Elmira City Zoning Code
ARTICLE IX
Development Guidelines and Supplementary Regulations
§ 217-59 Review standards.
The Planning Board, in reviewing a site plan, shall be guided by the considerations and standards presented in this article. In the review, the Planning Board shall take into consideration the prospective character of the development and require that improvements be designed to such standards as are consistent with reasonable protection of the public health, safety, or welfare. For permitted uses, the Code Enforcement Officer shall ensure compliance with this article and any other applicable ordinances, articles or sections.
§ 217-60 Lots and blocks.
A.
Lot size and arrangement. The dimensions and arrangements of lots shall be such that there will be no foreseeable difficulties, for reasons of topography or other conditions, in providing access to buildings on such lots or in securing building permits to build. In general, side lot lines shall be at right angles or radial to road lines, unless a variation from this can be shown to result in a better plan.
B.
Access. Insofar as possible, lots shall not derive access from a primary road. Access to lots adjacent to a primary road shall, in general, be from marginal access roads or other roads within the development. Where a watercourse separates the buildable area of a lot from the road by which it has access, provision shall be made for installation of a culvert or other structure, which shall be subject to the same design criteria and review as all other stormwater drainage facilities in the development.
§ 217-61 Road and pavement design. [1]
A.
Road arrangement.
(1)
Road systems shall be designed with due regard to the needs for convenient traffic access and circulation; traffic control and safety; access for fire-fighting, snow removal, and road maintenance equipment; and stormwater drainage and sewage disposal. Roads shall be designed to accommodate the prospective traffic, and be so arranged as to separate through traffic from neighborhood traffic insofar as it is practicable.
(2)
The roads in contiguous developments shall be coordinated so as to compose a convenient system. Where a development adjoins undeveloped land, its roads shall be laid out so as to provide suitable future road connections with the adjoining land where the latter shall be developed. A road thus temporarily dead-ended shall be constructed to the property line and shall be provided with a temporary turnaround of the same dimensions as for permanent dead-end roads if in excess of 200 feet, with a notation on the construction plat providing for temporary easements for the turnaround until such time as the road is extended.
(3)
Roads shall be logically related to the topography, and all roads shall be arranged so as to obtain as many as possible of the building sites at or above the grade of the roads. Grades of roads shall conform as closely as possible to the original topography. A combination of steep grades and sharp curves shall be avoided.
(4)
Where a development abuts on or contains an existing or proposed primary road, the Planning Board may require marginal access roads, reverse frontage with screen planting contained in a nonaccess reservation along the rear property line, deep lots with or without rear service alleys, or such treatment as may be necessary for adequate protection of residential properties and to afford separation of through and local traffic.
(5)
Where a development borders or contains an existing or proposed railroad right-of-way or controlled-access highway right-of-way, the Planning Board may require a road approximately parallel to and on each side of such right-of-way, at a distance suitable for the appropriate use of the intervening land, as for park purposes in residential districts, or for business, commercial or industrial purpose in appropriate districts. Such distances shall also be determined with due regard for the requirements of approach grades and future grade separations.
B.
Standards for road designs. All roads shall be designed and constructed to conform to New York State and Town specifications. The Town Highway Superintendent shall approve all road design and construction.
C.
Dead-end roads. Where a road does not extend to the boundary of the development and its continuation is not needed for access to adjoining property, it shall be separated from such boundary by a distance sufficient to accommodate a lot meeting the requirements of this chapter. Reserve strips of land shall not be left between the end of a proposed road and an adjacent piece of property. However, the Planning Board may require the reservation of an easement 15 wide for pedestrian traffic or utilities. A turnaround of a minimum right-of-way radius of 80 feet shall be provided at the end of any permanent dead-end road. For greater convenience to traffic and more efficient police and fire protection, the length of permanent dead-end roads shall be limited to six times the minimum lot width for the zoning district, such length to be measured to the center point of the turnaround.
D.
Sidewalks. Concrete sidewalks at least five feet wide may be required on both sides of all roads. They may also be required within pedestrian easements through blocks to provide a system of pedestrian walkways to schools, parks and other community facilities. Sidewalks should be one foot from the property line inside the right-of-way, unless the adjacent road is a state or county highway, in which case the sidewalk shall be placed adjacent to and outside of the right-of-way. Sidewalks within pedestrian easements shall be generally centered within the easement.
E.
Trees. The developer shall take adequate measures to preserve existing trees in suitable locations within the development. Road trees shall be planted on both sides of the road within the right-of-way between the sidewalk and the curb at intervals of approximately 50 feet, subject to the location of driveways, road intersections, or other features. In general, the road right-of-way shall be cleared of existing trees, but occasional existing trees of unusual value 30 inches' dbh may be preserved within the road right-of-way as approved by the Planning Board.
F.
Road names and signs. All roads shall be named, and such names shall be subject to the approval of the Planning Board. A road which is a continuation of an existing road shall bear the same name. Relating road names to features of local historical, topographical, or other natural interest is encouraged. There shall be no duplication of existing area road names. Road signs shall be provided by the developer at all intersections and shall be of a type approved by the Town Highway Superintendent.
G.
Road improvements, general. In addition to the required improvements specifically referred to elsewhere in these regulations, plans shall provide for all other customary elements of road construction and utility service which may be appropriate in each locality as determined by the Town. Such elements may include, but shall not be limited to, road pavements, gutters, stormwater inlets, manholes, curbs, sidewalks, road lighting standards, water mains, fire hydrants, fire alarm signal devices, and sanitary sewers. Underground utilities within the road right-of-way shall be located as required by the Town and underground service connections to the property line of each lot shall be installed before the road is paved. All road improvements and other construction features of the development shall conform to municipal specifications which may be established from time to time and shall be subject to approval as to design, specifications, and construction by the Town Superintendent of Public Works.
H.
Widening of existing road right-of-way. Where a development adjoins an existing road which does not conform to the Town's right-of-way standards, the Planning Board may require that additional right-of-way width as necessary be provided, on the development side of the normal road center line, a width which is equal to at least 1/2 of the minimum standard width for the respective type of road.
I.
Typical road section. The typical section approved by the Town Highway Superintendent shall be used for all roads. Pavement and right-of-way widths may vary with type of use.
§ 217-62 Off-road parking.
A.
General requirements.
(1)
It shall be the responsibility of the owner of a property to provide the off-road parking spaces required in the listing below for any use which is erected, enlarged, or structurally altered after the effective date of this chapter.
(2)
A parking space shall be a minimum of nine feet by 18 feet, exclusive of passageways and driveways appurtenant thereto and giving access thereto, and have direct access to road or alley.
(3)
No exit or entrance drive connecting a parking area and a road shall be permitted within 30 feet of the intersection of two public rights-of-way.
(4)
Where appropriate, the Zoning Board of Appeals may, upon the presentation of evidence, vary the number and circumstances of the following parking space requirements, in order that the general welfare be served and the prospective uses be equitably treated.
(5)
In stadiums, churches, and other places of assembly, in which patrons or spectators occupy benches, pews, or other similar seating facilities, each 20 inches of such seating facilities shall be counted as one seat.
(6)
The lighting of off-road parking lots shall not be directed into adjacent properties.
(7)
If the uses, structures or parcels are under separate ownership, the right to joint use of the parking space must be evidenced by a deed, lease, contract or other appropriate written document to establish the joint use.
(8)
Off-road parking in residential areas shall be restricted to noncommercial vehicles only and the use of the area by commercial vehicles, house trailers, buses and other motorized equipment not of a residential passenger-carrying nature shall be prohibited.
B.
Required off-road parking spaces. The minimum cumulative number of spaces shall be determined by the amount of dwelling units, bedrooms, floor area, members, equipment, employees, and/or seats contained in such new buildings or structures, or added by alteration of buildings or structures, and such minimum number of spaces shall be maintained by the owners of such buildings or structures, as follows:
(1)
One-unit dwelling: two spaces.
(2)
Two-unit dwelling: two spaces per dwelling unit.
(3)
Multiunit dwelling: two spaces per each dwelling unit.
(4)
Hospitals, nursing homes: one space for each employee on major shift, plus 25 spaces per bed.
(6)
Motels/Hotels: one space for each unit, plus one space for every four employees, plus one space per 150 square feet of net area in restaurants and assembly rooms.
(7)
Offices, general, retail, professional: one space for each 300 square feet of gross floor area.
(8)
Retail establishments, funeral homes, veterinary hospitals, banks, and related commercial establishments of a personal service: one space for each 300 square feet of gross floor area over 1,000 square feet.
(9)
Restaurants: one space for each 60 square feet of customer floor area.
(10)
Conference/Convention centers, commercial recreation, private membership clubs: one space for every 150 square feet of public assembly space.
(11)
Roadside stands: one space for every 50 square feet of area devoted to selling or display.
(12)
Nursery and elementary schools: one space per employee, plus two additional spaces per classroom.
(13)
High schools and colleges: five spaces for each classroom.
(14)
Churches, temples, auditoriums, theaters: one space for every 2.5 seats.
(15)
Industrial uses:
(a)
One space for each 800 square feet of floor area devoted to manufacture, including printing, publishing, and laundry or dry-cleaning plants.
(b)
One space for each 1,500 square feet of floor area devoted to storage or stationary operating equipment.
(c)
One space for each 3,000 square feet of area devoted to outside storage, including used car lots and equipment rental or sales yards.
(d)
One space for each company vehicle.
C.
Calculation of required spaces. In the case of a combination of uses, the total requirements for off-road automobile parking spaces shall be the sum of the requirements for the various uses, unless it can be proven that staggered hours of use would permit modification. Whenever a major fraction of a space is required, a full space shall be provided.
D.
Dimensions for off-road automobile parking spaces and lots. Every such space provided shall be at least nine feet wide and 18 feet long, and every space shall have direct and usable driveway access to a road with minimum maneuver area between spaces as follows:
(1)
Parallel club parking: five feet end to end with twelve-foot aisle width for one-directional flow and twenty-four-foot aisle width for two-directional flow.
(2)
Thirty-degree parking: thirteen-foot aisle width for one-directional flow and twenty-four-foot aisle width for two-directional flow.
(3)
Forty-five-degree parking: sixteen-foot aisle width for one-directional flow and twenty-four-foot aisle width for two-directional flow.
(4)
Perpendicular parking: twenty-four-foot aisle width for one-directional and two-directional parking.
E.
Location of required parking spaces.
(1)
Residential districts. The following minimum requirements shall apply to all off-road parking in the A, AA, and AAA Districts:[2]
F.
Construction of parking areas. All off-road parking areas, with the exception of one-unit dwellings, shall be paved with a suitable all-weather, dust-free surface. The individual spaces shall be visibly marked with paint or other durable material.[3]
G.
Landscaping. At least 8% of the area of the lot usable for off-road parking shall be devoted to landscaping with lawn, trees, shrubs or other plant material. All loading berths and parking areas of three or more spaces that abut a residential lot line, and any parking lot for more than 20 cars, shall be screened adequately, as set forth in § 217-79, from the adjoining property. All parking areas and landscaping shall be properly maintained thereafter in a well-kept condition.[4]
§ 217-63 Off-road loading and unloading requirements.
In the NB, GB, and M Districts for a lot or structure which is to be occupied by manufacturing, commercial, business or other similar uses requiring the receipt and distribution by vehicles of materials or merchandise, there shall be provided and maintained, on said lot, off-road loading berths as specified below:
A.
Required loading berths. The following shall be considered minimum requirements:[1]
Use | Gross Floor Area (square feet) | Loading Berth Requirements | |
|---|---|---|---|
Retail store, wholesale establishments, storage uses and other commercial uses | 3,000 to 15,000 | 1 | |
15,001 to 40,000 | 2 | ||
Each 25,000 additional | 1 | ||
Motels, hotels, office buildings | 90,000 or less | 1 | |
90,001 to 300,000 | 2 | ||
Each 200,000 additional | 1 | ||
Industrial uses | 15,000 or less | 1 | |
15,001 to 40,000 | 2 | ||
40,001 to 90,000 | 3 | ||
Each 40,000 additional | 1 |
NOTE: | |
|---|---|
In the site plan approval process, the Planning Board may modify the above requirements based on the scale of the operation. |
B.
Dimensions of loading berths. Each loading berth, either open or enclosed, shall be 55 feet long, 12 feet wide and 14 feet high; businesses utilizing vehicles not larger than panel trucks may have berths which are not smaller than 20 feet long, 10 feet wide and eight feet high.
C.
Location of berths. The Planning Board shall require that berths are located in such a way as not to unreasonably interfere with the movement of people and vehicles on public ways and within on-site parking. The Planning Board may allow use of a public alley to satisfy loading berth requirements.
§ 217-64 Accessory buildings and uses.
A.
Accessory buildings. Accessory buildings, which by definition are not attached to principal buildings, shall comply with the following:[1]
(1)
All structures 81 square feet or more in size shall require a building permit.
(2)
Accessory buildings shall only be located on the same lot as the principal use stated in the Density and Bulk Control Schedule.[2]
[2]
Editor's Note: The Density and Bulk Control Schedule is included at the end of this chapter.
(3)
Accessory buildings shall only be located in a rear yard or side yard in compliance with the following scheduling:
(c)
Where any nonresidential district abuts an existing residential use and/or a residential district, any accessory building shall be located a minimum of 1/2 the distance specified in the Density and Bulk Control Schedule for principal structures.[3]
[3]
Editor's Note: The Density and Bulk Control Schedule is included at the end of this chapter.
(4)
Accessory buildings shall be located no closer to the principal building than six feet if the exterior walls of each structure are noncombustible, 12 feet if either exterior wall is combustible.
(5)
Except in the AR District, accessory buildings shall not be located closer to the road right-of-way than the principal building.
(6)
The maximum nonhabitable floor area for residential district accessory buildings shall not exceed 900 square feet, which may be combined in two buildings.
(7)
The maximum height for residential district accessory buildings shall not exceed one story or 20 feet above average finished grade.
(8)
Maximum number of accessory buildings. In a residential district, there shall be no more than two accessory buildings per lot.
B.
Accessory uses. In a residential district, accessory uses not enclosed in a building, including swimming pools and tennis courts, shall be erected only on the same lot as the principal building and shall meet the following standards:
(1)
Accessory uses shall not be located in the front yard on such lot.
(2)
Accessory uses shall be located not less than 10 feet from any lot line and 20 feet from an adjoining residence.
(3)
Accessory uses shall not adversely affect the character of any residential neighborhood by reason of noise or glare or safety.
(4)
Swimming pools shall be located and installed in conformance with the New York State Uniform Fire Prevention and Building Code and any other applicable state regulations. Such facilities shall be fenced in accordance with said regulations.
C.
Where 25% or more of the lots in a block are occupied by buildings, the average yard dimensions, average of lot coverage of such buildings and the average side and rear yard setbacks shall determine the yard setback and coverage requirements for any new accessory building or use within the block. Where no standard block exists, the word "block" as used above shall be interpreted to mean those structures within 250 feet of either side of the lot in question, on the same side of the road. The average setback shall be based on no fewer than two similar uses.
D.
Special designs. In cases where a developer has designed a grouping of buildings, the Planning Board may approve the siting of accessory buildings such as garages and carports in the front yard, provided that the buildings are in compliance with all required setbacks.
§ 217-65 Signs.
No sign or other outdoor device for the purpose of advertising of any kind may be erected or established in the Town except in conformance with the standards in this section.
A.
General provisions.
(1)
Except as provided in Subsection B, all signs require a building permit and shall comply with applicable regulations of the New York State Uniform Fire Prevention and Building Code, and if electrical shall bear the seal or insignia of a nationally recognized testing company.
(2)
No permanent or temporary sign shall be erected or placed at or near the intersection of any roads in such a manner as to cause a traffic hazard at the intersection; or at any location where, by reason of the position, shape, or color of the sign, it may interfere with, obstruct the view of, or be confused with any authorized traffic sign, signal or device, or which makes use of the words "Stop," "Look," "Drive-In," "Left," or any other words, phrase, symbol, or character in such a manner as to interfere with, mislead or confuse traffic.
(3)
No building-mounted sign shall be placed or erected on the roof of any building.
(4)
Except as provided in Subsection E of this section, no permitted freestanding sign shall be more than 20 feet in height above the average finished grade of the ground of the parcel on which the sign is located.
(5)
No freestanding signs or any part of such sign shall extend beyond a property boundary or into a road right-of-way.
(6)
No freestanding sign shall obscure clear vision for any site or adjoining site driveway. All such signs shall be a maximum of three feet in height or not extend closer to the ground than eight feet in conformance with Subsection A(4) of this section.
(7)
The provisions of this section shall not apply to safety signs, road signs, historical markers or highway directional signs erected by municipal or public agencies.
(8)
Illumination of signs shall not be intermittent or of varying intensity and may not produce excessive glare beyond the property lines.
(9)
No sign shall consist of banners, pennants, ribbons, streamers, spinners or similar moving, fluttering or revolving devices. Signs with moving parts are not permitted, except public service signs (such as time and temperature) and interior signs which do not constitute a traffic hazard as approved by the Town Board.
(10)
No sign shall project into a public right-of-way or be less than 15 feet above any public driveway or thoroughfare.
(11)
Portable signs shall be permitted only for the purposes of nonprofit organizations, shall not exceed 40 square feet in area and may be allowed by a permit issued by the Code Enforcement Officer for special event applications for a time period not to exceed four weeks.
(12)
Advertising signs and billboards as defined herein shall be prohibited.
(13)
No advertising message shall be extended over more than one sign placed along any road or highway.
(14)
Signs which are located inside of a building which are visible from the exterior of the building shall be subject to the same size restrictions and regulations as signs located on the exterior of a building.
B.
Signs permitted in any district. No building permit shall be required for the following signs, which shall be permitted in any district:
(1)
Real estate signs, a maximum of four square feet for individual residential uses, and maximum of 32 square feet for business and industrial uses and subdivisions. All such signs shall be located on the premises being advertised for sale, not in the road right-of-way or off-premises.
(2)
Residence, professional or business nameplates a maximum of two square feet.
(3)
Historical markers, tablets and statues, memorial signs or plaques; names of buildings and dates of erection when cut into the masonry surface or when fabricated of bronze, stainless steel or similar material; and emblems installed by governmental agencies, religious or nonprofit organizations, not exceeding six square feet.
(4)
Temporary signs denoting an architect, engineer, contractor, etc., not greater than four square feet in size, when placed upon the premises where the construction is proposed or underway. Such signs shall be removed within 15 days after construction is complete.
(5)
Traffic or other municipal signs, legal notices and such temporary or nonadvertising signs for government purposes.
(6)
Temporary posters, nonpermanent banners and similar devices no larger than four square feet in size may be displayed for political, community and sporting events, shows and elections. Such signs shall not be displayed for longer than four weeks prior to and one week following the event.
(7)
Temporary posters, nonpermanent banners and similar devices no larger than four square feet in size may be displayed for special promotional sales events. Such signs shall not be displayed for longer than four weeks prior to and one week following the event, and no use shall display any such signs for a time frame of greater than four weeks within any three-consecutive-month period.
(8)
All signs, certificates and licenses that are mandated to be on display by any local, county, state or federal law or authority.
(9)
Seasonal or holiday decorations on private premises.
(10)
Two signs, each not exceeding four square feet in area, indicating or calling attention to traffic entrances and exits, provided that, if illuminated, such illumination shall cease at the close of business hours or 11:30 p.m., whichever is later. Such signs shall not carry any advertisement, insignia or business logo nor project more than three feet above grade.
(11)
Any signs displaying directional arrows or language to direct customers to certain services provided by a business, provided that such signs do not carry any advertisement, insignia or business logo nor shall they project more than three feet above grade.
C.
AR, ARA, AAA, AA, A District uses.
(1)
Multiunit dwellings and subdivision developments may display a maximum of two identification signs which do not have an area of more than 30 square feet.
(2)
A dwelling unit, in which a home occupation is permitted, may display a nonilluminated sign noting such occupation. Such sign shall be mounted flat against a wall of the dwelling unit and shall be no more than two square feet in area.
(3)
Civic, religious, educational, institutional, social and membership clubs and similar uses may display one identification sign and/or bulletin board incidental to the use. The aggregate total face area of such sign shall not exceed 16 square feet.
D.
GB and NB District uses.
(1)
Types of permitted signs. The following signs are permitted in these districts:
(a)
Flat facade: signs placed flush with the building.
(b)
Projecting: signs placed on a pole or similar device perpendicular to the building. Such signs shall have a clearance of eight feet and extend a maximum of five feet from the facade.
(c)
Window lettering: signs displayed, painted and/or affixed to the window.
(d)
Awning: signs displayed, printed, painted and/or affixed to an awning.
(e)
Detached sidewalk: signs, otherwise referred to as "sandwich boards," placed within three feet of the curb so as not to obstruct pedestrian traffic. Sidewalk signs shall be a maximum of three feet in height and 12 square feet in area, be temporary in nature and not be considered as part of the maximum aggregate signage total allowable under this section.
(f)
Freestanding: signs that have integral supports that are not affixed to a building or other structure.
(2)
Location and number of signs. A maximum of three principal business signs are permitted in combinations of sign types per the following guidelines:
(3)
Size of signs.
(a)
Principal business signs. The total display area of all signage shall not exceed an area equal to one square foot of sign area per each lineal foot of building frontage or 150 square feet, whichever is less.
(b)
Accessory signs may be displayed at each establishment, provided that such signs conform with the following:
[1]
Signs may be exhibited in any window area, provided that the display area does not exceed 30% of each window area.
[2]
The aggregate total display area of all such signs does not exceed an area equal to 0.5 square foot per lineal foot of building frontage.
[3]
Additional signs may be located on the building facade or on certain merchandise displays as may be appropriately stored outside.
[4]
Portable signs may be used as a part of the permitted total accessory sign square footage, provided that the following minimum standards are met:
[a]
All such signs shall be adequately attached to the ground to withstand wind loads as per the Building Code.
[b]
All such signs shall conform to the Building Code.
[c]
All such signs shall be located in conformance with the required setbacks as set forth in Subsection A(5) of this section.
[d]
All such signs shall be maintained in a reasonable manner and shall display a message. Failure to display a message for one week or more shall be grounds for removal.
E.
Manufacturing District uses.
(2)
Location and number of signs. A maximum of three principal business signs may be displayed for each business.
(3)
Size of signs.
(a)
Principal business signs. The total display area of all signage shall not exceed an area equal to 1.5 square feet of sign area per each lineal foot of building frontage or 200 square feet, whichever is less. In no instance shall a single face of a sign exceed 100 square feet.
(b)
Accessory signs may be displayed at each establishment, provided that such signs conform to the following standards:
[1]
Signs may be permitted in any window area, provided that the total display area does not exceed 30% of the window area.
[2]
Additional signs may be located on the building facade or on certain merchandise displays as may be appropriately stored outside.
[3]
The aggregate total display area of all such signs shall not exceed an area equal to 0.5 square foot per lineal foot of building frontage.
F.
Plaza and mall signs. Where three or more business uses are combined in a single structure and/or common grouping of structures sharing parking and related facilities, the following sign provisions shall apply:
(1)
No more than two freestanding or projecting principal business signs may be displayed identifying the plaza or group of business names. Each sign may have a maximum total aggregate face area of up to 200 square feet, with no single face greater than 100 square feet.
(2)
One directory sign identifying each business located within the plaza may be displayed. The total aggregate face area of such sign shall not exceed 100 square feet, and each business name identified on said sign shall be of uniform size.
(3)
Each business in the plaza or grouping shall be allowed to display one facade-mounted principal business sign. Said sign shall not exceed 10% of the front building facade. Establishments with more than one front facade visible may have up to two such signs with the maximum area calculated as herein described.
G.
Removal of certain signs. Any sign now or hereafter existing which no longer advertises a bona fide business conducted, or a product sold, shall be taken down and removed by the owner, agent, or person having the beneficial use of the building or structure upon which such sign may be found within 60 days after written notification from the Code Enforcement Officer, and, upon failure to comply with such notice within the time specified in such order, the Code Enforcement Officer is hereby authorized to cause removal of such sign, and any expense incident thereto shall be paid by the owner of the building or structure to which such sign is attached.
§ 217-66 Driveways.
No person, firm or corporation shall construct or locate any driveway entrance or exit into a road in the Town of Elmira without having first met the provisions of this section.
A.
All work and materials shall be furnished as required to meet the conditions set by the Highway Superintendent and County and State Highway Departments.
B.
No alteration or addition shall be made to any driveway without first securing permission from the Highway Superintendent.
C.
No driveway shall have an average grade that exceeds 10%.
D.
The slope of a nonresidential use driveway shall not exceed 2% within 25 feet of the intersecting public road.
E.
No more than two driveways to a single commercial establishment entering on one road shall be permitted.
F.
No commercial drive shall be located within 40 feet of any intersection.
G.
Maximum width. The width shall be measured at the right-of-way line.
H.
Minimum width for all uses shall be 10 feet.
I.
The driveway shall be constructed with a suitable crown so as to lessen the erosion effect of surface runoff. In addition, as specified by the appropriate Highway Superintendent, a catch basin at a point near the intersection of the driveway and road may be required. This will prevent surface water and debris from being discharged onto the road.[1]
§ 217-67 Fences and walls.
Fences and walls are permitted as follows:
A.
Clear vision. Where the driveway meets the road and/or where one road intersects with another road, a hedge, fence, wall or other plantings shall not block the view or clear vision of a vehicle entering the road. It is the Town's intent to protect and preserve a clear vision area to maintain safe traffic flow and reduce potential conflicts with pedestrians and bicycle traffic.
B.
Clear vision in accordance with the requirements of Subsection G of this section shall be maintained wherever a driveway meets the road right-of-way for a radius of five feet.
C.
In any use, the minimum clear vision distance shall be 25 feet from the edge of the pavement at an intersection.
D.
Fences, walls, hedges or screen plantings may be required, as specified elsewhere in this chapter, for multifamily, commercial or industrial uses as are necessary to protect the residential quality of adjacent property as specified in § 217-79 of this chapter.
E.
Height restrictions.
(1)
Residential districts (A, AA, AAA, ARA).
(a)
A maximum height of four feet above the existing finished grade shall be permitted for fences, walls and plantings located in a front yard. At a road intersection, fences or walls shall be constructed of materials that shall not hinder clear vision in accordance with Subsection G of this section.
(2)
Business and Manufacturing Districts (NB, GB, M). There shall be no restrictions, except that any fence or wall located on a residential lot line or district boundary shall be limited to four feet in height at the property line or a maximum of six feet if located a minimum of six feet from the property line, above the existing finished grade.
F.
Location. All fences shall be located in their entirety within the property boundaries.
G.
The clear vision area shall contain no plantings, fences, walls, structures, or temporary or permanent obstructions exceeding three feet in height measured from the top of the road pavement, unless such plantings have all branches and foliage removed to a height of eight feet above the finished grade.
H.
No trees, shrubs, or other plantings shall be allowed to intrude on or obstruct any sidewalk or public walkway. All trees or other plantings shall be trimmed to a maintain a height of seven feet of clearance above any walkway.
§ 217-68 Steep slopes.
The Town of Elmira is characterized by numerous steep slope (10% or greater) areas. Special design treatment for roads, building sites, and other development is needed to preserve the natural terrain, trees, scenic views, etc. Development on steep slopes will be permitted, subject to the following guidelines:
A.
Development proposals shall be of sufficient detail to show site work (cut and fill), housing site location, erosion and drainage control measures (terraces, sediment basins, diversions, retaining walls, stream channel improvement, etc.) and road location (including cross-sections).
B.
Padding, which is the creation of level building sites, shall be permitted only when it can be clearly demonstrated by exhibits that the final treatment of the site will not reflect an unfavorable environmental impact and/or an unfavorable visual appearance.
C.
Design principles shall include, but not limited to, the following:
(1)
Landscaping of areas around structures making them compatible with the natural terrain.
(2)
Shaping, grouping and placement of man-made structures to complement the natural landscape.
(3)
Arrangement of buildings so they complement one another to promote visual interest.
(4)
Shaping of essential grading to complement existing land forms and prohibit any appearance of successive padding, terracing or other similar forms for building sites in the steep slope areas.
(5)
Development of off-road parking bays.
(6)
Use of turning circles at mid-block points to avoid the use of private driveways for turning and parking movement.
(7)
Encouragement of split-level building sites.
(8)
Use of one-way roads when consistent with traffic safety, circulation needs, and natural topography. This guideline allows for smaller road rights-of-way, less cut and fill within a given area and a highway network consistent with the natural terrain. Roads shall be parallel with the hillside wherever possible and have variable-width right-of-way. This not only provides the most economical routing, but also minimizes the amount of grading required.
(9)
Land within the hill area that is in excess of 25% slope shall not, to the greatest extent possible, be developed.
§ 217-69 Open space, parks and playgrounds.
The Planning Board may, as a condition of site plan approval, require that specific environmentally sensitive areas be designated for nondevelopment or open space purposes. Such designation shall depend upon the magnitude and character of the sensitive site features. The Planning Board may consider the designation of certain site areas for recreation purposes.
A.
Lands proposed for open space purposes shall be those lands that exhibit significant environmental constraints and are, therefore, not suitable for development purposes, shall either be deeded to the Town or be held in corporate ownership and maintained by an established organization.
B.
Lands proposed for park or recreation purposes shall meet the following minimum standards:
(1)
Such land shall either be offered to the Town for dedication or be held in corporate ownership and maintained by an established organization.
(2)
Such land shall have physical characteristics and locations which render them readily usable for appropriate recreation purposes, and their locations shall be selected with a view to minimize hazards and vehicular traffic for children walking between such facilities and their homes in the neighborhood.
(3)
Any such area shall be located at a suitable place on the edge of the development so that additional land may be added at such time as the adjacent land is developed.
(4)
A detailed development plan shall be provided for each neighborhood park or playground. At a minimum, the development plan shall provide for an approximately level area at least 2,000 square feet in size and proposed play structures/activities.
(5)
The development plan shall show how the entire area is to be graded, drained, and landscaped to make it a useful and attractive feature of the neighborhood.
C.
The Planning Board may accept an applicant's offer of a payment-in-lieu-of-parklands setaside if it determines that the site is not appropriate for parkland use or that parklands are not needed in the site area.
D.
All multiunit developments shall provide a minimum of 5% of the site area designed and developed for recreational uses.
§ 217-70 Utilities.
A.
Water supply and sewage disposal. Provisions for water supply, water and sewer lines, or on-lot sewage treatment systems shall comply with requirements of the Chemung County Health Department, CCESD, Elmira Water Board, and/or New York State Department of Environmental Conservation, whichever agency has the approval authority. The appropriate approval agency shall approve all installation, design and construction.
B.
Underground installation. All utility companies (telephone, electric, etc.) are now equipped to make underground installation of their services; underground installation shall be required when practical.
§ 217-71 Repair or removal of damaged buildings.
A.
Any building which has been damaged by fire or other causes to the extent of more than 50% of its replacement cost shall be repaired or razed by or at the cost of the owners. Such building shall either be so repaired or razed within nine months in a fashion which leaves the site clean.[1]
B.
A building which has been damaged by fire or other causes to the extent of less than 50% must be reconstructed within a period not to exceed nine months or be razed by or at the cost of the owners.
C.
Enforcement will be by the Code Enforcement Officer, utilizing the services of a qualified appraiser when necessary.
§ 217-72 Manufacturing uses.
A.
General standards. The following general standards are hereby adopted for the control of any industrial use. No such use shall be permitted, established, maintained or conducted therein which shall cause or be likely to cause:
(1)
Excessive smoke, fumes, gas, dust, odor, or any other atmospheric pollutant beyond the boundaries of the lot whereon such use is located. Whether smoke is excessive shall be determined according to the Ringelmann Scale for Grading the Density of Smoke, published by the U.S. Bureau of Mines, when the shade or appearance of such smoke is darker than No. 2 on said Ringelmann Smoke Chart.
(2)
Noise levels greater than 55 dBA measured at the boundaries of the lot occupied by such use causing the same.
(3)
Any pollution by discharge of any effluent whatsoever into any watercourse, open ditch, or onto any land surface.
(4)
Discharge of any effluent whatsoever into any sanitary sewer system except only in accordance with the rules and regulations of the Chemung County Elmira Sewer District. No chemical or industrial waste which places undue loads, as determined by the Town Engineer, shall be discharged into any municipal system, and any such wastes must be treated by the industrial use.
(5)
Glare, high light levels of spillage off the site, or vibration perceptible beyond the lot lines whereon such use is conducted.
(6)
Hazard to person or property by reason of fire, explosion, radiation, or other cause.
(7)
Any other nuisance harmful to person or property.
B.
Specific standards. The following specific standards are hereby adopted and must be complied with for any use in any Industrial District and before the same shall be permitted, established, maintained or conducted:
(1)
Storage facilities. Materials, supplies, or semi-finished products shall not be stored in a front yard, and such facilities located in the side yard or rear yard shall be screened in conformance with § 217-79.
(2)
Loading docks. No loading docks shall be on any road frontage. Provision for handling of all freight shall either be on those sides of any building which do not face on any road or proposed roads or be suitably screened therefrom. Loading docks shall be designed in such a way that all truck maneuvering can be accomplished on the site; no truck maneuvering shall be permitted in the public road.
(3)
Buffers and landscaping.
(a)
Buffer from residential use. In addition to the fences, walls and hedges, all principal buildings shall be set back from any lot lines abutting a residential use a minimum distance equal to twice the required yard as specified in the Density and Bulk Control Schedule.[1] Such buffer shall be landscaped in accordance with § 217-79 of this chapter.
[1]
Editor's Note: The Density and Bulk Control Schedule is included at the end of this chapter.
(b)
Landscaping. All areas of the plot not occupied by buildings, parking, driveways or walkways, or storage shall be landscaped with lawn, trees, shrubs, or other plant material. Such landscaping shall take into consideration the natural growth presently on the premises; the nature and condition of the terrain; the situation of the lands and premises themselves with regard to adjoining lands and premises; and shall be provided in conformance with § 217-79.
(c)
Fences and walls. Property that is adjacent to a business use shall be provided along such property lines, with a wall, fence, compact evergreen hedge or a landscaped strip of trees and shrubs so designed as to form a visual screen in conformance with § 217-79. Except for landscaped areas and parking areas, a use which is not conducted within a completely enclosed building shall be screened in conformance with § 217-79.
(6)
Utilities. All water and sewer facilities shall be designed and installed according to appropriate standards and be approved by the appropriate agency as per § 217-70A of this chapter.
(7)
Access. Special consideration shall be given to access to and from public roads and traffic volumes generated by the proposed use. Access shall not be allowed from residential roads unless a variance is approved by the Zoning Board of Appeals. A projection of expected vehicular use of neighborhood roads, including estimates of traffic volumes, shall be submitted. No access drive for any industrial use shall be within 300 feet of and on the same side of the road as a school, public library, theater, church, or other public gathering place, park, playground, or fire station unless such road shall be 50 feet or more in width between such access drive and such building or use.
§ 217-73 Solar energy systems and solar access.
To the maximum extent possible, all new development proposals totaling 10 acres of site area or more may be designed so the maximum number of buildings shall receive direct sunlight sufficient for using solar energy systems for space, water, or industrial process heating or cooling. Buildings and vegetation should be sited and maintained so that unobstructed direct sunlight reaches the southern exposure of the greatest number of buildings according to the following guidelines:
A.
Solar access shall be protected between the solar azimuths of -45° (east of due south) to +45° (west of due south).
C.
For purposes of solar access, roads, lots and building setbacks should be designed so that the buildings are oriented with their long axes running from east to west for one-unit development and north to south for townhouse and multiunit development.
D.
In order to maximize solar access, the highest densities shall, to the maximum extent possible, be placed on the south-facing slopes, with lower densities sited on north-facing slopes.
E.
Roads should be oriented on an east-west axis to the greatest possible extent.
F.
Buildings shall, to the greatest extent possible, be sited as close to the north lot line or lines as possible to increase yard space to the south for better owner control of shading.
G.
Tall buildings shall, to the greatest extent possible, be sited to the north of shorter ones and be buffered from adjacent development.
H.
Existing vegetation shall be retained and incorporated into the design as practicable.
I.
A description of any mechanisms, such as deed restrictions, covenants, etc., that are to be applied shall be provided.
§ 217-74 Wind energy conversion systems (windmills).
The intent of this section is to regulate the placement of and access to wind energy conversion systems for the purpose of protecting the health and safety of individuals on adjacent properties as well as the general public.
A.
Setback. The installation shall not be erected nearer to any lot line than the total height of the structure. Such height shall be defined as the tower height plus 1/2 the rotor diameter on a horizontal axis installation, and, on vertical axis installations, the distance from the base of the tower to the top of the unit.
C.
Safety.
(1)
The foundation and supports for the windmill shall either be designed by a licensed professional engineer and the drawings bear his seal and signature, or carry a manufacturer's seal and certification.
(2)
At least one sign shall be posted at the base of the tower warning of high voltage.
(3)
Tower climbing apparatus shall be no lower than 12 feet from the ground.
(4)
All installations shall be designed with braking systems.
D.
Noise. The maximum level of noise permitted to be generated by an installation shall be 55 dBA, measured at the property line.
§ 217-75 Home occupations.
A home occupation, as defined in this chapter, is permitted, provided such use is not specifically prohibited. Such use shall conform to the following standards, which shall be minimum requirements:
A.
No more than 25% of the total floor area of a dwelling unit or 500 square feet, whichever is less, may be used for such use.
B.
The use shall be carried on wholly within the enclosed walls of the dwelling unit.
C.
There shall be no more than one full-time employee who is not a resident of the dwelling unit.
D.
There shall be no external evidence of such use except for one sign not exceeding two square feet in area mounted flush with and on the front facade of the dwelling unit. No stock, merchandise, equipment or displays of any kind shall be visible outside the dwelling unit.
E.
No external structural alterations which are not customary to a residential building shall be allowed.
F.
The use shall not result in or cause vehicular traffic that will create a nuisance to abutting properties or be detrimental to the residential character of the neighborhood.
G.
Any form of business, the primary function of which is the wholesale or retail sale of goods or articles at the premises, shall be deemed a commercial use and not a home occupation.
H.
A use that involves primarily catalog sales/order processing and which does not involve volumes of stock or merchandise being distributed at the site is deemed a home occupation, provided such use meets the intent of all standards set forth herein.[1]
I.
The following uses and other uses similar in character shall not be considered to meet the intent of this section:
§ 217-76 Cottage industries.
A cottage industry, as defined in this chapter, may be permitted subject to site plan approval by the Planning Board, provided such use is not specifically prohibited. Such use shall conform to the following standards, which shall be minimum requirements:
A.
No more than 25% of the total floor area of a dwelling unit or 500 square feet, whichever is less, may be used for such use.
B.
No more than 1,000 square feet of an accessory building may be used for such use.
C.
The use shall be carried on wholly within the enclosed walls of the dwelling unit or accessory building.
D.
There shall be no more than three full-time employees who are not residents of the dwelling unit.
E.
There shall be no external evidence of such use except for one sign not exceeding two square feet in area mounted flush with and on the front facade of the dwelling unit or accessory building. No stock, merchandise, equipment or displays of any kind shall be visible outside the dwelling unit or accessory building.
F.
No external structural alterations which are not customary to a residential building shall be allowed.
G.
The use shall not result in or cause vehicular traffic that will create a nuisance to abutting properties or be detrimental to the residential character of the neighborhood.
H.
Any form of business, the primary function of which is the wholesale or retail sale of goods or articles at the premises, shall be deemed a commercial use and not a cottage industry.
I.
Any use that involves wholesale storage and/or fabrication or processing and which does not involve volumes of stock or merchandise being distributed at the site may be deemed a cottage industry, provided such use meets the intent of all standards set forth herein.[1]
J.
The following uses and other uses similar in character shall not be considered to meet the intent of this section:
K.
Such uses shall also be subject to any other conditions the Planning Board deems necessary to meet the intent of these requirements.
§ 217-77 Antennas.
No antenna of any kind may be erected or established in the Town except in conformance with the standards in this section and § 217-20, Use Regulation Table.
A.
Antenna size.
(1)
(3)
Roof-mounted installations shall not exceed the height restrictions as set for the zoning district within which the installation is placed.
B.
Antenna location.
(1)
For any use subject to the provisions contained herein, such antenna shall be located only in the rear yard of any lot, provided that such antenna is located a minimum of five feet from any principal building and lot line measured at the outermost diameter of the antenna. If a usable satellite signal cannot be obtained from such rear yard, the antenna may be located on the side or front yard of the property subject to site plan approval. For purposes of this chapter, a usable satellite signal is a satellite signal which, when viewed on a conventional television set, is at least equal in picture quality to that received from local commercial television stations or via cable television.
(2)
In the event that a usable satellite signal cannot be obtained by locating the antenna on the rear, side or front yard of the property, such antenna may be placed on the roof of the dwelling structure, provided that site plan approval is obtained prior to such installation. Such permit may be issued upon a showing by the applicant that a usable satellite signal is not obtainable from any other location on the property.
C.
General provisions.
(1)
For all uses, antennas shall be located and designed to reduce visual impacts from surrounding properties at road level and from public roads.
(2)
Not more than one antenna shall be allowed on any lot less than 9,000 square feet in size.
(3)
All antennas and the construction and installation thereof shall conform to applicable building and electrical code regulations and requirements.
(4)
Antennas shall meet all manufacturers' specifications, be of noncombustible and corrosive-resistant material, and be erected in a secure, wind-resistant manner.
(5)
Every antenna must be adequately grounded for protection against a direct strike by lightning.
(6)
Roof-mounted satellite (dish) antennas greater than two feet in diameter shall not be permitted.
§ 217-78 Filling stations; vehicle repair and sales; heavy equipment/vehicle sales and repair.
Where permitted, motor vehicle filling stations, vehicle repair, vehicle sales, and heavy equipment/vehicle sales and repair shall conform to the following standards, which shall be regarded as minimum requirements:
A.
B.
At least one lot frontage and width shall be a minimum of 100 feet.
C.
Fuel pumps and other service devices shall be located at least 25 feet from any front lot line and 40 feet from any side and rear lot lines. This distance shall be measured from the outside edge of the fuel island.
D.
All automobile parts, including tires and dismantled vehicles, are to be stored within a building. Old tires that are offered for sale may be placed outside during normal business hours, but must be stored in a rack. Old tires to be scrapped or sold for junk must be stored either inside a building or behind a six-foot-high fence, wall or natural screen in conformance with § 217-79.
E.
No accessory goods for sale may be displayed on the pump island or building island.
F.
All repair work is to be performed within a building. Automobiles waiting to be serviced or stored on the premises shall not encroach on any required yard area. Wrecked automobiles being held for insurance adjuster inspection may be stored for a period not to exceed 30 days and must be stored in the rear of the premises and screened to the greatest extent possible.
G.
Parking.
(1)
No vehicle shall be parked, stored or left standing within 15 feet of the road line and/or fuel pump islands.
(2)
Parking requirements shall be in conformance with § 217-62. Such parking areas shall not conflict with the traffic pattern established for the use of the fuel pumps. Additional parking area may be required by the Planning Board to accommodate tractor-trailer delivery.
(3)
Where parking areas abut a residential use, they shall be screened by a buffer area no less than 10 feet in depth composed of densely planted plant material, solid fencing, or a combination of both which, in the opinion of the Planning Board, will be adequate to prevent the transmission of headlight glare across the boundary line. Such buffer screen shall have a minimum height of six feet above finished grade at the highest point of the parking area. The materials used shall be in keeping with the character of the adjacent residential area. If said shrubbery or fences become decayed and fail to provide an adequate screen, the Code Enforcement Officer may direct the property owner to replace said shrubs.
H.
All storage and display areas shall be provided with a hard, dust-free surface, shall be adequately drained and, if lighted, shall produce no glare on adjacent properties.
I.
A maximum of two driveways and curb cuts shall be permitted per road frontage. These shall be no less than 10 feet and no more than 50 feet in width in accordance with § 217-66, and shall be located a minimum of 40 feet from any road intersection; a minimum distance of 30 feet shall be maintained between such driveways and curb cuts.
J.
No twenty-four-hour operation use shall be permitted within 100 feet of an existing residential use and/or district boundary.
§ 217-79 Buffer and landscaping requirements.
A.
Intent. The objective of this section is to provide the necessary consideration to those physical and visual elements of the land uses in the Town of Elmira that require or may be improved by treatment of the natural landforms/topography or man-made features arranged so as to enhance the appearance, screen or effectively separate different types of land use as well as to eliminate or minimize impacts on adjoining uses such as dirt, litter, noise, glare and incompatible buildings or uses (such as outdoor storage, loading and parking areas). The Planning Board may require that a professional licensed landscape architect prepare plans under this section.
B.
Buffer and landscaping techniques. The particular type of buffer and landscaping treatment shall be as determined by the Planning Board to meet the intent of this section. The following major types of treatment and combinations may be considered:
(1)
Visual separation/screening, including earth mounding, berm, and screen-planting techniques designed to separate, obscure or soften an incompatible view or use.
(2)
Visual setting, including ground cover and plant materials designed to stabilize the landform and provide an appropriate foreground or setting.
(3)
Physical separation, including a combination of plant and man-made materials or features designed to separate distinct land use types or activities.
C.
Requirements.
(1)
Plant specifications. The planting specifications and guidelines for each buffer and landscape technique shall be determined by the Planning Board on a case-by-case basis. The Planning Board shall consider the number and types of plants required in a buffer yard based on the type of treatment it determines to be appropriate in accordance with Subsection B above. The number and type of plant materials shall be based on the proposed width of the yard; the wider the buffer yard, the less the plant materials required.
(2)
Minimum plant size. Unless otherwise specifically stated elsewhere in this chapter, all plant materials shall meet the following minimum size standards:
Plant Material Type | Buffer Yards Abutting Vacant Land | All Other Plant Materials | ||
|---|---|---|---|---|
Canopy tree Single stem Multistem clump | 1 1/2 inch caliper 6 feet (height) | 2 1/2 inch caliper 9 feet (height) | ||
Understory tree | 1 1/2 inch caliper 4 feet (height) | |||
Evergreen tree | 3 feet (height) | 5 feet (height) | ||
Shrub | ||||
Deciduous | 15 inches (height) | 24 inches (height) | ||
Evergreen | 12 inches (height) | 18 inches (height) | ||
(3)
Plant material substitutions. The following plant material substitutions shall satisfy the requirements of this section:
(4)
All disturbed soil areas of the site shall be replanted or reseeded in an approved fashion.
(5)
No landscaping feature shall be erected, placed or maintained in such a manner as to interfere with clear vision and/or the safe movement of vehicular traffic.
§ 217-80 Fast-food restaurants.
Where permitted, fast-food restaurants meeting the definition of this chapter shall conform to the following standards, which shall be regarded as minimum requirements:
A.
The minimum lot size shall be 20,000 square feet.
B.
At least one lot frontage shall be a minimum of 100 feet.
C.
Access.
(1)
A maximum of two driveways and curb cuts shall be permitted on each road frontage.
(2)
All drives shall be no less than 30 feet and no wider than 50 feet in width.
(3)
Drives shall be located a minimum of 40 feet from any road intersection and shall maintain a minimum of 30 feet between such driveways or curb cuts.
(4)
Driveways shall create minimal conflict with pedestrian access to the building from the parking lots and sidewalk abutting the property.
§ 217-81 Drive-through uses.
Where permitted either as accessory to other permitted uses or as a principal use, drive-through uses, as defined in this chapter, shall conform to the following standards, which shall be regarded as minimum requirements:
A.
All drive-through lanes shall be distinctly marked and shall be separate from circulation lanes.
B.
Lanes shall not cross any principal pedestrian access to the building or site.
C.
Stacking or queuing requirements.
(2)
Banks and other businesses not using order stations shall maintain a minimum of 60 feet from start of lane to service window or ATM.
(3)
Multiple drive-through lanes. The Planning Board may allow reductions for businesses with multiple drive-through lanes based on review of proposed traffic circulation and usage.
(4)
All uses shall maintain a minimum distance of 20 feet from the service window to the public right-of-way or interior parking aisles.
§ 217-82 Adult bookstores, theaters and similar uses.
A.
Intent. This section is intended to regulate uses which, because of their very nature, are recognized as having serious objectionable operation characteristics, particularly when several of them are concentrated under certain circumstances, thereby having a deleterious effect upon the adjacent areas. Special regulation of these uses is necessary to ensure that these adverse effects will not contribute to the blighting or downgrading of the surrounding neighborhood.
B.
Restrictions on regulated uses.
(2)
No such adult use shall be located in any zoning district except the M District, and such adult uses shall be subject to special permit and site plan approval by the Planning Board.
(3)
Special permit criteria considerations for adult uses. Adult uses shall meet the following minimum standards. Adult uses shall:
(a)
Not be located within 500 feet of another existing adult use.
(b)
Not be located within 500 feet of any zoning district which is zoned for residential use.
(c)
Not be located within 500 feet of a preexisting school, place of worship, or a park.
(d)
Not be conducted in any manner that permits the observation of any material depicting, describing or relating to sexual activities or anatomical areas from any public way or from any property not registered as an adult use. This provision shall apply to any display, decoration, sign, show window or other opening.
§ 217-83 Outside storage of vehicles, equipment or materials.
A.
Storage in front or side yards.
(1)
No required front yard or side yard in any district shall be used for the storage of any vehicles, or for the storage of any parts or equipment for making repairs to any kind of vehicles.
(2)
No required front yard or side yard in any district shall be used for the storage of any travel-trailers, recreational vehicles, boats or boat trailers or snowmobiles.
B.
Storage of unregistered and unlicensed motor vehicles and/or parts. In any district, there shall be no outside storage of any unregistered or unlicensed motor vehicles for a time period longer than 30 days in any calendar year.
C.
Outside storage of materials in the NB, GB and M Districts. Items and material for sale or used in fabrication/processing on any site in the NB, GB and M Districts shall be stored within a secure fence that effectively screens such material from the adjoining public roads and any residential uses.
§ 217-84 Private stables.
Private stables, as defined in this chapter, shall meet the following minimum standards:
A.
There shall be a minimum of one acre of land for each horse or pony kept at the site.
B.
All buildings used to house or shelter such animals shall be located a minimum of 100 feet from any lot line.
C.
No animal waste shall be stored within 100 feet of any lot line.
D.
Adequate fencing shall be provided to secure and contain animals on the site.
§ 217-85 Composting.
Composting of biodegradable organic matter for use in fertilizing or conditioning soil on the same lot is permitted in the AR, ARA, AAA, AA, and A Districts in accordance with the following standards:
§ 217-86 Roadside stands.
Roadside stands are permitted in the AR District in accordance with the following minimum standards:
A.
All stands shall either be temporary structures to be removed in the off-season, or be constructed in such a way that they can be secured when not in use.
B.
Stands shall be located a minimum of 10 feet from the right-of-way.
C.
Products sold or displayed shall be limited to agricultural products grown on the proprietor's property.
D.
Each stand shall be allowed a maximum of 32 square feet of signage in a maximum of two signs. All signs shall be removed when the stand is not in operation.
§ 217-87 Churches in AAA, AA, and A Districts.
All church buildings in AAA, AA and A Districts shall be located a minimum of 40 feet from any lot line.
§ 217-88 Convenience food marts in AR District.
Convenience food marts, as defined in this chapter, are permitted in the AR District in accordance with the following requirements:
A.
No lot proposed for such use shall be larger than five acres in size.
B.
No building or part of a building devoted to such use shall have an area greater than 5,000 square feet in area.
C.
All such uses shall be located on a state or county route.
D.
There shall be no more than one such use permitted within an area encompassing a one-mile radius.
F.
Each use may have one principal business sign no greater than 32 square feet in area.
§ 217-89 Alternative dwelling unit parks.
The Town of Elmira seeks to accommodate the appropriate and safe location of dwelling units that do not meet the minimum area or overall exterior dimension requirements as specified in the Density and Bulk Control Schedule[1] in parks as a form of rural affordable housing in the Town. The Town also recognizes that is necessary to establish the following minimum development standards in order to ensure the safe and appropriate location and operation of these parks for the inhabitants and adjoining property owners.
A.
Criteria for park siting. Alternative dwelling unit parks shall be permitted under site plan approval by the Planning Board in the AR Zoning District. Parcels shall be a minimum of 20 acres in size to be considered for an alternative dwelling unit park. The Town shall consider the following siting criteria when evaluating an alternative dwelling unit park application:
B.
Density.
(1)
Gross density shall not exceed 4.5 units per acre.
(2)
C.
Dwelling unit installation. All dwelling units shall meet New York State Uniform Fire Prevention and Building Code requirements and shall be installed on park sites in accordance with the requirements of this Code. Any mobile home shall be provided with skirting within 90 days of being installed in the park.
D.
Vehicular circulation and storage.
(1)
Entrance roads. All parks shall have a minimum of two access points to the Town/public road.
(2)
Road standards.
(a)
All park roads shall be designed to accommodate safe access of residents' vehicles and emergency vehicles.
(b)
Private roads shall be permitted in a layout approved by the Planning Board. All private roads shall have a minimum of 20 feet of pavement width and be designed and constructed to meet all other minimum specifications of the Town Highway Superintendent.
(c)
All park roads shall be constructed and maintained with a asphalt or comparable surface.
(4)
Parking.
(a)
Minimum parking requirements: two spaces per unit.
(b)
Minimum parking space size: nine feet by 18 feet.
(c)
At least one space shall be located on each dwelling unit lot/site. Additional spaces shall be conveniently grouped throughout the park.
(d)
Prohibited parking. No travel-trailer, boat and/or trailer, or snowmobile shall be stored on a mobile home lot.
E.
Amenities and facilities.
(1)
Community facilities. All parks shall provide a community space or facilities. The applicant shall document how such facilities will be supervised and managed. Such facilities may include meeting rooms, community rooms, recreation buildings, laundry rooms, and/or swimming pools.
(2)
Recreation lands and open space. All parks shall provide land area for recreational and open space purposes at a minimum of 200 square feet per dwelling unit site/lot. Such space shall be of sufficient size to accommodate active recreation and shall be seeded or developed with recreational equipment.
(3)
Walkways. Each dwelling unit site/lot shall be provided with a walkway from the site to a road, driveway and/or parking area provided for the site.
(4)
Lighting. All parks shall provide adequate lighting to illuminate roads, walkways and driveways for the safe movement of pedestrians at night.
F.
Water. All parks shall have a public water system approved by the Chemung County Health Department and shall provide water supply adequate for fire protection.
G.
Sewer. All parks shall have public or community sewage treatment systems approved by the Chemung County Health Department or New York State Department of Environmental Conservation.
H.
Solid waste. Storage, collection and disposal of solid waste shall be conducted in a manner that does not create a fire, accident, or health hazard or the breeding of vermin. Solid waste dumpsters or storage areas shall be enclosed or otherwise screened from view, they shall be animalproof and shall be located within 100 feet of any dwelling unit site that they service.
I.
Utilities. All utilities shall be installed underground.
J.
Maintenance. It shall be the responsibility of the park owner that all of the requirements of this section are met. There shall be provided at all times adequate park supervision and maintenance of the amenities and services, including water, sewer, and roads.
[1]
Editor's Note: The Density and Bulk Control Schedule is included at the end of this chapter.
§ 217-90 Filling and grading.
Filling of any lot in the Town of Elmira shall be done in accordance with the following minimum standards:
A.
All fill material shall be clean fill meeting NYSDEC's definition and shall include no blacktop, asphalt, concrete, rocks or other substances larger than three feet in any linear dimension.
B.
All areas being filled shall be leveled and seeded within 45 days of the placement of the fill, and in all instances prior to October 15 of any year.
C.
A minimum of four feet of earth or topsoil shall be placed over the clean fill in order to support vegetation.
D.
No lot shall be filled to an elevation that exceeds surrounding grade level without prior Planning Board approval.
E.
No fill shall be placed in any drainage swales or ways in any manner that will reduce or modify the capacity of such swales and/or the direction of stormwater flows.