet.
[2]
Two-story: 1,200 square feet.
(2)
Accessory.
(a)
Maximum height: 25 feet as measured to peak; no limit on farm buildings on designated farms.
(b)
Yards and setbacks are regulated under Article IV, § 200-21, except for § 200-12A(1) above.
(3)
Lot coverage. Maximum lot coverage by all buildings: 20%.
(4)
Impervious surface coverage. The maximum amount of impervious surface on a site is 25%.
G.
Buffers; landscaping: A buffer of not less than 20 feet in width shall be reserved where a residential development abuts an A-R district. Such a buffer shall be landscaped and maintained by the abutting residential property owner.
H.
Site plan review: As set forth under the provisions of Article XII.
§ 200-13 R-R Rural-Residential District.
[Amended 9-11-2000 by L.L. No. 7-2000; 3-19-2001 by L.L. No. 1-2001; 9-15-2008 by L.L. No. 8-2008; 9-12-2016 by L.L. No. 4-2016; 2-10-2025 by L.L. No. 1-2025]
A.
Permitted principal uses. The permitted principal uses shall be as follows:
(1)
General agricultural land uses, buildings and activities, such as the growing of field, truck and tree crops, dairying, livestock raising, poultry farming, fur farming, hog raising, fish farming, but excluding rendering plants, subject to the following:
(a)
These agricultural uses are intended to be allowed on existing farms or to allow the expansion of existing farms for agricultural uses as defined by the New York State Department of Agriculture and Markets. These uses are specifically not allowed on any existing residential home lot of less than two acres or on any lot in an approved subdivision.
(b)
The building or structure used for the stabling of livestock (including but not limited to horses, cows, sheep or fowl or other animals) shall be located at least 100 feet from any property line.
(c)
The use of temporary buildings or trailers for the stabling of livestock in excess of 30 days is prohibited.
(d)
Any pen, corral, track or other such enclosure within which livestock are kept shall be no closer than 15 feet to any property line abutting any district other than an A-R District and a minimum of 100 feet from any street line in all districts other than an A-R District.
(e)
Stables shall be built and maintained so as not to create offensive odors, fly breeding or other nuisances. Manure shall not create a health hazard from an air and/or water pollution standpoint to persons inhabiting or using surrounding acreage and it shall be stored or disposed of in a manner that no obnoxious odor, fly breeding or other nuisance is created.
(f)
A stable, barn or other such structure shall be maintained for the keeping of livestock in such manner that they may be completely enclosed and protected.
(g)
Such livestock shall not be allowed to create a nuisance or health hazard.
(h)
A roadside stand or other structure, not exceeding 500 square feet of enclosed space, for the display and sale of farm or nursery products related to farming and as a seasonal convenience to the owner/owners of the land. The majority of the products sold at such stand shall be, or be derived from, products produced on the farm on which the roadside stand is located. Any such stand shall be located a minimum of 30 feet from the street line in such a manner as to permit safe access and egress for automobiles and parking off the highway right-of-way.
(i)
Minimum land area for horses shall be five acres for one horse and an additional acre for each additional horse.
(2)
Single-family dwellings.
(3)
Churches, schools, parks, playgrounds.
(4)
Fire stations.
B.
Permitted accessory uses. The permitted accessory uses shall be as follows:
(1)
Private garages.
(2)
Private swimming pools. (See Article IV, § 200-30.)
(3)
Other customary uses normally associated with the principal use.
(4)
Home occupations.
C.
Uses permitted upon issuance of a special use permit. The following uses shall be permitted upon issuance of a special use permit:
(1)
Cemeteries.
(2)
Golf courses.
(3)
Buildings for parks, recreation, clubs and fraternal organizations.
(4)
Nursing homes.
(5)
Excavation and mining activities in compliance with Article IV, § 200-34.1, of this chapter.
D.
Minimum lot sizes. The minimum lot sizes shall be as follows:
(1)
Area: 20,000 square feet.
(2)
Width.
(a)
Interior lots: 100 feet.
(b)
Corner lots: 125 feet.
(3)
Cluster provisions: as set forth in Article VI.
E.
Minimum yards. The minimum yard requirements shall be as follows:
(1)
Front: 40 feet, except as provided under Article IV, § 200-23.
(2)
Side: 10 feet each.
(3)
Rear: 40 feet.
F.
Buildings.
(1)
Principal. For principal buildings, the following shall apply:
(a)
Maximum height.
[1]
Dwellings: 35 feet.
[2]
Other: 40 feet.
(b)
Minimum floor area per dwelling unit.
[1]
One-story: 1,000 square feet.
[2]
Two-story: 1,200 square feet.
(2)
Accessory. For accessory buildings, the following shall apply:
(a)
Maximum height: 20 feet as measured to peak.
(b)
Yards and setbacks: as regulated under Article IV, § 200-21.
(3)
Lot coverage. The maximum lot coverage by all buildings shall be 20%.
(4)
Impervious surface coverage. The maximum amount of impervious surface on a site is 25%.
G.
Buffers, landscaping: (reserved)
H.
Site plan review. Site plan reviews shall be as set forth under the provisions of Article XII.
§ 200-13.1 RNB Rural Neighborhood Business District.
[Added 8-27-2007 by L.L. No. 7-2007; amended 2-10-2025 by L.L. No. 1-2025]
Intent. The intent of this district is to provide areas in the Town, along major highways that abut agricultural and residential area, for small-scale commercial use and single-family homes. The structures for these business uses will be less than 5,000 square feet and in general be neighborhood business and agricultural uses that blend into these rural areas.
A.
Permitted principal uses (less than 5,000 square feet).
(1)
As permitted and regulated in the R-R Districts.
(2)
Commercial agricultural uses (excluding heavy agricultural equipment sales).
(3)
Farm market stands.
(4)
Antique stores.
(5)
Art, dance, music or photographic studios.
(6)
Esthetician service centers (spa or salon).
(7)
Small specialty/gourmet food shops and small restaurants (no hard alcoholic beverage sales, no drive-through window service).
B.
Permitted accessory uses.
(1)
As permitted and regulated in the R-R Districts.
(2)
Other customary uses normally associated with the principal uses.
C.
Uses permitted upon issuance of a special use permit.
(1)
As permitted and regulated in the R-R Districts (except nursing homes).
(2)
Small animal hospitals.
(3)
Day-care centers.
(4)
Heavy agricultural equipment sales.
D.
Minimum lot sizes.
(1)
Dwellings: as regulated in the R-R District.
(2)
Other: as required to provide a site adequate for the principal and accessory buildings, all required off-street parking, loading and stacking, drainage, landscaping, yards and open spaces.
E.
Minimum yards.
(1)
Dwellings: as regulated in the R-R District.
(2)
Other: as regulated in the R-C District.
F.
Buildings.
(1)
Principal.
(a)
Maximum height.
[1]
Dwellings: 35 feet.
[2]
Other: 40 feet.
(b)
Minimum floor area per dwelling unit as regulated in the R-R District.
(2)
Accessory.
(a)
Maximum height: 20 feet as measured to peak.
(b)
Yards and setback as regulated under Article III, § 200-18 (Commercial District requirements).
(3)
Lot coverage and impervious surfaces.
(a)
For non-residential uses; As use, yard, parking, drainage and landscaping requirements permit.
(b)
For residential uses: As regulated in the RR district.
G.
Buffers, landscaping.
(1)
A buffer not less than 20 feet in width shall be reserved where an RNB District abuts any R-R.
(2)
A buffer not less than 30 feet in width shall be reserved where an RNB District abuts any A-R.
(3)
Such buffers shall be landscaped and maintained by the owner.
H.
Site plan review. As set forth under the provisions of Article XII.
§ 200-13.2 R-W Residential Waterfront District.
[Added 3-25-2013 by L.L. No. 4-2013; amended 2-10-2025 by L.L. No. 1-2025]
A.
Permitted principal uses. The permitted principal uses shall be as follows:
(1)
Uses as permitted in the R-1 District.
(2)
Two-family dwellings.
B.
Permitted accessory uses. Permitted accessory uses shall be as permitted in the R-1 District.
C.
Uses permitted upon issuance of a special use permit. The following uses shall be permitted upon issuance of a special use permit.
(1)
Golf courses.
(2)
Buildings for parks, recreation, clubs and fraternal organizations.
(3)
Nursing homes.
D.
Minimum lot area and width.
(1)
Minimum lot area for single-family and two-family dwellings.
(a)
Area for existing lots of record: 10,000 square feet.
(b)
Area for the creation of new lots: 20,000 square feet.
(2)
Minimum lot width.
(a)
Interior lot width for existing lots of record: 50 feet.
(b)
Corner lot width for existing lots of record: 50 feet.
(c)
Interior lot width for the creation of new lots: 100 feet.
(d)
Corner lot width for the creation of new lots: 125 feet.
(3)
Cluster provisions: as set forth in Article VI.
E.
Minimum yards. For minimum yards, the following shall apply:
(1)
Front: 40 feet, except as provided under Article IV, § 200-23.
(2)
Side (for non-residential uses): 10 feet each. For residential uses: as regulated in the R-R district.
(3)
Rear (for non-residential uses): 30 feet. For residential uses: as regulated in the R-R district.
F.
Buildings.
(1)
Principal. For principal buildings, the following shall apply:
(a)
Maximum height.
[1]
Dwellings: 35 feet.
[2]
Other: 40 feet.
(b)
Minimum floor area per dwelling unit.
[1]
One-story: 1,000 square feet.
[2]
Two-story: 1,200 square feet.
(2)
Accessory. For accessory buildings, the following shall apply:
(a)
Maximum height: 20 feet as measured to peak.
(b)
Yards and setbacks: as regulated under Article IV, § 200-21.
(3)
Lot coverage.
(a)
For non-residential uses, the maximum lot coverage shall be as use, yard, parking, drainage and landscaping requirements permit.
(b)
For residential uses, as regulated in the R-1 District.
(4)
Impervious surface coverage. The maximum amount of impervious surface on a residential use site is as regulated in the R-1 District. For non-residential uses, the maximum amount of impervious surface shall be as use, yard, parking, drainage and landscaping requirements permit.
G.
Buffers, landscaping. (Reserved)
H.
Site plan review. Site plan reviews shall be as set forth under the provisions of Article XII.
§ 200-14 R-1 Residential-1 District.
[Amended 8-14-2000 by L.L. 6-2000; 9-11-2000 by L.L. No. 7-2000; 9-15-2008 by L.L. No. 8-2008; 2-10-2025 by L.L. No. 1-2025]
A.
Permitted principal uses. The permitted principal uses shall be as permitted in the R-R District.
B.
Permitted accessory uses. The permitted accessory uses shall be as permitted in the R-R District.
C.
Uses permitted upon issuance of a special use permit. Uses permitted upon issuance of a special use permit shall be as permitted in the R-R District.
D.
Minimum lot sizes. For minimum lot sizes, the following shall apply:
(1)
Area: 20,000 square feet.
(2)
Width.
(a)
Interior lots: 100 feet.
(b)
Corner lots: 120 feet.
(3)
Cluster provisions: as set forth in Article VI.
E.
Minimum yards. Minimum yards shall be as follows:
(1)
Front: 40 feet, except as provided under Article IV, § 200-23.
(2)
Side: 15 feet each.
(3)
Rear: 40 feet.
F.
Buildings.
(1)
Principal. For principal buildings, the following shall apply:
(a)
The maximum height shall be as follows:
[1]
Dwellings: 35 feet.
[2]
Other: 40 feet.
(b)
The minimum floor area per dwelling unit shall be as follows:
[1]
One-story: 1,000 square feet.
[2]
Two-story: 1,200 square feet.
(2)
Accessory. For accessory buildings, the following shall apply:
(a)
Maximum height: 20 feet measured to peak of building.
(b)
Yards and setbacks: as regulated under Article IV, § 200-21.
(3)
Lot coverage. The maximum lot coverage by all buildings shall be 25%.
(4)
Impervious surface coverage. The maximum amount of impervious surface on a site shall be 40%.
G.
Buffers, landscaping: (reserved).
H.
Site plan review. Site plan reviews shall be as set forth under the provisions of Article XII.
§ 200-15 R-2 Residential-2 District.
[Amended 9-11-2000 by L.L. No. 7-2000; 9-15-2008 by L.L. No. 8-2008; 2-10-2025 by L.L. No. 1-2025]
A.
Permitted principal uses. The permitted principal uses shall be as follows:
(1)
Uses as permitted in the R-1 District.
(2)
Two-family dwellings.
B.
Permitted accessory uses. Permitted accessory uses shall be as permitted in the R-1 District.
C.
Uses permitted upon issuance of a special use permit. The following uses shall be permitted upon issuance of a special use permit:
(1)
Uses as permitted in the R-1 District.
(2)
Mortuaries.
D.
Minimum lot sizes. The minimum lot sizes shall be as follows:
(1)
Single-family dwellings: uses as regulated in the R-1 District.
(2)
Two-family dwellings.
(a)
Area: 25,000 square feet.
(b)
Width.
[1]
Interior lots: 125 feet.
[2]
Corner lots: 125 feet.
(3)
Cluster provisions: as set forth in Article VI.
E.
Minimum yards. For minimum yards, the following shall apply:
(1)
Front: 40 feet, except as provided under Article IV, § 200-23.
(2)
Side: 15 feet each.
(3)
Rear: 40 feet.
F.
Buildings.
(1)
Principal. For principal buildings, the following shall apply:
(a)
Maximum height.
[1]
Dwellings: 35 feet.
[2]
Other: 40 feet.
(b)
The minimum floor area per dwelling unit shall be as follows:
[1]
One-story: 1,000 square feet.
[2]
Two-story: 1,200 square feet.
(2)
Accessory. For accessory buildings, the following shall apply:
(a)
Maximum height: 20 feet as measure to peak.
(b)
Yard and setbacks; as regulated under Article IV, § 200-21.
(3)
Lot coverage. The maximum lot coverage of all buildings shall be 25%.
(4)
Impervious surface coverage. The maximum amount of impervious surface on a site shall be 40%.
G.
Buffers, landscaping: (reserved).
H.
Site plan review. Site plan reviews shall be as set forth under the provisions of Article XII.
§ 200-16 R-3 Residential-3 District.
[Amended 8-14-2000 by L.L. 6-2000; 9-11-2000 by L.L. No. 7-2000; 9-15-2008 by L.L. No. 8-2008; 2-10-2025 by L.L. No. 1-2025]
A.
Permitted principal uses. The permitted principal uses shall be as follows:
(1)
Uses as permitted in the R-2 District.
(2)
Multiple-family dwellings.
B.
Permitted accessory uses. Permitted accessory uses shall be as permitted in the R-1 District.
C.
Uses permitted upon issuance of a special use permit. Uses upon issuance of a special use permit shall be as permitted in the R-2 District.
D.
Minimum lot sizes. Minimum lot sizes shall be as follows:
(1)
Single-family dwellings: as regulated in the R-1 District.
(2)
Two-family dwellings: as regulated in the R-2 District.
(3)
Multiple dwellings.
(a)
Area: 16,000 square feet for the first dwelling unit, plus 5,000 square feet for each additional unit.
(b)
Width: 80 feet for the first dwelling unit, plus 10 feet for each additional unit. Widths in excess of 200 feet shall not be required, provided that all yard requirements are met.
(c)
Three or more stories: minimum lot size shall be as required to provide a site adequate for the principal and accessory buildings, all required off-street parking, yards and a minimum of 15% of the gross site area devoted to landscaped open space.
E.
Minimum yards. Minimum yards shall be as regulated in the R-2 District except that minimum side yards for multiple dwellings shall be 15 feet each, except for provisions in Article IV, § 200-23. (See also cluster provisions in Article VI.)
F.
Buildings.
(1)
Principal. For principal buildings, the following shall apply:
(a)
Maximum height.
[1]
Single- and two-family dwellings: 35 feet.
[2]
Other: 40 feet, except for multistoried residential structures whose heights shall be determined by the limits of local fire-fighting equipment, in addition to other regulations contained herein.
(b)
Minimum floor area per single- and two-family dwelling unit: as regulated in the R-2 District.
(c)
Minimum floor area per multiple-family dwelling unit.
[1]
Zero- to one-bedroom units: 600 square feet.
[2]
Two-bedroom units: 800 square feet.
[3]
Three-bedroom units: 1,000 square feet.
(d)
Building grouping and access. Multiple dwellings within a group development may be arranged in groups or clusters. Each group or cluster shall abut a street; however, each multiple dwelling within such group or cluster need not so abut, provided that:
[1]
Each dwelling unit is accessible by means of a private street to service emergency vehicles.
[2]
The standards of design and construction for private streets shall meet applicable Town specifications for public streets unless modified by the approved site plan.
[3]
The location, design and construction of all utilities meet all applicable specifications and are adequate to serve the needs of the group or cluster.
[4]
The procedures for the preservation and maintenance of private streets, pedestrian ways and common open space comply with all applicable laws. (See cluster provisions in Article VI.)
(2)
Accessory. For accessory buildings, the following shall apply:
(a)
20 feet as measured to the peak.
(b)
Yard and setbacks: as regulated under Article IV § 200-21.
(3)
Lot coverage. The maximum lot coverage by all buildings shall be 35%.
(4)
Impervious surface coverage. The maximum amount of impervious surface on a site shall be 50%.
G.
Buffers, landscaping. A buffer of not less than 20 feet in width shall be reserved where a multiple-family group development abuts any R-1 or R-2 District. Such a buffer zone shall be landscaped and maintained by the owner.
H.
Site plan review. Site plan reviews shall be as set forth under the provisions of Article XII.
§ 200-17 R-C Restricted-Commercial District.
A.
Permitted principal uses. The permitted principal uses shall be as follows:
(1)
Uses as permitted and regulated in R-3 Districts.
(2)
Telephone exchanges.
(3)
Real estate or insurance office.
(4)
Mortuaries.
(5)
Art, dance, music or photographic studios.
(6)
Opticians or optometrists.
(7)
Meeting rooms for private clubs, lodges or fraternal organizations.
(8)
Indoor recreation uses such as bowling alleys, health spas, tennis courts.
(9)
Medical offices or clinics, provided that they are not used primarily for mental patients, drug or alcohol addicts or for penal or correctional purposes.
(10)
Nursing or convalescent home.
(11)
Other administrative, professional or executive offices, but not including the selling, manufacturing or storing of merchandise.
(12)
Tourist homes.[1]
[1]
Editor's Note: Added at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
(13)
Day-care centers.
B.
Permitted accessory uses. Permitted accessory uses shall be as follows:
(1)
Uses as permitted and regulated in the R-3 District.
(2)
Restaurants, newsstands or other incidental services in connection with hospitals, medical buildings, motels or nonprofit institutions, but only when conducted (and entered) from within the building and having no exterior display.
(3)
Other customary uses normally associated with the principal uses.
C.
Uses permitted upon issuance of a special use permit. The following uses shall be permitted upon issuance of a special use permit:
(1)
Uses as permitted in the R-2 District.
(2)
Hospitals and clinics, drug and alcohol related.[2]
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
(3)
Small animal hospitals.
D.
Minimum lot sizes. Minimum lot sizes shall be as follows:
(1)
Dwellings: as regulated in the R-3 District.
(2)
Other: as required to provide a site adequate for the principal and accessory buildings, all required off-street parking, loading and stacking, landscaping, yards and open spaces.
E.
Minimum yards. Minimum yards shall be as follows:
(1)
Dwellings: as regulated in the R-3 District.
(2)
Other:
(a)
Front: 40 feet, except as provided under Article IV, § 200-23.
(b)
Side: 10 feet each.
(c)
Rear: 30 feet.
F.
Buildings.
(1)
Principal. For principal buildings, the following shall apply:
(a)
Maximum height.
[1]
Dwellings: 35 feet.
[2]
Other: 40 feet.
(b)
Minimum floor area per dwelling unit: as regulated in the R-3 District.
(2)
Accessory. For accessory buildings, the following shall apply:
(a)
Maximum height: 14 feet.
[Amended 9-15-2008 by L.L. No. 8-2008]
(b)
Yards and setbacks: as regulated under Article IV, § 200-21.
(3)
Lot coverage. Lot coverage shall be as use, yard, parking and landscaping requirements permit.
G.
Buffers, landscaping. A buffer of not less than 20 feet in width shall be reserved where an R-C District abuts any R-1, R-2 or R-3 District. Such a buffer zone shall be landscaped and maintained by the owner.
H.
Site plan review. Site plan review shall be as set forth under the provisions of Article XII.
§ 200-18 C-1 Commercial District.
A.
Permitted principal uses. Permitted principal uses shall be as follows:
(1)
Principal uses as permitted and regulated in the R-C District, except any residential uses.
[Amended 11-7-2022 by L.L. No. 3-2022]
(2)
Retail sales within a completely enclosed building.
(3)
Personal service shops, e.g., barbershops, beauty salons, shoe repair.
(4)
Laundromats, dry-cleaning and laundry pickup stations.
(5)
Restaurants.
(6)
Hotels, motels.
(7)
Banks, drive-in banks.
(8)
Boat or marine sales and service.
(9)
Drive-in restaurants.
(10)
Laundry or dry-cleaning facilities.
(11)
Theaters, assembly halls, bowling alleys.
(12)
Custom shops, including electrical, heating, plumbing or woodworking shops.
(13)
Building materials supply, including incidental millwork.
(14)
Machine or tool sales, rental or service.
(15)
Job and newspaper printing.
(16)
Shopping centers or plazas.
(17)
(Reserved)[1]
[1]
Editor's Note: Former Subsection A(17), which dealt with assembly of previously prepared materials, was repealed 1-7-2019 by L.L. No. 1-2019.
(18)
Nurseries, greenhouses.
(19)
Mobile home courts.
(20)
Golf driving ranges.
(21)
Indoor gun ranges.
[Amended 9-15-2008 by L.L. No. 8-2008]
B.
Permitted accessory uses. Permitted accessory uses shall be as follows:[2]
(1)
Accessory uses as permitted and regulated in the R-C District, except any residential uses.
[Amended 11-7-2022 by L.L. No. 3-2022]
(2)
Other customary uses normally associated with the principal uses.
[2]
Editor's Note: See also Ch. 75, Campgrounds and Recreational Vehicle Parks.
C.
Uses permitted upon issuance of a special use permit. The following uses shall be permitted upon issuance of a special use permit:
(1)
Special uses as permitted in the R-C District, except any residential uses.
[Amended 11-7-2022 by L.L. No. 3-2022]
(2)
Car washes.
(3)
Drive-in theaters.
(4)
Gasoline service stations.
(5)
Collision shops.[3]
[3]
Editor's Note: Former Subsection C(6), adult entertainment establishments, which immediately followed this item, was deleted 9-15-2008 by L.L. No. 8-2008 and items (7) through (9) were renumbered as items (6) through (8), respectively.
(6)
Commercial storage buildings.
(7)
New or used motor vehicle sales and/or service.
(8)
Kennels.
(9)
Assembly of previously prepared materials.
[Added 1-7-2019 by L.L. No. 1-2019]
(10)
Mixed use buildings containing permitted commercial uses and residential uses on the upper floor (limited to eight residential units in a building).
[Added 11-7-2022 by L.L. No. 3-2022]
D.
Minimum lot sizes. For minimum lot sizes, the following shall apply:
(1)
Dwellings: as regulated in the R-3 District.
(2)
Other: as required to provide a site adequate for the principal and accessory buildings, all required off-street parking, loading and stacking, landscaping, yards and open spaces.
E.
Minimum yards. For minimum yards, the following shall apply:
(1)
Dwellings: as regulated in the R-3 District.
(2)
Other:
(a)
Front: 40 feet except as provided under Article IV, § 200-23.
(b)
Side, rear: 10 feet each except where abutting a residential district, in which case such side or rear yard shall be 30 feet.
F.
Buildings.
(1)
Principal. For principal buildings, the following shall apply:
(a)
Maximum height.
[1]
Dwellings: 35 feet.
[2]
Other: 40 feet.
(b)
Minimum floor area per dwelling unit: as regulated in the R-3 District.
(2)
Accessory. For accessory buildings, the following shall apply:
(a)
Maximum height: 30 feet.
(b)
Yards and setbacks: as regulated under Article IV, § 200-21.
(3)
Lot coverage. Lot coverage shall be as use, yard, parking and landscaping requirements permit.
G.
Buffers, landscaping. A buffer of not less than 20 feet in width shall be reserved where a C-1 District abuts any R-1, R-2 or R-3 District. Such a buffer zone shall be landscaped and maintained by the owner.
H.
Site plan review. Site plan reviews shall be as set forth under the provisions of Article XII.
§ 200-19 M-1 Light Industrial District.
A.
Permitted principal uses. Permitted principal uses shall be as follows:
(1)
Uses as permitted and regulated in the C-1 District, except for dwellings; provided, however, that existing dwellings may be altered and enlarged, except that the number of dwelling units may not be increased.
(2)
Warehouses.
(3)
Truck terminals.
(4)
Airports.
(5)
Contracting and construction services.
(6)
Other business, servicing, manufacturing or processing of materials, goods or products not otherwise prohibited by law when conducted in a completely enclosed building and when in conformance with M-1 performance standards, as set forth in Article XIII. Limited storage in connection with the principal use may be permitted outdoors when effectively screened, as outlined in § 200-19G(2) below. This shall not include junkyards or automobile wrecking yards.
(7)
Theme parks which may also include any other uses permitted as principal uses in C-1 and M-1 Districts.
[Amended 9-12-2005 by L.L. 8-2005]
B.
Permitted accessory uses. Permitted accessory uses shall be as follows:
(1)
Uses as permitted and regulated in the C-1 District, except for any dwellings or residential uses; provided, however, that existing dwellings may be altered and enlarged, except that the number of dwelling units may not be increased.
[Amended 11-7-2022 by L.L. No. 3-2022]
(2)
Quarters for a caretaker or watchman.
(3)
Other customary uses normally associated with the principal uses.
C.
Uses permitted upon issuance of a special use permit. The following uses shall be permitted upon issuance of a special use permit:
(1)
As permitted by special use permits in the C-1 District (excepting any residential uses).
[Amended 11-7-2022 by L.L. No. 3-2022[1]]
[1]
Editor's Note: This local law also repealed Subsection C(2) and renumbered former Subsection C(3) as C(2)
(2)
Adult entertainment establishments as set forth and further regulated under the provisions of Article IV, § 200-33.
D.
Minimum lot sizes. Minimum lot sizes shall be required to provide a site adequate for the principal and accessory buildings, all required off-street parking, loading and stacking, landscaping, yards and open spaces.
E.
Minimum yards. For minimum yards, the following shall apply:
(1)
Front: 40 feet, except as provided under Article IV, § 200-23.
(2)
Side, rear: 10 feet each except where abutting a residential district, in which case such side or rear yard shall be 50 feet.
F.
Buildings.
(1)
Principal. For principal buildings, the maximum height shall be 40 feet.
(2)
Accessory. For accessory buildings, the following shall apply:
(a)
Maximum height: 30 feet.
(b)
Yards and setbacks: as regulated under Article IV, § 200-21.
(3)
Lot coverage. Lot coverage shall be as use, yard, parking and landscaping requirements permit.
G.
Buffers, landscaping.
(1)
A buffer of not less than 50 feet in width shall be reserved where an M District abuts any R District. Such a buffer zone shall be landscaped and maintained by the owner.
(2)
All open storage of equipment and materials, including machinery, unlicensed vehicles, building materials, scrap, etc., shall be effectively screened by a wall, fence, planting or combinations of each, so that such storage will not be visible from a public way. (See Article IV, § 200-29.)
H.
Site plan review. Site plan review shall be as set forth under the provisions of Article XII.
§ 200-20 M-2 General Industrial District.
A.
Permitted principal uses. The permitted principal uses shall be as follows:
(1)
Uses as permitted in the M-1 District when in conformance with M-2 performance standards, as set forth in Article XIII.
(2)
Junkyards.
B.
Permitted accessory uses. Permitted accessory uses shall be as follows:
(1)
Uses as permitted and regulated in the M-1 District when in conformance with M-2 performance standards, as set for in Article XIII (except for any residential use).
[Amended 11-7-2022 by L.L. No. 3-2022]
(2)
Other customary uses normally associated with the principal uses.
C.
Uses permitted upon issuance of a special use permit. The following uses shall be permitted upon issuance of a special use permit:
(1)
As permitted in the M-1 District for special use permits (except any residential use).
[Amended 11-7-2022 by L.L. No. 3-2022]
(2)
Sanitary landfills.
D.
Minimum lot sizes. Minimum lot sizes shall be required to provide a site adequate for the principal and accessory buildings, all required off-street parking, loading and stacking, landscaping, yards and open spaces.
E.
Minimum yards. For minimum yards, the following shall apply:
(1)
Front: 40 feet, except as provided under Article IV, § 200-23.
(2)
Side, rear: 10 feet each except where abutting a residential district, in which case such side or rear yard shall be 50 feet.
F.
Buildings.
(1)
Principal. For principal buildings, the maximum height shall be 40 feet.
(2)
Accessory. For accessory buildings, the following shall apply:
(a)
Maximum height: 30 feet.
(b)
Yards and setbacks: as regulated under Article IV, § 200-21.
(3)
Lot coverage. Lot coverage shall be as use, yard, parking and landscaping requirements permit.
G.
Buffers, landscaping.
(1)
A buffer of not less than 50 feet in width shall be reserved where an M District abuts any R District. Such a buffer zone shall be landscaped and maintained by the owner.
(2)
All open storage of equipment and materials, including machinery, unlicensed vehicles, building materials, scrap, etc., shall be effectively screened by a wall, fence, planting or combinations of each, so that such storage will not be visible from a public way. (See Article IV, § 200-29.)
H.
Site plan review. Site plan review shall be as set forth under the provisions of Article XII.
§ 200-20.1 PUD Planned Unit Development District.
See Article VII, §§ 200-48 through 200-52.
§ 200-20.2 LCO Love Canal Overlay District. [1]
A.
Intent.
(1)
In accordance with the recommendations and the policies contained in the Love Canal Area Revitalization Agency's (LCARA) Love Canal Land Use Master Plan and the New York State Department of Health's (NYSDOH) Habitability Decision for the Love Canal Emergency Declaration Area (EDA), this overlay district's intent is to protect the health, safety and welfare of the citizens of the area while also providing for the development of commercial business opportunities for the area, with certain conditions.
(2)
The overlay district regulations are intended to supplement the underlying zoning regulations to provide for the harmony, safety and continuity of development of the Love Canal EDA through the policies set forth by the Love Canal Land Use Master Plan and the Habitability Decision.
B.
Boundary. The boundary of the Love Canal Overlay District is referred to with notation on the Zoning Map.[2]
[2]
Editor's Note: The Zoning Map is on file at the office of the Town Clerk.
C.
Objectives. These overlay district regulations are intended to protect the health, safety and welfare of the citizens of the Love Canal Revitalization Area and maintain compliance with the Love Canal Land Use Master Plan, Habitability Decision and policies set forth by LCARA and the Town of Wheatfield.
D.
Permitted principal uses. Permitted principal uses shall be the same as permitted in the underlying zoning district(s), with the following exceptions, which shall not be permitted uses:
(1)
Residential dwellings, excluding existing residential dwellings in compliance with Article V.
(2)
Day-care centers, school activities and other associated uses involving extended occupation by children.
(3)
High-contact outdoor recreational uses, such as parks, playgrounds and other similar uses.
E.
Permitted accessory uses. Permitted accessory uses shall be as follows:
(1)
As permitted in the underlying zoning district.
(2)
Other customary uses associated normally with the principal uses.
F.
Uses permitted upon issuance of a special use permit. Uses permitted upon issuance of a special use permit shall be the same as permitted in the underlying zoning district.
G.
Buildings. For principal and accessory buildings, the maximum building height shall be 30 feet.
H.
Site design conditions. All permitted uses shall comply with the following:
(1)
A buffer of 50 feet from any adjacent residential property line. Buffer area may include landscaping treatments as determined by the Planning Board.
[Amended 10-10-2012 by L.L. No. 2-2013]
(2)
Removal and/or disposal of any soil shall be regulated and approved by the New York State Department of Environmental Conservation and Town of Wheatfield.
(3)
Outside storage of commercial equipment or materials, when in compliance with zoning regulations, shall be screened from view.
(4)
Drainage facilities shall be closed or piped systems, except that the Town Board may allow open ditches upon recommendation of the Planning Board and Town Engineer, after consideration of factors such as technical feasibility, public health and safety, aesthetics and any other factors that the Town Board deems reasonable and necessary.
I.
Site plan review. Site plan review shall be as set forth under the provisions of Article XII.
J.
Subdivision regulations. Subdivision regulations shall be as set forth in Chapter 169, Subdivision of Land.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
§ 200-20.3 NFBO Niagara Falls Boulevard Overlay District.
[Amended 1-28-2002 by L.L. No. 2-2002; 3-4-2002 by L.L. No. 3-2002; 9-15-2008 by L.L. No. 8-2008; 3-16-2009 by L.L. No. 1-2009; 9-18-2017 by L.L. No. 7-2017]
A.
Purpose.
(1)
In accordance with the recommendations and policies of the Town of Wheatfield Comprehensive Plan, this overlay district is designed to better manage and accommodate increasing growth and development along the Niagara Falls Boulevard (NFB) corridor through the implementation of guidelines to regulate traffic and transportation, signage, design and other health and safety issues. This overlay is also intended to encourage the development of uses that are in harmony with the goals of the Comprehensive Plan, improve the visual character of the area, protect adjoining residential uses and enhance the character of the area as an important gateway to the Town of Wheatfield.
(2)
This overlay will act to regulate the NFB corridor as a growing commercial district. The NFB is an important transportation corridor through the Town of Wheatfield, handling business, domestic, tourist, and commuter traffic.
(3)
The boundary of the NFB Overlay District is referred to with notation on the Town of Wheatfield Zoning Map and in general represents all properties within the Town of Wheatfield having frontage on the NFB right-of-way (ROW).
(4)
The NFB Overlay District regulations will supplement the underlying zoning requirements and provide for safe and orderly development.
B.
Objectives and general requirements. Site plans must be prepared and submitted in accordance with § 200-77 of Article XII of the Town of Wheatfield Zoning Laws. The special regulations contained herein, which govern all proposed development and redevelopment (requiring approvals by the Planning Board or Town Board) within the boundaries of the NFB Overlay District shall be founded upon the following objectives and be in accordance with these regulations:
(1)
Emphasis shall be placed upon development and redevelopment of existing properties.
(2)
Commercial development, based on specific standards included in this overlay (and reference documents that the Town has created), should complement surrounding land uses to improve the character and provide for a positive image of the NFB Overlay District.
(3)
To promote efficient traffic flow and traffic safety, reference should be made to both the New York State Department of Transportation (DOT) Access Management Guidelines and Regulations and any Town of Wheatfield requirements, for example, shared means of ingress and egress and cross-connections to developed and developing properties.
(4)
Landscaping and setback standards shall be of an appropriate size and scale, and aesthetically designed, so as to improve the overall quality of the area.
(5)
All signage and lighting fixtures shall be designed to conform to all applicable New York State and Town of Wheatfield laws and requirements and to ensure that they help to improve the overall quality of the area.
(6)
To protect and preserve the character and quality of the surrounding properties in areas that abut existing residential development, appropriate buffering shall be instituted.
(7)
Architectural designs should complement surrounding land uses and provide for an improved and positive image of the area. Appropriate facade designs that complement and improve the character of the area shall be required. Views from the NFB shall be primary concern.
(8)
Designs shall take into consideration existing surrounding residentially zoned areas and residential uses.
[Amended 11-7-2022 by L.L. No. 3-2022]
(9)
Attention should be given to the compatibility of adjoining developments when reviewing project proposals.
(10)
Appropriate designs and site layout schemes should be utilized to screen and improve the appearance of utility service and storage appurtenances and stormwater detention facilities. Loading areas shall be located towards the rear of the properties and when possible shall be visually screened from NFB.
(11)
New residential development is restricted (see Permitted principal uses and related requirements subsection)[1] within the overlay zoning district. Exception: residential development in conjunction with commercial development (approved mixed use).
[1]
Editor's Note: See Subsection C.
(12)
It should be noted that the provisions of the Airport Zone One Overlay further address the properties contiguous to the Niagara Falls International Airport. Where conflicts occur in the requirements, the Airport Zone One Overlay requirements supersede the NFB Overlay District.
C.
Permitted principal uses and related requirements. The uses permitted in the NFB Overlay District will be the same as those permitted in the underlying zoning district(s) with the following exceptions and requirements:
(1)
Retail sales of used vehicles, recreational vehicles (RVs), motorcycles, and boats shall be prohibited, unless in conjunction with new vehicle sales, which requires an approved special use permit.
(2)
The retail sale of new vehicles, RVs and boats in zoning districts allowing this use shall meet all the requirements of the Town "Vehicle, Motorcycle, Recreational Van, Boats and Retail Sales Guidelines." Copies of these guidelines are available from the Town Building Department.
(3)
Vehicle display areas for the retail sales and/or service of new vehicles, RVs, motorcycles or boats (or used vehicles in conjunction with new vehicle sales) in the zoning districts allowing these uses shall not be located within a minimum of 10 feet of the right-of-way of NFB.
(4)
No new constructed mini-storage and other storage facilities are permitted in the NFB Overlay District, after the date of this section revision. Existing mini-storage facilities (as of the date of the adoption of this revised overlay) shall be considered as legal nonconforming uses. "Mini-storage warehouse and/or self-storage" is defined as a structure(s) partitioned into private storage spaces of varying size, individually leased or rented for varying terms to the public at large. The term "storage" relates to storage of furniture, files, or other unused or seldom used items in a warehouse or other location for an indefinite period of time. The storage of explosives, flammable, or otherwise hazardous chemicals and/or materials shall be prohibited. Exceptions to this provision are as noted below:
(a)
Storage within the NFB Overlay District is permitted when the storage is an accessory use and incidental to an existing principal use, on the same property with an approved special use permit and site plan approved by the Planning Board. Particular attention will focus on landscaping enhancements.
(b)
Structures existing prior to the date of this section may be converted to a storage facility with an approved special use permit and site plan review by the Planning Board. Particular attention will focus on paving, fencing, and landscaping enhancements. No expansion of the existing facility for storage will be permitted without an approved variance application from the Zoning Board of Appeals. (Refer to Article XIV, § 200-94.)
(c)
Mini-storage warehouse parking spaces: one parking space per 2,000 square feet of gross floor area.
(5)
Campgrounds and RV parks are prohibited in the NFB Overlay District except when in conjunction with a motel or hotel with a minimum of 50 units on 10 acres of contiguous property, and in accordance with the other Town regulations for campgrounds and RV parks.
(6)
For properties zoned C-1 and R-C in this overlay district, the following restrictions in the Zoning Code shall apply:
(a)
In § 200-18A, Permitted principal uses, for Subsection A(1) the following restriction shall apply: Uses as permitted and regulated in the R-3 District shall not be allowed in the C-1 District in this overlay.
(b)
In § 200-18C, Uses permitted upon issuance of a special use permit, Subsection C(1) is not applicable (in other words, "Uses as permitted in the R-C District" are not allowed in the overlay district).
(c)
In § 200-17A, Permitted principal uses, Subsection A(1) is not applicable in the overlay district.
(d)
In § 200-17C, Uses permitted upon issuance of a special use permit, Subsection C(1) is not applicable.
(7)
For properties zoned M-1 and M-2 in this overlay district, the following restrictions in the Zoning Code shall apply:
(a)
In § 200-19, M-1 Light Industrial District, Subsection A, Permitted principal uses, Subsection (1), the following restriction shall apply: uses as permitted and regulated in the R-3 District shall not be allowed. To clarify: the M-1 District allows those uses allowed in the C-1 District, which also allows uses in the R-C District, but in the overlay it does not then allow those uses allowed in the R-3 District.
(b)
In § 200-19, M-1 Light Industrial District, Subsection C, Uses permitted upon issuance of a special use permit, Subsection (1), the following restriction shall apply: uses as permitted in the R-C District shall not be allowed. To clarify: the M-1 District allows by special use permit those uses allowed by special use permit in the C-1 District, which then allows by special use permit those uses allowed in the R-C District, but in the overlay it does not allow these R-C uses.
(c)
In § 200-20, M-2 General Industrial District, Subsection A, Permitted principal uses, Subsection (1), the following restriction shall apply: uses as permitted and regulated in the R-3 District shall not be allowed. This is the same restriction that applies in the M-1 District.
(d)
In § 200-20, M-2 General Industrial District, Subsection C, "Uses permitted upon issuance of a special use permit, Subsection (1), the following restriction shall apply: uses as permitted in the R-C District shall not be allowed. This is the same restriction that applies in the M-1 District.
(8)
As noted in the "Objectives and general requirements" section of this overlay,[2] residential development in conjunction with commercial development (approved mixed use) will be allowed in the overlay. This can be accomplished through the construction of new mixed-use structures or the modification/reconstruction of an existing structure. It is not the intent of this provision of the overlay to allow stand-alone residential structures in commercial districts. These mixed-use structures will be allowed in any underlying Commercial (C-1) district as follows:
(a)
The conversion of an existing residential or commercial building to a mixed-use structure or the construction of a new mixed-use structure will require site plan approval by the Planning Board in accordance with Town site plan procedures.
(b)
These mixed-use structures will be allowed to include uses allowed in the C-1 District and residential uses located at the rear of the building or on the second floor of the structure.
(c)
All other "bulk" (lot size, yards, height, coverage, etc.) and design requirements of the C-1 District and overlay will apply to these types of developments.
[2]
Editor's Note: See Subsection B.
(9)
Grandfathering of existing residential uses. As of the date of the adoption of this overlay district, which includes the above restrictions of uses, any residential use in a commercial or industrial district may continue as a conforming use in this district. These residential uses will not be made nonconforming and may continue without any restrictions that are typically placed on nonconforming uses. This grandfathering does not allow additional buildings or uses to be added to these sites that are not conforming to the zoning district and overlay.
D.
Permitted accessory uses. Accessory uses will be allowed as permitted in the underlying zoning district regulations but must meet any other requirements listed in this overlay district.
E.
Building architectural standards. All new buildings, restorations, expansions, special use permits, and any building project requiring a building permit that requires site plan approval shall meet the following requirements:
(1)
Architectural renderings, elevations, and facade treatments/building materials and perspectives shall be presented to the Planning Board for its review and comment. These must also include building renditions and color selections or depict colors in the drawings. Building colors should accent, blend with or complement the surrounding environment. Bright or brilliant colors should be reserved for trim and accents. Blank walls and other dull or dead spaces shall be avoided at street level.
(2)
It is the intent of this overlay that a positive image be conveyed through the use of appropriate building materials, facade treatments and colors.
(3)
Brick, architectural block and other upscale building material shall be utilized on all sides with views to the street line for any building proposed in the overlay.
(4)
Storage unit doors shall be screened from visibility from adjoining residentially zoned or residentially developed properties and from the public roadways to the satisfaction of the Planning Board.
(5)
Proposed floor plans shall be submitted, at the discretion of the Planning Board.
F.
Site plan review/design requirements. Building permits issued for property in the NFB Overlay District for any new structure and any addition that results in an increase to the existing gross square footage shall be accompanied by an approved site plan in accordance with the Zoning Law, Site Plan Review. (Refer to Article XII.) These applications must address the following design requirements:
(1)
All parking areas shall be paved in accordance with the Town's standard details and not be located within 10 feet of the right-of-way (ROW). The standard details for parking area pavement are available in the Town Building Department.
(a)
Not less than 5% of the interior of a parking area designed for 20 or more vehicles shall be devoted to the required landscaped area.
(b)
Upright poured concrete curbing is to be provided to highlight the landscaping. Exceptions may be allowed based upon snow removal purposes, dumpster access, etc., at the time of the site plan review.
(2)
Parking areas shall include landscaping islands or other methodologies to break up the monotony of these paved areas.
(3)
Entrances to NFB shall be curbed back to at least the parking area and at the discretion of the Planning Board. Highlighted entrance/exit signage may be required by the Board.
(4)
Projects should be "street and pedestrian friendly." Sites should accommodate parking at the sides or rear of the building to the extent possible, and pedestrian access should be an integral part of the plan.
(5)
All crossings of Sawyer Creek must be paved, be at least 24 feet in width, or as directed by the Planning Board. Bridges must also include curbing and railings that may have to meet NYSDOT requirements. A licensed professional must certify the design of the bridge.
(6)
Spacing of curb cuts along NFB shall meet the requirements of the NYSDOT Access Management Guidelines. Site plan design must make every effort to provide for shared access or cross-easement agreements to adjacent properties.
(7)
Entrances to NFB shall be minimized and located appropriately in accordance with the standard Access Management Guidelines, as directed by the Planning Board.
(8)
Each application shall include a traffic control plan, including planned access to adjoining properties (cross-access agreements), where appropriate.
(9)
All signage being proposed must be depicted on the site plan and must be in accordance with Article IX, Town Zoning Law, and the following additional requirements:
(a)
Pylon signs are strongly discouraged.
(b)
Ground signs with materials complementary to the building, and appropriate landscaping around these signs, will be provided. Ground signs can be up to 100 square feet in size.
[Amended 11-7-2022 by L.L. No. 3-2022]
(10)
Buffering/screening. All proposed uses that abut a residential use or a residential zoned district (R-1, R-2, R-3 or a residential area within a PUD) must provide a minimum fifty-foot buffer area from the property line where a residential use is located and on all sides that abut these residentially zoned districts. This landscaped buffer area will be completely landscaped, fenced and/or a berm constructed, as directed by the Planning Board. The purpose of this area will be to screen and buffer these nonresidential uses from the adjoining residential uses and or districts. In some cases, this buffer area may be required to be larger depending on the height and nature of the proposed business.
[Amended 11-7-2022 by L.L. No. 3-2022]
(11)
Parking area lighting fixtures shall be of dark-sky-compliant design and designed to illuminate the parking area only. Lighting plans shall be submitted and must include illumination footprints for review by the Planning Board. This design shall not create a nuisance to adjacent properties. Lighting fixtures shall be reduced after 11:00 p.m. Security lighting and other building lighting will be allowed to operate in accordance with Town requirements.
(12)
All applications within the Overlay District must:
(a)
Include a detailed landscape plantings and treatments designed as an integral part of the entire development plan. The Planning Board reserves the right to consult with a certified New York State-licensed landscape architect at the developer's expense. The following landscape requirements require addressing:
[1]
Reference must be made to the Town's Greenspace Plan, and any greenspace attributes related to the project area must be protected and incorporated into the design to the maximum extent practicable.
[2]
Trees or other plantings must be added along the ROW (set back the appropriate distance) not more than 30 feet on center spacing or as directed by the Planning Board.
[3]
All parking areas must be screened from adjoining residential uses by landscaping, fencing, berms or other acceptable screening. Fencing viewed from the NFB must be vinyl or high-quality wood to forestall severe weather deterioration for aesthetic and maintenance considerations.
[4]
All areas of existing trees, including, but not limited to, trees of 12 inches in diameter and larger, shall be identified on the plans, and every effort should be made to save these areas.
[5]
All required landscaping areas and fences must be maintained after installation. Inspections by the Town Building Department shall be made after a certificate of occupancy is obtained for a period of two years. All landscaping and fences found not in accordance with the approved plan or to have perished will be replaced by the owner.
[6]
Deciduous trees planted shall have a minimum caliper of 2 1/2 inches, measured six inches above the ground. All coniferous plantings shall be a minimum size of five feet high, with the plant having at least a two-and-one-half-foot spread.
(b)
Refuse storage (dumpster) shall be depicted on the plans and shall be fenced by an eight-foot fence on all four sides and not be located near or adjacent to surrounding residential properties, preferably not visible from the NFB.
(c)
No outdoor speakers or other noise-producing devices shall be permitted.
(d)
See the Town of Wheatfield Design Guidelines package for additional direction on these overlay design requirements.
G.
Subdivision regulations. The division of all lands, regardless of zoning classification, shall be subject to subdivision regulations as set forth by the Town of Wheatfield.[3]
[3]
Editor's Note: See Ch. 169, Subdivision of Land.
H.
Vehicle, recreational van, boats, motorcycle and retail sales guidelines are available from the Town Building Department. It is the applicant's obligation to comply with these guidelines.
I.
Waivers. The Planning Board may waive or modify any requirements under this section but must not diminish the intent and purpose of the NFB Overlay District. The basis for any such waiver or modification shall be set forth in the official minutes of the Planning Board.
§ 200-20.4 Airport Zone One Overlay.
[Added 3-11-2013 by L.L. No. 3-2013]
A.
Purpose.
(1)
In accordance with the recommendations and policies of the Town of Wheatfield Comprehensive Master Plan, this overlay zone is designed to better manage and accommodate increasing commercial and industrial growth in and around the Niagara Falls International Airport through the implementation of guidelines to regulate the type of business development.
(2)
This zone will act to regulate the airport area as a growing commercial and industrial district.
(3)
The boundary of the Airport Zone One Overlay is referred to with notation in the attached Appendix 1, and generally represents property adjacent to or across the roadway from the airport adjusted to conform to establish property boundaries.[1]
[1]
Editor's Note: Appendix 1 is on file in the Town offices.
(4)
The Airport Zone One Overlay regulations will supplement the underlying zoning restrictions and provide for safe and orderly development.
B.
Objectives.
(1)
Site plans must be prepared and submitted in accordance with Chapter 200, Article XII, Town of Wheatfield Zoning Laws.
(2)
The special regulations contained herein, which govern proposed development and redevelopment within the boundaries of the Airport Zone One Overlay, shall be founded upon the following objectives:
(a)
Emphasis shall be placed upon development of airport-related business, air-transport-related business, and other airport-dependent business, examples of which would include, but not be limited to, logistics parks, free-trade zones, distribution centers, bonded warehouses, international financial service providers, air cargo, perishable cargo, express couriers, just-in-time manufacturing and some office space/conference space.
C.
Permitted principal uses. The uses permitted in the Airport Zone One Overlay will be consistent with the underlying zoning district(s) with the following exceptions.
(1)
Uses as listed in Objectives, Subsection B(2)(a), are to be interpreted as being allowable uses in this overlay.
(2)
Retail stores less than 1,000 square feet are prohibited in the Airport Zone One Overlay, unless it is part of a larger community or tourist destination.
(3)
Long-term, medium-term, and short-term storage of radiological materials, and storage of explosive materials, are prohibited in the Airport Zone One Overlay, with the exclusion of materials needed for processing of products on/or minor components of manufacturing.
(4)
Public mini storage and junk yards are prohibited in the Airport Zone One Overlay.
NOTE: When interpreting allowable uses, the Code Enforcement Officer with assistance by the Town Planning Board will utilize the objectives of this overlay district. |
D.
Permitted accessory uses: as permitted in the underling zoning district regulations and meeting any other requirement(s) listed in the appropriate zone.
E.
Building standards: all new buildings, restorations, expansions, special use permits and building permits that require Planning Board approval and shall meet the following requirements:
(1)
Architectural renderings and perspectives shall be presented to the Planning Board for its review and comment. These must also include building renditions, color selections or depict colors in the drawing.
(2)
Structures/buildings that fall within the Niagara Falls Boulevard Overlay District must comply with the regulations in effect.
(3)
All buildings must be within Federal Aviation Administration, Niagara Frontier Transportation Authority, and military guidelines for height requirement and warning lights, etc.
F.
Subdivision regulations. The division of all lands, regardless of zoning classification, shall be subject to subdivision regulations set forth by the Town of Wheatfield.[2]
[2]
Editor's Note: See Ch. 169, Subdivision of Land.
G.
Waivers. The Planning Board may waive or modify requirements under this section, but must not diminish the intent and purpose of the Airport Zone One Law. The basis for such waiver or modification shall be set forth in the official minutes of the Planning Board.
§ 200-20.5 Airport Protection Overlay District.
[Added 9-12-2016 by L.L. No. 3-2016]
A.
Purpose. Federal Aviation Administration (FAA) Part 77 Regulations require certain height limits on structures surrounding airports in order to provide for safe and effective operations of air traffic at these facilities. For the protection of the public health, safety, and general welfare, and for the promotion of the most appropriate use of land, it is also necessary to prevent the creation or establishment of airport hazards. These regulations vary based upon the size, type and nature of the airport and the type of landing systems in place for each runway. This Airport Protection Overlay District, shown on the Town's official Zoning Map,[1] is intended to regulate development in the vicinity of the Niagara Falls International Airport in a manner that is consistent with FAA regulations and to protect public health, safety, and the general welfare for and around the Niagara Falls International Airport and its runways.
[1]
Editor's Note: The Zoning Map is on file in the Town Building Department.
B.
Airport Protection Overlay District boundary.
(1)
The Airport Protection Overlay consists of two distinct areas: the airport protection area and the airport potential impact area.
(2)
This overlay district area and subareas are clearly identified on the Town's Zoning Map.
(3)
When interpreting these boundaries, any project site within the boundary or adjacent to the boundary, as determined by the Town's Code Enforcement Officer, will need to meet the requirements of this overlay.
(4)
Any project site that lies on the boundary of the two sub-areas will be considered to be within the airport protection area.
C.
Permitted principal uses. Within the borders of the Airport Overlay District, all uses are permitted as indicated in the underlying zoning district (and as limited in Subsection F.)
D.
Application procedures.
(1)
Any application for a variance (except for those relating to a single-family home and not needing any Planning Board approvals), a building permit (nonresidential) or a site plan or subdivision approval within the district shall include a site survey that depicts accurate elevations, based on United States Geological Survey data, for all areas of the site where structures are proposed.
(2)
All projects [as described in Subsection D(1)] within the airport protection area of the district shall, upon referral by the Town Planning Board, be submitted by the applicant (proof of mailings/filings shall be provided to the Town) to the FAA and to the Niagara Frontier Transportation Authority for review and comment prior to issuance of any approval. The Planning Board will coordinate the project directly with the Niagara Falls Air Reserve Station/Department of Defense. Comments, if any, from these agencies shall be taken into consideration by the Town in the review of the proposed project. Conditions can be placed on the project in response to these comments.
[Amended 11-7-2022 by L.L. No. 3-2022]
(3)
Projects located only in the airport potential impact area will be required to complete the FAA screening tool for obstructions (copy to be supplied to the Town). If found to present a potential obstruction, the applicant must proceed to the next step of registration under FAA requirements. All correspondence resulting from this step must be provided to the Town and will be considered by the Planning Board per Subsection D(2).
(4)
Any structure proposed that is 200 feet or higher will be treated as those in the airport protection area.
E.
Height limitations.
(1)
No structure or appurtenance within the Airport Overlay District shall exceed the height limitations as shown on the "FAR Part 77 Surfaces" map on file at the Wheatfield Town Hall without approval from the FAA.
(2)
Any approval or permit by the Town may include conditions, if any, required by the FAA.
F.
Other limitations.
(1)
Any projects proposed within the airport protection area of the overlay district shall not have new ponds or other bodies of water unless specifically waived by the Town (Planning Board).
(2)
Other restrictions/requirements in the airport protection area for lighting, communication devices, issues with glare, landscaping, storage of materials and signage may be requested or required by the Planning Board.