Italy Town City Zoning Code
ARTICLE XV
General Regulations
§ 350-97 Open porches.
In determining the size of yards for the purpose of this chapter, porches or carports, open at the sides but roofed, shall be considered a building or part of a building.
§ 350-98 Corner visibility.
In any zoning district no structure, fence or planting over three feet in height, measured from the center of the adjacent road or highway, shall be maintained on any corner lot within a triangular area formed by the lot lines along the street to a point on such lines a distance of 30 feet from their intersection and a line connecting such points. Any fence or planting that does not conform to the requirements of this section shall be made to conform within one year from the date this chapter becomes effective. This excludes mailboxes.
§ 350-99 Abandoned cellar holes and destroyed or derelict buildings.
A.
If excavation for a building or facility has begun, but no structure has been built by the time one year has elapsed, any such excavation shall be covered over or refilled to the normal grade by the owner.
B.
Any building or facility substantially destroyed by any cause shall be rebuilt or demolished within one year. For the purpose of this chapter, "substantially destroyed" shall mean damage in excess of 50% of the replacement cost of the building or facility in its entirety.
C.
Any excavation or cellar hole remaining after the demolition or destruction of a building or facility from any cause shall be covered over or filled by the owner within one year.
D.
Fencing or similar safety measures shall be provided around excavations, derelict buildings or facilities, damaged structures, construction sites and other hazardous sites, immediately upon the determination by the Code Enforcement Officer that such action is necessary in the interest of public safety.
E.
If a property owner fails to comply with any of the provisions of this section, they shall be subject to the penalties provided for in Article XI, §§ 350-65, 350-66 and 350-68.
F.
This section excludes any and all structures deem to have historical value and/or significance by the Town Historian.
§ 350-100 Abandoned wells.
Any abandoned well, cesspool, septic tank or other underground tank or chamber shall be backfilled, covered or otherwise secured in a manner that precludes unauthorized or accidental entry or entrapment.
§ 350-101 Prohibition against high-impact industrial uses.
[Added 12-13-2016 by L.L. No. 1-2017]
No land in the Town shall be used for: uses or operations that are likely to generate cumulatively (in aggregate) five or more points from any of the impacts defined under "high-impact industrial use" in § 350-3 of this chapter at any time during such use or operation.