Prior to the issuance of any building permit for the construction of any new principal use, or for the conversion of an existing use to a new principal use, or prior to issuance of any site plan permit, as well as prior to the demolition of any principal use structure proposed as a part of any of the aforementioned activities, the Building Inspector, with the advice of the Planning Board, shall determine if the proposed activity is compatible within the Neighborhood Overlay District. This review shall be based on the following principles:

Upon this review the Building Inspector, with the advice of the Planning Board, may deny such demolition or may place reasonable conditions on the issuance of applicable site plan approval or building permits.

Barbed wire, except with approval of the Planning and Development Committee of the Common Council in situations where safety is an issue. Barbed wire should be above a six-foot grade.

Razor wire.

Poultry or chicken wire.

Temporary fences, including snow fences.

Electrically charged fences.

Chain-link fences with open top loops.

Construction security fences erected for more than one year.

The supporting or least decorative side of any fence furthest away from such yard or right-of-way if fencing supports or posts are more prominent on one side of the fence than another or one side of the fence is more decorative than another.

At least one opening or gate at least three feet wide for any totally enclosed area.

Harmonious in character with other similar displays.

Orderly, readable and safe.

Nondistracting to motorists.

Intent. The City of Hornell finds that signs are a necessary means of communication that can benefit and detract from the city's community and neighborhood character and should conform with the following provisions.

Exceptions. The following types of signs are allowable without any city approval, except that any such sign shall not exceed the maximum dimensional, height or area requirements of this section relevant to the applicable zoning district.

Measurement of sign area. Sign measurement shall be based upon the entire area of the sign, with a single continuous perimeter enclosing the extreme limits of the sign surface. For a sign painted on or applied to a building, the area shall be considered to include the smallest rectangle or other shape which encompasses all lettering, numbering, designs, logos or lights together with any background of a different color from the finished material of the building. The area of supporting framework such as brackets or posts shall not be included in the area of the sign, but will be included in the size of the total structure. When a sign has two or more faces or is composed of multiple signs each with a face, the sum of the areas of all the faces shall be included in determining the area, except where two faces are placed back to back and are at no point more than two feet from each other. In this latter case, the sign area shall be taken as the area of either face, and if the faces are unequal, the larger shall determine the area.

Measurement of height. The height of any sign shall be measured from the highest point of the structure to the surface of the ground prior to construction of the sign or to the surface of the nearest public road, whichever is lower.

Off-premises signs. Signs displaying information on uses, events, goods, products, services or facilities offered at locations other than on the tax lot where the sign is located are prohibited, with the exception of general directory or directional signs which may be approved subject to a special use permit. General directory or directional signs shall be no larger in area than 24 square feet and shall include only the name(s) of the establishment and basic directional information in lettering no higher than five inches.

Home occupation signs. One non-illuminated sign per home occupation no larger in area than two square feet indicating the name, address, phone number or principal number or principal purpose of the home occupation is permitted. Such sign should be affixed flat to the building.

For-sale and for-rent signs. No more than two nonilluminated signs advertising the sale or rental of a property may be erected and maintained on said property by the owner or broker or any person with legal interest in the sale or rental of such property, provided that:

General provisions for all signs. All signs shall conform with the following performance standards.

Off-premise signs are prohibited.

All signs should be aligned parallel with the street and sidewalk.

All permitted nonresidential uses that are not home occupations may construct, relocate, alter or repair a sign to meet the following standards:

Size and placement.

Number.

Text on permitted signs. The text on each sign is subject to approval by the Zoning Enforcement Officer and is limited to:

Illumination. Only indirect lighting shall be used to illuminate a permitted sign. No flashing, intermittent or moving light or lights shall constitute a part of or be used to illuminate a permitted sign. No light shall be placed in such a manner that it is a hazard to the traveling public, or shall cause any objectionable glare, either direct or reflected.

Sign setbacks.

Contents. Any person desiring to procure a permit provided for in this article shall file with the Code Enforcement Office a written application upon blank forms prepared and furnished by the city. The written consent of the owner and or lessee of the property upon which such sign or signs is/are to be erected and maintained shall be filed with the Code Enforcement Office with such application. Such application shall contain an accurate description of the location or proposed location and character of each sign it is desired to erect, alter, relocate, reconstruct or maintain, the name and address of the applicant, and of the person by whom such sign is to be erected, altered, relocated, reconstructed or maintained, and such other information as the city may require to locate the sign and to show a compliance with the provisions of this article.

Plan design. The city may, in the case of non-illuminated signs, and shall in the case of an illuminated sign, require that the application be accompanied by a plan or design of the sign or proposed sign, showing its weight, dimensions, electrical or gas equipment, details of its attachments and hangings and its position relative to the building and such other information as the Board of Public Safety may require. All signs requiring the use of electricity shall be inspected by an electrical inspector recognized by the City.

Construction permit; fee. The sign permit will be issued at such time the Code Enforcement Officer finds the proposed sign specifications are in compliance with this chapter of the City of Hornell. Fees will be assessed according to the city fee schedule[2] and will be collected prior to issuance of sign permit.

Inspection. The Code Enforcement Officer will issue a certificate of compliance after final inspection of installed sign is determined to be in compliance.

It is recognized that there are some uses which, because of their very nature, have serious objectionable operational characteristics under certain circumstances, which produce a deleterious effect upon adjacent areas. Special regulation of these uses is necessary to ensure that adverse effects will not contribute to the blighting or downgrading of the surrounding neighborhood. The City of Hornell finds it in the public interest to enact these regulations. The purpose of these regulations is to prevent or lessen the secondary effects of adult entertainment uses, and not to inhibit freedom of speech.

The unrestrained proliferation and inappropriate location of such businesses is inconsistent with existing development and future plans for the city in that they often result in influences on the community, which increase the crime rate and undermine the economic and social welfare of the community. The deleterious effects of these businesses change the economic and social character of the existing community and adversely affect existing businesses and community and family life.

Adult entertainment uses are prohibited within:

No adult entertainment use shall be allowed within 500 feet of another existing adult entertainment use.

No more than one adult entertainment use shall be located on any lot.

The distances provided hereinabove shall be measured by following a straight line, without regard to intervening buildings, from the nearest point of the property parcel upon which the adult entertainment use is to be located to the nearest point of the parcel of property or the land use district boundary line from which the adult entertainment use is to be separated.

No adult entertainment use shall be conducted in any manner that allows the observation of any material depicting, describing or relating to specified sexual activities or specified anatomical areas from any public way or from any property not containing an adult entertainment use. This provision shall apply to any display, decoration, sign, show, window or other opening.

There shall be no outdoor sign, display or advertising of any kind other than one identification sign limited to only the name of the establishment.

Adult entertainment uses shall obtain site plan approval in accordance with this code.

Adult entertainment uses shall meet all other regulations of the city, including but not limited to district lot and bulk regulations, parking regulations and signage.

It shall be unlawful to operate an adult entertainment use between the hours of 12:00 midnight and 8:00 a.m.

The purpose of these supplemental regulations is to promote the health, safety and general welfare of the residents of the town, to provide standards for the safe provision of telecommunications consistent with applicable federal and state regulations, and to protect the natural features and aesthetic character of the city.

These regulations are not intended to prohibit or have the effect of prohibiting the provision of personal wireless services, nor shall they be used to unreasonably discriminate among providers of functionally equivalent services consistent with current federal regulations.

No transmission tower shall hereafter be used, erected, moved, reconstructed, changed or altered except after approval of site plan approval and in conformity with these regulations. No existing structure shall be modified to serve as a transmission tower unless in conformity with these regulations.

These regulations shall apply to all property within the city.

Exceptions to these regulations are limited to:

Where these regulations conflict with other laws and regulations of the city, the more restrictive shall apply, except for tower height restrictions, which are governed by these special use standards.

Site plan. An applicant shall be required to submit a site plan as described in the administration section of this code. The site plan shall show all existing and proposed structures and improvements, including roads, and shall include grading plans for new facilities and roads. The site plan shall also include documentation on the proposed intent and capacity of use as well as a justification for the height of any tower or antennas and justification for any land or vegetation clearing required.

Additionally, the city shall require that the site plan include a completed visual environmental assessment form (visual EAF) and a landscaping plan addressing other standards listed within this section with particular attention to visibility from key viewpoints within and outside of the municipality as identified in the visual EAF. The city may require submittal of a more detailed visual analysis based on the results of the visual EAF.

Shared use. At all times, shared use of existing towers shall be preferred to the construction of new towers. Additionally, where such shared use is unavailable, location of antennas on preexisting structures shall be considered. An applicant shall be required to present an adequate report inventorying existing towers within reasonable distance of the proposed site and outlining opportunities for shared use of existing facilities and use of other preexisting structures as an alternative to a new construction.

Setbacks. Towers and antennas shall comply with all existing setbacks within the affected zone. Additional setbacks may be required to contain on site substantially all icefall or debris from tower failure and/or to preserve privacy of adjoining residential and public property. Setbacks shall apply to all tower parts, including guy wire anchors, and to any accessory facilities.

Visibility. All towers and accessory facilities shall be sited to have the least practical adverse visual effect on the environment. Towers shall not be artificially lighted except to assure human safety as required by the Federal Aviation Administration (FAA). Towers shall be a galvanized finish or painted gray above the surrounding tree line and painted gray, green, black or similar colors designed to blend into the natural surroundings below the surrounding tree line unless other standards are required by the FAA. In all cases, structures offering slender silhouettes (i.e., monopoles or guyed tower) shall be preferable to freestanding structures except where such freestanding structures offer capacity for future shared use. Towers should be designed and sited so as to avoid, whenever possible, application of FAA lighting and painting requirements. Accessory facilities shall maximize use of building materials, colors and textures designed to blend with the natural surroundings.

Existing vegetation. Existing on-site vegetation shall be preserved to the maximum extent possible, and no cutting of trees exceeding four inches in diameter (measured at a height of four feet off the ground) shall take place prior to approval of the special permit use. Clear cutting of all trees in a single contiguous area exceeding 20,000 square feet shall be prohibited.

Screening. Deciduous or evergreen tree plantings may be required to screen portions of the tower from nearby residential property as well as from public sites known to include important views or vistas. Where the site abuts residential or public property, including streets, the following vegetative screening shall be required. For all towers, at least one row of native evergreen shrubs or trees capable of forming a continuous hedge at least 10 feet in height within two years of planting shall be provided to effectively screen the tower base and accessory facilities. In the case of poor soil conditions, planting may be required on soil berms to assure plant survival. Plant height in these cases shall include the height of any berm.

Access and parking. A road and parking will be provided to assure adequate emergency and service access. Maximum use of existing roads, public or private, shall be made. Road construction shall be consistent with standards for private roads and shall at all times minimize ground disturbance and vegetation cutting to within the toe of fill, the top of cuts, or no more than 10 feet beyond the edge of any pavement. Road grades shall closely follow natural contours to assure minimal visual disturbance and reduce soil erosion potential. Public road standards may be waived in meeting the objectives of this subsection.

Removal upon abandonment. Such conditions may include provisions for dismantling and removal of towers and accessory facilities upon abandonment of use.