Central Square City Zoning Code
ARTICLE III
Supplementary Regulations
§ 250-12 Exceptions, additions and modifications.
The provisions of this chapter shall be subject to such exceptions, additions or modifications as herein provided by the following regulations.
§ 250-13 Required area or space not to be reduced.
No lot, yard, court, parking area or other space shall be so reduced in area, dimensions or capacity as to make said area, dimensions or capacity less than the minimum required under this chapter. If already less than the minimum required under this chapter, such area, dimension or capacity shall not be further reduced.
§ 250-14 Street frontage.
No dwelling shall be erected on any lot which does not have a permanent frontage on a street.
§ 250-15 Temporary dwellings prohibited.
Manufactured homes, recreational vehicles and other structures customarily used for temporary dwelling purposes shall not be permitted to be occupied or used in any district.
§ 250-16 Junkyards and dumps.
As defined in this chapter, junkyards and dumps shall be prohibited within the boundaries of the Village.
§ 250-17 Temporary uses.
The temporary use of a structure and premises in an undeveloped or sparsely developed district for a purpose or use that does not conform to the provisions of this chapter for the district in which it is to be located, provided that such use is of a truly temporary nature and does not involve the erection of any permanent structure, may be permitted by the Board of Appeals. The Board of Appeals may grant therefor a temporary and revocable permit for not more than a twelve-month period, subject to such conditions as will safeguard the public health, safety, convenience and general welfare.
§ 250-18 Lots in two districts.
Where a district boundary line divides a lot in single or joint ownership of record at the time such line is adopted, the lot shall conform to the restriction of the larger part, if such lot has only one frontage on a street.
§ 250-19 Signs.
A.
Purpose. The purpose of this section is to promote and protect the public health, welfare and safety by regulating existing and proposed advertising signs of all types. It is intended to protect property values, create a more attractive economic and business climate, enhance and protect the physical appearance of the community, preserve the scenic and natural beauty and provide a more enjoyable and pleasing community. It is further intended hereby to reduce sign or advertising distractions and obstructions that may contribute to traffic accidents, reduce hazards that may be caused by signs overhanging or projecting over public rights-of-way, provide more visual open space and curb the deterioration of the community's appearance and attractiveness. These regulations are also intended to ensure that the constitutionally guaranteed right of free expression is protected.
B.
Applicability. Any signs not specifically permitted by this chapter shall be prohibited.
C.
Sign permits.
(1)
Except as otherwise provided, no person shall erect, alter, replace a sign face, or relocate any sign without first obtaining a permit from the Code Enforcement Officer.
(2)
Application procedure. Application for permit shall be made upon forms provided by the Code Enforcement Officer and shall contain the following information:
(a)
Name, address, and telephone number of the applicant.
(b)
Location of building, structure, or land to which or upon which the sign is to be erected.
(c)
If a new sign is to be erected, installed or painted on a structure, provide elevation and plan drawings to scale. In addition, a full description of the placement and appearance should cover the following:
[1]
Location on the premises, specifically, its position in relationship to adjacent buildings, structures, sidewalks and property lines.
[2]
The method of illumination, if any, and the position of lighting or other extraneous devices, and a copy of the electrical permit related to the electrical connections.
[3]
Graphic designs including materials and colors.
(d)
Written consent of the owner of the building, structure or land to which or upon which the sign is to be erected, in the event the applicant is not the owner thereof.
(3)
Issuance of permit. It shall be the duty of the Code Enforcement Officer upon the filing of any application for a permit to erect a sign to examine such plans, specifications and other data submitted to him or her with the application, and, if necessary, the building or premises upon which it is proposed to erect the sign or other advertising structure. In cases where approval of the Planning Board is necessary, the Code Enforcement Officer shall submit all pertinent plans, drawings and applications together with his or her recommendation to the Planning Board. Upon approval of the Planning Board and compliance with these regulations and other provisions of the Village of Central Square Municipal Code, and any rules or regulations adopted pursuant thereto, he or she shall then, within 10 business days, issue a permit for the erection of the proposed sign.
(4)
Permit duration. If the sign authorized under such permit has not been completed within six months from the date of issuance of such permit, the permit shall become null and void, but may be renewed within 10 days from the expiration thereof, for good cause upon payment of an additional fee in accordance with a schedule of permit fees adopted by the Board of Trustees and on file in the Village Clerk's office.
(5)
All signs installed after the effective date of these regulations shall have affixed to the sign the sign permit number which shall be located on the sign face or frame and readable from the ground.
(6)
Appeals procedures. Appeal of any decision of the Code Enforcement Officer shall be made to the Board of Appeals pursuant to Article IV of this chapter.
(7)
Interpretation; conflict with other laws. In their interpretation and application, these regulations shall be held to be minimum requirements, adopted for the promotion of the public health, morals, safety or the general welfare. It is not intended to interfere with, abrogate or annul other rules, regulations or enactments, provided that whenever the requirements of these regulations are at variance with the requirements of any other lawfully adopted regulations, rules, or enactments, the most restrictive or those which impose the highest standards shall govern.
(8)
Schedule of permit fees. The Board of Trustees shall establish and make available at the Village Clerk's office a schedule of fees for sign permits. There shall be no fees for the following classifications of signs:
(9)
Construction standards.
(a)
All sign fabrications, erection and attachment shall conform to the requirements of the current edition of the Uniform Code and any other applicable codes, rules or regulations.
(b)
All freestanding signs shall be designed to withstand a wind pressure of not less than 30 pounds per square foot surface area.
(c)
All signs, including wall-mounted and projecting signs, shall be securely anchored and shall not swing or move in any manner.
(d)
All signs, sign finishes, supports and electrical work shall be kept clean, neatly painted, and free from all hazards, such as, but not limited to, faulty wiring, and loose supports, braces, guys and anchors.
(e)
All projecting, freestanding or wall signs shall employ acceptable safety material.
(f)
All signs shall be painted and/or fabricated in accordance with generally accepted materials.
(g)
Signs should be designed to be compatible with surroundings and appropriate to the architectural character of the buildings on which they are placed. Sign panels and graphics should relate with and not cover architectural features and should be in proportion to them.
(h)
Banners. Banners will be hung with all four corners securely fastened, a brace in the middle of the banner and weights in the hem to prevent the banner from twisting. Such banners or pennants will be displayed for no longer than a four-week period. Over-the-road special event banner size shall not exceed three feet high by the width of the road. Business banners shall not exceed 30 square feet in area.
(i)
All internally illuminated signs shall be constructed in conformance with the "Standards for Electric Signs (UL 48) of the Underwriters Laboratories, Inc." and bear the seal of the Underwriters Laboratories, Inc. If such sign does not bear the Underwriters Laboratories label, the sign shall be inspected and certified by an electrical inspection agency authorized by the Board of Trustees. All transformers, wires and similar items shall be concealed. All wiring to freestanding signs shall be underground.
D.
Sign restrictions; general.
(1)
No sign shall impair or cause confusion of vehicular or pedestrian traffic in its design, color, lighting or placement. No sign shall impair visibility for the motorist at a street corner or intersection by placement and location within 25 feet of the intersection of the street or highway right-of-way boundary.
(2)
No sign shall be illuminated by or contain flashing, intermittent, rotating or moving lights except to show time and temperature.
(3)
No sign shall produce illumination in excess of five footcandles at a distance of seven feet, unless otherwise specified in this section.
(4)
No signs shall be affixed to or painted upon public utility poles, lamppost, water or fire hydrant, bridges, trees, rocks or other such structures, whether situated on public or private land.
(5)
No sign shall obstruct any fire escape, window, door or opening that may be used as a means of ingress or egress, ventilation or for firefighting purposes.
(6)
No sign shall project into a vehicular driveway at an elevation less than 14 feet above grade.
(7)
No sign shall project into an area designed as a pedestrian way at an elevation less than 10 feet above grade.
(8)
All new billboards are prohibited.
(9)
No sign shall be placed on public property or street right-of-way without approval of the Village Board of Trustees.
(10)
All signs shall be contained within the property boundary lines of the subject property, at least six feet from the property line.
(11)
No freestanding sign shall be more than 25 feet in height above finished grade. Such height shall be measured vertically from the established average grade directly below the sign.
(12)
Only one freestanding sign as permitted by this chapter shall be permitted on any parcel, whether a single parcel with more than one building, more than one business or a shopping plaza type of business.
(13)
Nothing in this article shall be construed as a restriction of the placing of holiday decorations and/or holiday lights 30 days before and 15 days after the holiday.
(14)
All signs, except governmental signs and those normally affixed by utilities on poles, are prohibited upon any public street or street right-of-way unless permission is obtained by resolution of the Board of Trustees.
(15)
Permitted copy. Notwithstanding anything to the contrary contained in this section, any sign authorized under the provisions of this chapter may contain noncommercial copy in lieu of other copy.
E.
Permitted signs.
(1)
Specialty signs. Special time and temperature signs with or without electrical lettering, special clock signs, special shopping plaza identification signs, portable A-frame signs, remote locations signs, directional signs, tourist signs, and other special signs of similar nature may be erected, in any district, with the written resolution of the Village Planning Board.
(2)
Private traffic signs. No sign shall exceed nine square feet in area shall be allowed only in the Village Business District or the East Avenue Commercial District and shall be approved by resolution of the Planning Board.
(3)
Banners. Banners, posters, pennants, ribbons, streamers and spinners shall be displayed only in connection with a specific, temporary, commercial promotion, shall be confined to the site of the promotion and shall require a permit issued by the Code Enforcement Officer for a site-specific event, or approval of the Village Board of Trustees if to be placed on public property or on or over a street right-of-way. Such banner, posters, pennants, ribbons, streamers or spinners shall be allowed for a maximum of 30 days per calendar year and shall be removed within 10 days after such promotion has been concluded.
(4)
Temporary signs.
(a)
Temporary signage serves a legitimate practical purpose and has little or no lasting impact on the character of Village. The criteria in this section shall be used when reviewing and approving temporary signs. Temporary signs shall be reviewed so as to be content neutral.
(b)
The Code Enforcement Officer shall approve temporary signage to be installed for less than 60 days and is larger than four square feet and up to 20 square feet in size, provided it is installed in a manner that does not cause permanent damage to property or obstruct traffic visibility or accessibility.
(c)
The Planning Board shall review temporary sign applications intended to be installed for more than 60 days and/or is more than 20 square feet in size according to the standards and criteria for permanent signs. The Planning Board may grant flexibility in terms of size, placement, type, shape, and material, provided that the sign is installed in a manner that does not cause permanent damage to property or cause obstructions to traffic visibility or accessibility.
(d)
There shall be no more than two temporary signs on any property and such signs shall not exceed the maximum area of signage allowed for the signs otherwise allowed for the district.
(e)
Temporary signs shall be set back at least six feet from the property line.
(f)
The permit application for a temporary sign shall indicate the period of time during which the sign is to be displayed. The permit for a temporary sign is not valid beyond its stated duration.
(5)
Directional signs.
(a)
The text will contain direction message only.
(b)
The signs should be located where necessary to mark driveway entrances or to direct cars to parking areas.
(c)
Size will not exceed four square feet per face.
(d)
The Planning Board shall approve all directional signs as part of site plan approval or revision.
F.
Establishment of sign districts. The Village Board of Trustees for the purposes of these sign regulations hereby divides the Village into two districts as follows: the Village Business Sign District shall be comprised of all real property located west of the existing railroad tracks, which intersect County Route 49 between Interstate 81 and Route 11; and the East Avenue Commercial Sign District shall be comprised of all real property located east of the existing railroad tracks, which intersect County Route 49 between Interstate 81 and Route 11.
G.
Signs allowed in Village Business Sign District:
(1)
Only one freestanding, nonrotating sign, illuminated or nonilluminated, shall be permitted. Such sign shall not exceed nine square feet area per face and shall not exceed a height of 15 feet.
(2)
In addition to the freestanding sign, either one wall sign attached to the building not to exceed a maximum of 10% of the area of the wall such sign is attached will be permitted, or one permanent window sign per window not to exceed 25% of the area of the window pane or four square feet, whichever is less shall be permitted.
(3)
Buildings located on a corner lot. In addition to signs permitted in this section, one attached sign facing the secondary street will also be allowed, provided that the total area of signs on both the primary and secondary building faces shall not exceed 125% of the maximum area permitted for a single attached sign as provided above (measured on the street address side of the building).
(4)
In lieu of the sign allowed in Subsection G(2) or (3) above, where a property is located such that wall signs or window signs will be ineffective, there will be allowed one roof sign which shall be limited to 50% of the signage allowed for wall and window signs. Such signs shall not exceed six feet in height and shall not extend above the roofline of the building. Roof signs shall not, however, be allowed on buildings with a flat roof.
H.
Signs allowed in East Avenue Commercial Sign District. The following signs are permitted in this district:
(1)
One freestanding, nonrotating sign, illuminated or nonilluminated, not to exceed 32 square feet in area per face. This sign shall not exceed a height of 25 feet.
(2)
One wall sign, either nonilluminated or illuminated by indirect light only, which shall be limited in size to a maximum of 15% of the area of the wall to which the sign is attached.
(3)
One permanent window sign per window, with a maximum of two per ground floor business establishment. The area of such sign shall not exceed 25% of the window pane or four square feet, whichever is less.
(4)
Buildings located on a corner lot: in addition to signs permitted in this chapter, one attached wall sign facing the secondary street will also be allowed, providing that the total area of signs on both the primary and secondary building faces shall not exceed 125% of the maximum area permitted for a single attached sign as provided above (measured on the street address side of the building).
(5)
Electronic message signs.
(a)
Electronic message signs shall be permitted only as an integral and subordinate portion of a freestanding sign as permitted in the East Avenue Commercial District. The electronic changeable copy sign shall be included in the calculation of the maximum allowable sign surface area for the freestanding sign to which it is attached.
(b)
Electronic message signs are limited to one per lot of record. Any permitted electronic changeable copy signs shall be subject to all of the following requirements:
[1]
Electronic message signs shall display static messages only with no animation, no effects simulating animation, and no video. The messages shall not dissolve, fade, scroll, travel, flash, spin, revolve, shake or include any other type of movement or motion.
[2]
The area of the display face of electronic message signs shall not exceed 30 square feet or 50% of the sign surface area of the primary freestanding sign to which it is attached, whichever is less.
[3]
The interval (the amount of time in between the event) of change of any such static messages shall be no less than 15 seconds, i.e., each message displayed shall be displayed for a minimum period of 15 seconds.
[4]
Each transition from one message to a subsequent message shall be accomplished immediately with no fade, dissolve, scroll or travel.
[5]
The sign shall be equipped with photosensitive equipment that is programmed to automatically adjust the brightness and contrast of the sign in direct relation to the ambient outdoor illumination. Maximum brightness levels for electronic changeable copy signs shall not exceed 5,000 nits when measured from the sign's face at its maximum brightness, during daylight hours, and 280 nits when measured from the sign's face at its maximum brightness between dusk and dawn, i.e., the time of day between sunrise and sunset. The sign installer shall provide certification that the maximum brightness (nits) is not exceeded for daylight and nighttime settings.
[6]
The sign shall be programmed or set in a manner such that the display will turn dark and emit no light in case of a malfunction.
(c)
Limited to conforming freestanding sign. An electronic message sign may be located only as part of a sign which is in compliance with all applicable requirements of this section and other applicable requirements of law. No electronic message sign may be located as part of a nonconforming sign.
I.
Sign directory.
(1)
Professional buildings containing more than one business establishment, either:
(a)
One wall sign, nonilluminated or illuminated by indirect light only which shall be no more than one square foot for each foot of linear frontage of the building along the street up to a maximum of 20 square feet with a sign height not exceeding three square feet; or
(b)
One freestanding, nonrotating ground sign directory, located on a permitted freestanding sign, located six feet from any lot line not exceeding two square feet in area per business identified up to a total of 20 square feet. All businesses on the same directory shall advertise on signs identical in size and shape.
(2)
Plaza: one sign directory, either:
(a)
A wall sign adjacent to the principal entrance and not exceeding 1/3 the size of the principal entrance opening; or
(b)
One common ground sign directory denoting the name of the plaza shall be permitted. Such sign directory will be located in the front yard six feet from any lot line and not exceeding two square feet in area per business identified, up to a total of 20 square feet and not greater than 15 feet in height within the Village Business Sign District or 25 feet in height in the East Avenue Commercial Sign District.
(3)
Shopping center.
(a)
One common sign denoting the name of the shopping center shall be permitted. Such sign directory, nonilluminated or illuminated only by indirect light, shall be allowed within the front yard six feet from any lot line and not exceeding two square feet in area per business identified, up to a total of 20 square feet. The maximum height shall be determined by the Planning Board as part of site plan approval.
(b)
All other signs for the shopping center shall meet the requirements of this chapter, except that the total sign area allowed for the shopping center shall be established by the Planning Board as part of the sign plan established as part of site plan approval.
J.
Signs for gasoline stations.
(1)
One permanent freestanding sign shall be allowed for identification of the gasoline station by trade name. The freestanding sign may be illuminated by indirect lighting but may not contain any flashing or rotating lights. The freestanding sign may not be a rotating sign and may identify only the gas station trade name and the price of gasoline. Such sign shall not exceed 16 square feet per face in the Village Business District nor more than 32 square feet area per face in the East Avenue Commercial District. The height of such sign shall not exceed 15 feet in the Village Business District nor more than 25 feet in the East Avenue Commercial District.
(2)
One proprietor identification sign not exceeding two square feet shall be allowed.
(3)
Regulatory signs. Price signs will be allowed, one per gasoline pump, as prescribed by state law and such logo signs as are inscribed on the base of the pumps by manufacturer of the pump shall be allowed (Article 16 of the Agriculture and Markets Law, Weights and Measures); additionally, signs required by the Department of Motor Vehicles for motor vehicle inspection stations, motor vehicle repair facilities and similar signs are allowed in accordance with New York State requirements.
(4)
If a dispenser wrap (the area above the pumps) is used, it will only contain the gasoline brand, logo or proprietor name.
K.
Exempt signs. The following signs are exempt from the provisions or requirements for permits:
(1)
Any New York State inspection station identification sign or authorized repair shop identification which does not exceed 10 feet and is located on an exterior or interior wall of the motor vehicle service station.
(2)
One self-service identification sign which does not exceed two square feet per self-service fuel pump island.
(3)
One full-service identification sign which does not exceed two square feet per full-service fuel pump island.
(4)
Fuel price signs required by federal, state or local legislation.
(5)
Street number identification plates.
(6)
Historical site markers.
(7)
No-trespassing signs.
(8)
Posted (no hunting, fishing and trapping) signs.
(9)
Governmental signs.
(10)
Utility line identification and location signs.
(11)
Phone identification signs.
(12)
Restroom identification signs.
(13)
Handicapped parking and access signs.
(14)
Vacancy/no-vacancy signs which do not exceed three square feet.
(15)
Accessory signs identifying such use as parking, no parking or office, which do not exceed two square feet each.
(16)
Open/closed business signs that do not exceed two square feet.
(17)
Street identification, traffic and governmental signs and control devices required by law, ordinance or regulation.
(18)
Official public information signs, memorial signs, building names, erection dates or similar information cut into masonry or other permanent surface or constructed of bronze or oilier noncombustible material, not to exceed 16 square feet.
(19)
Signs and markers in cemeteries designating graves and memorials.
(20)
Temporary signs not exceeding four square feet in area and not more than two per property and not be maintained for more than 60 days.
L.
Illegal signs.
(1)
Any abandoned sign which no longer identifies a bona fide use shall be removed within 30 days after written notice by the Code Enforcement Officer. If the property owner fails to comply, the Village may remove said sign and supporting structure and assess the actual costs, together with an additional 50% to cover the administrative expenses, against said property.
(2)
Should any sign be or become unsafe, defaced, in danger of falling or a danger to members of the public, the owner thereof or the person maintaining the same shall, upon receipt of written notice from the Code Enforcement Officer, proceed at once to put such sign in a safe and secure condition or renovate or remove the sign; provided, however, that if such situation is not corrected within 72 hours after notice, the Code Enforcement Officer shall correct the situation or have it corrected, with the costs assessed and collected in the same manner as provided in Subsection L(1) above.
M.
Nonconforming signs. Any sign that was legally installed by permit in conformance with all applicable sign regulations and ordinances in effect at the time of its installation, but which may no longer comply with subsequently enacted local laws and ordinances having jurisdiction relative to the sign, shall be exempt from these regulations except as follows:
(1)
Said signs shall not be enlarged, structurally altered or relocated except in accordance with the provisions of these regulations.
(2)
Repairs of said signs shall be limited to those necessary to maintain the sign in a safe and attractive appearance.
(3)
Any sign that is enlarged, structurally altered, moved or changed or any change in its name or text shall require a new permit and must conform with these regulations.
§ 250-20 Satellite antennas.
A satellite antenna, which is defined herein as a parabolic dish or other antenna or device, more than one meter in size, the purpose of which is to receive television, radio and/or microwave or other signals from space satellites, may be erected and maintained subject to the following requirements:
A.
A special permit shall be obtained from the Village Planning Board, pursuant to § 250-34 of this chapter. The Planning Board may dispense with the filing of a site plan but may require a sketch of the proposed location.
B.
The satellite antenna shall not exceed 15 feet in height, width or depth.
C.
The Planning Board shall have the power to designate the exact location of the antenna and to require any landscaping or screening to protect the aesthetic appearance of the area.
D.
No satellite antenna shall be installed on or above any building or structure except in commercial or industrial districts.
§ 250-21 Townhouse developments.
A.
The Planning Board is authorized to approve special uses pursuant to § 250-34 of this chapter. The Planning Board is authorized to review and approve, approve with modifications or disapprove special uses in accordance with the following procedures and conditions.
B.
Procedure. The procedure for obtaining a building permit for a townhouse development shall be as follows:
(1)
The owner of the land shall apply in writing and shall submit two copies of a preliminary site development plan and any other supplementary material as hereinafter prescribed.
(2)
The Planning Board shall discuss the proposed application and shall review the preliminary site development plan with the owner at a meeting of the Planning Board. The Planning Board shall prepare general recommendations with regard to the preliminary site development plan.
(3)
The Planning Board shall send a copy of its recommendations to the owner indicating its approval in principle, or its disapproval, concerning the preliminary site development plan. If the preliminary site development plan is approved in principle, the Planning Board shall state any specific changes it will require and authorize the owner to submit a formal application and site plan.
(4)
The owner shall submit 10 copies of an application for a townhouse development and 10 copies of a site plan and any other supplementary material as described in Subsection F of this section.
(5)
The Planning Board shall discuss the application and site plan with the owner at a public meeting. The Planning Board will make a preliminary SEQRA determination and submit its findings with regard to the townhouse application and the site plan as required by Subsection F of this section.
(6)
After receipt of the Planning Board's recommendations, public notice shall be given, and a public hearing held by the Board of Trustees on the proposed application as provided by law in the case of an amendment to this chapter, including required referrals in accordance with General Municipal Law § 239.
(7)
After the public hearing, the Board of Trustees may approve, approve with conditions or deny the application for a building permit. If the application is approved, the Board of Trustees shall direct the Code Enforcement Officer to issue a building permit. If the applicant accepts the approval with conditions, the Board of Trustees shall direct the Code Enforcement Officer to issue a building permit setting forth the conditions; if, however, the applicant refuses to accept the conditions, then the application shall be deemed denied.
C.
Townhouse application and site plan. The owner shall submit the application and the preliminary site development plan to the Planning Board for review which shall include all the information required in Subsection F of this section. The final site plan shall be in general conformance with the approved preliminary site development plan.
D.
Required findings. The Planning Board, after determining that all the requirements of this chapter dealing with townhouse developments have been met, shall recommend the approval, approval with modifications, or disapproval of the site plan. The Planning Board shall enter its reasons for such action in its records. The Planning Board may recommend to the Board of Trustees the approval of a townhouse development if it finds the facts submitted with the site plan established that:
(1)
The uses proposed will not be detrimental to present and potential surrounding uses but will have a beneficial effect which could not be achieved under any other development.
(2)
Land surrounding the proposed development can be planned in coordination with the proposed development and that it will be compatible in use.
(3)
The proposed townhouse development is in conformance with the general intent of the Comprehensive Plan.
(4)
Existing and proposed utility services, including but not limited to water, sanitary sewer and stormwater sewer, are adequate for the proposed development.
(5)
Each phase of the proposed development as it is proposed to be completed must contain the required parking spaces, landscape and utility areas necessary for creating and sustaining a desirable and stable environment.
(6)
The proposed townhouse development and all proposed buildings, parking spaces and landscape utility areas can be completely developed within two years of the date of approval.,
E.
Development standards. No townhouse or clusters of townhouses shall be erected or existing structures altered or reconstructed to become such except in accordance with the following criteria:
(1)
Density. The overall density shall not exceed seven dwelling units per acre.
(2)
Area requirements.
(a)
Minimum lot area: 3,000 square feet; minimum development area three acres.
(b)
Minimum lot width: 20 feet.
(c)
Maximum lot coverage: 50%.
(d)
Maximum building height: 30 feet, with no more than two floors of habitable space above ground level.
(e)
Minimum unit size: 960 square feet.
(f)
Minimum roof pitch: one foot in four feet.
(g)
Maximum length of building: 176 feet, with a minimum of six feet change in the building front line setback every two units.
(h)
Minimum dimension, townhouses: 40 feet between principal buildings.
(i)
Minimum parking requirements: two spaces per unit, including at least one enclosed garage space per unit.
(j)
Setbacks, including accessory buildings.
[1]
Front yards. No building or part thereof shall be erected or altered in this district to be nearer the private street line upon which it fronts than 35 feet. No building or part thereof shall be erected or altered in this district to be nearer than 35 feet to the street line of a public or dedicated road upon which it fronts. If any building erected in this district faces a public or dedicated road, the opposite side of which is an R or RM Residential District, the front yard setback shall be that which is required by that R or RM Residential District.
[2]
Rear yards. A setback of at least 40 feet from any other structure or any external boundary line is required on each lot.
[3]
Side yards. A side yard setback of at least 35 feet is required from the line of a private road on each corner lot; 60 feet from the line of a public or dedicated road. A side yard setback of at least equal to the height of the highest adjacent building and no less than 40 feet shall be required between building groups.
[4]
Other setbacks. A setback of at least 50 feet where any lot line of the development area abuts R or RM Residential Districts.
(3)
Permitted accessory structures and uses. The following accessory structures and uses are permitted subject to the review of the Planning Board of the site and as hereinafter provided:
(a)
No accessory structure shall exceed 15 feet above grade level.
(b)
Private garages.
(c)
Group swimming pools. Pools shall be permanently installed, except that any pool proposed as an integral part of a townhouse project may be approved by the Planning Board as a part of its site plan approval.
(d)
Parks, playgrounds and play areas, to include structural facilities incidental to such areas, such as restrooms, bathhouses and clubhouses, which facilities are limited to those that are owned in common interest.
F.
Site plan review.
(1)
Generally. In reviewing the site plan, the Planning Board shall determine that the proposed site plan and structures will compare favorably with community standards, other neighborhood improvements, and the properly intended and planned appearance throughout any street or neighborhood, using the intent and objectives of the Comprehensive Plan and of this chapter. In reviewing the site plan, the Planning Board shall determine that all of the requirements of this chapter are maintained, including off-street parking regulations, landscaping, buffering, and all other considerations contained in this section.
§ 250-22 Senior citizens manufactured home parks.
A.
Special permit required.
(1)
It shall be unlawful for any person, firm or corporation to construct, maintain or operate within the limits of the Village of Central Square any senior citizens manufactured home park unless a special permit has been obtained for such manufactured home park. Such special permit shall be issued by the Code Enforcement Officer after approval by the Village Board.
(2)
Manufactured home park may be permitted in the Village of Central Square only after the Village Board has determined that the provisions of Subsection F below have been complied with, has received a report on site plan review from the Planning Board and has authorized the Code Enforcement Officer to issue a special permit therefor.
B.
Permit application. Application for a special permit shall be submitted to the Code Enforcement Officer, per his/her instructions and shall include at least the information required by § 250-33 of this chapter for site plan review.
C.
Procedure.
(1)
The Code Enforcement Officer shall transmit the application to the Planning Board for site plan review and retain a copy. Planning Board comments shall be available at a public hearing on the proposed manufactured home park to be held by the Village Board. The Village Board shall conditionally approve or disapprove the application within 62 days from the public hearing.
(2)
The Planning Board may require measures including landscaping or accessory improvements to prevent a monolithic appearance to the development. In general, every means to assist in blending such developments into the general form and character of the community shall be incorporated in the design of such development to enhance the permanency and stability of the neighborhood being developed. The Planning Board may require any extraordinary measures including covenants and surety to guarantee the provisions of this section are fully adhered to in the continuing operation of such developments.
(3)
Upon conditional approval of the application by the Village Board, the applicant shall proceed with final plans incorporating any conditions attached to said conditional approval.
(4)
Final site plans for the proposed manufactured home park, or a portion of it if construction is to be staged, shall be submitted to the Planning Board for approval within one year from the date of conditional approval by the Village Board or such conditional approval may be withdrawn by the Village Board.
(5)
Upon final site plan approval by the Planning Board, a temporary special permit for construction shall be issued by the Code Enforcement Officer.
(6)
When construction is completed in accordance with the final plan as approved by the Village Board, a certificate of occupancy shall be issued by the Code Enforcement Officer.
D.
Limitation on manufactured home dwelling units.
(1)
The total number of manufactured home dwelling units, that is, individual manufactured homes located in manufactured home parks, within the Village shall not exceed 18% of the total number of one- and/or two-family dwelling unit buildings in the Village.
(2)
The Village Board may authorize additional special permits under this section upon finding that the total number of available vacant dwelling units is less than 3% of all Village dwelling units, that is, less than a 3% vacancy rate. The number of additional manufactured home dwelling units thus permitted shall not exceed the minimum required for a 3% vacancy rate for all year-round dwelling units.
E.
Renewal of the special permit. Renewal of the manufactured home park special permit shall be applied for every two years from the date of first issuance. The permit period for a senior citizen manufactured home park shall be from June 1 to May 31, two years later. Application for renewal shall be filed with the Village Clerk accompanied by a renewal fee established by the Village Board. The Code Enforcement Officer shall renew the special permit only after he or she has certified in writing that no violations of this chapter or the conditions of the special permit have been found. If such violations or unapproved changes have occurred, the special permit will not be renewed until said manufactured home park has been brought into compliance. In such case, the Code Enforcement Officer shall serve an order upon the holder of the special permit in accordance with the provisions of Subsection H(3) of this section.
F.
Environmental standards.
(1)
Density and lot size. The density of development in a manufactured home park shall not exceed 6.0 units per gross acre. As used herein, gross acreage shall mean total acreage in the proposed park, including individual lots, streets, green space, recreational areas and utility easements. Generally, manufactured home lots shall have a minimum area of 6,000 square feet and a minimum width of 50 feet.
(2)
Separation.
(a)
Manufactured home units may be positioned in a variety of ways within a park provided that a separation of at least 35 feet is maintained between units.
(b)
In special cases, where unusual park design provides for wider streets or a greater amount of usable recreation or public open space than required by this chapter, or when other special conditions exist, the Planning Board may recommend to the Village Board a modification in lot size. In no case, however, shall the gross density of six manufactured home lots per acre be exceeded, nor shall the lot area be reduced below 5,000 square feet.
(3)
Setback. No manufactured home shall be located less than 15 feet from the pavement edge of a private street or 35 feet from the right-of-way of any public street within the manufactured home park. A minimum of 35 feet shall be maintained between manufactured home units and all park boundary lines, except that at least 50 feet shall be maintained between all units and any park boundary line abutting an existing public road or highway.
(4)
Neighborhood design. In reviewing any special permit application hereunder, the Planning Board shall ensure that any senior citizen manufactured home park is adequately buffered or designed into the existing character of the neighborhood. Where no development currently exists adjacent to the proposed manufactured home park, the design of such manufactured home park shall be consistent with the potential uses of adjacent property in accordance with this chapter.
(5)
Road layout and construction. A drawing of the proposed park layout, showing connections to be made to existing roads, shall be included as part of the manufactured home park plans. Attempts should be made to provide variety and visual interest in the road layout, avoiding long straight stretches and gridiron systems when possible. The paved surface of all roads within a manufactured home park shall be at least 20 feet wide, and construction specifications shall be approved by the Village Engineer.
(6)
Parking. Two off-street parking spaces shall be provided for each manufactured home site. Such spaces may be located on the individual lot or grouped to serve two or more manufactured home sites. Off-street parking spaces shall be constructed of at least a four-inch gravel base with a one-inch hard surface material. Supplemental parking area shall be provided for the storage or temporary parking of travel trailers, campers, boats, snowmobiles, and similar auxiliary vehicles. Random parking on lawn areas shall not be permitted.
(7)
Manufactured home stands. A manufactured home shall be placed upon a stand consisting of appropriate material properly placed, graded and compacted so as to be durable and adequate for the maximum load anticipated during all seasons in accordance with the Uniform Code. Each manufactured home stand shall have attachments for waste disposal and water supply, and the waste disposal and water supply facilities shall be properly connected to the public sewer and water systems. The manufactured home stand shall not have a grade in excess of 2% and shall have an adequate crown for surface drainage. Surrounding land shall be graded to provide drainage away from said stand.
(8)
Code requirements. Manufactured home units shall meet the requirements of the Federal Department of Housing and Urban Development. All applicable provisions of the Uniform Code shall apply to manufactured homes and manufactured home parks, in particular, but not limited to those provisions found in the current edition of the Uniform Code Supplement, published by the New York State Department of State.
(9)
Manufactured home installation. At the time of installation, the manufactured home unit shall be securely blocked, leveled, tied down, and connected to the required utility systems and support services. The manufactured home shall be completely skirted within 90 days of occupancy. Materials used for skirting shall provide a finished exterior appearance, and no exposed wallboard, building paper or similar unfinished material will be permitted.
(10)
Solid waste disposal.
(a)
The storage, collection and disposal of solid waste in the manufactured home park shall be so conducted as to create no health hazards, rodent harborage, insect breeding areas, accident or re hazards or air pollution.
(b)
If group solid waste storage areas are provided for park occupants, they shall be enclosed or otherwise screened from public view and shall be rodent- and animal-proof and located not more than 100 feet from any manufactured home lot they are to serve. Containers shall be provided in sufficient number to properly store all solid waste produced.
(c)
Any solid waste containers stored on individual manufactured home lots shall be screened from public view and rodent- and animal-proof.
(d)
Disposal of solid waste by burning is expressly prohibited.
(11)
Electrical distribution system. The electrical system for the manufacture home park shall comply with the provisions of the National Electrical Code, the reference standard for the Uniform Code.
(12)
Fuel systems. Manufactured home parks shall be provided with facilities for the safe storage of necessary fuels. Installation and maintenance shall conform to the generally accepted standards of the Uniform Code.
(13)
Awnings, patios, decks and enclosures. Each manufactured home site shall be provided with an asphalt or concrete patio with a minimum width of 10 feet and a total area of at least 120 square feet. Patios shall be not closer than eight feet to an adjacent manufactured home lot and not closer than 25 feet from an adjacent manufactured home.
(14)
Walkways. Each manufactured home lot shall be provided with a walkway from the stand or patio to the street or to a driveway or parking area connecting to the street. Such walkway shall be at least two feet wide and four inches deep constructed with a crushed stone base and a hard surface.
(15)
Accessory buildings and structures.
(a)
An enclosed storage facility containing at least 150 cubic feet of space shall be provided on each manufactured home lot. Such storage facilities shall be attractive and constructed of such materials as to resist damage from ordinary use and to prevent penetration of moisture and weather.
(b)
No non-integral structural addition or other accessory building or structure in excess of 10 feet by 10 feet, or a total of 100 square feet, shall be permitted on any manufactured home lot. A separate garage or carport, exceeding 400 square feet, may be permitted, meeting all yard and setback requirements.
(16)
Fire protection.
(a)
The manufactured home park shall be subject to the rules and regulations of the Uniform Code.
(b)
Manufactured home park areas shall be kept free of litter, rubbish and other flammable materials.
(c)
Portable fire extinguishers of a type conforming to the generally accepted standards of the Uniform Code shall be kept in public service buildings under park control.
(d)
Fire hydrants shall be provided on a looped system of water mains and shall comply with the generally accepted standards of the Uniform Code and the Village of Central Square Municipal Code.
(17)
Mail service. Mailbox location shall provide safe and easy access for the pickup and delivery of mail. Mailboxes grouped for cluster delivery shall be located so that stopping for pickup and delivery will not occur on the public right-of-way.
(18)
Landscaping. Exposed ground surfaces in all parts of a manufactured home park shall be paved, surfaced with crushed stone or other solid material, or protected with grass or plant material to prevent erosion and reduce dust. At least one tree shall be planted on each manufactured home lot if no such tree already exists. Planted trees shall have a caliper of at least two inches at three feet above the ground.
(19)
Recreation and open space. Usable and easily accessible recreation areas shall be provided for park occupants. At least 400 square feet of open space per manufactured home unit shall be included in the plan, with a total minimum requirement of 10,000 square feet.
(20)
Service buildings.
(a)
Service buildings, if provided, including those housing sanitation facilities, shall be permanent structures complying with all applicable regulations concerning buildings, electrical installations and plumbing and sanitation systems.
(b)
The service building shall be well-lighted at all times of the day and night, shall be well ventilated with screened openings, and shall be constructed of moisture-proof material, which may be painted woodwork, so as to permit repeated cleaning and washing. The floors of service buildings shall be of water-impervious material.
G.
Park operation and maintenance.
(1)
Occupancy. No space shall be rented in any manufactured home park for the placement and use of a manufactured home for residential purposes except for periods in excess of 60 days. No manufactured home shall be admitted to any park unless it bears the seal issued by the Federal Department of Housing and Urban Development.
(2)
Responsibilities of park operator.
(a)
The person to whom a special permit for a senior citizen manufactured home park is issued shall be responsible for operation of the park in compliance with this chapter and shall provide adequate supervision to maintain the park, its common grounds, streets, facilities and equipment in good repair and in a clean and sanitary condition. The park operator shall maintain a register containing the names of all occupants and the make, year and seal serial number, if any, of each manufactured home. Such register shall be available to any authorized person inspecting the park.
(b)
The park operator shall notify park occupants of all applicable provisions of this chapter and inform them of their duties and responsibilities under this chapter and regulations hereunder.
(c)
The park operator shall supervise the placement of each manufactured home on its manufactured home stand, which includes securing its stability and installing all utility connections.
(d)
The park operator shall have the right to perform the work after due notice to place occupants in compliance with this chapter.
(3)
Responsibility of park occupants. Each park occupant shall comply with all applicable requirements of this chapter and shall be responsible for the maintenance of his or her manufactured home and appurtenances thereto and shall keep the manufactured home and appurtenances in good repair and all yard space on his or her site in a neat and sanitary condition.
H.
Inspection and enforcement.
(1)
Inspection.
(a)
The Code Enforcement Officer shall enforce all the provisions of this chapter. The Code Enforcement Officer, upon showing of proper credentials and in the discharge of his or her duties, may enter upon manufactured home parks or other premises used for the parking or locating of manufactured homes at all times and shall have the right to inspect any manufactured home site located in the Village of Central Square at any reasonable hour, and no person shall illegally interfere with or prevent such inspection. In case entrance cannot be made with the consent of the owner or occupant, the Code Enforcement Officer may obtain a search warrant provided reasonable cause is shown.
(b)
The Code Enforcement Officer shall make inspections at least once every two years of each and every manufactured home park in the Village of Central Square and shall file a report, in writing, in the office of the Village Clerk subsequent to such inspection. Such report shall contain such information as the Village Board may, by resolution, prescribe.
(c)
The Code Enforcement Officer shall respond with reasonable promptness to any written request or complaint in connection with enforcement of this chapter.
(2)
It shall be the duty of the Code Enforcement Officer to make the inspections required for renewal of the special permit every two years. Such inspection shall be carried out at reasonable times, after prior notice to the park operator, and in emergencies, whenever necessary to protect the public interest.
(3)
Upon determination by the Code Enforcement Officer that there has been a violation of any provisions of this chapter, he or she shall serve upon the holder of the special permit for such manufactured home park an initial order, in writing, directing that the conditions therein specified be corrected within a time period to be specified by the Code Enforcement Officer, but in no case more than 90 days after the date of delivery of such order. The order shall also contain an outline of remedial action which, if taken, will affect compliance.
(4)
If, after the expiration of such time period, such violations are not corrected, the Code Enforcement Officer, if so authorized by the Village Board, shall serve a notice, in writing, upon such manufactured home park operator requiring the holder of the park special permit to appear before the Village Board, at a time to be specified in such notice, to show cause why the manufactured home park special permit should not be revoked. Such hearing before the Village Board shall occur not less than 48 hours, nor more than 10 days, after the date of service of said notice by the Code Enforcement Officer.
(5)
Within 10 days after the hearing at which the testimony of the Code Enforcement Officer and the holder of the senior citizens manufactured home park special permit shall be heard, the Village Board shall make a determination sustaining, modifying, or withdrawing the order issued by the Code Enforcement Officer. Failure to abide by any Village Board determination to sustain or modify the initial order, and to take corrective action accordingly, shall be cause for the revocation of the special permit affected by such order and determination and closing of the manufactured home park.
§ 250-23 Exceptions.
A.
Public parks, utilities and services. The provisions of this chapter shall not be so construed as to limit or interfere with the dedication, development or use of public parks, playgrounds and public buildings used for governmental purposes, or with the construction, installation, operation and maintenance of public utilities. The above exceptions shall not be construed to permit yards, garage or other buildings for services or storage by such public utilities except as otherwise permitted by this chapter.
B.
Height limitation exceptions. The height limitations of this chapter shall not apply to church spires, belfries, domes, chimneys, flagpoles, masts, aerials, water towers and similar projections usually carried above roof level.
C.
Area. Lot width and area exceptions for lot of record. A one-family dwelling or two-family dwelling may be constructed on any lot or parcel of land of record at the time of the adoption of this chapter, or any amendment hereto, if located in a district where such use is permitted regardless of the area or width of such lot, provided the yard and other requirements prescribed in this chapter are complied with.
D.
Front yard exceptions. In a C Commercial District where the average alignment of two or more existing buildings on each side of a lot within a distance of 100 feet and within the same block between two intersecting streets is nearer or further from the street line than the required front yard depth, the average of such existing alignment within that distance shall be the required front yard.
E.
Projection into yards shall be permitted as follows:
(1)
Fire escapes uncovered stairs, landings, canopies, caves or other architectural features not required for structural support may project into the side, front or rear yard not more than a total of three feet.
(2)
Porches/decks may project into the required rear yard up to 10 feet; uncovered porches may extend into the required front yard up to six feet.
F.
Principal buildings. No single-family or two-family residential lot shall have erected upon it more than one principal building. No yard or other open space provided about any building for the purpose of complying with the provisions of this chapter shall be considered to provide a yard or open space for any other principal building.
§ 250-24 Nonconforming uses.
A.
Continuance of nonconforming uses. The lawful use of any building or land existing at the time of the enactment of the ordinance or local law from which this chapter is derived may be continued although such use does not conform to the provisions of this chapter.
B.
Unsafe structures. Any structure or portion thereof declared unsafe by the Code Enforcement Officer shall be restored to a safe condition or demolished. Unsafe buildings or portions thereof shall be repaired, vacated or demolished in accordance with Chapter 80, Buildings, Unsafe, of this Municipal Code.
C.
Alterations. A nonconforming building shall not be reconstructed or structurally altered during its life to an extent exceeding 25% of the aggregate area of the existing building, or to exceed an aggregate cost of 50% of the full value of the building, unless such building is changed to a conforming use.
D.
Extension. A nonconforming use shall not be extended, but the extension of a lawful use to any portion of a nonconforming building which existed prior to the enactment of the ordinance or local law from which this chapter is derived shall not be deemed the extension of such nonconforming use.
E.
Abandonment. Whenever a nonconforming use has been discontinued for a period for one year, such use shall not thereafter be reestablished, and any future use shall be in conformity with the provisions of this chapter.
F.
Changes. Once changed to a conforming use, no building or land shall be permitted to revert to a nonconforming use. A nonconforming use may be changed to a use of the same or higher classification, and, when so changed to a higher classification, such use thereafter shall not be changed to a lower classification.
G.
Restoration. No building damaged by fire or other causes to the extent of more than 25% of its aggregate area of the building shall be repaired except in conformity with the regulations of this chapter, provided that such work is commenced within 180 days of such damage occurring.
H.
Displacement. No nonconforming use shall be extended to displace a conforming use.
I.
District changes. Whenever the boundaries of a district shall be changed so as to transfer an area from one district to another district of a different classification, the foregoing provisions shall also apply to any nonconforming uses existing therein.
J.
Manufactured homes.
(1)
Replacement. No nonconforming manufactured home shall be replaced by another manufactured home. The replacement of a manufactured home that is presently nonconforming by a different manufactured home shall remove the nonconforming character of the existing manufactured home, and/or any such attempted replacement, and make it subject to the other provisions of this chapter.
(2)
Transfer of ownership. Upon the transfer of title to any property within the boundaries of the Village of Central Square upon which presently is located a trailer and/or manufactured home, which presently qualifies as a nonconforming use, from its present ownership, such trailer and/or manufactured home shall be, within six months, removed from such Village and shall not be used for residential purposes during said six months, and, in this context, the death of the owner(s) of any such trailer and/or manufactured home shall constitute such transfer as to the date of death.
§ 250-25 Off-street parking and loading requirements.
A.
Off-street parking shall be provided in compliance with this chapter where any building is erected, altered, enlarged, converted or increased in size or capacity.
B.
Parking spaces required. The following uses shall be provided with at least the number of parking spaces indicated:
(1)
Dwelling units: two parking spaces for each dwelling unit.
(2)
Assembly or theaters: one parking space for each 300 gross square feet.
(3)
Hospital or nursing home: one parking space for each five beds.
(4)
Restaurant or bar: one parking space for each 100 square feet or fraction thereof of gross floor area.
(5)
Medical or dental office or clinic: one parking space for each 200 square feet or fraction thereof of gross floor area.
(6)
Funeral home: one parking space for each 125 square feet or fraction thereof of gross floor area, excluding that portion of area used for residential purposes.
(7)
Retail store: one parking space for each 200 square feet or fraction thereof of gross floor area.
(8)
Commercial or industrial buildings: one parking space for each 500 square feet of gross floor area or fraction thereof.
(9)
Health club: one space per each 125 square feet of gross floor area.
(10)
Hotel or motel: one space per guest room plus one space per each 500 square feet of common area.
(11)
Offices: one space for each 300 square feet of gross floor area.
(12)
School: one space per each four seats in assembly rooms plus one space per each faculty member.
(13)
Warehouse: one space for each 500 square feet of gross floor area.
(14)
The Village Planning Board, when reviewing a site plan in the RB Residential-Business, C Commercial or the I Industrial Districts, may require additional parking spaces whenever, in its judgment, additional spaces are warranted for the comfort, convenience, safety, health or welfare of the community.
C.
Loading space. On the same premises with every building or part thereof hereafter erected having a gross floor area of at least 10,000 square feet occupied for manufacturing, storage, furniture or household appliance store, department store or hospital there shall be provided and maintained at least one off-street loading space plus one additional such loading space for each 50,000 square feet gross floor area so used in excess of 50,000 square feet.
D.
Location of spaces. All parking spaces provided pursuant to this section shall be on the same lot with the building, except that the Planning Board may permit the parking spaces to be on a lot within 500 feet of the building if it determines that it is impractical to provide parking on the same lot with the building.
E.
Driveways. Every parking facility shall be provided with one or more access driveways, the width shall be 12 feet for one-way enter/exit; 24 feet for two way enter/exit; except for one- or two-family dwellings.
F.
The Planning Board may require screening/landscaping of all parking areas of five or more parking spaces.
G.
All parking stalls shall be striped; except for parking areas for one- or two-family dwellings.
H.
All lighting illuminating a parking area shall be designed and located to reflect away from any street or adjacent property.
§ 250-26 Accessory buildings and uses.
A.
Permit. All accessory buildings or uses shall require a permit to be issued prior to their initiation as elsewhere required in this chapter.
B.
Number. There shall be not more than two accessory buildings to the residential lot, except that the Planned Development Industrial District shall not be subject to such provisions.
D.
Location. Accessory buildings or structures in residential districts which are not attached to a principal building may be erected within the side or rear yard in accordance with the following requirements:
E.
Swimming pools.
(1)
A private, outdoor swimming pool shall be permitted as an accessory use to a dwelling unit only in accordance with the following regulations:
(a)
Such pool may be created or constructed only in the side or rear yard of the lot and shall conform with the minimum side yard requirements for the district in which it is located and shall not be less than 10 feet from any principal building or accessory building. Rear yard setback shall be a minimum of five feet.
(b)
Any pool shall be enclosed by an enclosure in compliance with the Uniform Code.
(c)
Such pool shall be adequately screened or otherwise situated so as not to be obtrusive from the public right-of-way or to present a nuisance to any adjoining area.
(d)
Such pool shall not adversely affect the character of any residential neighborhood, and all lighting or other appurtenances shall be arranged so not to interfere with neighboring uses.
(2)
In addition, a swimming pool to be constructed or installed as an accessory to a motel, tourist or like accommodation or as part of any commercial or club facility shall be permitted after application to, an issuance of a permit therefor, by the Codes Enforcement Officer. Such swimming pools shall be so located as not to cause a hazard and shall be designed and located in accord with acceptable engineering standards and any applicable county and state requirements.
F.
Attached accessory buildings in residential districts. When an accessory building is attached to the principal building, it shall comply in all respects with the requirements of this chapter applicable to the principal building.
G.
Accessory buildings in business or industrial districts. Buildings accessory to other than a residential structure shall comply with front, side and rear yard requirements for the principal building to which they are accessory.
H.
Sheds and similar accessory structures which are used only for storage or other such use may be located in the required side or rear yard, subject to the following conditions:
(1)
The structure shall have a floor area of 144 square feet or less and a maximum height of 12 feet.
(2)
The structure shall be located at least six feet from any property line and 10 feet from any other building on the property, shall be no closer to the abutting street or public right-of-way than the principal structure on the lot and shall not be located within an easement.
(3)
Such structure shall not be used for automobile storage or as a workshop and shall not house any home occupation.
I.
Portable garages.
(1)
Portable garages for use as a tent for an event or other activity, within a commercial district, shall be permitted for up to 30 days in a calendar year with the issuance of an operating permit from the Code Enforcement Officer. Such portable garage shall meet all setback requirements of the applicable district and shall not be located within the front yard setback.
(2)
Portable garages are permitted within all residential R Districts subject to the following limitations:
(a)
Portable garage shall comply with the requirements of the Uniform Code, and shall be limited to a period not exceeding 180 days.
(b)
Portable garages shall not be permitted in areas visible from the public right-of-way.
(c)
Portable garages erected in any residential zone shall not be permitted within a front yard setback and only within the side yard that does not abut a public right-of-way. Temporary structures within a side or rear yard shall be a minimum setback of 10 feet.
(d)
Portable garages shall be located at least 10 feet from any other structure.
(e)
Portable shelters shall not exceed 15 feet in height.
(f)
All portable garages shall be adequately anchored to the ground for wind loads specified in the Uniform Code.
(g)
Portable garages shall not be attached to any other building, nor shall there be any electrical or heating installed in such structure.
(3)
Permit required. No portable shelter shall be erected, constructed or place upon any property without first obtaining a permit from the Code Enforcement Officer.
(4)
Time limitations. Upon approval by the Code Enforcement Officer, and payment of a permit fee, the Code Enforcement Officer shall issue a permit to the applicant, which shall not exceed 180 days per calendar year.
(5)
Removal of portable garages. All such portable garages shall be removed from the property at the expiration of the time period delineated in the permit.
§ 250-27 Home occupations.
A.
Home occupations shall be permitted in all districts, provided the home occupation is clearly incidental and subordinate to the main use of dwelling unit for residential purposes.
B.
Home occupations shall be conducted wholly within the primary structure on the premises and not in any accessory building, shall not require any alterations or involve construction features or use of mechanical equipment not customary in a dwelling.
C.
The home occupation shall not exceed 15% of the floor area of the primary structure and shall meet all requirements for habitable space as required by the Uniform Code.
D.
No more than one person not residing in the dwelling unit may be employed in the home occupation.
E.
Inventory and supplies shall not occupy more than 50% of the area permitted to be used as a home occupation.
F.
The home occupations shall not involve any operation considered to be hazardous.
G.
There shall be no indication of the home occupation from the exterior of the building; except that one identification nameplate attached flat against the building and not exceeding one square foot in area shall be allowed.
H.
The home occupation shall not result in traffic, noise, vibration, odor, smoke, glare or electrical interference beyond that normally generated by permitted uses in the same zoning district.
I.
No parking or storage of commercial vehicles shall be permitted except when the vehicle is used by the occupant of the premises, does not exceed three-quarter-ton rated capacity, and is stored within a completely enclosed building.
§ 250-28 Transitional regulations.
A.
Where a commercial use in a commercial or industrial district abuts a residential district, it shall be screened by a buffer area not less than 10 feet in depth composed of densely planted evergreen shrubbery solid fencing or a combination of both which, in the opinion of the Planning Board, will be adequate to provide a visual and sound buffer and to prevent the transmission of headlight glare across the district boundary line.
B.
Such buffer screen shall have a minimum height of six feet above finished grade at the property line. The materials shall be in keeping with the character of the adjacent residential area.
C.
Buffer areas are required in addition to the yard and setback requirements of the district.
D.
Buffers, berms and screen plantings shall be maintained by the owner of the property.
E.
Where existing topography and/or landscaping provides adequate screening, the Planning Board may modify the planting and/or buffer area requirements.
F.
Buffer areas shall not infringe on any public rights-of-way or easements.
G.
All landscape material in a buffer area located within a sight distance triangle shall be three feet or less in height or have a clearance of at least eight feet beneath the branch or projection on corners and intersections.
§ 250-29 Drive-through facility.
Drive-in facility and car wash use shall be as defined in § 250-3 and shall be allowed in accordance with the following requirements:
A.
Provision shall be made for off-street stacking of at least five vehicles entering and waiting for service for each drive-in station or unit, and for adequate stacking and movement of existing vehicles from the drive-in stations to the street. Any facility which may regularly generate stacking of vehicles on travel lanes of access streets so as to impede either public vehicle or pedestrian traffic shall be denied.
B.
All vehicle movements required by the facility shall meet all reasonable sight distance and other safety standards, and such movements shall be property controlled with uniform traffic control signs and other devices.
C.
Drive-in traffic shall not interfere with access to required off-street parking.
D.
The lot shall have a minimum width of 100 feet along each fronting street.
E.
Substantial curbed and landscaped buffers in accordance with these regulations or otherwise acceptable to the Planning Board based on lot dimensions and site plan requirements shall be provided along all side and rear lot lines.
F.
Surface drainage shall be controlled and collected on site and connected to a storm drainage system; significant runoff onto streets shall not be permitted; proper provision shall be made for directing car wash wastewater to a sanitary sewer system.