Elma City Zoning Code
ARTICLE XI
Height, Bulk and Arrangement of Buildings
§ 144-94 Dimensions to be construed as minimum.
§ 144-95 Building height.
The height of buildings shall be limited to a distance not to exceed 50% of its yard or setback from its appropriate front lot line.
§ 144-96 Corner lots.
For regulations pertaining to corner lot requirements, see § 144-132.
§ 144-97 Residential A Zone.
§ 144-98 Residential B Zone.
The following requirements shall apply in the Residential B Zone:
A.
Floor space. The minimum livable floor space in the residence ground floor shall not be less than 1,000 square feet for one family or one 1,000 square feet ground floor area and total living floor space of 1,800 square feet for a two-family residence.
B.
The maximum size of the main building shall not occupy more than 15% of the lot area.
§ 144-99 Residential C and Agricultural Zone.
A.
Floor space. Minimum livable floor space in a residence for one family: 720 square feet ground floor; two-family residence: 800 square feet ground floor and a total of not less than 1,200 square feet.
B.
The maximum size of the main building shall not occupy more than 15% of the lot area.
C.
Lot size.
(1)
Minimum frontage: 100 feet.
[Amended 6-21-1989]
(2)
Depth: 250 feet.
[Amended 6-21-1989]
(3)
Minimum lot area: 32,000 square feet.
[Amended 6-21-1989]
(4)
Minimum setback from road line: 50 feet; side line: 20 feet; rear line: 10 feet.
[Amended 6-21-1989]
(5)
Building housing animals, front setback from road line: 75 feet minimum; side line: 25 feet; rear line: 25 feet.
(7)
All currently approved nonsubdivision building lots that meet current zoning regulations for size and setback will continue to be approved building lots requiring only a side line setback of 10 feet; all new lots will require 20 feet of side line setbacks.
[Added 6-21-1989]
§ 144-100 Commercial Zone.
The following requirements shall apply in the Commercial Zone:
C.
Construction of over 20,000 square feet. Whenever new or additional construction of commercial property exceeds 20,000 square feet, including all detached buildings, a permit shall be required from the Town Board. The provisions of §§ 144-87 and 144-93, dealing with industrial zoning and construction, including permit requirements and procedural approvals, shall apply to such commercial construction in an effort to protect the environment, the Town, the health, safety and general welfare its residents and their way of life.
[Added 5-3-1995]
§ 144-101 Restricted Commercial Zone.
The following requirements shall apply in the Restricted Commercial Zone:
A.
Floor space. No livable floor space for a residence shall be permitted. Plans and survey shall be submitted to the Town Board.
§ 144-102 Industrial Zone.
§ 144-102.1 Signs.
[Added 5-18-1994]
A.
No flashing signs are permitted in any zone.
B.
The following signs shall be permitted in the Commercial and Industrial Zones unless such use is specifically changed or restricted by the Industrial Zone code provisions.
(1)
No sign shall be erected until a sign permit is obtained from the Building Inspector. The Building Inspector is authorized to issue a sign permit upon compliance with the following:
(a)
The applicant must make application, in writing, which application shall contain a scale drawing of the proposed sign.
(b)
Flashings signs are prohibited. Illuminated signs are permissible, but the hours of illumination shall be specified in the permit and restricted accordingly. Three dimensional signs, objects or advertising require a special motion of approval by the Planning Board.
[Amended 10-19-2011]
(c)
The sign may advertise only the business conducted on the premises.
(d)
The total area of signs affixed to buildings shall not exceed 10% of the face of the building to which affixed.
(e)
On any lot there shall be allowed one freestanding sign which shall have an area (in square feet) not to exceed 1/100 of the factor obtained by multiplying the number of linear feet of street frontage of the lot on which the sign is to be placed by the number of linear feet in distance, measured at right angles, from the street line to the nearest point at which the sign is to be placed. The maximum size shall be 100 square feet.
(f)
No sign shall be located within 10 feet of a lot in an adjacent residential zone.
(g)
No sign within 100 feet of a residential zone boundary shall have a surface area (in square feet) larger than its distance in linear feet from such residential zone boundary.
(h)
No part of a sign shall be more than 20 feet above the adjoining grade level of the ground.
(i)
Nonilluminated signs not exceeding a total area of 36 square feet shall be permitted, advertising only the prospective sale or rental of the premises on which located.
(j)
No sign shall project across a lot line.
(k)
The use of spotlights must be so as not to impede the vision of motorists and/or pedestrians.
C.
Temporary and seasonal signs. Permits are required for any sign. All sign application permits shall require the payment of a fee before the same will be issued. Only one permit per tax parcel will be permitted at any particular time.
(1) SEASONAL TEMPORARY
Definitions. As used in this subsection, the following terms shall have the meanings indicated:
A sign which is dependent on a particular season of the year and which is not permanent for a business which operates temporarily or seasonally and not year round.
A sign which is permitted for a limited time period only for a business which operates on a permanent basis.
D.
Temporary sign permits shall not exceed a thirty-day period and shall be issued for the promotion of a permanent business in a Commercial or Industrial Zone only. Said sign shall be removed from public view at the expiration of the permit period. The Building Inspector shall permit only one temporary sign per year per business. The fee shall be as required for the particular sign and as may be established from time to time by resolution of the Town Board.
E.
Seasonal sign permits shall be issued for a minimum of 30 days and a maximum of six months for a seasonal business.
(1)
The seasonal sign permit shall not exceed the period of the seasonal operation of the business use permit and that the sign shall be removed from public view at the expiration of the permit.
(2)
Fees. A permit shall only be granted upon payment of a monthly fee for each month that the sign permit is requested and issued for as may be set from time to time by resolution of the Town Board.
F.
In an Industrial or Commercial Zone, internal lighting may be allowed, and a portable lit sign may be allowed. The maximum size allowed is four by eight feet. In a residential zone, external lighting only is allowed. The maximum size allowed is three by four feet.
G.
Intent. Sign regulations, including provisions to control the type, design, size, location, motion, illumination and maintenance thereof, are designed to achieve the following purposes:
[Added 10-19-2011]
(1)
To protect property values, create a more attractive economic and business climate and protect the physical appearance of the community from the effects of inharmonious, bizarre and out-of-scale signs.
(2)
To preserve the scenic and natural beauty of designated areas and provide a more enjoyable and scenic community.
(3)
To reduce signs or advertising distractions or obstructions that may contribute to traffic accidents.
(4)
To provide reasonable, yet appropriate, conditions for advertising goods sold or services rendered in business districts by relating the size, type and design of signs to the type of establishment.
(5)
To control signs so that their appearance will be aesthetically harmonious with the overall design of the area.
(6)
To reduce hazards that may be caused by signs overhanging or projecting over public rights-of-way.
(7)
To curb the deterioration of natural beauty in the community's environment.
H. DIGITAL SIGNS
Definitions. As used in this section, the following terms shall have the meanings indicated:
[Added 10-19-2011]
Revolving, moving, flashing, blinking, scrolling, fading, dissolving signs or signs that appear to be in motion. Digital signs may break with light suddenly and briefly. Digital signs may move very quickly.
I.
Prohibited signs. The following signs are prohibited in the Town of Elma:
[Added 10-19-2011]
(1)
Projecting signs over any public way except when hung from the underside or ceiling of a covered walkway related to the exterior of an individual business establishment.
(2)
Any and all revolving, any and all moving, any and all flashing, any and all blinking, any and all scrolling, any and all fading, any and all dissolving signs or any and all signs that appear to be in motion.
(3)
Fluttering banners or strings of lights not part of a sign; provided, however, that nothing herein shall be construed to prohibit the decoration of any premises for any national holiday or religious or holiday season.
(4)
Signs attached to light standards, utility poles or trees.
(5)
Portable, seasonal, temporary or freestanding signs are not allowed except by application to the Building Inspector, approval by the Planning Board if required by Code, issuance of a sign permit by the Building Inspector and payment of required fee.
(6)
Roof signs.
(7)
Billboards except that the Town may establish off-premises identification for signs for businesses.
(8)
Digital signs.
(9)
Intermittent signs.
K.
Maintenance of signs. All signs and sign structures shall be maintained in good repair and condition. Signs and their supporting structures, which no longer serve the purpose for which they were intended or which have been abandoned or are not maintained in accordance with this section and other applicable regulations of the Town, shall be removed by the owner, lessee or user thereof, the permit holder or owner, or lessee or user of the premises upon which the sign is located.
[Added 10-19-2011]
L.
Nonconforming signs.
[Added 10-19-2011]
(1)
Signs, including billboards, conforming to the regulations prevailing prior to the effective date of this amendment, but which do not conform with the regulations herein or subsequent amendments thereto, shall be nonconforming signs. Any sign or part thereof which has blown down, been destroyed, needs to be changed due to a change in business or otherwise taken down for any purpose other than repair, shall not be rebuilt, reerected or relocated unless it complies with the provisions of this section and other applicable regulations.
(2)
Where signs individually or collectively in a multiple development, as hereinafter defined, are nonconforming, one or more new wall and canopy/fascia signs complying with the current provisions may be erected whenever the use or occupancy changes of an individual establishment or enterprise.