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§ 511-155. Elmwood Village Design Standards District.

[Added 3-3-2009, effective 3-17-2009]

A. Legislative intent. The Elmwood Village Design Standards have been created to ensure that future development (including new construction as well as alterations to existing buildings) in the Elmwood Village maintains and enhances the unique character and scale of the community.

[Amended 6-14-2011]

(1) The following important aspects of community character shall be protected (or enhanced in areas where it has been lost or encroached upon):

(a) Pedestrian-oriented building and site design;

(b) Mixed-use buildings;

(c) Small scale appearance;

(d) Creativity and eclecticism; and

(e) Durable, high quality exterior materials.

(2) The following are specific goals to be met through the maintenance and enhancement of these important aspects of community character:

(a) The easy identification of the Elmwood Village as a unique place within the City and region;

(b) A lively and active street life in the Elmwood Village;

(c) The promotion of safe and pleasant pedestrian access to and around the Elmwood Village; and

(d) The promotion of small-scale commercial enterprises that comprise the intricate web of commerce keeping the Elmwood Village healthy and vibrant.

(3) To the extent that § 511-155 conflicts with regulations in the base zoning district, the regulations herein shall control.

B. District boundaries.

[Amended 6-14-2011]

(1) The Elmwood Village Design Standards District shall include all commercial properties abutting Elmwood Avenue between Forest Avenue and North Street. In addition, the district shall include all commercial properties abutting the following east-west spurs (excluding properties fronting Delaware Avenue):

(a) Forest between Richmond and Granger.

(b) Bird between Ashland and Granger.

(c) Potomac between Ashland and Bidwell.

(d) West Delevan between Ashland and Argyle.

(e) Auburn between Grenway Alley and Cleveburn.

(f) Lexington between Norwood and Elmwood.

(g) West Utica between Ashland and Delaware.

(h) Hodge between Ashland and Delaware.

(i) Bryant between Ashland and Delaware.

(j) Summer between Richmond and Delaware.

(k) North between Symphony Circle and Delaware.

(2) Where the district terminates at an intersection, the district shall not include all four corners of the intersection, only those properties located between the streets listed.

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C. Definitions: Definitions relevant to the Elmwood Village Design Standards.

ACCORDION GATE

A metal gate assembly, jointed so that it can be moved to and locked in position across the window or other opening, in order to prevent unauthorized entry through the opening.

AWNING

A roof-like cover extending over or in front of a storefront (as over the deck or in front of a door and/or window) as a shelter.

BAY

A main division of a structure.

BAY WINDOW

A window or series of windows forming a bay in a room and projecting outward from the wall.

BELT COURSE

A narrow horizontal band projecting from the exterior walls of a building, usually defining the interior floor levels.

BULKHEAD

The area below the display windows at the sidewalk level.

CANOPY

An ornamental projection over a door, window, niche, etc.

CHANNEL LETTER SIGN

Fabricated or formed three-dimensional letter with an open face that may accommodate a light source.

[Added 6-14-2011]

CLERESTORY

An outside wall of a room or building that rises above an adjoining roof and contains windows.

COILING SHUTTER

A moveable screen or cover used to protect an opening.

COLUMN

A supporting post, often round in shape, found on storefronts, porches and balconies; may be fluted or smooth.

CORNICE

The projecting uppermost portion of a wall, sometimes treated in a decorative manner with brackets.

E.I.F.S. (Exterior Insulated Finish System)

Synthetic stucco which is applied in one or more coats over rigid foam insulation and a fiberglass mesh.

[Added 6-14-2011]

ELECTRONIC MESSAGE BOARD SIGN

Any sign that displays changing still images, scrolling images, or moving images, including video and animation, utilizing a series or grid of lights that may be changed through electronic means, including cathode ray, light-emitting diode (LED) display, plasma screen, liquid crystal display (LCD), fiber-optic or other electronic media or technology.

[Added 6-14-2011]

FACADE

The face of a building, including all windows, doors, sign areas, and decorative elements.

[Amended 6-14-2011]

FASCIA SIGNBOARD

A flat horizontal member of a building having to be used for a nameplate over the front of a shop.

FENESTRATION

The arrangement of windows in a wall.

FRIEZE

The portion of the facade found just below the point where the wall surface meets the building's cornice or roof overhang.

FRONT LOT LINE

On a regular lot, the front lot line is the shared line between the lot and a sidewalk/public right-of-way.

GABLE ROOF

A roof that consists of two sloping planes that meet at the ridge or peak. The planes are supported at their ends by triangular, upward extensions of walls known as "gables."

MANSARD ROOF

A roof that has two slopes on all four sides.

MASSING OF THE BUILDING(S)

The combined effect of the arrangement, volume and shape of a building or group of buildings. Also called "bulk."

NEON SIGN

A sign manufactured utilizing neon tubing which is visible to the viewer.

[Added 6-14-2011]

NEON TUBING

Electric discharge and cold cathode tubing manufactured into shapes that form letters, parts of letters, skeleton tubing, outline lighting, and other decorative elements or art forms in various colors and diameters and filled with inert gases.

[Added 6-14-2011]

PARAPET

The portion of an exterior wall that rises entirely above the roof, usually in the form of a low retaining wall; the parapet may be shaped or stepped.

PILASTER

A shallow pier attached to a wall; often decorated to resemble a classical column.

PUBLIC RIGHT-OF-WAY

Includes the street, curb and sidewalk area in front of private property at the front lot line.

SCALE

A relative level or degree; to make in accordance with a particular proportion or scale with the surrounding architecture.

SECRETARY OF THE INTERIOR DESIGN STANDARDS

The United States Secretary of the Interior sets the standards for national preservation programs. The Standards for Rehabilitation provide guidelines for rehabilitation and adaptive reuse of historic properties.

SETBACK

An architectural expedient in which the upper stories of a tall building are stepped back from the lower stories; designed to permit more light to reach the street.

SIDE LIGHT

A framed area of fixed glass alongside a door or window opening.

STOREFRONT

The front side of a store or store building facing a street.

STUCCO

A plaster made mostly from Portland cement and sand and lime, applied while soft to cover walls or surfaces.

[Added 6-14-2011]

TEXTURE

The visual or tactile surface characteristics and appearance of a building.

TRANSOM

A small-hinged window above a door or another window.

TRANSPARENT GLASS—DEGREE OF TINTING

Capable of transmitting light so that objects may be easily seen on the other side.

VALANCE

A short drapery, decorative board or metal strip mounted across the bottom of an awning to conceal structural fixtures.

VIEWING ZONE

The viewable portion of a storefront from the outside sidewalk.

D. Community notification. In addition to any existing notification requirements, the following notification procedures shall apply when an applicant applies for a building permit to construct a new structure or alter the exterior of an existing structure or a rezoning within the boundaries of the Elmwood Village Design Standards District.

[Amended 6-14-2011]

(1) Transmittal to community organization.

(a) Within three business days of receipt of an application to the Permits Office, the City will transmit a copy of the application to a community organization that has requested notification for the following situations:

[1] New structure;

[2] Exterior alteration of existing structure;

[3] Zoning variance required;

[4] Rezoning; or

[5] Demolition.

(b) A community organization shall be a not-for-profit corporation incorporated for, among other things, community development within the Elmwood Village Design Standards District or an organization operating within the Elmwood Village Design Standards District and registered with the Board of Block Clubs of Buffalo and Erie County, Inc. A community organization shall request to receive notification by submitting a written request to the City Clerk's Office, who shall then transmit the written request to the Common Council to be received and filed. In order to continue receiving notification, a written request must be submitted to the City Clerk every two years, which time period shall be measured from the date of submission of the last written request.

(2) Within three business days of submitting an application for any of the reasons listed in Subsection D(1) above, the applicant is required to affix a sign approved by the Permits Office to the subject property in such a location that it is immediately visible from the major street adjacent to the property. Said sign shall state the nature of the application (e.g., building permit, demolition permit, application for rezoning) and the appropriate City of Buffalo phone number to call for more information. The sign shall be obtained and erected by the applicant at his or her expense and shall be made and printed with durable material to withstand weather elements, and shall be a minimum size of four feet by four feet. If a public hearing is required, the sign must be displayed for a minimum of 10 days prior to public hearing (Photo #1 below). Editor's Note: Former Subsection E, Demolitions, which immediately followed, was repealed 6-14-2011. This ordinance also redesignated former Subsections F and G as Subsections E and F, respectively.

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| |Photo #1 |

E. Building to site relationships. Site design shall be oriented toward the pedestrian.

[Amended 6-14-2011]

(1) Buildings shall be built to the front lot line with an exception for setbacks of up to 10 feet from the lot line allowed to accommodate pedestrian-friendly uses such as outdoor eating spaces, small public plazas or sitting areas that welcome pedestrians, but that do not impede pedestrian traffic.

(2) Parking will not be allowed in front of or at the sides of buildings. Parking shall only be permitted behind buildings.

(3) New buildings built on corner lots shall be built to the front and side street lot lines.

(4) Dumpsters shall be completely and attractively screened from the public right-of-way.

F. Specific standards and considerations.

[Amended 6-14-2011]

(1) Scale. New buildings shall maintain the predominant scale of other buildings nearby:

(a) New buildings and building additions shall respect the predominant height of buildings within the area (Drawing #1). Not including stories below grade buildings shall be between two and five stories. All the building stories must be constructed and designed to support business and residential occupancies as defined in Section 302 of the Building Code of the State of New York.

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| |Drawing #1 |

(b) The floor-to-floor height of the ground-floor story shall be between 15 and 18 feet tall or approximately 50% greater than the upper story floor-to-floor height(s).

| |[pic] |

| |Drawing #2 |

(c) New storefronts shall respect the predominant width of storefronts which tends to be not more than 25 feet. Where a new storefront is to be wider than 25 feet, it shall incorporate architectural elements, such as bays, columns and divided windows, that allow it to appear to be several smaller storefronts and thus allow it to be subdivided into smaller storefronts in the future.

(d) A single-business outlet is allowed to have a maximum floor area of 2,500 square feet per floor and a maximum of 5,000 square feet in a single building.

(e) New commercial buildings shall be designed for mixed use with any combination of retail, office, and residential. Buildings currently designed for a mix of uses must maintain a mix of uses. Parcels with buildings dedicated solely to residential use, which are not adjacent to existing commercial buildings, are not required to be mixed use.

| |[pic] |

| |Drawing #3 |

(2) General design. Architectural designs and details that respect the character of the Elmwood Village shall be incorporated to encourage building design diversity, break up the mass of larger buildings.

(a) There shall be traditional organizational composition, including a strongly articulated lower facade, an identifiable upper facade and a decorative cornice capping the building (Drawing #2).

(b) Buildings shall create visual separation between the lower facade and the upper facade. Some design elements that are particularly successful in creating this separation include utilizing canopies (Drawings #4, note 8), varying textures (Drawings #4, note 9), varying window patterns (Drawings #4, note 10), and incorporating sign friezes or storefront cornices (Drawings #4, note 11).

| |[pic] |

| |Drawing #4 |

(c) Include design elements, such as window bays, columns, awnings, changes in material or texture, and window and entrance design and placement, in a way that serves to break up the massing of the building.

(d) Details on existing buildings, such as transoms, decorative cornices, pilasters, columns or beltcourses are encouraged and should not be covered up or removed from existing buildings.

(e) On building exteriors that are visible from a street, the following materials shall not be used:

[1] Vinyl siding;

[2] Aluminum siding;

[3] Any style of concrete block; and

[4] Exterior insulation and finish systems (E.I.F.S.) except on up to 20% above the first story on each facade.

(f) Buildings at corners, or on lots where the size or setback of adjacent buildings makes more than one side visible from the public right-of-way, must treat each visible side as a primary facade and incorporate the details, materials and fenestration required in this section.

(g) Roof design shall be functional and consistent in scale and architectural style with buildings in the Elmwood Village, which are generally either front gable steeply pitched or flat/slightly pitched surrounded by a parapet (Drawings #5, note 13). Roofs shall not make up more than 25% of the visible facade area of the building (Drawings #5, note 14), except where the portion of the roof on the facade is considered useable space, as with a mansard-style roof. The cornice and/or parapet is an area where architectural detail and materials are important, as they can add distinctiveness and visual emphasis to a building, but they should be designed to be consistent with the body of the design in scale and detail.

| |[pic] |

| |Drawing #5 |

(3) Entrances. Entrances shall be well articulated and oriented toward the primary street.

(a) Architectural detail shall be incorporated into the ground floor facade in order to create an easily identifiable and welcoming entrance. This is typically accomplished through: recessed entries placed between two display windows (Drawing #6, note 15); decorative or distinctive entryway paving (Drawing #6, note 16); bulkheads of contrasting materials (Drawing #6, note 17); and/or perpendicular signage or awnings placed directly over the entrance (Drawing #6, note 18).

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| |Drawing #6 |

(b) Major entrances shall be oriented toward the primary street. Buildings, such as the one shown in Drawing #7, with a primary entrance through the building parking lot shall not be permitted.

| |[pic] |

| |Drawing #7 |

(4) Fenestration.

(a) At least 70% of the viewing zone (from two to eight feet above the ground plane) of the first floor facade shall be transparent glass with a visual light transmittance of 60% or greater. Where a new building is constructed on a corner, each side visible from a street would be considered a primary storefront facade and incorporate these fenestration patterns, unless doing so should be unduly obtrusive into a primarily residential street (Drawing #8).

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| |Drawing #8 |

(b) Bulkhead heights shall be a minimum of 18 inches and not exceed 30 inches above the ground plane. Window displays are encouraged, but visibility into the building from the sidewalk shall be maintained (Drawing #9).

| |[pic] |

| |Drawing #9 |

(c) Display windows shall be designed as large, full-glass openings. Smaller panes or ornamentations on storefront windows shall be reserved for clerestories or sidelight areas so as not to present a residential or fake historic character.

(d) Upper stories shall incorporate window patterns and designs that are compatible with and complementary to existing upper-story window patterns on the block.

(e) Existing windows, transoms or sidelights are important scale and character elements and shall only be covered up or changed in size in an effort to restore the original appearance of the building. Transparent glazing should be retained and not replaced with translucent glass or any opaque material.

(f) Security devices such as coiling shutters and accordion gates are not allowed on front facades.

(5) Signage and awnings. To the extent that there is a conflict between § 511-56F(2) and this section in the Elmwood Village Design Standards District, this section shall control.

(a) For a single business or service there shall be no more than two signs, totaling no more than 35 square feet on each side of a building adjacent to a street, that identify a permitted use on the premises.

(b) Signs, except for allowed temporary signs and accessory signs, may only identify the name of the permitted use on the premises.

(c) Perpendicular signs are allowed between eight and 15 feet above the ground plane, extending no more than five feet from the building face, and with a total area of no more than 16 square feet. No more than one perpendicular sign per establishment shall be allowed, except in those instances where an establishment has more than one customer entrance or faces onto more than one public right-of-way.

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| |Drawing #10 |

(d) Wall signs attached flush to the building facade are allowed, so long as they do not extend above the roofline and are placed in a location that minimizes any impact on architectural details or features, including windows, transoms and clerestories. On existing buildings, there will often be a fascia signboard spot above the first-floor windows and entryway where wall signs can be attached (Drawing #11, note 23).

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| |Drawing #11 |

(e) Signs for ground-floor establishments shall not extend above the ground-floor facade, unless the establishment itself extends to the upper stories.

(f) Freestanding signs are not allowed, except where a commercial use is being developed in a building that has already been developed with a substantial setback from the property line (such as offices being developed in former residential spaces). Under these circumstances, freestanding signs shall not project past the property line, obscure the building, be more than five feet in total height or have a total area exceeding 16 square feet, nor should these signs extend all the way to the ground. These signs shall be set back at least two feet from the public right-of-way.

(g) Under no circumstances may signs or awnings be attached to a building in such a way that obscures or damages significant architectural elements of the building. Signs shall not be attached to or through E.I.F.S.

(h) Awnings that are functional for shade and shelter purposes are encouraged. These awnings shall be made of canvas or a canvas-like material, shall fit the shape and scale of the window or door they are sheltering, and shall be designed to be compatible with and complementary to building signage and design.

(i) Under no circumstances may plastic-formed or vacuum-formed awnings, or any other style of awning whose primary purpose is to act as signage, be permitted.

(j) Under no circumstances may awnings or signs be backlit or internally lit regardless of the light source, except for halo signs. Instead, illumination shall be from direct, shielded light fixtures, and be carefully integrated into the overall design of the building so as to provide visibility and safety but to avoid creating glare or light distribution that adversely affects motorists, pedestrians or neighboring properties.

(k) Signs and accents made with exposed neon tubing are allowed so long as they are carefully designed with shapes and colors that complement the architecture of the building and the district. Accessory neon signs shall be limited to no more than two individual signs per storefront.

(l) Each temporary sign shall be allowed for only 30 days and not be reinstalled for 90 days.

(m) Total area of all signs and posters on windows may not obstruct more than 25% of the view from the sidewalk to the interior.

(n) Electronic message board signs shall not be allowed.

(o) Temporary signs that identify or advertise the sale, lease or rental of a particular structure or land area are allowed and limited to wall, window and ground signs; one sign per facade; not more than five square feet in area per facade; not more than six feet above grade; no illumination; and no

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