Endicott City Zoning Code
PART 5
Development Standards
§ 300-51.1 Intent.
The intent of the following standards is to:
A.
Ensure that any parking area or facility is designed to provide proper circulation, reduce hazards to pedestrians, and protect the users of adjacent properties from nuisances caused by the noise, fumes, and glare of headlights which may result from the operation of vehicles;
B.
Reduce congestion on the streets;
C.
Ensure there are adequate amounts of parking and loading facilities to serve the use(s) and users of the property; and
D.
Encourage alternative parking designs and modes of transportation to reduce dependence on single-occupancy vehicular trips and improve efficiency during travel.
§ 300-51.2 Applicability.
For every building hereafter erected, altered, extended or changed in use, there shall be provided off-street parking spaces at least as set forth below as a condition precedent to occupancy of all buildings or land. Off-street parking, loading and stacking facilities conforming to the requirements of this article shall be provided as follows:
A.
New or moved buildings and uses. Parking, loading and stacking facilities, as required, shall be provided for all buildings and uses constructed, established or moved to new sites.
B.
Increase in intensity of use. An increase in the intensity of use of a building or premises shall mean the addition of dwelling units, gross floor area, seating capacity or any other unit of measurement used as a basis for determining required parking, loading and stacking facilities. Additional parking, loading and stacking facilities, as required, shall be provided for any such increases in an existing use.
C.
Change in use. When the use of any building or premises is changed to a different use, parking, loading and stacking facilities, as required, shall be provided for the different use.
D.
Nonconformity parking, loading and stacking facilities. A building, use or occupancy lawfully existing at the time this article or any amendment thereto becomes effective, but which does not conform to the off-street parking, loading and stacking requirements, may be occupied or continued without such facilities being provided. Any such spaces that may be provided thereafter shall comply with the requirements of this article. If an existing building, use or occupancy is altered so that there is an increase in the number of dwelling units, seating capacity, employees or floor area, or if the use is changed to one requiring more off-street parking, loading and stacking spaces, the number of such spaces shall be provided at least equal to the number required for the increased area of the building or use in accordance with all provisions of this article.
E.
Existing facilities. Off-street parking, loading and stacking facilities in existence on the effective date of this article shall not be reduced below, or if already less than, shall not be further reduced below the requirements for an equivalent new building or use. In no case shall it be necessary to continue parking, loading and stacking facilities in excess of those required by this article for equivalent new buildings or uses.
§ 300-51.3 Minimum required parking spaces.
[Amended 2-6-2023 by L.L. No. 1-2023]
Parking for all uses and structures shall be provided in accordance with the table below. Where no requirement is designated and the use is not comparable to any of the listed uses, parking requirements shall be determined by the Planning Board based upon the capacity of the facility and its associated uses. The Planning Board may consult with the Town or Village Engineer or other resources in its determination. The Planning Board may require off-street parking and loading spaces in addition to those required by this article for the safety and general welfare of the public.
Use | Number of Parking Spaces | ||
|---|---|---|---|
Residential | |||
Single-family dwelling | 2 per dwelling unit | ||
Two-family dwelling | 2 per dwelling unit | ||
Multifamily, studio to 1-bedroom | 1.5 per dwelling unit | ||
Multifamily, 2-to-3-bedroom units | 2 per dwelling unit | ||
Senior housing | 1.3 per dwelling unit | ||
Boardinghouses | 0.5 per rooming unit | ||
Government/Cultural/Educational | |||
Schools, elementary and intermediate | 1 per employee, plus 2 per classroom | ||
Schools, secondary | 1 per 10 students, plus 2 per classroom plus 1 per employee | ||
School, occupational/skill training | 1 per instructor, plus 1 per 3 students | ||
Place of worship | 1 per 3 seats | ||
Community center | 6 per 1,000 square feet | ||
Library | 2 per 1,000 square feet | ||
Auditorium | 1 per 4 seats | ||
Private club | 8 per 1,000 square feet | ||
Recreational: | |||
Bowling alley | 2 per lane | ||
Skating rink | 1 per 5 persons (based on capacity) | ||
Swimming pool | 1 per 4 persons (based on capacity) | ||
Tennis club | 3 per court | ||
Day care or nursery | 1 per 6 enrolled, plus 1 per employee | ||
Hospital | 1 per bed, plus 1.5 per employee (during maximum shift) | ||
Medical clinic, medical office | 5 per 1,000 square feet | ||
Nursing home | 1 per 2 beds, plus 1.5 per employee (during maximum shift) | ||
Commercial/Retail | |||
General retail | 4 per 1,000 square feet | ||
Food store | 5 per 1,000 square feet | ||
Convenience store | 5 per 1,000 square feet | ||
Home occupations | Maximum of 2 | ||
Cannabis retail sales establishment | 5 per 1,000 square feet | ||
Service | |||
Bank | 2 per 1,000 square feet | ||
Bar/tavern/nightclub | 1.5 per seat | ||
Bed-and-breakfast lodging | 1 per guest bedroom, plus 1 per owner | ||
Barbershop/beauty salon | 1.5 per chair | ||
Dry cleaning/laundromat | 2 per 1,000 square feet | ||
Hotel/motel | 1 per room, plus 1 for every employee on a single shift | ||
Funeral homes | 10 per 1,000 square feet | ||
Office, professional or business | 5 per 1,000 square feet | ||
Restaurant, carry-out | 2 per 1,000 square feet | ||
Restaurant, with drive-through | 1 per employee, plus 4 per 1,000 square feet | ||
Restaurant, sit-down | 0.5 per seat | ||
Cannabis on-site consumption establishment | 1.5 per seat | ||
Vehicle related | |||
Vehicle repair/service or gas station | 2 per bay | ||
Vehicle sales | 2 per employee | ||
Vehicle rental | 1 per 1,000 square feet floor area | ||
Car wash | 1 per employee | ||
Industrial/manufacturing | |||
All uses | 1 per employee on a single shift | ||
§ 300-51.4 Location of spaces.
All parking spaces and loading spaces shall be on the same lot as the use they are intended to serve. With Planning Board approval, uses within 400 feet of a municipal parking lot or designated on-street parking may be wholly or partially exempt from the off-street parking requirements within the Central Business Zoning District.
§ 300-51.5 Shared parking.
A.
The collective provision of off-street parking areas by two or more commercial or industrial buildings or uses located on adjacent lots is permitted, provided that the total of such facilities shall not be less than the sum required of the various buildings or uses computed separately, and further provided that the land upon which the collective facilities are located is owned or leased by one or more of the collective users.
B.
Shared off-street parking for two or more uses that are located on the same lot or share a common property boundary and have different peak parking demands or operating hours may be permitted, provided that:
(1)
Parking must be located within 400 feet of the buildings/uses it is intended to serve.
(2)
The applicant must demonstrate that the uses have different peak-hour parking demands or that the total parking demand at one time would be adequately served by the total number of parking spaces proposed.
(3)
A shared parking agreement must be drafted documenting the joint use and must be reflected in a deed, lease, contract, easement or other appropriate document.
§ 300-51.6 General requirements.
Off-street parking, loading and stacking facilities required by this article serving rooming houses, three or more residential uses on a single lot and/or nonresidential uses, shall conform to the requirements of this article as follows:
A.
Paving. All parking facilities shall have a smooth, all-weather surface. Such surface shall be permanent and capable of being kept free of snow, dust, and dirt and of being permanently marked.
B.
Bumper guards and wheel stops. In locations where curbing is not required, bumper guards shall be used. Bumper guards, not less than two feet in height, or wheel stops shall be provided adjacent to any building, wall, fence, walkway, landscaped area or property line to protect people, property and other vehicles. The wheel stops shall not be less than 18 inches in from the front of the parking space.
C.
Curbing. All front yard perimeter landscaping shall include concrete, masonry or metal barriers to contain and/or protect landscaping materials.
D.
Drainage. Parking facilities and access driveways shall be graded so as to provide for the proper control of all surface water.
E.
Fire lanes. Parking facilities shall conform to the Motor Vehicle and Traffic Ordinance of the Town and Villages.
F.
Marking. All parking facilities and access driveways shall be clearly marked with a minimum painted strip of four inches in width.
G.
Operation and use. Required parking facilities shall be used exclusively for the temporary parking of passenger vehicles or light trucks of patrons, occupants or employees of the structure or use to be served. Required parking facilities shall not be used to satisfy the berth requirements for loading facilities, or stacking requirements, nor for the sale, display, rental or repair of motor vehicles.
H.
Separation between parking spaces and dwellings served. All parking spaces in an open parking facility shall be separated from dwelling unit walls on the same lot, if the walls contain windows, other than garage windows, which are on the same or approximately the same level as the parking facility. The separation shall be at least 10 feet in width, at least 1/2 the width of which shall be unpaved.
I.
Parking spaces for the handicapped. Parking facilities shall comply with the requirements of the New York Uniform Fire Prevention and Building Code.
J.
Off-street parking areas shall be screened in accordance with the landscaping, screening and buffer regulations specified in Article 54 of this chapter.
K.
Customer/employee parking should not be located within 10 feet of a residential district.
L.
Parking may not be located within 10 feet of street frontage unless proper screening or decorative fencing is installed.
M.
Off-street parking in commercial and industrial districts may be provided in any yard space, but shall not be closer than 10 feet to any front property line.
N.
In residential districts, parking may be provided in any yard space except front yard space; however, parking in front yard space shall be allowed on hard-surfaced driveways, provided that the parking of such vehicle shall not obstruct the view of oncoming traffic. The term "vehicle," as used in this section, shall include, but not be limited to automobiles, motorcycles, trucks, recreational vehicles, campers and trailers, including recreational and boat trailers.
O.
Americans with Disabilities Act (ADA). All new or upgraded parking areas must meet the requirements of the ADA. Upgrading of a parking lot shall include reconstruction or repaving but not sealing an existing surface.
§ 300-51.7 Design standards.
A.
Aisle widths. Aisle widths shall have the following minimum dimensions, based on the angle of parking.
(1)
Ninety-degree parking. Aisle width shall be a minimum of 24 feet. This aisle can be used for two-way traffic.
(2)
Sixty-degree parking. Aisle width shall be a minimum of 18 feet for one-way traffic and 24 feet for two-way traffic.
(3)
Forty-five-degree parking. Aisle width shall be a minimum of 13 feet for one-way traffic and 24 feet for two-way traffic.
(4)
Thirty-degree parking. Aisle width shall be a minimum of 12 feet for one-way traffic and 24 feet for two-way traffic.
(5)
Parallel parking. Aisle width shall be a minimum of 12 feet for one-way traffic and 24 feet for two-way traffic.
B.
Size of parking spaces. The size of the parking spaces shall have the following minimum dimensions, based on the angle of parking, and shall be separated by six inches from an adjoining space.
C.
Access driveways. Access driveway widths shall have the following minimum dimensions:
(1)
Nine feet for all driveways serving one- or two-family dwellings.
(2)
Ten feet for any one-way or 20 feet for any two-way residential driveway serving three or more dwelling units or a rooming house.
(3)
Twelve feet for all one-way nonresidential driveways.
(4)
Twenty-four feet for all two-way nonresidential driveways.
D.
All parking facilities serving three or more residential units, or nonresidential uses shall be arranged so that any vehicle entering a public right-of-way shall do so traveling in a forward motion.
E.
Maximum driveway widths in residential districts. In the following residential districts, a driveway for a residential use shall have the following maximum width measured at the street property line:
F.
Off-street loading and maneuvering. For every building, structure or part thereof having over 5,000 square feet of gross building area erected and occupied for commerce, hospital, laundry, dry cleaning, places of public assembly, industry and other similar uses involved in the receipt and distribution by vehicles of materials or merchandise, there shall be provided and permanently maintained adequate space for standing, loading and unloading services in order to avoid undue interference with the public use of streets or alleys. No use shall permit vehicles delivering or picking up material from its site to use the public streets as waiting, staging or maneuvering areas except in the CB District.
(1)
Every use which complies with the above definition shall be provided with at least one truck standing, loading and unloading space on the premises, not less than 12 feet in width, 40 feet in length, and 14 feet in height. One additional truck space of these dimensions shall be provided for every additional 10,000 square feet or fraction thereof of gross area in the building.
(2)
Off-street loading facilities for separate uses may be provided jointly if the total number of spaces so provided is not less than the sum of the separate requirements for each use, and provided that all regulations governing the location of accessory spaces in relation to the use served are adhered to.
(3)
Access to a truck standing, loading and unloading space shall be provided directly from a public street or alley or from any right-of-way that will not interfere with public convenience and that will permit orderly and safe movement of truck vehicles.
(4)
Loading space as required under this section shall be provided in addition to off-street parking space and shall not be considered as supplying off-street parking space.
(5)
Off-street loading and unloading areas shall be surfaced with a dustless, durable, all-weather pavement, which shall be adequately drained, all subject to the approval of the Planning Board.
(6)
Whenever an off-street loading and unloading area shall be located next to a residential zone, said loading and unloading area shall be provided with a buffer adequate to provide a screen to comply with performance standards. (See Article 54.)
(8)
Adequate maneuvering space shall be allocated to prevent vehicles from backing from or onto the public right-of-way.
(9)
Maneuvering space shall not be located within the right-of-way of a public street.
(10)
No driveway providing access to an off-street parking area shall be located closer than 30 feet to the intersection of public streets.
(11)
Snow storage areas: for off-street parking areas greater than 20 spaces, provide a dedicated area independent of required parking/loading spaces for the placing and storage of snow.
(12)
Lighting. All parking areas and appurtenant passageways and driveways serving commercial and industrial uses shall be illuminated in conformance with the lighting standards in Article 55. Adequate shielding shall be provided by business uses to protect adjacent residential zones from the glare of such illumination and from that of automobile headlights.
(13)
Stacking standards for drive-through uses, such as, but not limited to:
(a)
Banks/ATMs: four spaces measured from the teller/ATM.
(b)
Car washes: five (self-serve) or 10 (automatic) spaces per bay, measured from the entrance.
(c)
Gas station pumps: four spaces per island side, measured from the pump island.
(d)
Pharmacies: four spaces, measured from the window.
(e)
Restaurants: six spaces, measured from the order box.
(f)
Oil change/quick lube stations: three spaces per bay.
§ 300-51.8 Location and areas computed as parking spaces.
Areas which may be considered as off-street parking spaces include any private garage, carport or other area available for parking other than a street, entrance and exit lanes or a driveway, except that no vehicle shall be parked or stored in any required fire lane. For single-family, two-family and mobile homes, no more than 50% of the lot width for lots under 60 feet in width or 33% for lots equal to or greater than 60 feet may be used for parking. For all other uses, refer to § 300-51.6.
§ 300-52.1 Purpose.
The primary purpose of these sign regulations in the Town and Villages is to identify the location or occupant for a parcel of land while protecting public health, safety and general welfare. These regulations also serve to:
A.
Ensure right to free speech as protected under the Constitution;
B.
Protect property values, create a more attractive economic and business climate and protect the physical appearance of the community;
C.
Provide businesses with effective means of identification while reducing visual clutter through the prevention of excessive and confusing sign displays;
D.
Reduce traffic conflicts or hazards by minimizing visual distractions or obstacles in or visible from the public rights-of-way;
E.
Minimize the adverse effect of signs on nearby public and private property;
F.
Avoid personal injury and property damage from unsafe or confusing signs; and
G.
Establish a clear and impartial process for those seeking to install signs.
§ 300-52.2 General requirements.
The following apply to all signs in the Town and Villages which are erected or installed after the effective date of this chapter:
A.
Signs cannot be located on a public right-of-way or public property and must be located on the property on which the business is located unless it is a legally established billboard;
B.
No sign shall obstruct the view at the intersection of any streets or be confused with traffic management signs or signals;
C.
If the property/structure contains walls facing more than one property line, the number of signs and the sign areas will be computed separately for each face of the building facing a different frontage;
D.
Any sign that no longer advertises the use of the property must be removed within 30 days after written notification from the Code Enforcement Officer; and
E.
Temporary signs:
(1)
No temporary sign is allowed for more than 30 days with no more than one thirty-day extension.
(2)
Size of temporary signs is regulated by the provisions in these regulations, but shall not be in excess of the size permitted for any permanent sign of similar type or configuration within specific zones.
(3)
Any sign requiring electricity must conform to requirements for permanent signs requiring electricity under this chapter.
§ 300-52.3 Signs authorized without permit.
The following types of signs may be erected in the Town and Villages without obtaining a permit. Although permits are not required for these signs, the signs shall conform to the height, setback and size requirements detailed in this chapter.
A.
Official sign, public notice sign, or warning sign supported by federal, state or local law (Example: New York State inspection station or authorized repair shop identification.);
B.
Any sign within a building not legible from the street or adjacent lots;
C.
Any sign within an enclosed outdoor space, such as athletic field, where the sign is not legible beyond the property lines;
D.
Works of art not displaying a commercial message;
E.
Banners not displaying a commercial message;
F.
Holiday decorations not displaying a commercial message;
G.
Construction signs: one sign per construction project, not exceeding 32 square feet in area in residential districts or 64 square feet in all other districts, provided that such signs shall be removed five days after the completion of construction or the placement of a permanent sign. The signs shall be confined to the construction site.
H.
Directional signs: signs which provide direction and are located entirely on the property to which they pertain and do not advertise a business and do not exceed four square feet in area. Directional signs include signs identifying public rest rooms, public telephones, walkways or signs providing direction, such as parking lot entrance and exit signs, and those of a similar nature. Such directional signs shall be allowed within the street setbacks and side and rear yards.
I.
Drive-in facilities.
(1)
Businesses with drive-in facilities may have one sign, not exceeding 24 square feet for each drive-in lane. The sign shall be located adjacent to the drive-in lane and shall be easily visible to motorists using the lane. If the drive-in lane or facility is removed or not operating for a period exceeding 60 days, the sign must be removed.
(2)
Such signs shall only provide information which will assist the motorist in using the facility. Such signs may include but shall not be limited to menus, banking instructions, manual car wash instructions and other signs of a similar character. Advertising is not permitted on these signs.
J.
Flags: the flags, emblems or insignia of any nation, political subdivision or corporation flag. Flagpoles shall be subject to the height restrictions imposed by each respective zoning district. Corporate flags shall be limited to one per lot and shall count against calculation of permitted wall signage.
K.
Gasoline service station price signs: signs not exceeding three square feet advertising the price of gasoline and indicating self-service or full-service, when attached to a gasoline pump or pump service island.
L.
Government signs: signs erected and maintained pursuant to and in discharge of any government function. There are no bulk requirements for government signs.
M.
Home occupation signs: one sign for each dwelling unit, not to exceed two square feet in area, indicating the name, location or identification of a home occupation, with a minimum street setback of 10 feet.
N.
House numbers and nameplates: house numbers and nameplates, not exceeding two square feet in area for each dwelling unit.
O.
Memorial signs: memorial signs or tablets, names of buildings and date of erection, when cut into any masonry surface or inlaid so as to be part of the building or when constructed of bronze or other similar noncombustible material; historical markers erected by any government body or with a government permit. There are no bulk requirements for memorial signs.
P.
"No Trespassing" and "No Dumping" signs: "No Trespassing" and "No Dumping" signs not to exceed two square feet in area per sign. Such signs shall be permitted within the street setback and side and rear yards.
Q.
Multifamily retail and subdivision sales signs. One sign shall be permitted; its purpose is to advertise the availability of rental units, subdivision lots and houses. The sign may contain information on rent levels, numbers of bedrooms, housing prices, financing, descriptive matter and the like. The sign shall be limited to 32 square feet in size. The sign may be located on any lot within the subdivision or multifamily project area, but shall not be located upon a public right-of-way. The sign shall be subject to the restrictions and regulations of the zoning district in which it is located.
R.
Notice bulletin boards: notice bulletin boards not over 24 square feet in area for public, charitable or religious institutions where the same is located on the premises of the institution.
S.
Political and campaign signs: political and campaign signs on behalf of candidates for public office or measures on election ballots, provided that the signs are subject to the following regulations:
(1)
Political and campaign signs are permitted in all zoning districts.
(2)
The signs shall not be erected earlier than 30 days prior to a primary or special election and 60 days prior to a general election. All signs shall be removed within five days following said election.
(3)
The number of signs on any one parcel of land is not restricted, but the total combined size of the signs shall not exceed 32 square feet in area and shall not exceed five feet in height from the surrounding grade. In addition, in residential zoning districts, no individual sign shall exceed 16 square feet in size. Signs shall not be erected in such a manner as to constitute a roof sign. Notwithstanding the provisions of this chapter, a sign may be placed upon any legally existing off-premises sign structure, but not so as to cover an already existing sign.
(4)
No signs shall be located within or over a public right-of-way. All signs shall comply with the provisions of § 300-53.14, Visibility at intersections.
(5)
This section in no way prohibits the display or use of bumper stickers, cartop signs and signs inside the window of a building.
T.
Portable signs. Portable signs shall be permitted in the following situations:
U.
Real estate signs. One real estate sign on any lot or parcel, provided that such sign is located entirely within the property to which the sign applies, is not directly illuminated, does not exceed six square feet in area and is removed within seven days after the sale, closing, rental or leasing.
V.
Sandwich board signs. One sandwich board sign is permitted for each business. Said sign cannot exceed six square feet in area. Said sign must be removed at the close of each business day. Said sign must comply with applicable provisions in § 300-52.7 of this article. Said sign shall not require a sign permit.
(1)
Said sign cannot be located on a public right-of-way or public property and must be located on the property on which the business is located.
(2)
Businesses located within the Central Business Zoning District, which under normal circumstances would be prohibited from erecting a sandwich board due to the lack of ownership of sufficient frontage, may place a sandwich board sign within the public right-of-way between May 1 and October 31 of each year during business hours. Said sign cannot be wider than 1/3 the width of the sidewalk in front of the business and shall be erected in such a place and in such a fashion as to make it as unobtrusive as possible for pedestrian traffic. The Villages shall retain the right to request movement of the sign if it determines that the sign was not erected in such a fashion and that a different placement would provide less obstruction to pedestrian traffic. The business must file with the Village Clerk a certificate of insurance, annually, naming the Village as an additional insured, certifying that the applicant has obtained, from a responsible and reputable company, a policy of public liability insurance with limits of $1,000,000 per occurrence/$2,000,000 annual aggregate, for personal injury and property damage combined, covering any claim, demand or action for damages, either to person(s) or property, which may arise out of the placement of the sign within the right-of-way.
W.
Limited signs.
(1)
Signs and notices advertising an open house, garage sale or similar event may be placed no more than five days prior to the event and must be removed within three days of the conclusion of the event. These signs must be placed on the property where the open house, garage sale or similar event is being held.
(2)
Signs or notices advertising events or activities of churches or other not-for-profit organizations may be placed no more than 15 days prior to the event and must be removed within three days of the conclusion of the event. These signs must be placed on the property where the event or activity is being held or on a commercially zoned property.
§ 300-52.4 Permitted signs.
The Table of Sign Regulations, located in Table 52-1,[1] lists the requirements for different types of permitted signs that might be proposed for installation in the Town and Villages. The table addresses each type of sign by zoning category, listing whether each sign type is permitted in each zone, the number of signs permitted per site, and the information on sign size, setbacks, and lighting requirements.
[1]
Editor's Note: Table 52-1, Table of Sign Regulations is on file in the Village offices.
§ 300-52.5 Prohibited signs.
The following types of signs are prohibited:
A.
Any sign for which no permit was issued or for which a permit has been revoked;
B.
Any sign that has been abandoned/obsolete or is not properly maintained, considered structurally unsound, hazardous or otherwise unsafe;
C.
Any sign that contains words or pictures of an obscene or pornographic nature;
D.
Any sign that emits audible sounds, odor, or visible matter;
E.
Any sign that may be confused with a traffic control sign, signal or device or the light of an emergency or road equipment vehicle or bears the words "stop" "go slow," "caution," "danger," "warning" or other similar words or hides from view any traffic or street sign, signal or device;
F.
Signs that interfere with official traffic lights or traffic control devices;
H.
Any sign with unshielded lighting devices or reflectors placed to outline or provide the background of a sign;
I.
Animated signs;
J.
Signs with mirrors;
K.
Permanent banner, pennant, windblown or inflated signs. These may be permitted as a temporary sign to communicate the opening of a new business for a total of 10 days;
L.
Any portable sign attached to or placed on an unregistered vehicle parked on private property for the primary purpose of being viewed by motorists within the right-of-way;
M.
Pennants, not affixed to the face of a building; and
N.
Any sign placed on a curb, sidewalk, hydrant, utility pole, trees or other objects located on or over any street unless otherwise permitted.
O.
Full motion or video signs.
§ 300-52.6 Specific provisions by zoning category.
(See Table of Sign Regulations, for sign allowances.[1])
A.
Residential districts.
(1)
Signs advertising for public, quasi-public, nonprofit, church, schools, hospital or other similar uses shall be located on the same premises as the use.
(2)
Project identification signs for large, multi-unit developments shall be permitted for a period not to exceed five years or whenever all the lots have been sold, whichever occurs first.
B.
Nonresidential districts.
(1)
Two signs per use are permitted for a single business or industry. Where contiguous businesses or industries are located on a single lot, such as, but not limited to, industrial centers, or business parks, each business or industry shall be permitted two signs and the lot may be permitted one sign.
(2)
Maximum areas in the Table of Sign Regulations (Table 52-1) represent the cumulative sign area for all signs on the lot.
(3)
Malls or plazas. Where groups of two or more contiguous stores are located together, one sign per use shall be permitted in addition to a single freestanding sign for the mall or plaza, subject to the Table of Sign Regulations (Table 52-1).
[1]
Editor's Note: The Table of Sign Regulations is included at the end of this chapter.
§ 300-52.7 Construction and design standards.
A.
Design considerations.
(1)
Location.
(a)
All signs must be located on private property and comply with the dimension and setback requirements contained in the Table of Sign Regulations (Table 52-1).
(b)
No sign shall be erected, relocated, or maintained so as to prevent ingress to or egress from any door, window, or fire escape.
(c)
Signs projecting over walkways or sidewalks must have a minimum clearance between the bottom of the sign and the ground of nine feet. Signs projecting over a traffic area, such as a driveway or parking lot aisle must have a minimum clearance between the bottom of the sign and the ground of 15 feet.
(2)
Sign area.
(a)
The area of a sign will include all lettering, wording, and accompanying designs and symbols with the background area, but will not include any supports, framework, or bracing.
(b)
The area of a sign applied to a building will include all lettering, wording and designs/symbols with the background area.
(c)
When a sign consists of individual letters or symbols attached to or painted on a surface, the area will be considered to be the smallest rectangle or other shape that encompasses all letters/symbols.
(d)
When computing the area of a double-face sign, both sides are considered to be a single sign.
(3)
Signs shall be constructed from weather-resistant and durable materials (i.e., metal, lumber/wood, plastic, etc.).
(4)
Wind pressure and load requirements. All signs and other advertising structures shall be designated and constructed to withstand a wind pressure of not less than 30 pounds per square foot.
(5)
Lettering:
(a)
Shall be permanently affixed to the sign; or
(b)
Changeable copy shall be enclosed and locked.
(c)
Digital messages:
[Amended 11-15-2021 by L.L. No. 6-2021]
[1]
Digital messages or graphics are only permitted on monument-style, awning or canopy signs in the General Commercial and Central Business Zoning Districts, upon issuance of a special use permit by the Planning Board. Digital messages are prohibited on all other sign types and in all other zoning districts.
[2]
The message shall change no more than once per day.
[3]
Digital message signs shall not be located within 500 feet of a residentially zoned property as measured along the street line on which the sign is located.
B.
Construction specifications.
(1)
Compliance with the NYS Uniform Code and other applicable codes and regulations;
(2)
Light fixtures and related wiring will comply with the National Electric Code, and all electrified signs shall bear an approved testing laboratory label and all electrical connections shall be approved by an approved inspection agency;
(3)
Transformers, wires, and similar items shall be concealed;
(4)
All wiring to freestanding signs will be underground;
(5)
All signs and related items will be kept in good repair and safe condition;
(6)
A sign may not obstruct a fire escape;
(7)
All signs requiring a permit will display the name and operating telephone number of the person/organization responsible for the sign; and
(8)
No sign shall be located within six feet of an electrical conductor, light pole, streetlamp, traffic light, or other utility pole.
C.
Illumination.
(1)
Light sources shall be shielded to avoid glare/light pollution beyond property lines and to prevent disturbance to motorists;
(2)
No illuminated sign located on a lot adjacent to or across the street from any residential district, zone or use shall be illuminated between the hours of 11:00 p.m. and 7:00 a.m., unless the use to which the sign pertains is open for business during those hours;
(3)
No flashing, rotating, intermittent or moving light sources are permitted; and
(4)
Messages that display the time and temperature can be displayed for not less than four seconds.
E.
Maintenance and removal of signs.
(1)
Maintenance and repair. Every sign shall be maintained in a safe, presentable and good structural condition at all times by the replacement of defective parts, painting, repainting and other acts required for the maintenance of the sign.
(2)
Abandoned signs. Any sign which is located on a property which becomes vacant for a period of three months or more shall be deemed to have been abandoned. Permanent signs applicable to a business temporarily suspended because of a change in ownership or management of the business shall not be deemed abandoned unless the property remains vacant for a period of one year. An abandoned sign is prohibited, and the sign, including all structural support to grade level, shall be removed by the owner of the premises upon which the sign is located.
(3)
Dangerous or defective sign. No person shall maintain or permit to be maintained on any premises one owns any sign which is dangerous or in a defective condition. Any such sign shall be removed or repaired by the owner of the premises.
(4)
Removal of signs.
(a)
The Code Enforcement Officer shall cause to be removed any sign, including all structural support to grade level, that endangers the public safety, such as abandoned, dangerous or defective signs, signs for which no permit has been issued and is required or a sign posted on the public right-of-way or on public property. The Code Enforcement Officer shall prepare a notice which shall describe the sign and specify the violation(s) involved, and which will state, if the sign is not removed or the violation not corrected in a set period of time, the sign shall be removed by the Town or Villages. All notices shall be either personally served or mailed by certified mail.
(b)
For all other signs, the notice shall be mailed to the owner of the property on which the sign is located.
(c)
Notwithstanding the above, in cases of emergency, the Code Enforcement Officer may cause the immediate removal of a dangerous sign without notice. For any sign removed by the Code Enforcement Officer, the cost of the sign removal by the Town or Villages shall be considered a debt owed to the Town or Villages by the owner of the property and may be recovered by an assessment against the property.
§ 300-52.8 Nonconforming signs.
A.
Any sign erected prior to the adoption of this chapter which does not conform to the provisions of this article is permitted to remain as a nonconforming sign, provided that the sign:
§ 300-52.9 Permit exceptions.
The following operations shall not be considered as creating a sign insofar as requiring the issuance of a permit, but the signs shall be in conformance with all other ordinances and regulations of the Town and Villages:
A.
Changing the advertising copy or message of an existing approved painted or printed sign, manually changeable copy sign or similar approved sign, whether illuminated or nonilluminated painted message which are all specifically designed for the use of manually replaceable copy.
B.
Painting, repainting, cleaning or other normal maintenance and repair of a sign not involving structural changes. Replacement of the plastic face will be included as an exempt operation, provided that it is due to a change caused by breakage and/or deterioration of the face, but not for the substitution of a new or different advertiser.
§ 300-52.10 Required permit information.
All applicants for sign permits shall submit the following:
A.
Name, address and telephone number of the applicant.
B.
Location of building or lot to which or upon which the sign is to be attached or erected.
C.
Name of the person, firm, corporation or association erecting the sign.
D.
Two blueprints or ink drawings of the plans and specifications and methods of construction and attachment to the building or the ground.
E.
For signs 150 square feet or more, one copy of stress sheets and calculations showing that the structure is designed for dead load and wind pressure.
F.
If the sign is to be illuminated, the lumens.
G.
Such other information as the Building Official shall require to show full compliance with this chapter and any other ordinance of the Town of Union, Village of Johnson City or village of Endicott, as applicable.
§ 300-52.11 Expiration of permits.
If the work authorized under a sign permit has not been completed within 90 days of issuance, the permit shall become null and void, unless otherwise extended in writing by the Code Enforcement Officer, prior to the original expiration date, for a single ninety-day period.
§ 300-52.12 Permit fees.
The fee for a building permit for any sign requiring a permit is listed in the adopted Fee Schedule for the Town and Villages.
§ 300-52.13 Notice of violations; time for compliance.
If the Code Enforcement Officer or other designated official shall find that any sign is unsafe or insecure or constitutes a menace to the public or has been constructed or erected or is being maintained in violation of this article or applicable ordinances, he or she shall have the owner of said sign cited in violation by written notice. From the date of such written notice or from such date as may be designated, said person in violation shall have 10 days to comply with the requirements of this article or any ordinance.
§ 300-53.1 Residential street setbacks.
Where 50% or more of the aggregate street frontage on one side of a street, as measured 250 feet on each side of the lot and in the same block, is occupied by buildings, and the average street setback of the existing buildings is less than the required minimum street setback, the minimum street setback for any new construction shall be the average setback of the existing buildings located on the lots within 250 feet of the proposed lot to be developed. The measurements shall be made in each direction along the one side of the block.
§ 300-53.2 Minimum lot width at front lot line.
The minimum lot width at the front lot line shall be no less than the greater of half the minimum lot width required by the applicable zoning district or 15 feet.
§ 300-53.3 Future street setbacks.
After the planned right-of-way line for future streets, for future extensions of existing streets or for future street widening (ultimate right-of-way) is established on the Official Map, buildings shall be set back from such street line as though it were a street property line.
§ 300-53.4 Street setback encroachments.
The front setback shall be unobstructed except as provided in this section:
A.
Uncovered landings shall be permitted, provided that they do not extend a distance greater than five feet into the street setback.
B.
An awning or movable canopy shall not project more than 10 feet on a residential building. On a commercial or industrial building, the marquee or awning may project to the street line, provided that there is a clear height under the permitted encroachment of 10 feet.
C.
Eaves, gutters, chimneys and bay windows shall not project more than three feet into the street setback.
D.
Open fire escapes shall not project more than four feet into the street setback.
E.
A gatehouse or watchman's post may be permitted by the Planning Board, as part of site plan review, as an accessory structure to a commercial or industrial use in a designated commercial, industrial or planned unit development district. The gatehouse or watchman's post shall not encroach upon the street property line.
G.
Handicap ramps. Unroofed handicap ramps may extend into the required front yard setback and shall maintain an eight-foot setback from the street property line.
§ 300-53.5 Side and rear setback encroachment.
Within a designated residential district, eaves, chimneys, gutters and bay windows shall not project more than three feet into the side and rear setback.
§ 300-53.6 Obstructions in side and rear yards.
The required side and rear yards, as designated in Part 2 for use and bulk requirements and Article 51 for parking, loading and stacking regulations, shall be unobstructed by any buildings or uses, except for plantings, screening, fencing, driveways and directional signs for the control of traffic within a parking facility.
§ 300-53.7 Side yard setback requirements for commercial and industrial districts.
In order to build on the side property line, as permitted in Part 2 for use and bulk requirements and Article 51 for parking, loading, and stacking regulations, the building shall be of masonry construction, have parapet walls at least two feet above the highest point of the roof surface and be in compliance with the New York State Building Code.
§ 300-53.8 Accessory building height and yard requirements.
A.
Accessory use buildings shall be located to the side or rear of the principal building.
B.
Accessory buildings shall comply with the side yard, rear yard and street setback requirements of the zoning district in which said accessory use is located.
C.
Where 50% or more of the aggregate street frontage on one side of a street, as measured 250 feet on each side of the lot and in the same block, is occupied by buildings, and the average setback of the existing accessory buildings is less than the required minimum setbacks, the minimum street setback for any new accessory building shall be the average setback of the existing buildings located on the lots within 250 feet of the proposed lot to be developed. The measurements shall be made in each direction along the one side of the block.
D.
Where the topography is such that the slope of the land exceeds 15% and, therefore, access to a private garage built back of the front building line as required by this chapter is, in the approving body's opinion, impracticable, it shall be permissible to place such garage, not exceeding 10 feet in height, within the front yard space, but not closer to the front property line than 18 feet. The approving body for this provision is the Planning Board if the project is undergoing site plan review or the Building Official if it is a residential application.
§ 300-53.9 Height exceptions.
A.
No building height limitation contained in this chapter shall restrict the height of the following buildings or structures:
(1)
Barns, silos and other agricultural buildings.
(2)
Church spires, cupolas, domes, belfries and flagpoles.
(3)
Chimneys, elevator or stair bulkheads, water tanks or cooling towers.
(4)
Radio or television antennas, telecommunications facilities, utility transmission lines or cables.
(5)
Passive and active solar equipment, provided that the placement of the equipment does not deprive the adjoining properties of access to solar sky space.
B.
None of the exceptions to the height regulations shall be used for human occupancy.
§ 300-53.10 Distance between buildings on same lot.
A.
Distance between principal buildings. No detached principal building shall be closer to another principal building on the same lot than the average heights of the buildings. For principal buildings set side by side, the distance between the buildings shall be no less than the average heights of the principal buildings or the combined side yard setback of the two buildings as if they were built on separate lots, whichever is less. In residential districts, where the residential units are owned through condominium, cooperative or homeowners' association ownership, the residential unit shall retain all bulk requirements of its appropriate district as if there were lot lines for each unit.
B.
Distance between principal building and accessory building. No accessory building shall be any closer to any principal building or to another accessory building on the same lot than a distance of eight feet. Accessory buildings, other than detached accessory garages, shall be located to the rear of the principal building.
§ 300-53.11 Use of small lots.
Any parcel of land with area or a width less than that prescribed for a lot in the district in which it is located, which at the time of the adoption of this chapter was under one ownership and when the owner thereof owns no adjoining land, may be used as a lot for any purpose permitted in the district, provided that all other regulations prescribed for the district by this chapter are complied with. When two or more adjacent lots are in a single ownership, they shall be considered as being a single lot.
§ 300-53.12 Semiattached and attached residential units.
A.
In order for a residential building to be considered an attached structure, units on both sides of the party wall shall be built simultaneously.
B.
Two-family attached buildings shall have only one party wall with another residential building. The units on both sides of the party wall shall be built simultaneously.
§ 300-53.13 Maximum contiguous single-family attached units.
There shall be no more than 12 contiguous single-family attached residential units.
§ 300-53.14 Visibility at intersections.
On corner lots, no obstruction of vision shall be erected, installed, planted, parked or otherwise placed within the triangular area formed by the intersecting street lines and a straight line adjoining said street lines at points which are 25 feet distant from the point of intersection, measured along said street lines. In such area no shrubbery, nor fences of masonry, wood or other material which creates a solid visual barrier, shall be erected higher than two feet from the accepted street grade of the abutting top of curb, or from the crown of the abutting road, if there is no curbing, nor shall branches or foliage of trees be permitted less than 10 feet from the ground. An open fence of chain link wire, wrought iron, split, rail or other similar material which does not screen or obstruct views, light and air may be permitted in the triangular area, provided that it does not obstruct visibility.
§ 300-53.15 Fences.
A.
Fences shall not be considered structures under this chapter and, as such, may be erected in any district, subject to the provisions of this chapter.
B.
No fence shall be erected or encroach upon a public right-of-way.
C.
Any fence shall have its finished or decorative side facing the adjacent properties. The fence posts and other supporting structures of the fence shall face the interior of the area to be fenced.
D.
The height of all fences shall be measured from the average finished grade of the lot at the base of the fence.
E.
No solid fences over 24 inches in height shall be permitted in the triangular area formed by the intersecting street lines and a straight line joining the street lines at points which are 25 feet in distance from the point of intersection measured along the street lines. Measurement of height shall be from the grade of the abutting top of curb or from the crown of the abutting road, if there is no curbing. Split-rail fences, cyclone fences or other similarly open fences are permitted in the triangular area, provided that they do not create a traffic hazard and block visibility.
F.
Except for animal husbandry, stables, riding academies and kennel uses in an RR District, barbed wire and electrically charged fencing are prohibited. Barbed wire can also be used in nonresidential districts, provided that the barbed wire starts at least six feet in height above the grade.
G.
In residential districts, no fences shall be constructed, established or built in excess of six feet in height, with the exception of tennis or recreation courts which may be 12 feet in height. In nonresidential districts, fences may be constructed, established or built up to 10 feet in height above the average natural grade, provided that they do not create a traffic hazard.
H.
Solid fences shall maintain an eight-foot setback from the street property line or shall be no greater than three feet in height. If the fence is to be located on a corner lot, the provisions of Subsection E of this section shall also apply. Split-rail and similarly open fences are permitted to be placed in the eight-foot street setback, provided that they do not create a traffic hazard or block visibility.
I.
Every fence shall be maintained in a safe, sound and upright condition. No fence shall be erected which will create a safety problem for people using the public right-of-way.
§ 300-53.16 Swimming pools.
A.
Noncommercial aboveground or in-ground swimming pools may be permitted subject to the issuance of a permit by the Code Enforcement Officer, who, when giving such approval, shall certify that the following regulations are complied with:
(1)
All swimming pools shall meet the minimum side and rear yard requirements of the district in which they are located.
B.
Safeguards: aboveground pool. Any artificial pool or structure intended for wading, bathing or swimming purposes which is so constructed as to be above grade and which has a ladder or steps in order to obtain access to said pool shall be subject to the requirements that whenever said pool is not attended by a person of suitable age, that said steps or ladder to obtain access to said pool shall be removed, raised or screened so that a person may not gain access to said pool.
C.
Any aboveground swimming pool whose structure is less than four feet in height must be safeguarded with a permanent protective fence, said fence to be installed so as to encompass the entire perimeter of the swimming pool. Said fence shall be structurally sound, durable and must be maintained in such a condition. Said fence shall be a minimum of 48 inches in height and shall be of wooden or metal construction. All openings in said fence shall be so constructed as to prohibit the passage of a two-inch-diameter sphere. The entrance gate or gates shall have a self-latching device and, except for ingress and egress to and from the swimming pool area, must be kept closed at all times.
D.
Safeguards: in-ground pool. No person or persons, association or corporation shall maintain an in-ground swimming pool, as defined herein, without first safeguarding such swimming pool with a permanent protective fence, said fence to be installed so as to encompass the entire perimeter of the swimming pool. Said fence shall be structurally sound, durable and must be maintained in such condition. Said fence shall be a minimum of 48 inches in height. All openings in said fence shall be so constructed as to prohibit the passage of a two-inch-diameter sphere. The entrance gate or gates shall have a self-latching device and, except for ingress and egress to and from the swimming pool area, must be kept closed at all times.
§ 300-54.1 Intent.
The following standards are intended to implement the Town and Villages long-term planning goals by assuring an acceptable degree of buffering between land uses, particularly between residential and nonresidential uses, including agricultural operations, providing a balance between developed uses and open space, enhancing the visual and aesthetic appearance of the community and encouraging preservation of existing natural features. Specifically, these regulations are intended to:
A.
Provide natural visual screening of parking areas and along property boundaries to protect the existing visual quality of adjacent lands.
B.
Reduce surface runoff and minimize soil erosion through the natural filtering capability of landscaped areas.
C.
Provide natural buffers that reduce glare and noise, provide wildlife corridors and protect wildlife habitats, wetlands, stream corridors and other significant environmental features.
D.
Moderate the microclimate of parking areas by providing shade, absorbing reflected heat from paved surfaces and creating natural wind breaks.
E.
Enhance the overall visual quality of the community by surrounding developed areas with a variety of plant materials that are consistent and compatible with the existing natural vegetation of the area.
§ 300-54.2 General requirements.
A.
Development activities requiring site plan approval shall submit, as part of such approval, a landscaping plan in accordance with Article 54 of this chapter. This shall include, but not be limited to, commercial, retail, industrial, multifamily residential, and institutional uses.
B.
Existing site vegetation and unique site features, such as stone walls, shall be incorporated into landscaping plans to the maximum extent feasible. Existing healthy trees which are retained shall be credited against the requirements of these regulations in accordance with their size and location.
C.
The issuance of a certificate of occupancy shall require completion of lot grading, seeding and required landscaping, or posting of a performance guaranty acceptable to the Code Enforcement Officer if the applicant cannot perform the work due to seasonable impracticalities. In this case, all landscaping work shall be completed by June 30th of the year following the issuance of the certificate of occupancy.
D.
All required landscaping shall be of healthy stock and planted according to accepted horticultural practices. Landscaping plans may also include a landscape maintenance plan as required in Article 54 to clearly indicate who is responsible for plant maintenance during the first 24 months after planting, and a performance guaranty may be posted for assuring replacement in kinds of plants which die or become diseased within that time at the Planning Board discretion.
E.
All required landscaping shall be maintained in healthy condition by the property owner. Failure to maintain such landscaping or to replace dead or diseased landscaping required by this chapter shall constitute a violation of these regulations.
F.
Where existing conditions make compliance with these regulations not feasible, the Planning Board, at its discretion, may approve planters, plant boxes or pots containing trees, shrubs and/or flowers to comply with the intent of these regulations.
G.
Trees for screening shall be of species and stock that will provide a visual screen from the ground up, at least five feet in height. Species adequate for the Town and Village can be determined by a registered landscape architect, landscape consultant, or other professionals or using resources such as the National Arbor Day Foundation or the local Cornell Cooperative Extension.
H.
Trees shall have minimum caliper of two inches at the time of planting. Shrubs shall have a minimum height of two feet at the time of planting.
I.
Pedestrian access to sidewalks or buildings should be considered in the design of all landscaped areas.
§ 300-54.3 Landscaping standards.
All plant materials must conform to the most current edition of the American Nursery and Landscape Association's American Standard for Nursery Stock (ANSI Z60.1 — 2004). Applicants are required to design and install landscaping that shall be tolerant of typical environmental conditions of this region (USDA Hardiness Zone 5). Proper trees shall be chosen where any height restrictions (i.e. power lines) exist to minimize conflicts and improper pruning techniques.
A.
Perimeter landscaping. Landscaping shall be required along the perimeter of projects, or within the required setbacks, and shall be provided except where driveways or other openings may be required. The Planning Board may consider alternatives to the location of landscaping materials, based on the existing character of the neighborhood. For large development projects such as shopping centers, perimeter landscaping shall apply to the full perimeter of the project, and not to internal property lines. The linear feet guidelines below are to be used to calculate the number of required plantings; they do not require that plantings be uniformly spaced. Rather, grouping of plants consistent with accepted landscape practice is encouraged. Specific requirements are as follows:
B.
Parking areas. Parking lots containing 20 or more spaces shall be internally landscaped so as to provide shade and screening and in order to facilitate the safe and efficient movement of traffic. The area designated as required setbacks shall not be included as part of the required landscaping. Plantings shall be spaced and grouped consistent with accepted nursery standards, and shall not be located in a manner that impedes driver visibility. Specific requirements are as follows:
(1)
A landscaped buffer at least 10 feet in width must be provided between a parking lot and the public rights-of-way. In traditional village settings, this distance may be reduced to be consistent with existing setbacks;
(2)
Shade trees shall be planted along the frontage, parallel to the frontage road with a spacing not to exceed 40 feet or consistent with existing tree spacing on neighboring lots when present;
(3)
A minimum of one landscaped island, at least 200 square feet in size, shall be provided for every 20 parking spaces contained within each single row of parking. Islands shall be planted with trees and shrubs with a minimum of one tree per 20 parking spaces;
(4)
End islands shall be required for all parking configurations entirely surrounded by drive aisles, provided that such configurations contain more than five spaces in a single row and 10 spaces in a double row. End islands shall completely separate the parking spaces from the drive aisle;
(5)
Landscaped parking lot medians, a minimum of 10 feet in width, shall be used to completely separate driveway entrance aisles from parking areas;
(6)
Landscaped areas shall contain no less than eight feet in average width;
(7)
Trees and shrubs located within or adjacent to paved areas shall be salt tolerant;
(8)
All plant material adjacent to parking areas, loading areas, and driveways shall be protected by barriers, curbs, or other means to prevent damage from vehicles.
(9)
All landscaped areas shall be planted with vegetative ground cover or shall be mulched, so that no bare ground exists; and
(10)
Plantings shall present a clear view of any driving lane within 15 feet.
C.
Screening. To reduce headlight glare from parked vehicles, lighting from a parking or loading area, as well as reduce noise and airborne particles, the following standards are provided for parking areas, loading areas, drive-through lanes, and maneuvering areas.
(1)
A landscaped barrier at least 10 feet in width shall be provided to screen vehicular activity.
(2)
If there is insufficient space to accommodate a ten-foot landscaped area, the Planning Board may allow screening to consist of a wall, fence, berm, hedge, or other plant materials or combinations thereof no less than five feet high.
(3)
Minimum screening requirements shall also be provided, but not limited to, the following situations:
(a)
Multifamily dwellings abutting single-family or two-family dwellings.
(b)
Commercial, industrial, and institutional uses abutting single-family and two-family residential uses.
(c)
Manufactured home communities abutting a public right-of-way, single-family or two-family use.
(e)
New residential development adjacent to active farm operations or vacant, open fields that contain prime agricultural soils.
§ 300-54.4 Landscaping plan.
A.
The Planning Board may determine that the landscaping plan must be prepared by a licensed landscape architect, landscape designer or other professional. All landscaping plans shall contain the following information:
(1)
A title block with the name of the project, the name of the person preparing the plan, a scale, North arrow and date.
(2)
All existing, significant plant materials on the site.
(3)
Existing and proposed structures.
(4)
Topographical contours at two-foot intervals.
(5)
Drainage patterns.
(6)
Location, size and description of all landscape materials existing and proposed, including all trees and shrubs, and shall identify those existing plant materials that are to be protected or removed.
(7)
Landscaping of parking areas, access aisles, entrances, common open areas, recreation areas, and perimeter buffer areas.
(8)
Other information as may be required by the Code Enforcement Officer and/or the Planning Board.
B.
Alternative landscaping plans may be submitted, provided that they meet the purpose and intent of these regulations.
§ 300-54.5 Landscaping maintenance.
A landscape maintenance agreement shall be required and executed prior to the issuance of a certificate of occupancy for commercial, industrial, multifamily residential and institutional uses. The agreement shall ensure the long-term care of the landscape, making the property owner and/or lessee responsible for maintaining the quality of all plant material, non-plant landscaping, and irrigation systems used in conjunction with the landscaping. Improper maintenance shall be determined through periodic inspection by the Code Enforcement Officer.
A.
Maintenance shall include, but not be limited to, watering, weeding, mowing (including trimming at the base of fencing), fertilizing, mulching, proper pruning, and removal and replacement of dead or diseased trees and shrubs on a regular basis.
B.
All landscaping and plant material that is missing, dead, decaying, or injured as of September 30 shall be replaced by June 30 of the following year at the owner's expense. The replacement shall be of the same species and size unless otherwise approved.
C.
Irrigation systems shall be designed to minimize spray on buildings, neighboring properties, roads or sidewalks; maintained in proper operating condition and conserve water to the greatest extent feasible through proper watering techniques.
§ 300-54.6 Screened dumpster or service area requirements.
In any district, all areas designated, used or intended to be used as dumpster or service areas for any building or land use, other than one-family and two-family dwelling units, shall be screened from view with either a wall, a solid fence or a combination of fencing and evergreens creating a solid visual barrier to a height of at least five feet above grade level on all sides where the adjacent land is in a residential district or a residential use.
§ 300-55.1 Intent.
The purpose of this section is to establish regulations to allow for outdoor illumination levels which are appropriate for the use, while promoting safety and security, and minimizing the undesirable side effects of excessive illumination such as glare, light trespass, and light pollution. Over time, it is the intent that this section will allow for reasonably uniform illumination levels in the community.
§ 300-55.2 Applicability.
This regulation shall apply to all new outdoor lighting fixtures, the expansion and alteration of existing fixtures, as well as the replacement of lighting fixtures, except any repair or maintenance.
§ 300-55.3 Approvals required.
For uses which require a site plan review, the Planning Board may require a lighting site plan to be submitted showing the location, number, type/style, mounting height, and lighting levels produced on the ground (i.e., photometric report). All other uses shall conform to the general requirements contained herein.
§ 300-55.4 General requirements/standards.
A.
All outdoor lighting fixtures shall be shielded or otherwise contained on the property from which it originates (known as "light trespass limitations").
B.
Exterior lighting fixtures on commercial, industrial, institutional, and multifamily properties shall conform to the Illuminating Engineer Society of North America (IESNA) criteria for full cutoff fixtures. In addition, the lighting levels shall be designed to meet the minimum requirements of the latest recommended levels set forth by IESNA. Where no standard from IESNA exists, the Planning Board shall determine the appropriate level, taking into account levels for the closest IESNA activity.
C.
To minimize the indiscriminate use of illumination, lighting, except as required for security, shall be extinguished during nonoperating hours. Where practicable, lighting installations are encouraged to include timers, sensors, and dimmers to reduce energy consumption and unnecessary lighting.
§ 300-55.5 Specific requirements/standards.
A.
Parking lots. Parking lots shall not exceed light levels necessary for safety and for locating vehicles at night. The lighting plan shall be designed so that the parking lot is lit from the outside perimeter inward and/or incorporate design features with the intent of eliminating off-site light spillage.
B.
Canopy and roof overhang. Lights installed on canopies or roof overhangs shall be recessed so that the lens cover is flush with the bottom surface of the canopy or overhang. Lights shall not be mounted on the sides or top of the canopy or overhang.
C.
Outdoor signs. Lighting fixtures used to illuminate an outdoor sign shall be mounted on the top of the sign and shall be shielded or directed in such a way that the light illuminates the sign only. Internal illumination of a sign shall be concealed behind opaque, translucent, or other similar types of glass or plastic.
D.
Bottom-mounted or up-lighting. To comply with "dark skies" and minimize unnecessary lighting, up-lighting shall be only allowed for flagpoles that display federal, state, and/or local government flags only, provided that the illumination is directed onto the flagpole only.
E.
Security cameras. Facilities which employ security cameras may employ appropriate lighting to ensure proper function during all times when such cameras are in use.
§ 300-55.6 Exemptions.
The following types of outdoor lighting are exempt from this regulation unless otherwise specified:
A.
Street lighting installed by the Town or Villages, Broome County Highway Department, or the New York State Department of Transportation.
B.
Low-voltage lighting as defined by the National Electric Code (NEC).
C.
Holiday lighting.
D.
Temporary construction and emergency lighting needed by police, emergency or highway crews, provided the light is extinguished upon completion of the work.
E.
Hazard warning lights required by a federal or state regulatory agency, except that all fixtures used must be as close as possible to the federally required minimum output.
F.
Lighting associated with farm or agricultural operations. However, farm or agricultural operations within 100 feet of an adjacent residential dwelling shall be shielded to prevent light trespass onto the adjoining property.
§ 300-55.7 Prohibited lighting.
§ 300-56.1 Purpose.
The nonresidential design guidelines and standards are established for commercial and industrial areas outside of the Central Business Districts. The guidelines and standards, through the review and regulation of design characteristics, preserve and promote the unique character of the Town and Villages. The guidelines and standards are intended to encourage lively, pedestrian-friendly and attractive streetscapes where local residents and visitors enjoy walking, biking, driving and shopping.
§ 300-56.2 General building design.
A.
The massing and proportion of new front facades shall relate to the proportion of surrounding buildings.
B.
New construction shall respect existing building widths by providing a horizontal division of the facade into visible building increments no larger than the average width of existing buildings in the corridor. Facades may be subdivided through the use of window patterns, slightly projecting bays, pilasters, or other elements.
C.
To the maximum extent practical, all roof-mounted mechanical equipment shall be screened from view or isolated so as not to be visible from any public right-of-way or residential district within 150 feet of the subject lot, measured from a point five feet above grade.
D.
Alternative energy sources, such as solar panels or shingles, are encouraged and should be incorporated into the design of the building so as not to detract from the overall design.
E.
Developers and builders are encouraged to utilize roofing materials that reflect sunlight (i.e., lighter colors) or incorporate vegetated roofing on at least 50% of the roof area. Methods such as these decrease heating and cooling needs on a building by reflecting sunlight rather than absorbing it.
§ 300-56.3 Facades.
A.
Exterior building walls facing streets or pedestrian walkways shall include windows, building entrances and other architectural features to create an interesting streetscape and comfortable pedestrian realm. Appropriate facade articulation includes the use of bays, insets, balconies, porches, or stoops related to entrances and windows.
B.
Along street facades, all new industrial construction shall provide areas of transparency equal to 20% of the wall area and all new commercial construction shall provide areas of transparency equal to 40% of the wall area. The use of mirrored or tinted glass with light transmittance of less than 40% is prohibited.
C.
Along street facades, all exterior building walls and structures shall be constructed with durable materials, such as masonry, stone, brick, finished wood, cement fiber clapboard, stucco or glass. Evidence should be submitted that demonstrates that the exterior building material has sufficient impact resistance at the pedestrian level to withstand normal wear.
D.
No more than three exterior building materials shall be used on any one side of a building.
E.
Changes in materials shall occur at inside corners. Material changes at the outside corners or in a plane shall be avoided.
F.
On corner lots, the primary facade of commercial buildings shall be oriented to face the principal street rather than side streets.
G.
The front facade and main entrance shall face a public street and shall have a direct pedestrian connection to the street.
§ 300-56.4 Transitions to residential uses.
All commercial and industrial development shall employ building and site design standards to ensure compatibility with adjacent residential development. To the maximum extent practicable, commercial and industrial development shall employ a minimum of four of the following techniques when developed adjacent to a residential use:
A.
Use similar building setback.
B.
Use similar building height.
C.
Use similar roof form.
D.
Use similar exterior materials.
E.
Mitigate the larger mass of commercial buildings with facade articulation.
F.
Provide green/open space.
(1)
Use small green spaces, courts, squares, parks, plazas, and similar spaces.
(2)
Use existing natural features as transitions, including natural differences in topography (not retaining walls), streams, existing stands of trees, and similar features. When existing natural features are used as transitions, the Town or Villages may still require that adequate pedestrian connections to adjacent land uses be accommodated.
§ 300-57.1 Applicability.
These standards and guidelines shall be applied to nonresidential development in the Central Business District of the Villages.
§ 300-57.2 Building scale and location.
A.
New construction shall have a maximum setback of zero to five feet from the public right-of-way. Relief from this provision may be provided for pedestrian amenities, such as recessed entries or chamfered corners.
B.
New construction shall extend to both side property lines.
C.
New construction shall be or appear to be two stories in height and no greater than three stories in height.
D.
New construction or remodeling shall incorporate a roof form which reflects the adjacent late 19th or early 20th century buildings. Flat roof slopes shall slope to the back and will have a decorative cornice at the top of the building. Peaked or gable roofs shall have significant overhangs and decorative brackets are encouraged.
E.
Entry points shall be located to afford direct access from the sidewalk. Corner buildings may have two separate entry points or a single entry point at the corner.
F.
All of the facades of the building which face a public street shall be architecturally consistent (i.e., building materials, style, etc.) with each other.
§ 300-57.3 Facades.
A.
Building facades shall reflect the late 19th or early 20th century style of the Villages.
B.
The pedestrian zone (two feet to eight feet above the sidewalk) shall have a minimum of 60% clear glass. Opaque or heavily tinted glass is not permitted.
C.
The pedestrian zone should not be obscured to allow visual access to the interior of the building. Displays that allow visual access of a minimum of three feet into the building (excluding window treatments such as curtains or blinds) shall be permitted.
D.
A minimum of 25% of the facade for the upper floor shall incorporate transparent glass openings.
E.
Existing windows shall not be covered up or changed in size unless the proposed change is part of an effort to restore the original appearance of the building.
F.
No external security devices (coiling shutters, accordion gates, etc.) shall be utilized. Alternative security systems, such as lighting, alarms, and interior barriers, are to be used when necessary.
G.
A visual separation shall be provided between the first and second story of a building. This element may consist of decorative trim, awnings, or a change of material that creates added relief in order to add a shadow line that delineates the end of the first story.
H.
Large buildings, greater than 40 feet in width, shall be designed to look like multiple smaller buildings.
§ 300-57.4 Materials.
A.
All new construction or remodeling that is visible from the public right-of-way shall utilize materials that appear to be smaller in scale, such as brick or clapboard. Larger-scale materials, such as concrete block, shall be limited to the rear of the building.
B.
Brick selected for new construction or renovation shall reflect the surrounding late 19th or early 20th century buildings.
C.
Vertical siding is permissible if it reflects the late 19th or early 20th century style architecture.
D.
All wood shall be finished using either stain or paint. All metal shall be colored; clear coated aluminum or stainless steel is not permitted unless it already exists.
§ 300-57.5 Awnings, doors, and windows.
A.
Awnings shall be consistent with materials used in the late 19th or early 20th century (i.e., canvas, wood, etc.).
B.
If awnings are placed on a facade, they shall be consistent with the shape of the window that they are located over. For example, an awning placed over an arched window shall be arched and an awning placed over a rectangular window shall be a flat-topped awning.
C.
Awnings shall have a triangular or curved profile.
D.
Awnings may not be backlit.
E.
Doors should allow visual access to the interior of the building. If the door is solid, it shall be multi-panel. All doors shall be painted or stained to accent the building.
§ 300-57.6 Signage.
These following requirements are intended to augment the sign regulations outlined in Article 52. In cases where there are conflicting requirements, this section shall take precedence.
A.
Signage must be located in a manner that creates a pedestrian-friendly atmosphere. Methods to be encouraged are: attached to the facade of the building, hanging signs suspended above the sidewalk, or placement on an awning.
B.
The size and location of the signs should respect the architectural elements of the building.
C.
Signs painted or posted on the interior of storefront windows should not obstruct visual access to the interior of the building.
D.
Temporary signs should be designed and placed in a manner that does not obscure visual access to the interior of the building.
E.
Pole signs are prohibited within the CB District. Detached signs shall consist of a monument sign no taller than five feet in height and constructed using materials that are consistent with § 300-57.4.
F.
Perpendicular signs are permitted. Perpendicular sign shall not project more than five feet from the facade of the building to which it is attached. There must be a minimum of nine feet of clearance between the bottom of the sign and the sidewalk. The maximum size of a perpendicular sign is 16 square feet.
G.
Sandwich board signs are permitted within the CB District if they meet the following requirements:
(1)
The maximum size of a sandwich board sign may not exceed six square feet per side.
(2)
The sign must be removed and stored in an area not visible from the public right-of-way during nonbusiness hours.
(3)
Sandwich board type signs should be consistent (colors, graphics, etc.) with the building-mounted signs.
(4)
The business owner must have an insurance policy that includes the sandwich board sign.
§ 300-57.7 Additional requirements.
A.
The demolition of any structure within the CB District is considered an unlisted action under SEQR. Site plan approval of a proposed redevelopment plan for the property must be obtained prior to the issuance of a demolition permit. Relief from this provision may be granted by the Village Board of Trustees if the structure is deemed to be a safety hazard by the Code Enforcement Officer.
B.
Drive-through facilities must be in conjunction with a permitted use. Stand-alone drive-through facilities are prohibited.
C.
A drive-through facility must be placed to the rear of the structure in order to ensure that its presence does not obstruct pedestrian access to the building and along the public right-of-way. A detached facility may be used to accomplish this.