Hilton City Zoning Code
ARTICLE VI
Supplementary Regulations
§ 275-40 Off-street parking and loading requirements.
A.
Authority: Parking requirements shall be determined by the Zoning Board of Appeals in the course of their respective reviews of any site plan, special use permit, or other necessary review. No approval may be issued until plans and evidence are presented and approved by the Zoning Board of Appeals to show how the off-street parking and loading requirements are to be fulfilled and that property is and will be available for exclusive use as off-street parking and loading space. The subsequent use of the property for which the permit is issued shall be conditional upon the unqualified continuance and availability of the amount of parking and loading space required by the Zoning Board of Appeals.
B.
Off-street loading. There are no provisions that establish a minimum number of off-street loading spaces for development. Off-street loading shall be provided to meet the realistic demand for the proposed land use. As part of site plan approval, the applicant shall provide satisfactory calculations of this demand to the Zoning Board of Appeals. Where the applicant can provide satisfactory evidence to the Zoning Board of Appeals that shared or on-street loading spaces accommodate the expected demand without hindering pedestrian, vehicular, emergency or other accessways, a development may be approved with no off-street loading spaces.
C.
Every institutional, commercial or industrial building hereafter erected or established having a gross floor area 10,000 square feet or more shall provide and maintain at least one off-street loading space plus one additional off-street loading space for each additional 20,000 square feet of gross floor area. Any use requiring 1/2 or more of a loading space shall be deemed to require the full space. Each loading space shall be not less than 10 feet in width, 35 feet in length, and 14 feet in height.
D.
Number of spaces required. There are no provisions that establish a minimum number of off-street parking spaces for development. Off-street parking shall be provided to meet the realistic demand for the proposed land use. The applicant shall calculate this demand based on guides such as the Institute of Transportation Engineer's Parking Generation Reports, Urban Land Institute, observed local demand analysis, or any other practice acceptable to the Zoning Board of Appeals.
E.
Joint use. The off-street parking requirements of two or more uses, structures, or parcels of land may be satisfied by the same parking or loading space used jointly if supported by a shared parking analysis. This analysis shall be based upon accepted standards. The right to joint use of the parking space must be evidenced by a deed, lease, contract, or other appropriate written document to establish the joint use.
F.
Location of off-site parking facilities. Required off-street parking is allowed on a separate parcel within 900 feet of the use served, as measured by distance from the closest public entrance to the off-site parking lot and along a realistic pedestrian path of travel. Where parking is provided off-site, adequate provisions for safe, pedestrian travel shall be required. The right to use of the parking must be evidenced by a deed, lease, contract, or other appropriate written document to establish the arrangement.
G.
Use of parking facilities. Required parking space shall be available for the parking of operable passenger vehicles of residents, customers, patrons, and employees only, and shall not be used for the storage of vehicles or materials.
H.
Parking in front yard. Unless otherwise provided, required parking and loading spaces shall not be located in a required front yard, except in the case of a single- or two-family dwelling, but such space may be located within a required side yard or rear yard.
I.
Development and maintenance standards for off-street parking areas. Every parcel of land hereafter used as a public or private parking area, including commercial parking lots, shall be developed as follows:
(1)
An off-street parking area for more than five vehicles shall be effectively screened by a sight-obscuring fence, hedge or planting, on each side which adjoins property situated in a residential district or the premises of any school or like institution.
(2)
Any lighting used to illuminate the off-street parking areas shall be so arranged that it will not project light rays directly upon any adjoining property in an R District.
(3)
Except for single-family and two-family dwellings, groups of more than two parking spaces shall be so located and served by a driveway that their use will require no backing movements or other maneuvering within a street or right-of-way other than an alley.
(4)
In a multiple-residence development, parking shall be so distributed as to service the individual units. There shall be no more than 900 feet between the car and door. Parking lots should be kept small and in other ways broken up into smaller units through provision of islands and plantings. Parking spaces shall not run continuous more than 10 adjacent spaces.
(5)
Design and development standards, such as surfacing, size of spaces, size and number of access points and width of internal circulation drives, shall be as specified in the Zoning Board of Appeals resolution, Standards for Design, Development and Maintenance of Off-Street Parking Facilities.
J.
Authority for Zoning Board of Appeals to modify requirements of § 275-40.
(1)
The Zoning Board of Appeals is hereby authorized to modify the required number of off-street parking spaces.
(2)
Such modification may take place after the Zoning Board of Appeals finds that:
(a)
Applicant has demonstrated that adequate, public off-street parking facilities are available within 900 feet of the primary entrance of all uses served as measured along the shortest legal, practical walking route; or
(b)
Applicant can document that the applicable amount of their customers will be transported to and from their premises in buses, bikes, walking, or other forms of transportation; or
(c)
Applicant provides a transportation management plan documenting off-peak work hours, preferential parking, financial incentives, or some other manner for reducing parking demand; or
(d)
The requirement is found not to be requisite in the interest of the public health, safety, and general welfare or inappropriate because of inadequacy or lack of connecting facilities adjacent or in proximity to the site plan.
(3)
Where the Zoning Board of Appeals modifies the required number of parking spaces pursuant to this section, the Zoning Board of Appeals shall impose such conditions as it deems necessary and shall make findings supporting their decision.
§ 275-41 Signs.
A.
Purpose. The purpose of this article is to promote and protect the public health, welfare and safety by regulating signs of all types within the Village. It is intended to ensure right to free speech as protected under the Constitution, protect property values, create a more attractive economic and business climate and enhance and protect the physical appearance of the community. It is further intended to provide effective means of identification while minimizing visual clutter by preventing excessive and confusing sign displays, reducing sign or advertising distraction that may contribute to traffic accidents, preventing signs from obstructing the view of other signs and curbing the deterioration of natural beauty. No sign or outdoor advertising of any character shall be permitted in any zoning district of the Village of Hilton except in conformity with the regulations of this section.
B. ABANDONED SIGN AUTOMATIC CHANGEABLE COPY SIGN AWNING SIGN BANNER/PENNANT DIRECTORY SIGN ESTABLISHMENT FLAT SIGN FREE-SPEECH SIGN FREESTANDING SIGN ILLUMINATED SIGN INSTRUCTIONAL SIGN NONCONFORMING SIGN OFF-SITE SIGN PORTABLE OR MOBILE SIGN PROJECTING SIGN ROOF SIGN SANDWICH BOARD SIGN SIGN SIGN AREA SIGN STRUCTURE TRAFFIC CONTROL SIGN WALL SIGN WINDOW/DOOR SIGN
Definitions. As used in this article, the following terms shall mean and include:
Any sign advertising an establishment which has ceased to operate on the site for a period of more than 30 days.
A sign which changes its content automatically on a frequency of more than once every 12 hours, whether by electronic or mechanical means.
Any visual message incorporated into an awning attached to a building.
A sign that is painted or displayed on a sheet composed of plastic, paper, fabric or other nonrigid material, fastened to the exterior of a building or structure or a flagpole, but excluding any flag representing federal, state, or other governmental entity and political unit or of any charitable, educational, philanthropic, civic or religious organizations.
A listing of two or more establishments on one sign.
A business, residence, public or private organization or similar.
A sign attached to a building or other structure that projects less than 18 inches beyond the building but extends parallel or substantially parallel thereto.
A sign that does not advertise, identify or promote any establishment, business, service product or organization but rather states an opinion.
A sign not attached to or part of any building but separate and permanently affixed by any other means in or upon the ground. Included are monument signs and masonry wall-type signs.
Any sign illuminated by electricity, gas or other artificial light.
A sign that defines and/or prohibits an activity.
A sign which exists at the time of enactment of this article and which does not conform to the regulations and restrictions imposed herein.
A sign located on one site that relates to a different site.
A sign that is designed and intended to be transported from place to place and is not permanently affixed to the ground or to a building or structure. Portable signs may or may not have wheels.
A sign which is attached to the exterior of a building beyond the surface of that portion of the building to which the sign is attached and not parallel to the face of the building.
A sign that is mounted upon the roof of a building or which is wholly dependent upon a building for support and which projects more than six inches above the highest point of a building with a flat roof; an eave line of a building with a gambrel, gable or hip roof; or the deck line of a building with a mansard roof.
A sign composed of two panels set up as a triangle shape, hinged along the top.
Any material, structure or device or part thereof composed of lettered or pictorial matter or a logo, which is located out-of-doors or on the exterior of any building or inside a building in view of the general public from a street or public way and displays an advertisement, announcement, notice or name.
The entire area within a single, continuous perimeter enclosing all elements which form an integral part of the sign. The structure supporting a sign shall be excluded unless the structure is designed in such a way as to form an integral background for the display.
The supports, uprights, bracing and framework for the sign.
A sign directing and guiding traffic and parking but bearing no advertising matter.
A sign which is attached to the outside wall of a building, with the face of the sign in plane parallel to such wall and not extending more than 12 inches from the face of the wall.
A sign visible from a sidewalk, street, off-street parking area or other public place, painted or affixed on glass or other window material or located inside within three feet of window, but not including graphics in connection with customary display of products.
C.
Procedure for obtaining a permit.
(1)
Except as otherwise provided in this article, no sign shall be installed, enlarged, redesigned, relocated, placed or modified without first obtaining a permit in accordance with this article.
(2)
Application for a sign permit shall be made in writing by or on behalf of the owner, lessee or occupant of the property on which the sign is to be installed and must be accompanied by a drawing which shows proposed dimensions, text, color, design, location and other such information as may be deemed necessary or appropriate by the Code Enforcement Officer.
(3)
The fee for the issuance of a sign permit shall be set by the Village Board. Any changes to an existing sign shall be by permit application, as prescribed above. These fees may be amended by the Village Board from time to time.
(4)
A sign permit shall become null and void if the construction of the sign for which the permit was issued has not begun within a period of six months of the date of issue of the permit or has not been completed within one year after the date of issue of the permit.
D.
General requirements. Except as specifically set forth to the contrary, the following applies to all signs which are installed or modified after the effective date of this section:
(1)
No sign shall be located on a public right-of-way or public property.
(2)
All signs shall be located on the same site as the use they identify or advertise except where a special use permit has been granted for an off-site location.
(3)
No sign shall obstruct the view at the intersection of any street.
(4)
No sign shall be constructed or installed so as to be confused with or mistaken for traffic management signs or signals.
(5)
Any sign that no longer advertises the use of the property or no longer serves the purpose for which it was installed must be removed within 14 days after written notification from the Code Enforcement Officer.
E.
Signs authorized without a permit. Except as set forth herein to the contrary, the following types of signs may be installed in the Village without obtaining a permit. Although permits are not required for these signs, the signs shall conform to the applicable height, setback and size requirements detailed in this article:
(1)
Any official sign, public notice sign, or warning sign required by federal, state or local law (example: NYS inspection station or authorized repair shop identification).
(2)
Any sign within a building not visible from the street or adjacent lots.
(3)
Any sign within an enclosed outdoor space, such as athletic field, where the sign is not visible beyond the property lines.
(4)
Banners, pennants, or feather flags only if all of the following conditions are satisfied:
(a)
No more than one banner per establishment is displayed at one time.
(b)
It is displayed for no more than 14 days in any 90-day period.
(c)
It does not have a total face area in excess of 100 square feet nor a height of more than six feet.
(d)
It does not extend above the first-floor facade of the building or project beyond property lines.
(e)
It is not illuminated.
(f)
It is not placed in such a manner as to impede pedestrian traffic.
(5)
Holiday decorations not displaying a commercial message.
(6)
One construction or home improvement sign per construction project, not exceeding six square feet in area in residential districts or 12 square feet in all other districts, provided that such sign shall be removed five days after the completion of construction. Such signs shall be confined to the property on which the construction is taking place.
(7)
Signs which provide direction and are located entirely on the property to which they pertain, do not advertise an establishment 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 right-of-way and side and rear yards. Any sign proposed to be located in the street right-of-way is subject to approval from the municipality having jurisdiction of the roadway.
(8)
Drive-in facilities.
(a)
Establishments 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 30 days, the sign must be removed.
(b)
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, instructions and other signs of a similar character.
(9)
Flags, emblems or insignia of any nation, political subdivision, business or commercial enterprise. Business or commercial enterprise flags shall be limited to one per lot and shall be included in the calculation of permitted wall signage.
(10)
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.
(11)
Government signs. Signs installed and maintained pursuant to and in discharge of any government function. There are no size restrictions for government signs.
(12)
Home occupation signs. One sign for each legally established home occupation, not to exceed two square feet in area, indicating the name, location or identification of a home occupation. The sign shall be attached to the structure in which the home occupation is housed.
(13)
"No trespassing" and "no dumping" signs not to exceed four square feet in area per sign. Such signs shall be permitted within the street setback and side and rear yards.
(14)
Temporary signs.
(a)
Political and campaign signs on behalf of candidates for public office or measures on election ballots, in all zoning districts, provided that the signs are subject to the following regulations:
[1]
The signs shall not be put up earlier than 45 days prior to an election. All signs shall be removed within 10 days following said election.
[2]
The number of signs on any one parcel of land is not restricted, but the total combined size of the signs on any parcel shall not exceed 32 square feet in area, no sign shall exceed five feet in height from the surrounding grade and in residential zoning districts, no individual sign shall exceed 16 square feet in size.
[3]
Signs shall not be installed in such a manner as to constitute a roof sign.
[4]
No signs shall be located within or over a public right-of-way.
(b)
One nonilluminated, one- or two-sided portable sign per parcel not to exceed 16 square feet in size and five feet in height, in the following situations:
[1]
New establishments awaiting the installation of a permanent sign, not to exceed a period of 30 days.
[2]
An establishment which has lost the use of a permitted existing sign by reason of fire or other catastrophe, not to exceed a period of 30 days.
[3]
The portable sign is placed at least 10 feet from all property lines.
(c)
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 per side and does not stand more than five feet in height. All such signs shall be removed within seven days after the sale or lease of the property.
(d)
Signs and notices advertising an open house, garage sale or similar events that are placed no more than five days prior to the event and which 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.
(e)
Signs or notices advertising events or activities of churches or other not-for-profit organizations may be placed no more than 30 days prior to the event and must be removed within three days of the conclusion of the event. Maximum size is 18 inches by 24 inches.
(f)
Seasonal signs advertising farm stands, u-pick farms, or other seasonal use where signs are not permanently affixed to the ground. These signs shall not be installed for periods exceeding nine months.
F.
Permitted signs. The Table of Sign Standards, included as an attachment to this chapter, lists the requirements for different types of permitted signs that might be proposed for installation in the Village. 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 subject to additional requirement and/or regulations set forth in this article.
G.
Prohibited signs. The following types of signs are prohibited:
(1)
Any sign for which a permit is required but not issued, or for which a permit has been revoked.
(2)
Any sign that contains words or pictures of an obscene or pornographic nature.
(3)
Any sign that emits audible sounds or discharges odor or visible matter.
(4)
Any sign that may be confused with a traffic control sign, signal or device or the light of an emergency or road equipment vehicle.
(5)
Signs that interfere with official traffic lights or traffic control devices.
(7)
Any sign with unshielded lighting devices or reflectors placed to outline or provide the background of a sign.
(8)
Signs with mirrors.
(9)
Permanent banner, pennant, windblown or inflated signs. These may be permitted as a temporary sign to communicate the opening of a new establishment for a total of 30 days.
(10)
Any sign placed on a curb, sidewalk, hydrant, utility pole, tree or other object located on or over any street unless otherwise permitted.
(11)
Any sign, banner or pennant mounted on or extending above the roof of any building or structure.
(12)
Freestanding signs supported by a single post, commonly referred to as "pole signs."
H.
Specific provisions by zoning category (see Table of Sign Standards for sign allowances).
(1)
Residential, Multiple Residence, PRD, and PRD-S districts.
(a)
Signs advertising use for public, quasi-public, nonprofit, church, schools, hospital or other similar uses, shall be located on the same premises as the use being advertised.
(b)
One nonilluminated sign not exceeding 16 square feet in area and five feet in height shall be permitted at each entrance of an approved subdivision wherein the intended improvements and construction has yet to be completed, for a period of up to three years. If a building permit is not issued within the subdivision for any period of 12 months, or upon completion of the subdivision, such sign must be removed immediately. Such sign may be installed only after approval of the Village Board of the final subdivision plat.
(2)
All other zoning districts.
(a)
On buildings having more than one street frontage, the maximum allowable number and square footage of on-site signs, as provided for in the Table of Sign Standards, are permitted for each building frontage. Such maximum allowance, however, is not transferable either in whole or in part from one building frontage to another. "Frontage" refers to that portion of a lot which abuts a municipally owned or leased parking area, a public street or a private street for which the street alignments, widths, and design standards have been approved by the Village.
(b)
Number of signs.
[1]
For buildings with multiple floors, the following number of signs is permitted:
[a]
For each street-level establishment, a maximum of one wall sign, and either one awning sign or one projecting sign, shall be permitted for each facade of a structure facing a street. Up to two window signs are allowed only in conjunction with a legally permitted wall, awning or projecting sign. Maximum coverage of window signs is detailed in the Table of Sign Standards.
[b]
For each upper floor establishment, a maximum of one window sign, one street- level door sign, and either one awning sign or one projecting sign shall be permitted for each facade of a structure facing a street. Tenant signs are to be located within the facade area of the tenant.
[c]
One freestanding sign is allowed per parcel as permitted in the Table of Sign Standards.
[2]
For single-story buildings, the following number of signs are permitted:
[a]
For each establishment, a maximum of one wall sign, and either one awning sign or one projecting sign shall be permitted on each facade of a structure facing a street in accordance with the Table of Sign Standards. Up to two window signs are allowed only in conjunction with a legally permitted wall, awning or projecting sign. Maximum coverage of window signs is detailed in the Table of Sign Standards.
[b]
One freestanding sign is allowed per parcel as permitted in the Table of Sign Standards.
(c)
Sandwich board signs. All sandwich board signs must meet the following conditions:
[1]
Signs cannot be more than three feet in height, three feet in width and cannot exceed six square feet in area per side.
[2]
Signs shall not be illuminated.
[3]
Signs shall be displayed only during business hours.
[4]
Except as otherwise provided, said signs must be located on the parcel on which the establishment is located.
[5]
Said signs shall be put up in such a place and in such a fashion as to not impede pedestrian traffic or the maintenance of the right-of-way. The Village shall retain the right to require relocation of any sign if it determines that the sign was not put up in such a fashion or that a different placement would provide less obstruction to pedestrian traffic.
[6]
A special use permit and site plan approval from the Zoning Board of Appeals must be granted prior to the issuance of a permit by the Code Enforcement Officer in the following circumstances:
(d)
Automatic changeable copy signs. All automatic changeable copy signs must meet the following conditions:
[1]
Off-site advertising signs prohibited. No automatic changeable copy sign advertising a business, use or service other than that available on the parcel of real estate on which the sign is located shall be permitted.
[2]
Maximum brightness. Maximum brightness shall not exceed 5,000 cd/m2 in daylight and 280 cd/m2 at night (one hour after sunset to one hour before sunrise).
[3]
Automatic dimmer. The sign shall be equipped with both a dimmer control and a photocell, which will automatically adjust the display intensity according to natural ambient light conditions and not exceed maximum brightness.
[4]
Dwell time. The message/image change interval shall be a minimum of eight seconds.
[5]
Static image. The displayed image shall remain static during the eight-second interval.
[6]
No moving images. There shall be no visual special effects of any kind during a message or during the transition between successive messages.
[7]
Transitions. The sign shall transition from one message to the next, with no perceptible dimming or blanking of the display, and with no visible effects such as fade, dissolve, animation, flashing or moving lights.
[8]
Transition time. The time interval used to change from one complete message, image or display to the next complete message, image or display shall be as close to instantaneous as possible and must take a maximum of one second.
[9]
No sequenced messages. Sequencing of messages, such as using two or more successive screens to convey a message on a single sign that will not fit on one screen shall not be used.
[10]
Default display. The signs shall contain a default mechanism that will freeze the sign in one position, or the off position, if a malfunction occurs.
[11]
Not interactive. The signs shall not be interactive and shall not feature or support personalized communications with a driver in real time, nor emit sound, odor, or visible matter, other than light.
[12]
Prohibited districts. Automatic changeable copy signs shall not be permitted within the CB, TMD, and R zoning districts.
I.
Construction and design standards.
(1)
Design considerations.
(a)
Location.
[1]
All signs must comply with the dimension and setback requirements contained in the Table of Sign Regulations.
[2]
No sign shall be put up, relocated, or maintained so as to prevent ingress to or egress from any door, window, or fire escape, or impede pedestrian or vehicular movement.
[3]
Any sign that covers or causes the removal of architectural details (such as, but not limited to, arches, sills, moldings, cornices, and transom windows), in such a fashion to potentially detract from the aesthetic or architectural quality of the structure on which it is to be installed, shall require a special use permit from the Zoning Board of Appeals.
[4]
Signs projecting over walkways or sidewalks must have a minimum clearance of nine feet between the bottom of the sign and the walkway or sidewalk.
(b)
Sign area.
[1]
The area of a sign includes all lettering, wording, designs, symbols and background area, but does not include supports, framework, or bracing, if any, utilized for the mounting of the sign.
[2]
When a sign consists of individual letters or symbols attached to or painted on a surface, the area will be considered to be the size of the smallest rectangle that would encompass all letters/symbols.
[3]
When computing the area of a double-face sign, both sides are considered to be a single sign.
(2)
Signs shall be constructed from weather-resistant and durable signage materials and constructed and presented in a safe manner.
(3)
Internally lit or channel signs must meet the following requirements:
(a)
Individual UL listing.
(b)
Encasement in a frame (applies only to internally lit signs).
(c)
Channel letters with an internal light source reflecting off the building face may also be used for "halo" or "silhouette" lighting (applies only to channel signs).
(d)
Any internal illumination does not project lighting onto adjacent properties or interfere with the public right-of-way.
(4)
Externally lit signs shall not project lighting onto adjacent properties or interfere with the public right-of-way.
J.
Maintenance of signs. All signs and sign supports, framework and bracing shall be properly maintained and shall be kept in good repair at all times. The display surfaces shall be kept neatly painted and cleaned at all times. The Code Enforcement Officer may order the removal of any sign that is not maintained in accordance with the provisions of this article.
K.
Enforcement; penalties for offenses.
(1)
Nonconforming signs shall be brought into compliance with this article upon:
(a)
Any changes to such sign.
(b)
Removal of a nonconforming sign for a period in excess of 14 days or 14 days following an order of removal pursuant to Subsection J of this section, whichever is earlier.
(c)
Destruction or damage to said sign to the extent that the cost of necessary repairs exceed 50% of replacement cost, determined as of the time of the destruction or damage.
(d)
Creation of a hazard or disturbance to the health and welfare of the general public as determined by the Code Enforcement Officer.
(2)
This chapter shall be administered and enforced by the Code Enforcement Officer, or any other person designated by the Hilton Village Board of Trustees.
(3)
Whenever the Code Enforcement Officer determines that a sign is in violation of any provision of this chapter, the Officer shall serve notice of such violation or alleged violation to the owner, occupant, agent or operator of the parcel on which the violating sign is located, such notice to be provided by regular mail to the last known address of the person or entity upon which the same is to be served, as shown by the most recent tax record. Such notice shall be in writing and shall specify the alleged violation and shall provide a reasonable time of not less than 14 days for compliance. Such notice may contain an outline of remedial action that may be taken to effect compliance. The Officer may extend the compliance time specified in any notice issued under the provisions of this article where there is evidence of intent to comply within the period specified, provided that reasonable conditions exist which prevent timely compliance.
(4)
Whenever the Code Enforcement Officer has determined that a condition exists which poses an immediate threat to life, health or safety, the officer may, without prior notice, issue a notice citing the violation and order that such action be taken as is necessary to remove or abate the hazard or danger. Such notice may include an order to remove the sign or portions of the sign that create such hazard or danger. Notwithstanding any other provision of this chapter, such an order shall be effective immediately upon personal service and/or posting on the premises and shall be complied with immediately or as otherwise provided. Expenses incurred in the execution of such order shall be recovered as provided herein.
(5)
Whenever notice of a condition exists which poses an immediate threat to life, health or safety has been served as provided herein and such owner, occupant, agent or operator shall neglect or fail to comply with the requirements of such notice or notices within the time provided therein, the Code Enforcement Officer may authorize the remediation of the violation, the cost of which shall be paid out of general Village funds. The Village shall be reimbursed for the cost of such remediation by assessment and levy upon the lots, parcels of land, or premises wherein such work was performed or such services rendered, and the expense so assessed shall constitute a lien and charge on the real property on which it is levied until paid or otherwise satisfied or discharged and shall be collected in the same manner and at the same time as other Village charges.
(6)
The Code Enforcement Officer shall have the authority, pursuant to the New York State Criminal Procedure Law, to issue an appearance ticket subscribed by the Officer directing the owner, occupant, agent or operator, or designated representative, to appear in a designated local criminal court at a designated future time in connection with the alleged violation of this chapter or any order made thereunder.
(7)
The failure to comply with any provision of this article shall be deemed a violation, and any person who fails to comply with any provision of this article, or fails to comply with any notice, order or directive of the Code Enforcement Officer after expiration of the time for compliance established in accordance with this chapter shall, upon conviction, be punished by a fine of not more than $250 or by imprisonment not to exceed 15 days, or both, for such violation. In the event of any failure to so comply, each and every day that such violation continues shall constitute a separate offense, and the penalties prescribed above shall be applicable to each such separate offense.
§ 275-42 Fences, walls, hedges and screen plantings.
Fences, walls, hedges and screen plantings are permitted as follows:
A.
In any front yard, provided that they do not exceed three feet in height above the elevation of the surface of the ground at the point of construction and shall be of ornamental stone or open construction (not wire), such as ornamental iron, picket (iron or wood) or rail or hedge.
B.
In any rear or side yard, provided that they do not exceed six feet in height above the surface of the ground at that point.
C.
Fences must be constructed at least three feet from Village sidewalks.
D.
Fences, walls, hedges or screen plantings may be required in multifamily, commercial or industrial districts by the Zoning Board of Appeals as are necessary to protect the residential quality of adjacent property in any residential district.
E.
No fence shall be constructed of barbed wire or be electrified unless said fence is on a farm, but in any place where a farm abuts a residence or residences, barbed-wire and electrified fences are prohibited.
§ 275-43 Establishment and measurement of clear-vision areas.
Vision clearance areas shall be provided with the following distances establishing the size of the clearvision area, measured along lot lines:
A.
In any residential district, the minimum distance shall be 25 feet or, at intersections including an alley, 10 feet.
B.
In all other districts, the minimum distance shall be 15 feet or, at intersections including an alley, 10 feet. When the angle of intersection between streets other than an alley is less than 30°, the distance shall be 25 feet.
C.
The vision clearance area shall contain no plantings, fences, walls, structures, or temporary or permanent obstructions exceeding three feet in height measured from the top of the street pavement, except that street trees exceeding this height may be located in this area, provided that all branches and foliage are removed to a height of eight feet above the grade.
§ 275-44 Gasoline filling stations and service stations.
A.
On premises used as gasoline-filling stations or for motor vehicle service or supply stations, no portion of any building shall be closer than 60 feet to the front property line or closer than 40 feet to the rear property line, nor closer than 20 feet to the side property line; and the minimum width of approach driveways shall be 50 feet, such driveways to be separated or set off by curbs or masonry not to exceed two feet in height. All signs, structures bearing lights or lighting facilities shall be set back a minimum of 10 feet from the front property line. Lot size for gas stations shall be at least 200 feet wide and 140 feet deep.
B.
No fuel pump, gasoline pump, or island in any gasoline or motor-fuel filling station containing the same shall be constructed closer than 35 feet to any street line.
C.
Before granting a special permit or variance for a gasoline station or motor vehicle service or supply station, the Board to which application for such permit is made shall consider and determine that:
(1)
The proposed location is consistent with public necessity.
(2)
The proposed structures are located consistent with the regulations of the district which they are to be located, and that the design and type of proposed structure is in harmony with other structures in such neighborhood.
(3)
The proposed use will not create a traffic hazard at the proposed location, or a hazard from fire or explosion.
D.
All gasoline or motor vehicle supply stations hereafter erected or maintained pursuant to a special permit or variance issued hereafter shall comply with the following regulations:
(1)
Any pump or other device for distributing or conveying gasoline hereafter installed, or constructed, in violation of this chapter, may be ordered to be removed at the owners expense by the Building Inspector.
(2)
When being sold or dispensed to the public, gasoline shall be pumped only by individuals who are 16 years of age or older. When being pumped by the holder of the permit, or his/her employee, said individual must be competent to aid in an emergency. When being pumped by the consumer, the holder of the permit or an employee who is 16 years of age or older and competent to aid in an emergency must observe the pumping of gasoline by the consumer.
§ 275-46 Towers.
A.
The term "ground tower," as used in this section of the Village Zoning Law, is intended to mean and include any ground-mounted, fixed tower, edifice, pole or other structure, whether attached to a building, freestanding/self-supporting or guyed, designed to be used for supporting transmission and/or reception of radio frequency signals, but not limited to broadcast, shortwave, citizens band, television signals, wind speed and/or direction indicators and personal observation.
B.
Provisions applicable to all districts.
(1)
No tower shall exceed the height of 50 feet as measured from the ground surface with the following exceptions:
(a)
Towers constructed of wood may not exceed 20 feet in height.
(b)
Amateur communications and radio towers may have a maximum height of 50 feet in height, provided that all other provisions of this chapter are met. "Amateur communications," as used in this section of the Village Zoning Law, is intended to mean those antennas used for recreation or noncommercial purpose.
(2)
The tower shall be located on the same site/lot as it services and shall be limited to one per lot.
(3)
Any such tower shall be confined to the rear yard of any lot and shall be anchored at ground level.
(4)
No tower can be constructed, erected or maintained except as an accessory structure to a building or one-family dwelling on the same lot. Guy wires (supporting tower) cannot be fastened to any adjoining property.
(5)
Lots must be of sufficient size to allow for sideline setback requirements and setback from existing structures equal to the height of the tower measured from the base at ground level, plus the height of any device placed on top of the tower. Setback requirements are six feet, with minimum side yard or rear yard setback being eight feet from any guyed wire.
(6)
All towers shall be suitably protected by screening, fencing and anticlimbing protection.
(7)
No tower installation shall be permitted except by building permit after being reviewed and approved by the Zoning Board of Appeals.
(8)
Application for the permit must include construction drawings, showing proposed method of installation, structural engineering analysis, site plan depicting structures and plantings on the property and all adjacent properties, manufacturers specifications, engineering data and stress analysis, and other pertinent information may also be required for the tower, its support, guys and braces as the Zoning Board of Appeals deems necessary to meet safety measures.
(9)
The Zoning Board of Appeals of the Village of Hilton is empowered to designate the approximate location of the tower to be installed and require protective measures as it deems necessary to reduce or eliminate aesthetic damage and provide safety to the community.
(10)
The applicant shall present documentation of possession of any required license or licenses by any federal, state or local governing authority or agency.
(11)
Where the tower is to be installed by a tenant, the consent of the property owner shall be filed.
C.
The term "roof tower," as used in this section of the Village Zoning Law, is intended to mean and include any roof-mounted fixed tower, edifice, pole or other structure attached to a roof designed to be used for supporting transmission and/or reception of radio frequency signals, but not limited to broadcast, shortwave, citizens band, television signals, wind speed and/or direction indicators and personal observation.
(1)
Provisions applicable to all districts.
(a)
One roof-mounted tower shall be permitted within all zoning districts within the Village of Hilton.
(b)
All roof-mounted towers require the review and approval on behalf of the Village of Hilton Building Department, prior to forwarding to the ZBA for the issuance of any permits or the installation on behalf of the property owner.
(c)
Roof towers shall not be constructed of wood and shall be designed in accordance with the Uniform Fire Prevention and Building Code and the State Energy Conservation Construction Code.
(d)
Height. Any roof mounted tower cannot exceed more than 10 feet in height above the highest point of the roof's ridgeline, and shall exclude features, such as mechanical equipment, chimney/exhaust stacks, etc.
(e)
The tower shall be located on the same site/lot as it services and shall be limited to one per lot.
(f)
Application for the permit must include construction drawings, showing proposed method of installation, structural engineering analysis, site plan depicting structures and plantings on the property and all adjacent properties, manufacturers specifications, engineering data and stress analysis, and other pertinent information may also be required for the tower, its support, guys and braces as the Zoning Board of Appeals deems necessary to meet safety measures.