Greenville City Zoning Code
ARTICLE VII
Supplementary Regulations for All Uses
§ 205-21 Provisions subject to regulations.
The provisions of this chapter regulating all uses shall be subject to such exceptions, additions or modifications as herein provided by the following supplementary regulations.
§ 205-22 Rights-of-way not part of lot.
In calculating the required lot area, lot width, depth or yards, rights-of-way shown on the Official Map, if any, shall not be considered as part of the required area.
§ 205-23 Signs.
A.
Effect. No sign, billboard, advertising display or structure, poster or device shall be erected, moved, enlarged or reconstructed except as expressly permitted in this chapter. Review of signing is part of site plan review.
B.
Rural residential and conservation districts.
(1)
One indirectly illuminated name plate or professional sign with an area not to exceed two square feet.
(2)
One temporary nonilluminated sign per frontage road advertising the sale or rental of the premises on which such sign is located with an area not to exceed four square feet.
(3)
One directly illuminated identification sign or bulletin board for school, churches, and other public and semipublic institutions with an area not to exceed 32 square feet and located not closer than 15 feet to any street line.
C.
CMU District.
(1)
Nonflashing business signs related to an establishment located on the same lot, provided:
(a)
Illumination shall be diffused or indirect and shall be arranged so as to not reflect direct rays of light into adjacent residential districts or the public way.
(b)
The number of square feet of the gross surface area of all signs on a lot shall not exceed two times the number of lineal feet in the frontage of the lot. Each side of a building which abuts upon more than one street shall be considered as separate frontage.
(c)
No sign shall project more than 18 inches from the wall to which it is applied.
(d)
There may be not more than one freestanding sign, located not less than 40 feet from the public right-of-way, fronting each abutting street.
(2)
One directly illuminated identification sign or bulletin board for school, churches, and other public and semipublic institutions with an area not to exceed 32 square feet and located not closer than 15 feet to any street line.
D.
Prohibition. The following types of signs or artificial lighting are prohibited:
(1)
Billboards.
(2)
Flashing signs, including any sign or device on which the artificial light is not maintained stationary and constant in intensity and color at all times when in use.
(3)
Signs which project over a public street.
(4)
Signs which compete for attention with or may be mistaken for a traffic signal.
(5)
The outlining by direct illumination of all or any part of a building, such as a gable, roof, side, wall or corner.
(6)
Rotating signs, including all signs and devices which are not permanent in their orientation.
E.
Temporary real estate signs. Temporary real estate signs are permitted for each subdivision receiving preliminary plat approval by the Town Board.
(1)
One such sign may be located on each existing Town, County, state highway or street on which the subdivision fronts. Said sign(s) shall be permitted only during the period of active sales, and in no case longer than one year from the date of preliminary approval. The Planning Board may extend this period up to one additional year whenever it deems that the circumstances warrant such extension.
(2)
Each such sign shall not exceed 10 feet in height (measured from the ground level to the top of the sign) and shall not be located nearer than 10 feet to any street or lot line or any building (unless attached directly to the building). The total area of each sign shall not exceed 20 square feet.
(3)
For the purpose of selling land or buildings for which subdivision approval is not required, one sign may be permitted on the subject lot, such sign not to exceed four square feet. Said sign shall be removed promptly upon the conclusion of the sale.
§ 205-24 Off-street parking; storage of vehicles.
A.
Permitted accessory use. Off-street parking spaces, open or enclosed, are permitted accessory to any use, subject to the provision of this section.
B.
Schedule of requirements. Accessory off-street parking spaces, open or enclosed, shall be provided for any lot as specified in the schedule of requirements in Subsection L below for each use in any district. Any land which is developed as a unit under single ownership and control shall be considered a single lot for the purpose of these regulations.
C.
Areas computed as parking spaces. Areas which may be computed as open or enclosed off-street parking spaces include any private garage, carport or other area available for parking, other than street or driveway. However, a driveway within a required front yard for a one-family or two-family residence may count as one parking space, other than on a corner lot as provided in § 205-12.
D.
Size of space. Three hundred square feet shall be considered one parking space (to provide room for standing area and aisles for maneuvering). Entrance and exit roadways shall not be computed as parking space except for one-family and two-family residences as in Subsection C above. The minimum stall width shall be 10 feet, and the minimum length shall be 20 feet.
E.
Access. Unobstructed access to and from a street shall be provided. Such access shall consist of at least one ten-foot lane for parking areas with fewer than 20 spaces, and at least two ten-foot lanes for parking areas with 20 spaces or more.
F.
Drainage and surfacing. All open parking areas shall be properly drained, and all such areas of over 10 spaces shall be provided with a suitable surface as specified by the Town Engineer, except for parking accessory to a one-family or two-family residence.
G.
Landscaping. In parking lots of one acre or more, at least 5% of the area of parking lot shall be devoted to landscaping within the interior of the parking area. In all parking lots providing eight or more off-street parking spaces, one shade tree shall be planted for each eight parking spaces and any additional portion thereof, said tree(s) to be planted in median dividers, islands or such other locations as may be determined by the Planning Board.
H.
Joint facilities. Required parking spaces, open or enclosed, may be provided in spaces designed to serve jointly two or more establishments, whether or not located on the same lot, provided that the number of required spaces in such joint facilities shall not be less than the total required for all such establishments.
I.
Screening from residential uses.
(1)
Whenever a parking lot of five stalls or more abuts the side or rear lot line of a lot in a residence district, or any lot in residential use, said parking lot shall be screened from such adjoining lot by a substantial wall or fence or thick hedge with a height of not less than three feet at the time of planting and pruned to a height of not less than 6 1/2 feet.
(2)
Wherever a parking lot is located across the street from land in any residence district or any land in residential use, it shall be screened from the view of such land by a thick hedge located along a line drawn parallel to the street and a distance of five feet therefrom, such hedge to be interrupted only at points of ingress and egress. The open area between such hedge and the street shall be landscaped in harmony with the landscaping prevailing on neighboring properties fronting on the same street.
J.
Trailers (camping or travel), motor homes and boats.
(1)
The storage, parking or use of camping or travel trailers is hereby prohibited in all districts except that:
(a)
One camping or travel trailer may be stored, but not used for any purpose on an occupied lot (or an adjacent unoccupied lot, if both lots are under common ownership).
(b)
Said camping or travel trailer shall not exceed 38 feet in length.
(c)
Said camping or travel trailer shall not be located between the street line and the principal building and shall conform to side and rear yard requirements governing accessory uses.
(d)
For the purpose of these regulations, motor homes shall be considered as travel trailers.
(e)
No commercial vehicles in excess of 18,000 pounds gross vehicle weight (GVW) owned or operated by a resident shall be located in Conservation or Rural Residential Zones.
(2)
Not more than one boat may be stored in the open on an occupied lot (or on an adjacent unoccupied lot, if both lots are under common ownership) in a residential area, provided that such boat is not stored between the street line and the principal building, and that such boat shall conform to side and rear yard requirements governing accessory use.
K.
Driveways. No driveway shall provide access to a lot located in another district, which lot is used for any use prohibited in the district in which such driveway is located.
L.
Schedule of requirements. Accessory off-street parking spaces, open or enclosed, shall be provided for any lot as specified below for each use in any district. Any land which is developed as a unit under single ownership and control shall be considered a single lot for the purpose of those regulations:
Use | Minimum Parking Spaces Required |
|---|---|
Places of worship, libraries, annual membership clubs, lodges and other public buildings | 1 for each 200 square feet of floor area, but not less than 1 space for each 5 seats where provided |
Golf courses and other country clubs | 1 for each 2 members or accommodations (such as lockers), whichever is greater |
Hospitals, sanitaria, philanthropic or eleemosynary institutions | 2 for 3 beds |
Boardinghouses | 1 for each guest room |
Eating and drinking | 1 per 50 square feet of area available to patrons |
Funeral homes | 1 for every 2 employees, plus 3 persons accommodated at capacity |
Hotels, motels, residential resorts | 1 for each guest room plus 1 per 2 employees on site at any 1 time |
Bowling alleys | 4 for each alley |
Home occupation or accessory professional office, except physicians and dentists | 1 per 100 square feet of floor area devoted to use |
Professional office of physicians and dentists | 5 for each physician or dentist |
All other residences | 2 per dwelling unit |
Light industry, research laboratory, office building or warehouses | 1 for every 400 square feet of floor area or 1 1/2 employees (whichever is greater) |
Travel trailer camp | 1 per trailer space |
Nursery school | 1 for 10 students plus 1 per staff member |
Golf driving range | 1 per golf driving tee |
Retail stores; produce stands | 1 per 150 square feet of retail floor space |
Auditorium, convention hall, gymnasium, theater, studio or other place public assembly not otherwise classified | 1 for each 3 seats or 40 square feet of seating floor area where fixed seating is not provided |
School, elementary | 1 for each 1/2 classroom, plus one space for each 5 seats in any auditorium or other place of assembly |
School, secondary | 1 for each 1/4 classroom, plus one space for each 5 seats in any auditorium or other place of assembly |
M.
Reasonable and appropriate off-street parking requirements for structures and uses which do not fall within the categories listed above shall be determined by the Planning Board upon consideration of all factors entering into the parking needs of each use.
§ 205-25 Off-street loading berths.
A.
Permitted accessory use. Off-street loading berths, open or enclosed, are permitted accessory to any use, except residences for one or two families. However, no off-street loading berth shall be located in a front yard.
B.
Uses for which required. Accessory open or enclosed off-street loading berths shall be provided for any lot or any other use specified in the Use and Bulk Tables.[1] Any land which is developed as a unit under a single ownership and control shall be considered a single lot for the purposes of such requirements.
[1]
Editor's Note: Said Use and Bulk Tables are included as an attachment to this chapter.
C.
Size, location and access. Each required loading berth shall be at least 12 feet wide, 33 feet long (48 feet long for industrial purposes) and 14 feet high. Unobstructed access, at least 10 feet wide, to and from a street shall be provided. Such access may be combined with access to a parking lot. A berth may be located either within a building or in the open, but not within required yards. If such berths are not enclosed they shall be located not fewer than 300 feet from any residential use and effectively screened therefrom as in the case of parking areas (§ 205-24I). All permitted or required loading berths shall be on the same lot as the use to which they are necessary, except as provided in Subsection D below.
D.
Joint facilities. Permitted or required loading berths, open or enclosed, may be provided in spaces designed to serve jointly two or more adjacent establishments, provided that the number of required berths in such joint facilities shall not be less than the total required for all such requirements.
E.
Uses for which required. Accessory off-street loading berths shall be provided for any use specified below. Any land which is developed as a unit under single ownership and control shall be considered a single lot for the purpose of these loading requirements. The following spaces shall be required:
(1)
For a public library, museum, art gallery or similar quasi-public institution or governmental building, community center, hospital or sanitarium, nursing or convalescent home, institution for children or the aged or school, with floor area of 10,000 square feet: one berth; for each additional 25,000 square feet or fraction thereof: one additional berth.
(2)
For buildings with professional, governmental or business offices or laboratory establishments, with a first floor of 10,000 to 25,000 square feet: one berth; for each additional 25,000 square feet or fraction thereof, up to 100,000 square feet: one additional berth; and for each additional 50,000 square feet or fraction thereof: one additional berth.
(3)
For buildings with offices and retail sales and service establishments: one berth for 8,000 to 25,000 square feet of floor area; and one additional berth for each additional 25,000 square feet of floor area or fraction thereof.
(4)
For undertakers: one berth for each chapel. (Such berths shall be at least 10 feet wide, 20 feet long and 7 1/2 feet high.)
(5)
For manufacturing, wholesale and storage uses, and for dry-cleaning and rug cleaning establishments and laundries: one berth for 5,000 to 10,000 square feet of floor area in each use; and one additional berth for each additional 20,000 square feet of floor area or fraction thereof.
(6)
For component uses within an industrial park: for buildings with floor area of 10,000 to 25,000 square feet: one berth; for each additional 25,000 square feet or major fraction thereof up to 100,000 square feet: one berth; and for each additional 50,000 square feet or major fraction thereof above 100,000 square feet: one berth.
§ 205-26 Parking and loading access near street corners.
No entrance or exit for any accessory off-street parking area with over 10 parking spaces nor any loading berth shall be located within 50 feet of the intersection of any two streets.
§ 205-27 Required parking and loading for lots in more than one district.
When a lot is located partly in one district and partly in another district, the regulations for the district requiring the greater number of parking spaces or loading berths shall apply to all of the lot. Parking spaces or loading berths on such a lot may be located without regard to district lines, provided that no such parking spaces or loading berths shall be located in any residential area, unless the use to which they are accessory is permitted in such district.
§ 205-28 Keeping of domestic animals.
No owner or lessee shall permit any dog, cat or domestic animal as defined in § 108, Subdivision 7, of the Agriculture and Markets Law to be kept on any parcel of land upon which there is a vacant dwelling unit, garage, barn or shed, unless there is also an inhabited dwelling unit on such parcel.
§ 205-29 Commercial purposes.
The regrading, dumping of suitable fill, removal or excavation of topsoil or other natural materials for commercial purposes shall be deemed, for the purpose of this chapter, to be the regrading, dumping of suitable fill, removal or excavation of topsoil or other natural materials other than the uses permitted under § 79-25 of the Town Code of the Town of Greenville. No commercial excavation shall be permitted until it has been found by the Planning Board that such excavation or other operation accessory thereto will not be detrimental to the appropriate and orderly development of any district in which it is situated nor impair the value thereto, and such excavation or accessory operation shall be permitted only after approval by the Planning Board.
§ 205-30 Commercial excavation standards.
A.
Buffering. No excavation for commercial purposes (as defined herein) shall be closer than 50 feet to any street line or other property line.
B.
Lateral support. The proposed operation shall not adversely affect the lateral support of abutting land and other properties. The slope of material in any excavation, excepting rock quarries, shall not exceed the normal angle of repose or 45°, whichever is less. The final slope of any excavated materials shall not exceed the normal angle of repose of such material, except where a suitable retaining wall, as shown on approved plans, is built to provide lateral support.
C.
Processing of excavated materials. No rock crusher or similar apparatus or equipment, used for the processing of excavated materials, shall be operated within 1,000 feet of the boundaries of a site located in any residential area nor within 200 feet of any street or property line of a site located in any nonresidential area.
D.
Truck access drives. Truck access drives to the excavation site shall be located so as to minimize the danger to traffic and nuisance to surrounding properties. In order to prevent dust, such drives within 500 feet of any lot line or excavation operation shall be kept wet, oiled, treated with chemical dust deterrents or paved.
E.
Fences or barricades. Fences or barricades shall be erected to protect pedestrians and vehicles. Where any open excavation will have a depth of 10 feet or more and a slope of more than 30°, there shall be a substantial fence, as approved by the Planning Board, with suitable gates where necessary, effectively blocking access to the area in which such excavation is located. Such fence shall be located 50 feet or more from the edge of the excavation. All operations shall be screened from nearby residential uses, as may be required by the Planning Board.
F.
Interference or endangerment. No excavation shall be permitted which would interfere with public utility systems or which would create or aggravate any condition detrimental to the public health and safety.
G.
Natural drainage. No excavation shall be permitted which would interfere with the natural drainage of the general area surrounding the excavation site. All existing watercourses shall be preserved, except that such watercourses may be relocated in accordance with the approved plans, provided that satisfactory provisions are made for the maintenance of the flow. Any lakes or ponds that are created shall have sufficient depth and inflow of water to prevent their becoming stagnant in dry periods.
H.
Refilling. All pits, quarries, holes or any other excavated areas shall be refilled with clean fill containing no garbage refuse or harmful matter to the natural grade of the property. The Planning Board may specifically waive the provisions of this subsection for excavations made into the side of a hill, provided that it shall find that refilling is not necessary to satisfy all the provisions of this section.
I.
Storage piles of materials. Storage piles of materials, including waste materials, shall be located only at approved places and in no case any closer to property lines than is permitted for excavations. After completion of excavation operations, waste materials shall be used in filling all open pits, quarries, etc. Piles of excess waste materials shall be leveled.
J.
Soil erosion. Every precaution shall be taken to prevent soil erosion by water or wind during operations. After any such operations, the site shall be made reusable for a use permitted in the district. Where topsoil is removed, sufficient arable soil shall be set aside for retention on the premises and shall be re-spread over the premises after the operation. The area shall be brought to final grade by a layer of earth of two feet or original thickness, whichever is less, capable of supporting vegetation. Upon completion of replacement of topsoil, it shall be harrowed or raked to establish a seed bed and shall be seeded with grass, permanent pasture mixture or other approved fast-growing vegetation and repeated as necessary until the area is established.
K.
Hours of operation. No excavating operations or processing of excavated materials shall take place between the hours of 7:00 p.m. and 7:00 a.m., nor at any time on legal holidays.
L.
Accessory uses. Excavated materials from one property shall not be processed on another property.
M.
Soil fertility. The proposed operations shall not adversely affect soil fertility.
N.
Administration and enforcement.
(1)
Application and fee. This section of this chapter is to be enforced by the Building Inspector. On all applications for a permit, the office of the Building Inspector shall charge and collect for a commercial excavation a fee as set from time to time by resolution of the Town Board in Chapter A212, Fees. Any fees beyond the base fee may be waived depending on the extent and complexity of the operation.
(2)
Coverage. The provisions of this chapter shall be made applicable to all excavations or excavated areas which are being worked at the time this chapter shall become effective. No excavation shall be continued or extended in area after the effective date of this chapter without first securing a permit therefor.
(3)
Other jurisdictions. The foregoing provisions providing for the enforcement of the regulations in this chapter contained are not exclusive but are in addition to any and all other laws applicable thereof.
(4)
Inspection. Any person applying for an excavation permit or any person or persons authorizing or consenting to such application shall be deemed to have authorized the Building Inspector to go upon the premises at any reasonable time for the purpose of inspecting the same in order to determine that the provisions of this chapter are being or have been complied with.
§ 205-31 Commercial and noncommercial forest improvement operations.
A.
A permit shall be required for all commercial timber harvesting and for all noncommercial operations (as defined) on forest land in the Town of Greenville, New York.
B.
Commercial timber harvesting permit procedures. The Building Inspector shall receive the following information from the landowner before granting a permit for forest land improvement:
(1)
Summary. A summary of cutting operations to include:
(a)
The total land area involved in cutting operations.
(b)
The number of trees of each species to be cut.
(c)
The range in inches, of diameter, measured at the standard breast height (4 1/2 feet above the ground) of the trees to be cut.
(d)
The total board foot volume for each species to be cut.
(e)
The total volume to be removed from the cutting area.
(3)
Statement. A statement from the landowner that each tree to be removed has been designated by a professional forester, with paint or other distinctive means, at two points so as to be readily visible by the buyer. One point shall be low enough on the tree so as to be visible on the stump after the tree is removed. Trees being removed for other than saw timber need not be marked on the stump.
C.
Noncommercial forest stand improvement operations; thinning and culling. Thinning and cull removal are forestry operations in noncommercial stands of trees and are designed to provide more growing room for better trees. Involved is the removal of poor quality, low vigor, and injured, diseased or excessively crowded trees. The material involved is rarely usable, and the operation, therefore, is not one from which the landowner receives an income. However, the benefits to the total environment, the forest, the wildlife habitat, the owner and the Town itself are such that people should be encouraged to undertake these activities.
D.
Commercial and noncommercial forest stand improvement standards.
(1)
Conservation practices. The proposed operation shall not adversely affect drainage, possible growth of vegetation and the general appearance of the landscape; nor shall it contribute to soil erosion by water or wind.
(2)
Adjacent property. Trees failing on adjacent properties as a result of an improvement operation shall immediately be returned to the permittee's property.
(3)
Management practices. Loading areas shall be smoothed to remove all ruts and debris. Waste materials shall be buried or removed to a point out of sight of any Town road.
(4)
Hours of operation. No harvesting, cutting or sawmill operations or removal of products shall take place between the hours of 7:00 p.m. to 7:00 a.m. nor at any time on legal holidays.
(5)
Expiration and extension. The term of this permit shall be for one year. However, since forest stands improvement operations may be adversely affected or delayed by unusual circumstances of weather or other occurrences, an extension of one year shall be available on the recommendation of the Building Inspector upon request of the landowner.
(6)
(7)
Additional requisites. The Planning Board, with the advice of the Regional Forester on approved forestry practices, may make additional rules regarding the periods of operation, size of trees cut, incidental earth removal, access roads, reforestation and prevention of forest fires.
§ 205-32 Performance standards.
A.
No land or building in the Commercial Mixed-Use District shall be used or occupied in any manner so as to create any dangerous, injurious, noxious or otherwise objectionable fire, explosive or other hazard; noise or vibration; smoke, dust, odor or other form of air pollution; heat, cold, dampness, electromagnetic or other disturbance; glare, liquid or solid refuse or wastes; or other substance, condition or element in such a manner or in such amount as to adversely affect the reasonable use of the surrounding area or adjoining premises (referred to herein as "dangerous or objectionable elements"), provided that any use permitted or not expressly prohibited by this chapter may be undertaken and maintained if it conforms to the regulations of this section limiting dangerous and objectionable elements at the point of the determination of their existence.
B.
Uses requiring performance standards procedure. Only manufacturing uses and uses necessary there to shall be subject to performance standards procedure as specified in Subsection E below in obtaining a zoning permit, unless the Building Inspector has reasonable grounds to believe that another proposed use is likely to violate performance standards, in which event the applicant shall comply with performance standards procedure.
C.
Enforcement provisions applicable to other uses. Even though compliance with the performance standards procedure in obtaining a building permit is not required for some particular uses, initial and continued compliance with the performance standards themselves is required of every use; the provisions for enforcement of continued compliance with performance standards shall be invoked by the Building Inspector against any use if there are reasonable grounds to believe that performance standards are being violated by such use.
D.
Performance standard regulations.
(1)
Fire and explosion hazards. All activities involving, and all storage of, inflammable and explosive materials shall be provided at any point with adequate safety devices against the hazard of fire and explosion and adequate fire-fighting and fire-suppression equipment and devices standard in the industry. Burning of waste material in open fires is prohibited at any point. The relevant provision of state and local laws and regulations shall also apply.
(2)
Radioactivity and electromagnetic disturbances. No activities shall be permitted which emit dangerous radioactivity at any point beyond the property line, or electromagnetic disturbances adversely affecting the operation at any point of the equipment, other than that of the creator of such disturbances.
(3)
Noise.
(a)
The maximum sound-pressure level radiated by any use or facility (other than transportation facilities) at the property line shall not exceed the values in the designated octave bands given in Table I, after applying the corrections shown in Table II, below. The sound-pressure level shall be measured with a sound-level meter and associated octave band analyzer conforming to standards prescribed by the American Standards Association. American Standard sound-level meters for measurement of noise and other sounds, z24, 3-1944, American Standard Specification for an octave-band filter set for the analysis of noise and other sounds, z24, 10-1953, American Standard Association, Inc., New York, New York shall be used.
Table I | |
|---|---|
Octave Band Range in Cycles Per Second | Sound-Pressure Level in Decibels re 0.002 dyne/cm2 |
20 to 300 | 60 |
300 to 2,400 | 40 |
Above 2,400 | 30 |
(b)
If the noise is not smooth and continuous and is not radiated between the hours of 10:00 p.m. and 7:00 a.m., one or more of the corrections in Table II shall be applied to the decibel levels given in Table I.
Table II | |
|---|---|
Type or Location of Operation or Character of Noise | Correction in Decibels |
Daytime operation only | 5 |
Noise source operates less than: | |
20% of any 1-hour period | 5 |
5% of any 1-hour period | 10 |
Noise of impulsive character (hammering, etc.) | -5 |
Noise of periodic character (hum, screech, etc.) | -5 |
Property is not within 500 feet of any residential area | 5 |
(4)
Vibration. No vibration shall be permitted which is discernible without instruments at the property line.
(5)
Smoke. No emission shall be permitted at any point, from any chimney or otherwise, of visible gray smoke of a shade equal to or darker than No. 2 on the Poer's Micro-Ringelmann Chart, published by McGraw-Hill Publishing Company, Inc., and copyright 1954, (being a direct facsimile reduction of the standard Ringelmann Chart as issued by the United States Bureau of Mines), except that visible gray smoke of a shade equal to No. 2 on said Chart may be emitted for four minutes in any 30 minutes. These provisions applicable to visible gray smoke shall also apply to visible smoke of different color but with apparently equivalent opacity.
(6)
Odors. No emission shall be permitted of odorous gases or other odorous matter in such quantities as to be readily detectable when diluted in the ratio of one volume of odorous air emitted to four volumes of clean air. Any process which may involve the creation or emission of any odors shall be provided with a secondary safeguard system, so that control will be maintained if the primary safeguard system should fail. There is hereby established as a guide in determining such quantities of offensive odors Table III, Odor Thresholds, in Chapter 5, Air Pollution Abatement Manual, copyright 1951, by Manufacturing Chemists' Association, Inc., Washington, D.C., and said manual and/or table as subsequently amended.
(7)
Fly ash, dust, fumes, vapors, gases, other forms of air pollution. No emission shall be permitted which can cause any damage to health, to animals, vegetation or other forms of property or which can cause any excessive soiling, at any point on the property of others, and in no event shall any emission, from any chimney or otherwise, of any solid or liquid particles in concentrations exceeding 0.3 grains per cubic foot of the conveying gas be permitted. For measurement of the amount of particles in gases resulting from combustion, standard corrections shall be applied to a stack temperature of 500° F. and 50% excess air.
(8)
Glare. No direct or sky-reflected glare, whether from floodlights or from high-temperature processes, such as combustion or welding or otherwise, shall be permitted. This restriction shall not apply to signs otherwise permitted by the provisions of this chapter, nor to security lighting, lighting of a road system or parking lot lighting not otherwise prohibited.
(9)
Liquid or solid wastes. No discharge shall be permitted of any point into any public sewer, private sewage disposal system or stream or into the ground, except in accordance with standards approved by the County Department of Health or similarly empowered agency of any materials of such nature or temperature as can contaminate any water supply or otherwise cause the emission of dangerous or offensive elements.
E.
Performance standards procedure. An application for a building permit or certificate of occupancy for a use subject to the performance standards procedure shall include a plan of the proposed construction and a description of the proposed machinery, operations and products and specifications for the mechanisms and techniques to be used in restricting the emission of any dangerous and objectionable elements listed under Subsection D above. The applicant shall also file with such plans and specifications an affidavit acknowledging his understanding of the applicable performance standards and stating his agreement to conform to the same at all times. No applicant will be required to reveal any secret processes, and any information submitted will be treated as confidential. Upon the satisfactory filing of the required plans, specifications and affidavit, the Building Inspector shall proceed to issue a building permit and certificate of occupancy in accordance with the procedures set forth in §§ 205-85 and 205-86.
§ 205-33 Mobile homes; temporary certificate of occupancy; fees.
A.
Except as provided herein and in the Use and Bulk Table,[1] the storage or use of mobile homes in the Town of Greenville is prohibited.
[1]
Editor's Note: Said Use and Bulk Tables are included as an attachment to this chapter.
B.
Use as temporary residence.
(1)
Temporary certificate of occupancy. Where a building permit has been issued for the alteration or extension of a single-family residential building, the Building Inspector may issue a temporary certificate of occupancy for one mobile home for a period not to exceed six months. Said temporary certificate of occupancy may be extended for one additional period of six months if the Building Inspector finds that construction has been diligently pursued, and that justifiable circumstances require such an extension. Said mobile home may be occupied during the term of the temporary certificate of occupancy and must be situated upon the lot for which the building permit has been issued. Prior to the issuance of temporary certificate of occupancy by the Building Inspector and the location of said mobile home on the lot, the matter shall be subject to Planning Board approval. Said Board may attach to the approval whatever conditions it deems necessary to carry out the intent of this chapter.
(2)
Fee. The fee for a temporary certificate of occupancy for a mobile home shall be set from time to time by resolution of the Town Board in Chapter A212, Fees. Cash in the amount of $1,000 shall be deposited with the Town in an escrow account to assure removal of the mobile home upon expiration of the permit.
§ 205-34 Mobile home courts; permits; fees; development standards.
A.
Requirement. No person, firm or corporation shall own or operate a mobile home court without a permit, obtained as herein provided, and failure to have such a permit shall constitute a violation of this chapter.
B.
Authorization and approval of plans by the Planning Board. A mobile home court shall be allowed only upon authorization and approval of the plans by the Planning Board, and only in those zoning districts where such use is permitted.
C.
Nontransferability. Mobile home court permits shall not be transferable or assignable.
D.
Procedure. Application for a mobile home court permit shall be filed with the Building Inspector who shall submit the same to the Planning Board for appropriate action. After proper review under the terms of Article XIV and Subsection G below, the Planning Board may grant authorization and approval of the plans. Following such authorization, the Building Inspector shall issue a permit for a mobile home court upon receipt of the required fee.
E.
Application. Application for a mobile home court permit shall be made in triplicate on forms to be provided by the Building Inspector, shall be signed by the applicant and shall state:
F.
Site plan. Each application shall be accompanied by a site plan drawn to scale by a qualified engineer or land planner, said plan to include the following information:
(1)
The location of the proposed mobile home court, showing the boundaries and measurements of the premises.
(2)
The location and number of mobile homes to be situated therein.
(3)
The means of egress and ingress to all public roads.
(4)
Watercourses and drainage ditches.
(5)
Internal roads and off-street parking facilities.
(6)
Water supply and sewage disposal facilities.
(7)
Location of fire extinguishers.
(8)
The location, nature and extent of fences and screening.
(9)
The location of outdoor lights, signs and other structures.
(10)
The names and addresses of the owners of adjoining properties.
G.
Mobile home court development standards. Notwithstanding the applicable provisions of Town codes or other ordinances, each mobile home court shall comply with the following conditions:
(1)
No mobile home court shall adjoin or be closer than 1,000 feet to any existing mobile home court.
(2)
The site shall be well drained and have such grades and soil as to make it suitable for the purpose intended.
(3)
Central sewage disposal and water supply systems shall have the approval of the Orange County Department of Health and/or similar municipal approval, whichever is the more restrictive, and each mobile home site shall be suitably connected to these systems.
(4)
Garbage shall be collected once every day, and a waste collection station shall be provided for every 20 mobile home sites. No such collection station shall be farther than 300 feet from the site so served. Waste collection stations shall be emptied at least three times each week.
(5)
The outside burning of garbage, trash or rubbish is prohibited.
(6)
A mobile home court shall have at least 100 feet frontage on an improved public (state or County) road. No individual mobile home lot shall have frontage or direct access to a public road.
(7)
The mobile home court site shall be designed according to the provisions of § 205-15, Cluster Developments, with all mobile home lots fronting on loop or cul-de-sac streets, with no more than 10 lots fronting on each non-through-traffic street.
(8)
Access to a mobile home court and circulation within shall be by roads paved with tar and stone or blacktop (as approved by the Town Highway Superintendent), and shall be kept in good repair. Roadways shall be at least 30 feet wide. Two exits to each mobile home court shall be provided, at least 125 feet apart. The Planning Board shall require a bond for the construction of said roads.
(9)
Of the two off-street parking spaces required for each mobile home site, one such space shall be adjacent to or within each mobile home lot; the second may be contained within one or more group parking areas.
(10)
All means of ingress and egress, drives, lanes and public spaces shall be adequately lighted. Exits, entrances, drives and lanes shall have at least one shielded fifty-watt bulb for each 50 feet of drive.
(11)
Each mobile home site without a basement shall be provided with a four-inch concrete slab at least 10 feet by 18 feet in size, placed on a stable surface, for the use as a terrace and so located as to be adjacent and parallel to the mobile home. The base of each mobile home shall be enclosed. Each mobile home lot shall contain an underground electrical outlet and weatherproof service connection to which the electrical system of the mobile home can be connected.
(12)
All mobile home courts shall be screened from the view of adjacent properties and public streets by peripheral landscaping containing hedges, evergreens, shrubbery, fencing or other suitable screening as approved by the Planning Board and deemed appropriate for the purpose.
(13)
All open portions of the site shall have adequate grading and drainage and shall be continuously maintained in a dust-free condition by suitable landscaping with trees, shrubs or planted ground cover or by paving with asphaltic, concrete rock or by other suitable material as shall be approved by the Planning Board.
(14)
Required front yard areas shall be planted and maintained in such a manner as to provide a parklike setting for all buildings.
H.
Inspection. The Building Inspector or any other duly authorized agent of the Town of Greenville shall have the right at any reasonable time to enter any mobile home court to inspect all parts of said premises and to inspect the records required to be kept in any mobile home court.
I.
Register. The operator of a mobile home court shall keep a register wherein there shall be noted the name and permanent address of the occupants of every mobile home situated in the court, the registration number of the same, the date it was admitted and the date of its removal. Such register shall be signed by the owner of the mobile home or the person bringing the same into the court.
J.
Revocation of permit.
(1)
If the Building Inspector or any other authorized agent of the Town of Greenville finds any mobile home court is not being conducted in accordance with the provisions of this chapter, such person shall serve an order, in writing, upon the holder of the mobile home court permit or the person in charge of said court, directing that the conditions therein specified be remedied within 10 days after the date of service of such order.
(2)
If such conditions are not corrected by the close of said ten-day period, said conditions shall constitute a violation of this chapter.
K.
Fees.
(1)
The applicant for a mobile home court permit shall at the time of issuance pay a fee set from time to time by the Town Board in Chapter A212, Fees, based upon the maximum number of proposed mobile home lots as approved by the Planning Board.
(2)
There shall be no apportionment of the fee for a permit of less than twelve-month duration.
L.
Renewal applications.
(1)
Renewal applications shall be filed with the Building Inspector before the first day of December next preceding the expiration of the original permit.
(2)
Prior to the issuance of a renewal permit, the Building Inspector shall inspect the mobile home court premises for compliance with these regulations. Any deviation from the application as originally approved by the Planning Board shall require a new application before the Planning Board and shall be in conformance with these regulations.
(3)
Upon approval of the Building Inspector or Planning Board, as the case may be, and payment of the required annual fee, a renewal permit shall be issued.
(4)
After issuance of the permit, the same shall be valid until the end of the calendar year and shall be renewable annually.
M.
Application to existing mobile home courts. This chapter (except for Subsections G(5), (8) and (12) and H of this section) shall not apply to mobile homes existing in mobile home courts on the effective date of this chapter, and such existing mobile homes shall be considered nonconforming uses. Any enlargement, extension or alteration of an existing mobile home court may be made only in compliance with all the terms of this chapter.