Lumberland Town City Zoning Code
ARTICLE V
General Supplementary Regulations
§ 250-28 Applicability.
Unless specified to the contrary elsewhere in this chapter, the regulations and requirements specified in this Article V apply in each and every zoning district within the Town.
§ 250-29 General construction and bulk requirements.
A.
Abandonment of construction; unfenced excavation. No later than three months following the completion or cessation of a construction project, or the demolition or abandonment of a building or structure, all construction materials shall be removed from the site and excavation filled to normal grade. Unfenced excavation may not be carried out for a period in excess of 10 days.
B.
Access to structures. Every building hereafter erected or moved shall be on a lot adjacent to a public street or with access to an approved private street, and all structures shall be so located on lots as to provide safe and convenient access for servicing, fire protection, and required off-street parking.
C.
Accessory buildings. A permitted accessory building may be located in any required side or rear yard; provided, however, that such building:
(1)
May not exceed the height of the principal building;
(2)
Shall be set back no less than 10 feet from any lot line and no less than 10 feet from the principal building; and
(3)
May not be located in the front yard setback.
D.
Corner lots.
(1)
Street frontages. On a corner lot, front yard setbacks are required on both street frontages (that is, the yard depth on both streets shall be equal to the required front yard for adjoining properties on both streets), and one yard other than such front yards shall be deemed to be the rear yard and the other a side yard.
(2)
Visual obstruction free area. On a corner lot, no obstructions to vision, including but not limited to walls, signs, brush, landscaping, dense low trees, or earth, in any case over three feet high, shall be permitted at street intersections within a triangle formed by the intersections of street corner lines and a line drawn down between points along such lines 50 feet distant from their point of intersection. The following diagram illustrates the minimum required visual obstruction-free area:
 |
E.
Cul-de-sac lots. The minimum lot width of new lots fronting on a cul-de-sac may be reduced to 75 feet at the edge of the right-of-way, provided the width at the building setback line meets applicable minimum lot requirements.
F.
Fences and walls.
(1)
Permitted fences and walls. Except as otherwise provided in this Subsection F, in every district fences and walls up to six feet in height are permitted as of right in all locations, including yards, setbacks and buffer areas. In any event, fences and walls: a) may not exceed eight feet in height from the ground level, with the exception of fencing required for telecommunications facilities as set forth in § 250-48H(12) below; b) shall conform to applicable corner lot requirements; and c) except in the case of fences and walls utilized in connection with lawful agriculture use, shall provide for emergency equipment access; and the use of barbed wire or electrification shall be prohibited except as provided in Subsection F(5) below. Subject to applicable corner lot restrictions and to the first sentence of this paragraph, fences and walls up to eight feet in height are permitted as of right in all locations, including yards, setbacks and buffer areas, for lawful agriculture use.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
(2)
Height limitations along streets. Fences and walls that have any portion located less than 10 feet from a street right-of-way shall have a maximum height as to such portion of three feet.
(3)
Building permit required. Building permits are required for fences and walls exceeding six feet in height.
(4)
Calculation of height. Fence and wall heights shall be measured vertically from the natural grade to the top of the fence or wall at each point along the fence or wall.
(5)
Barbed wire. Notwithstanding the provisions of Subsection F(1), barbed wire shall be permitted on Rural Residential District (RR) lots of 25 acres or more in conjunction with the lawful raising of large animals such as cows and horses and on fencing required for telecommunications facilities as set forth in § 250-48H(12).[2]
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
(6)
Finished side facing out. Fences shall be erected with the finished side (if any) facing the street and abutting properties, and with backers, supports and posts on the inside of the fence, unless they constitute an integral part of the finished side or unless the fence is of the type that requires posts to be placed in an alternating pattern inside and outside the fence to maintain stability.
(7)
Common lot line. A fence or wall may be built up to a common lot line but may not encroach on the adjoining property nor interfere with adequate sight distance for vehicles exiting from driveways on the parcels sharing the common lot line.
G.
Height requirements, exemption. Otherwise applicable height restrictions shall not apply to spires, belfries, cupolas, chimneys or approved small wind energy facilities or solar collectors, and shall not apply to approved freestanding telecommunications facilities that are no higher than 200 feet tall, or to approved telecommunications facilities attached to an existing building where such facility is no more than 50 feet higher than the top of such building; provided, however, that the foregoing is not intended and shall not be construed to permit or allow any use within any district where such use is otherwise prohibited.
H.
Minimum habitable floor area; no habitable basement rooms in multifamily dwellings without separate ingress and egress. No dwelling shall have a habitable floor area of less than 720 square feet, except that accessory apartments and care cottages detached from the owner-occupied single-family dwelling to which they are accessory but located over or otherwise attached to a garage which is accessory to the principal owner-occupied single-family dwelling shall have a minimum habitable floor area of 500 square feet. No habitable rooms shall be permitted in basements or cellars of multifamily dwellings except where a separate outside entrance is provided for each such room.
I.
Residential front yard grade. Surface grade of residential front yards, measured at the midpoint of a residence front wall, shall be at least one foot above the elevation of the street center line, unless the Code Enforcement Officer determines that adequate site drainage is provided.
J.
Setback, yard compliance. Every part of a required yard shall be open from its lowest point to the sky, unobstructed by structures, except that when determining compliance fences not exceeding legal height, chimneys, open trellises, uncovered steps, terraces no higher than one foot from ground level, overhanging canopies attached to a principal or lawful accessory building and not extending more than 10 feet into the yard in question, and overhanging roofs not extending more than two feet into the yard in question shall be disregarded.
K.
Setback prohibitions: no carports, etc., in required yards or setbacks. Without limiting the generality of the foregoing, the following structures may not be located within required yards or setbacks:
(1)
Metal or any other carports supported by poles or tubes and designed to stand alone from another structure, whether or not anchored to the ground; and
(2)
Except as permitted pursuant to § 250-49 of this chapter, portable storage units.
L.
Setbacks, additional. Where a commercial, light-impact industrial use, or manufacturing use is contiguous to an existing residential use in any district (contiguous in this context to include being situated on the opposite side of a roadway), the Planning Board may require that the minimum front, side and rear yards be increased by up to 50% of what would otherwise be required for such commercial, light-impact industrial, or manufacturing use. The Board may also require, for the purpose of separating such incompatible activities or shielding the residential use from negative impacts, that a buffer consisting of a solid fence of wood and/or a twenty-foot-wide dense evergreen planting not less than six feet high be maintained, unless the properties are in the same ownership or the full width of the yard is already wooded.
§ 250-30 Landscaping plans and standards.
A.
Purpose of landscaping plans and standards. The purpose of this § 250-30 is to provide specific standards to be applied to the design of nonresidential sites or structures and other types of land uses in the Town that would undergo special use permitting or site plan review or require a variance, in order to promote the orderly physical development of the community, ensure the health and safety of the public, conserve the natural and scenic resources and rural character of the community, and to minimize the negative environmental impact of such development.
B.
Landscape plan minimum requirements. Any landscape plan to which this section is made applicable shall specify locations of all mature shade trees or other species of six-inch caliper or greater (at breast height) and indicate existing vegetation to be removed or preserved. It shall demonstrate how building materials, colors and textures will be blended with the natural and man-made landscape. It shall also include visual depictions of the proposed landscape from the perspective of persons who will view the site from the roadway or adjoining properties. Specific locations, varieties, sizes, winter hardiness, and schedules for all proposed plantings shall be provided as part of the plan. Landscape plans shall be prepared by a New York State licensed landscape architect or other design professional qualified to perform such services and shall include consideration of all man-made and natural features, including signs.
C.
Consultants for review of landscape plan. The Planning Board, in reviewing a landscape plan, may employ the assistance of a design professional and may seek the nonbinding advice of interested civic organizations concerned with community beautification. The Board shall also specifically consider the following before approving, approving with modifications, or disapproving a landscape plan:
(1)
The plan should preserve vegetation to the maximum extent possible, enhance the appearance of the property, and complement the character of the surrounding area;
(2)
The plan should use landscaping to delineate or define vehicular and pedestrian ways and open space;
(3)
The plant material selected should be of complementary character to buildings, structures and native plant species, and be of sufficient size and quality to accomplish its intended purpose;
(4)
The plan should effectively buffer the activity from adjoining land uses as may be necessary and soften the impact of other site development as contrasted with the natural environment;
(5)
The plan should be realistic in terms of maintenance and should use materials which, at a minimum, are winter hardy for the Town;
(6)
The plan should not include plant species known to be invasive (see list at Article XIII of this chapter); and
(7)
To the extent applicable, the plan shall reflect compliance with the standards set forth in this § 250-30.
D.
Landscaping requirements. All new landscaping to which this § 250-30 is made applicable shall meet the following minimum specifications:
(1)
The minimum branching height for all shade trees shall be six feet.
(2)
Shade trees shall have a minimum caliper of 2 1/2 inches (at breast height) and be at least 12 feet in height when planted.
(3)
Evergreen trees shall be a minimum of six feet in height when planted.
(4)
Shrubs shall be a minimum of 24 inches in height when planted and shall form a continuous visual screen within two years of planting.
(5)
A buffer screen at least 15 feet in width along any residential lot line shall be provided.
(6)
A landscape strip of at least 15 feet in width, that includes at least one deciduous tree for every 35 linear feet of perimeter lot line, shall be required for any nonresidential use.
(7)
All lot area (except where existing vegetation is preserved) shall be landscaped with grass, ground cover, shrubs, or other appropriate similar cover.
(8)
Preservation of the majority of mature shade trees shall be required within required yard areas. Trees preserved pursuant to this Subsection D(8) may additionally be applied toward satisfaction of the other requirements of this § 250-30, provided that the Code Enforcement Officer or the Planning Board, as the case may be, determines the purpose of this § 250-30 will be achieved thereby.
(9)
The buffer screen contemplated by the preceding Subection D(5) shall include, at a minimum, either an opaque wooden stockade fence six feet in height, and one evergreen tree for every 15 linear feet of property line, or, in lieu of the stockade fence, an additional row of evergreens offset so that each row serves to place trees between the gaps of the other. No stockade or similar fence, however, may exceed eight feet of height.
(10)
No fence shall be constructed so as to interfere with the views from or admission of light to an adjoining residential property.
(11)
The shade trees contemplated by this section shall be accompanied by smaller shrubs and ground cover as may be required to effectively separate and buffer the activity from the roadway while still allowing for visibility of the use. The widths of this buffer may be reduced along the rear and side lot lines for good cause, but not along the front lot lines.
E.
Waiver by Planning Board of landscaping requirements. Where it is determined that a proposed special use or other matter to which the requirements of this § 250-30 is made applicable would not have a significant impact on the natural environment, adjoining landowners, or the view from a public roadway, these requirements may be appropriately modified for good cause shown but may not be waived unless no new construction is involved.
F.
Performance guarantee for landscaping requirements. The Planning Board, in reviewing a landscape plan, may as a condition of approval require a performance guarantee in the amount of 125% of the cost of materials and installations to assure that all landscaping survives in a healthy condition for at least one full year and that any required fencing is properly maintained. The Code Enforcement Officer shall have the authority to determine and confirm the amount of such costs and shall report such determination to the Planning Board. The Code Enforcement Officer shall have the right, upon reasonable prior notice to the property owner, to enter upon the property or send as his agent a New York state licensed landscape architect, whose fee will be paid by the applicant, to inspect the landscaping and, after notifying the owner of any deficiencies, to require that the performance guarantee be accessed to pay for the replacement of any dead, dying, diseased, stunted or infested plant materials or defective fencing. The requirement to maintain such fencing and landscaping shall continue beyond the period of the guarantee, and the Code Enforcement Officer may proceed as provided herein to remedy any deficiencies in this regard.
§ 250-31 Performance standards for all uses.
No use shall hereafter be established, altered, moved or expanded unless it complies with the performance standards set forth in this § 250-31. Continued conformance with these standards, once applicable, shall be a requirement for the continuance of any certificate of occupancy. These performance standards set specific controls on potential objections to negative external impacts from the operation of a use.
A.
Containment devices. All activities involving the possibility of contamination of surface water or groundwater shall be required to have safety devices adequate to prevent any such contamination.
B.
Flammable or explosive materials. All activities involving the manufacturing, production, storage, transfer or disposal of flammable or explosive materials shall require the provision of adequate safety devices against the hazard of fire and explosion. Firefighting and fire suppression equipment and devices shall comply with any applicable National Fire Protection Association guidelines.
C.
Electrical disturbance. No activities shall be permitted which emit perceptible electrical disturbance or electromagnetic interference adversely affecting the operation of any equipment other than that of the creator of such disturbance, unless federal or state regulations mandate that such operation be permitted.
D.
Freeboard. Freeboard for all new buildings and substantial improvements (i.e., all new buildings and their furnaces, utilities, ductwork, etc.) must be elevated or floodproofed to a level at least two foot above the base flood elevation.
E.
Lighting.
(1)
Purpose. Appropriately regulated and properly installed outdoor lighting will contribute to the safety and welfare of the residents of the Town. Accordingly, this § 250-31 is intended to assist property owners in their efforts to provide a safe and secure environment, control energy costs and keep unnecessary direct light from shining onto abutting properties or streets. It is also intended to reduce the problems of glare, minimize light trespass, and help reduce the energy and financial costs of outdoor lighting by establishing regulations which limit the area that certain kinds of outdoor lighting fixtures may illuminate and by limiting the total allowable illumination on lots located in the Town.
(2)
Spillover and glare. All lighting shall be designed so as to avoid unnecessary, bothersome or unsafe spillover of light and glare onto operators of motor vehicles, pedestrians and land uses in proximity to the light source.
(3)
Lighting standards.
(a)
Unless otherwise specifically provided herein, light sources shall comply with this subsection, including the following standards:
Type of Light Sources | Maximum Illumination Permitted at Property Line (footcandles) | Maximum Permitted Height of Light (feet) | |
|---|---|---|---|
Globe light | 0.20 | 15 | |
> 90% cutoff | 0.75 | 25 | |
< 90% cutoff | 2.00 | 30 |
(b)
No direct or sky-reflected glare, whether from floodlights or from high-temperature processes such as combustion or welding or other sources, so as to be visible at the property line, shall be permitted.
(4)
Illumination of walkways and outdoor areas. In order to better assure that walkways, parking lots and other outdoor areas accessible to the general public are safely illuminated at night, the following minimum standards for outdoor lighting levels shall be adhered to. These outdoor lighting levels are the minimum levels that are generally considered adequate for the designated areas. Individual site lighting requirements can vary considerably, however, and property owners are ultimately responsible for ensuring that adequate illumination of outdoor areas is provided. Any lights used to illuminate the exterior of a single-family, two-family, multifamily, dormitory or other group residence, or manufactured home park, or a commercial, industrial, or other nonresidential space or parcel, including buildings, signs and other structures, parking and pedestrian areas and landscaping, shall be designed and installed such that:
(a)
Any luminaire with a lamp or lamps rated at a total of more than 1,800 lumens, and any flood or spot luminaire with a lamp or lamps rated at a total of more than 900 lumens, shall not emit any direct light above a horizontal plane through the lowest direct light-emitting part of the luminaire;
(b)
Any luminaire with a lamp or lamps rated at a total of more than 1,800 lumens, and any flood or spot luminaire with a lamp or lamps rated at a total of more than 900 lumens, shall be mounted at a height equal to or less than the value 3 + (D/3), where D is the distance in feet to the nearest property boundary; and
(c)
The maximum height of the luminaire may not exceed 25 feet.
(5)
Exceptions. Exceptions to the above shall be:
(a)
Any luminaire with a lamp or lamps rated at a total of 1,800 lumens or less, and any flood or spot luminaire with a lamp or lamps rated at 900 lumens or less, may be used without restriction as to light distribution or mounting height, except that if any spot or flood luminaire rated 900 lumens or less is aimed, directed or focused such as to cause direct light from the luminaire to be directed toward residential buildings on adjacent or nearby land, or to create glare perceptible to persons operating motor vehicles on public ways, the luminaire shall be redirected or its light output controlled as necessary to eliminate such conditions.
(b)
Luminaires used for public roadway illumination may be installed at a maximum height of 25 feet and may be positioned at that height up to the edge of any bordering property.
F.
Noise, vibrations, odors. All activities must comply with Chapter 185, Noise (Local Law No. 1 of 1990), as the same may be amended from time to time. Sounds emitted at levels lower than those prohibited by Chapter 185, Noise, shall not be permitted if, because of the type or frequency of the noise emitted, such sounds are offensive, disruptive or in continual disharmony with the character of an adjoining or nearby residential neighborhood. No vibration shall be permitted which is detectable without instruments at the property line. Odors from any use shall not be discernible at or beyond the property line to the extent that they are reasonably obnoxious to a surrounding inhabitant within 500 feet of the property line.
G.
Open burning. Burning of waste materials in an open fire shall be prohibited.
H.
Radiation. No activities shall be permitted which emit dangerous radioactivity.
I.
Safety plan. Details of any potential hazards and planned safety and accident and containment response actions shall be provided by the applicant; and if approvals are granted, then, along with any other required conditions, the Planning Board may require that greater front, side and rear yards and/or fencing be provided by the applicant.
J.
Smoke, dust and other air pollution.
(1)
There shall be no measurable emission of smoke, gas or other atmospheric pollutant, except and unless as authorized by a permit granted pursuant to applicable state and federal regulations which are not lawfully superseded or preempted by any applicable Town permit or law, including this chapter. In any event, the emission of one smoke unit per hour and smoke with discernible density of No. 2 on the Ringelmann Smoke Chart shall be prohibited. For the purpose of grading the density of smoke, the Ringelmann Smoke Chart or EPA Method 9 or 22 shall be used to determine the total smoke emitted. Where the Ringelmann method is used, a reading shall be taken every minute for an hour or, if for a shorter period than an hour, until the total smoke emitted exceeds that allowed by these regulations. Each reading shall be multiplied by the number of minutes during which it was observed and the product added.
(2)
Notwithstanding any provision hereof to the contrary, including without limitation the preceding Subsection J(1), no emission of fly ash, dust, fumes, vapors, gases or other forms of air pollution 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. Pollutants that are not regulated by the EPA or the DEC shall not be emitted if they pose a substantial risk to public health, safety or welfare.
(3)
Properties shall be suitably improved and maintained with appropriate landscaping, paving or other materials to minimize windblown dust and other particulate matter.
§ 250-32 Parking, loading and access standards.
A.
Purpose and intent of parking, loading and access standards. It is the intent of this § 250-32. that all structures and land uses be provided with a sufficient amount of off-street parking, loading and access, while allowing for some flexibility of site design to accommodate the unique characteristics of individual properties. The Town finds that large and highly visible parking lots represent one of the most objectionable aspects of commercial development. Such large and highly visible parking lots damage the historic layout and architectural fabric of the surrounding area, interfere with pedestrian safety and accessibility, and reduce the quality of life in developed areas. The Town also recognizes that inadequate parking can also diminish the quality of life by creating traffic congestion, safety hazards and inconvenience. The Town therefore seeks in this § 250-32 to balance the need for adequate parking with the need to minimize harm resulting from the provision of parking and to avoid the negative impacts of excessive parking lot construction.
B.
Provision of parking. Except as otherwise provided herein, off-street parking facilities shall be provided as indicated in connection with every use, substantial change in use, construction, conversion or increase in intensity of use of buildings or structures. The number of off-street parking spaces for uses not listed in this Subsection B will be determined by the Planning Board based on a parking study provided by the applicant. For the uses listed in Table 250-32B, the minimum amount of parking should be constructed, but the project site must maintain a reserve area able to accommodate the maximum number of spaces. Off-street parking spaces shall be required in the amounts shown on Table 250-32B, calculated per 1,000 square foot of gross floor area (unless otherwise indicated).
Table 250-32B Parking Requirements | |||
|---|---|---|---|
Land Use | Maximum Number of Parking Spaces | Minimum Number of Parking Spaces | |
Bank or other financial institution | 3 | 2 | |
Drive-through restaurant | 9 | 2 | |
Freestanding (single store) retail | 3 | 1 | |
General office | 5 | 2 | |
Medical office building | 9 | 2 | |
Nursing home | 3 | 2 | |
Restaurants, other than drive-through | 11 | 6 | |
Bed-and-breakfast | 2 spaces per guest room or suite, plus 2 spaces for owner/operator | 1 space per guest room or suite, plus 1 space for owner/operator | |
Service establishment | 3 | 2 | |
Day-care centers | 1 space per 4 children at maximum capacity | 1 space per 8 children at maximum capacity | |
Churches, places of worship, funeral homes | 1 space per 3 seats in portion of the building used for services | 1 space per 5 seats in the portion of the building used for services | |
Museums and libraries | 2 | 1 | |
Social, fraternal clubs, organizations | 4 | 3 | |
Elementary, middle and high schools | 1 space per 3 seats in the auditorium | 1 space per 5 seats in the auditorium | |
Hotels and motels | 2 spaces per guest room or suite | 1 space per guest room or suite | |
Warehouse | 1 | 1 | |
Self-service warehouse | 1 space per 10 compartments | 1 space per 20 compartments | |
Home-based business | 4 per dwelling unit, plus 1.5 per nonresident employee | 2 per dwelling unit, plus 1 per nonresident employee | |
Commercial kennel | 3 | 1 | |
Automotive and vehicle sales (includes rental agency) | 3 | 1 | |
Automotive and vehicle repair and/or service station | 4 | 2 | |
Indoor recreation facilities | 5 | 5 | |
Dwelling, one-family | 2 spaces per dwelling unit | 1 per dwelling unit | |
Dwelling, two-family | 2 spaces for the first dwelling unit, 1 space for the second | 1 per dwelling unit | |
Dwelling, multifamily | 1.5 spaces per dwelling unit | 1 per dwelling unit | |
Dwelling, manufactured home | 2 spaces per dwelling unit | 1 per dwelling unit | |
C.
Modification of off-street parking standards for good cause shown.
(1)
This section articulates standards for conditions under which a waiver or exception from the general parking requirements may be allowed by the Planning Board.
(2)
If the applicant believes that the required number of parking spaces is in excess of what is needed for the proposed use or if the applicant desires to construct more than the maximum number of otherwise allowed spaces, the applicant may submit a request with justification to the Planning Board for a waiver or exception from the parking space requirements. The Planning Board may require the submission of a parking demand analysis as part of any request for a waiver or exception from the general parking requirements.
(3)
The Planning Board may authorize a waiver or exception from the number of otherwise required parking spaces upon a finding that all of the following criteria are satisfied:
(a)
In the case of a reduction in the number of otherwise required spaces, that:
[1]
The reduction will not adversely affect traffic flow on the site;
[2]
The reduction will leave adequate parking for all of the reasonably anticipated uses or occupancies of the project; and
[3]
That the reduction will not otherwise adversely affect the general welfare of the community.
(b)
In the case of an increase beyond the otherwise maximum number of spaces, that:
[1]
All other requirements of this Subsection C are complied with, including without limitation the parking lot stormwater management and landscape standards contained herein; and
[2]
The increase will not otherwise adversely affect the general welfare of the community.
(4)
If the Planning Board permits any such change in the number of required parking spaces, the Planning Board may impose such reasonable conditions as may in the Board's judgment be necessary or appropriate.
D.
Location of off-street parking. Except as provided below with respect to dwelling units, there shall be no parking in any required front, side or rear yard setback or buffer zone. With respect to dwelling units, not more than two parking spaces per dwelling unit shall be located in required front yard areas, and under no circumstances shall more than four parking spaces for the entire building be located in any required front yard area. Front yards (required or otherwise) shall in no event be used for storage of abandoned or disabled vehicles.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
E.
Parking space design standards. The minimum allowable dimension of a parking space shall be 10 feet wide by 20 feet long. Travel aisles for vehicles within a parking lot shall be a minimum of 24 feet in width for aisles intended for two-way traffic. Where angled parking with one-way traffic circulation is proposed, the minimum aisle width shall be 13 feet if the angle of the parking spaces is 45° from the perpendicular and 18 feet if the angle of the parking spaces is 60° from the perpendicular. All parking areas shall be paved, surfaced or covered with gravel so as to be well-drained and shall be maintained in a well-kept condition.
F.
Handicapped accessible parking. All off-street parking areas shall include paved handicapped accessible parking spaces as herein provided. Accessible parking spaces shall be at least 15 feet wide, including eight feet of cross hatch to accommodate wheelchair lifts. Handicap accessible parking spaces and access aisles shall be level, not exceeding two-percent slope in all directions. Handicap accessible parking spaces shall be located so as to be the most convenient spaces in the lot and shall be provided in the following amounts relative to the total number of spaces provided in the parking area:
Total Parking Spaces in Lot | Required Accessible Spaces | |
|---|---|---|
1 to 15 | 1 | |
16 to 50 | 2 | |
51 to 75 | 3 | |
76 to 100 | 4 |
G.
Parking for mixed-use developments. In mixed-use developments (i.e., a combination of allowed residential, commercial, or light-impact industrial uses on the same lot or in the same building) or developments where parking is affected by cooperative agreements between different land uses, for any proposed use, substantial change in use, construction, conversion or increase in intensity of use of any buildings or structures, the applicant shall submit a parking demand analysis that demonstrates parking demand patterns. The parking demand analysis must be acceptable to the Planning Board as to form and content and may be utilized by the Planning Board in connection with its determination of required parking at the mixed-use site.
H.
Off-street loading.
(1)
Loading and unloading of vehicles shall not be permitted on public rights-of-way. Adequate off-street loading and unloading berths shall be provided for any commercial, institutional, manufacturing, wholesale use or other nonresidential use. Loading docks and service areas shall be located in a manner that minimizes visual intrusion on public spaces and ensures pedestrian and automobile safety by separating truck traffic and loading operations from pedestrian and automobile circulation. Where appropriate, loading docks shall be screened by walls extending from a building face or placed within arcades or other architectural features designed to blend them in with the architecture of the building. Any land which is developed as a unit under single ownership and control shall be considered a single lot for the purpose of these requirements and at least one such berth shall be provided for each lot. In the case of any use requiring a special use permit or site plan review, additional berths may be required by the Planning Board.
(2)
Each required loading berth shall be at least 12 feet wide, 65 feet long and 14 feet high or uncovered. All permitted or required loading berths shall be on the same lot as the use to which they are necessary and shall not include any one area used to meet parking requirements.
I.
Access requirements to parking spaces. Access to and from all off-street parking, loading and vehicle service areas along public rights-of-way shall consist of well-defined separate or common entrances and exits and shall comply with the following provisions:
(1)
Sight distance. Access drives shall not open upon any public right-of-way line of any intersecting public street or highway where the sight distance in either direction would be less than required by town, county or state regulations applicable to the same.
(2)
Entrance and exit. There shall be no more than one entrance and one exit to any business or parking area on any one public right-of-way unless topography or other physical features dictate the use of more than one access for safety reasons. Each entrance and exit shall be clearly defined with curbing, fencing or vegetative screening so as to prevent access to the area from other than the defined entrances and exits. In no case shall one entrance and exit be located within 80 feet of any other on the same property or adjoining property along the same public right-of-way.
J.
Shared parking. The Town encourages parking lots for different structures or uses or for mixed uses to be shared in any zoning district in which uses are allowed. At the applicant's request, shared parking, including a reduction in required spaces to the extent contemplated by Subsection K below, may be evaluated for approval by the Planning Board. Any such approval shall be upon conditions that the Planning Board may reasonably prescribe, but in any event shall be subject to the following provisions:
(1)
A reciprocal easement or other written agreement has been executed by all the parties concerned that assures the perpetual joint use of such common parking, a copy of which has been submitted to and is acceptable in form and content to the Town Attorney.
(2)
The Planning Board may require the applicant to provide a parking study with information to evaluate the application for approval of the shared parking arrangement. This information shall include, without limitation:
(a)
The type and hours of operation and parking demand, for each use;
(b)
A site plan displaying shared use spaces in the lot;
(c)
A description of the character of land use and parking patterns of adjacent land uses; and
(d)
An estimate of anticipated turnover in parking space use over the course of a typical twelve- to twenty-four-hour parking cycle at the site.
(3)
Parking spaces to be shared may not be reserved for individuals or groups on a twenty-four-hour basis.
(4)
Uses sharing a parking facility need not be contained on the same lot, but each use shall be a maximum of 500 feet from the closest parking space in the lot providing shared spaces. A waiver of the maximum allowable distance between the use and associated shared parking may be approved by the Planning Board for good cause shown with written justification and supporting information provided by the applicant.
(5)
Uses sharing a parking facility shall provide for safe, convenient walking between uses and parking, including safe, well-marked pedestrian crossings, signage and adequate lighting.
(6)
If the conditions justifying any approved shared parking change or the shared parking arrangement is discontinued for any reason, the applicant shall notify the Code Enforcement Officer of the same, and a violation of this chapter shall exist with respect to any use approved upon the condition of such shared parking.
K.
Reduction in required number of parking spaces for shared parking. Where shared parking among a mix of land uses is otherwise approved by the Planning Board, upon request of the applicant the Planning Board may allow the following:
(1)
Up to 30% of the parking spaces required for the predominant use on a site may be shared with other uses operating during the same time of day and days of the week. The predominant use shall be that use which requires the most parking of those sharing the parking facilities.
(2)
Up to 75% of the parking spaces required for uses such as theaters, public auditoriums, nightclubs, movie theaters, and similar predominantly evening uses may be shared with uses such as banks, offices and similar predominantly daytime uses.
(3)
Up to 75% of the parking spaces required for uses such as churches and other uses typically in operation primarily during the weekend may be shared with uses such as medical offices, banks and other similar uses predominantly in operation on weekdays.
L.
Parking spaces held in reserve. For phased developments, the Planning Board may approve an applicant request that up to 50% of otherwise required parking spaces will not be immediately constructed and may be kept in reserve. Such reserve parking areas must be kept planted and maintained and may not be paved or utilized for other uses until such time as the additional parking space is necessary to serve completed phases of the associated development. No aboveground improvements shall be placed or constructed upon such reserve parking area. The area designated as reserve parking shall be clearly depicted on the phased development site plan and the terms and conditions of phasing of the parking area completion, as determined by the Planning Board, shall be clearly set forth in notations on the approved site plan.
M.
Design standards for parking lot stormwater management.
(1)
In addition to complying with any other requirements of this chapter and all other applicable laws pertaining to stormwater pollution prevention plans, parking lot stormwater management systems shall be designed, constructed and maintained in accordance with best management practices to reduce degradation of water quality, minimize runoff volumes, prevent flooding, reduce soil erosion, protect water quality, maintain or improve wildlife habitat, and contribute to the aesthetic values of the project, and to achieve the goal of no net stormwater runoff from the site. No net runoff means that the volume of runoff from the site after development does not exceed the volume of site runoff that existed prior to development.
(2)
Without limiting the generality of the foregoing, parking lot stormwater management systems shall comply with the following general standards:
(a)
Infiltration of stormwater shall be accommodated to the extent possible through limitation of land disturbance and grade changes, retention of existing natural drainage areas and wetlands, and use or creation of vegetated perimeter buffer strips.
(b)
All stormwater detention and conveyance structures shall be constructed to control the post-development peak discharge rates from ten-, twenty-five- and one-hundred-year storms to the corresponding predevelopment peak discharge rates.
(c)
Site plans shall include information regarding all existing and proposed landscaping and stormwater management structures and features.
(d)
Natural drainage patterns shall be maintained to the extent practicable. The applicant must demonstrate through information provided on and in association with the proposed site plan, the existing and proposed drainage patterns and calculated flows.
(e)
Parking lot drainage shall be designed so that all surface runoff (both piped and overland flow) is conveyed through a vegetated swale, vegetated filter strip, created wetlands, rain gardens, or detention basins with biofiltration prior to discharge into existing wetlands, streams, ponds or other water bodies.
(f)
The use of native grasses and small-diameter wood-stemmed shrubs is encouraged as plantings for all vegetated strips, created wetlands, rain gardens, or detention basins with biofiltration.
(g)
There shall be no direct discharge of untreated stormwater to any natural wetland or water body.
(h)
Stormwater runoff discharged to wetlands shall be diffused to nonerosive velocities prior to reaching any natural wetland based on calculations submitted with the application package.
(i)
The applicant must demonstrate that any receiving wetlands or water bodies have sufficient holding capacity.
(j)
The Planning Board may send any or all information provided on anticipated stormwater flow patterns and volumes and proposed stormwater management system to the Town Engineer and/or other consulting professional or agency for review and advisory comment.
N.
Landscaping requirements for parking lots. The landscaping requirements in this section are intended to maximize the natural areas retained in any parking lot in order to optimize natural infiltration of rainwater, intercept and manage stormwater runoff, and enhance aesthetics. Further to these goals, the following shall apply:
(1)
Developments with proposed parking areas of 15 spaces or more shall provide a minimum of 10% of the total parking lot area as landscaped or open space. Such required landscaped or open space may be provided in the form of islands, aesthetic landscape treatments, or pedestrian refuge/oasis areas and combinations thereof. Perimeter buffer between the parking lot and adjacent streets may be included as required landscaped or open space.
(2)
Developments with proposed parking areas of 25 or more spaces shall additionally provide landscaped islands of a minimum width of nine feet and 18 feet in length throughout the parking area, planted with a mix of shrubs and trees. Such islands shall be located as follows:
(a)
At each parking lot entrance;
(b)
At the ends of each parking aisle;
(c)
As intermediate islands in long rows of spaces, located every 15 spaces;
(d)
As separation between long rows of parking spaces where they abut other rows; and
(e)
As separation between pedestrian walkways and parking spaces and/or driving aisles.
(3)
All landscaped islands shall be situated below the grade of the parking spaces and driving aisles so that stormwater runoff flow is directed to and trapped by such islands.
(4)
A minimum of one deciduous or evergreen tree and two shrubs shall be planted on the parking lot islands for every 10 parking spaces. Trees and shrubs shall conform to the following standards:
(a)
Deciduous trees shall be planted at three inches in caliper (at breast height) with a mature height of at least 35 feet;
(b)
Evergreen trees shall be coniferous species planted at six feet in height;
(c)
Shrubs shall be either deciduous species planted at 2 1/2 feet in height or evergreen species planted at 2 1/2 feet in spread;
(d)
Trees and shrubs shall be situated such that they do not obstruct vehicle sight lines when at full growth; and
(e)
All landscaped islands shall be protected where they met the driving aisles with bollards.
(5)
Crushed stone and stone chips shall not be used.
O.
Pervious parking.
(1)
In all districts, off-street parking provided and maintained as paved/impervious surface shall be counted as part of the allowable lot coverage as specified in the Use Table.
(2)
Parking areas composed of pervious surfaces are encouraged for all land uses and lots, unless there are overriding environmental limitations, and may be provided to meet all or part of any required parking spaces on a lot. Twenty percent of such pervious surfaces shall be counted as part of the overall allowable lot coverage.
(3)
Measures that shall be considered to reduce the amount of impervious surfaces in all proposed parking lots include:
(a)
Provision of pervious parking stall surfaces;
(b)
Provision of pervious overflow parking;
(c)
Provision of pervious snow-storage space;
(d)
Conservation of existing natural areas, including trees on site; and
(e)
Minimization of clearing to the extent practicable while retaining access, sight distances, and safe vehicle flows.
P.
Bicycle and pedestrian accommodations in parking lots.
(1)
Purpose. To promote and support walking and bicycling to the extent possible throughout the community, parking lots must be designed to provide safe and convenient pedestrian and bicycle access as a part of any parking lot design, including safe and convenient movement to and from public walkways and/or bikeways, streets or transit stops.
(2)
Bicycle access design standard. A minimum of one bicycle parking space shall be provided for every 20 off-street automobile parking spaces. At a minimum, all bicycle parking spaces shall be provided in the form of bicycle racks with locking capability. Bicycle parking facilities shall be designed and installed to include:
(a)
Spaces that are a minimum of two feet by six feet per bicycle;
(b)
The minimum number possible of potential conflict points between bicycles and motor vehicles;
(c)
Lighting;
(d)
Provision for locking bicycles to the rack or bicycle locker;
(e)
Adequate spacing for access to the bicycle and locking device when the spaces are occupied; and
(f)
Where practicable, bicycle parking shall be located within view of building entrances or in view of windows and/or security personnel stations.
Q.
Pedestrian access design standards. Provision for safe and convenient pedestrian access shall be incorporated into landscaping plans for all parking areas and reflected/clearly shown on all site plans. Any parking lot designed, constructed and maintained as part of a development shall be:
(1)
Designed so that the flow of pedestrians can be directed through a system of convenient routes that brings them to central walkways leading to main entrances;
(2)
Constructed so that there is safe separation of all walkways from motor vehicle traffic through the use of raised sidewalks and/or landscaping between sidewalks and parking spaces and/or driving aisles;
(3)
Constructed so that safe, well-articulated pedestrian crossings demarcated with pavement markings, pedestrian warning signs, and lighting are provided that are a minimum of four feet in width;
(4)
Constructed to include plantings, benches, and lighting along walkways at all pedestrian crossings; and
(5)
Designed, constructed and maintained to accommodate disabled individuals per applicable Americans with Disabilities Act (ADA) requirements.
§ 250-33 Signs.
A.
Purpose and applicability of sign regulations. This chapter regulates all signs in the Town of Lumberland that are visible from the public highway right-of-way, public facilities, facilities, trails open to the public, and navigable waterways. The Town has a tradition and reputation as a community with a rich mix of land uses that blend into a landscape of high aesthetic quality. Depending on their size, numbers and character, signs may attract or repel visitors, affect the visual quality enjoyed daily by residents, affect the safety of vehicular traffic, and define the character of the area. Thus, aesthetic considerations impact economic values as well as public health, safety and welfare. Therefore, this chapter sets standards for the following purposes:
(1)
Maintain and enhance the visual quality of the community.
(2)
Improve pedestrian and motorist safety by minimizing distractions and obstacles to clear views of the road and of directional or warning signs.
(3)
Protect and enhance economic viability by assuring that the Town of Lumberland will be a visually pleasant place to visit or live.
(4)
Protect property values and private/public investments in property.
(5)
Protect views of the natural landscape and sky.
(6)
Avoid personal injury and property damage from structurally unsafe signs.
(7)
Provide businesses with effective and efficient opportunities for identification by reducing competing demands for visual attention.
(8)
Allow for expression by signage subject to reasonable regulation.
B.
Signs authorized without a permit. Subject to other applicable requirements and permits, the following signs are authorized without a sign permit:
(1)
Small signs. One sign per parcel, not illuminated, and not exceeding three square feet in sign area. No such sign may exceed a height of 42 inches above ground level. This sign may contain any lawful message.
(2)
Property protection signs. No more than one on each side of all corners that can be reasonably identified on the parcel. In addition, no more than two property protection signs in any 500 linear feet of each side of the protected area of a parcel. Such signs are to be limited in size to 1 1/2 square feet in area.
(3)
Real estate signs. One sign per parcel, not illuminated, and not exceeding 16 square feet in sign area. No such sign may exceed a height of 42 inches above ground level. Such signs must be removed within seven days after the closing or the signing of the rent or lease agreement.
(4)
Temporary signs. One sign per parcel, not illuminated, and not exceeding 16 square feet in sign area. No such sign may exceed a height of 42 inches above ground level. Temporary Signs may not be placed on a parcel for more than six months in any calendar year. These signs may carry any lawful message.
(5)
Governmental signs and governmental flags.
(6)
Directional signs. Directional signs do not require a permit; however:
(a)
Only one entrance/exit directional sign is allowed per legal driveway; and
(b)
A directional sign may not exceed 1.5 square feet of sign area.
(7)
Warning signs. Warning signs do not require a permit so long as the area of the sign does not exceed three square feet.
(8)
Historical, cultural and natural site signs. Signs erected by a government agency, which exclusively denote a recognized historical, cultural or natural site, do not require a permit so long as the area of the sign does not exceed three square feet, or the size of such sign is prescribed or authorized by state or federal law.
(9)
Banners. One banner per residential property parcel, not illuminated, and not exceeding nine square feet in sign area. Banners used on nonresidential property parcels are signs subject to the permitting provisions of this chapter.
C.
Signs authorized with a permit. Subject to the provisions of this chapter, upon application therefor, the Code Enforcement Officer shall issue sign permits in accordance with the following provisions:
(1)
Commercial/retail/industrial/manufacturing parcels.
(a)
Wall and ground signs. One wall sign and one ground sign are permitted on each commercial, retail, industrial or manufacturing parcel. Such signs shall not exceed 10% of the area of the front face of the building on a parcel or 100 square feet of sign area, whichever is less. Ground signs on such parcels may not exceed a height of 10 feet above ground level. Unless other provisions of this chapter require a greater distance, setbacks of ground signs from property lines shall be at least equal to the height of the sign.
(b)
Window signs. Signs may be placed inside the window areas of buildings used for approved retail uses. The sign area may not exceed 25% of the area of the window. Temporary signs shall be exempt from such window sign size restrictions.
(2)
Office parcels: wall or ground signs. One wall sign or one ground sign is permitted for each office parcel. Such signs shall not exceed 10% of the area of the front face of the building on the parcel or a sign area of 56 square feet, whichever is less. A ground sign may not exceed a height of five feet above ground level. Unless other provisions of this chapter require a greater distance, setbacks of ground signs shall be at least equal to the height of the sign.
(3)
Agricultural parcels.
(a)
Wall and ground signs. One wall or one ground sign per parcel with a total sign area not to exceed 20 square feet in total area is permitted. Unless other provisions of this chapter require a greater distance, ground sign setbacks shall be at least equal to the height of the sign. Ground signs may not exceed a height of five feet above ground level.
(b)
Temporary signs. Temporary signs relating to seasonal agricultural activities, i.e., crop variety trials, "pick your own berries" or produce sales, may not in aggregate exceed an additional sign area of 20 square feet or be used for more than six months in any calendar year. Such temporary signs may not exceed a height of five feet above ground level.
(4)
Forestland parcels. One wall sign or ground sign per parcel, with an area not to exceed 16 square feet, is permitted. A ground sign may not exceed a height of five feet above ground level. Unless other provisions of this chapter require a greater distance, ground sign setbacks shall be at least equal to the height of the sign.
(5)
Residential neighborhood identification signs. A residential neighborhood is permitted to have one residential neighborhood identification sign for each entrance street. Such signs shall not extend into any public right-of-way. The sign area of the sign shall not exceed 12 square feet. The area of the structural supporting elements shall not exceed 50% of the area of the sign. The height of the sign may not exceed five feet above ground level.
(6)
Residential parcels. A nondwelling use in a residential area, such as a school, a religious facility, an institutional use, a clubhouse, etc., is permitted to have one ground sign and one wall sign, neither of which shall exceed 12 square feet in area. The area of the structural elements supporting a ground sign shall not exceed 50% of the area of the message portion of the sign. The height of a ground sign may not exceed five feet above ground level.
(7)
Special event signs. Signs to be used on a temporary basis for a community event sponsored by a not-for-profit organization.
(8)
Streamers. A streamer is allowed only on a temporary basis. A streamer may be strung for up to 14 days, and a maximum of two permits per year per location will be issued. Each component of a streamer must be solid in color, contain no copy and, when unfurled and placed flat on the ground, must have a width of no more than 12 inches. A streamer must be made of weatherproof material and be securely fastened to a mast, pole, building or structure.
D.
Sign permit application process.
(1)
Authority to issue sign permits. Applications for sign permits shall be made to the Code Enforcement Officer, who shall have authority to administer the application process upon the conditions herein contained.
(2)
Signs in existence as of the effective date of this chapter. A sign permit is not required for "signs authorized without a permit" as provided above in § 250-33B. A sign permit shall be required for all other signs, whether new or existing as of the date of this chapter. Owners of signs in use as of the effective date of this chapter that require a permit must register their signs with the Town no later than 90 days of the effective date of the chapter.
(3)
Applications.
(a)
Applications for sign permits shall be accompanied by the required fee amount as from time to time established by the Town Board and shall be made upon forms provided by the Code Enforcement Officer, which shall in any event contain the following information:
[1]
Name, address, phone and, if available, fax and e-mail of the applicant;
[2]
Name, address, phone and, if available, fax and e-mail of the person owning the parcel upon which the sign is proposed to be placed;
[3]
Specification of the zoning and any overlay districts in which the parcel upon which the sign is proposed to be placed is located;
[4]
Location of the building, structure and parcel on which the sign is or will be attached or erected;
[5]
Position of the sign in relation to nearby buildings, structures, property lines, existing or proposed rights-of-way, ordinary high-water marks of waterways, and required setbacks;
[6]
Two copies of the plans and specifications;
[7]
A narrative description of the method of construction and/or attachment to a building or in the ground (as applicable);
[8]
Copy of stress sheets and calculations, if deemed necessary by the Code Enforcement Officer, showing the structure as designed for dead load and wind pressure;
[9]
Name, address, phone and, if available, fax and e-mail of the person who has erected or will be in charge of erecting the sign;
[10]
Certificate of insurance as required below; and
[11]
Such other information as the Code Enforcement Officer may require to evaluate compliance with § 250-33, other provisions of this chapter, and any other applicable laws.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
(b)
Such application form shall contain an acknowledgment by the applicant that: "Any change in the information in this application, such as change of address, shall be submitted to the Code Enforcement Officer no later than seven days after the change."
(4)
Required insurance. Applications for a sign permit shall include a certificate of insurance evidencing public liability insurance in an amount of at least $100,000 for injuries to one person and $300,000 for injuries to more than one person, and property damage insurance in the amount of at least $100,000 regarding the installation, use and maintenance of the subject sign. It shall be a condition of any issued sign permit that such permit shall automatically lapse and be revoked if the insurance coverage required by this paragraph shall lapse or be cancelled for any reason. The certificate of insurance shall be in form and content acceptable to the Town Attorney, and in any event shall provide for written notice to the Town Supervisor at least 60 days before the insurance evidenced thereby is cancelled or altered. The Town shall have no duty to advise the permit applicant, the property owner or any other person of any lapse, cancellation or pending lapse or cancellation of such insurance coverage.
E.
General standards and prohibitions regarding signs. The following limitations, obligations and prohibitions apply in all districts:
(1)
Roof signs and projecting signs are prohibited.
(2)
No portion of a privately owned sign, or its supporting structures such as poles or cables, shall be placed on or within the air space above any of the following: publicly owned property, a public right-of-way (such as a street, sidewalk or waterway), or a proposed public right-of-way. Any sign violating this subsection may be removed by the Code Enforcement Officer/Building Inspector without prior notice to the owner. Such removal shall include the sign structure.
(3)
Cutting or killing vegetation growing on public rights-of-way (or below the ordinary high-water mark of navigable streams) to enhance visibility of a sign is prohibited.
(4)
Self-illuminated signs with a transparent or light background color are prohibited. Self-illuminated signs with a dark background are permitted when in compliance with all other provisions of this chapter. This provision shall not apply to electronic signs that are allowed on municipal, school district, ambulance corp. or fire district grounds pursuant to § 250-33E(10).
[Amended 10-13-2021 by L.L. No. 2-2021]
(5)
No sign shall be designed, constructed or maintained that shall move, oscillate or rotate. No sign shall be designed, constructed or maintained that shall produce any noise, sound, odor, smoke, flame or any other emission. No sign shall be designed, constructed or maintained that shall employ a mirror or other reflective device. Except as otherwise provided in this article, no sign shall be designed, constructed or maintained that shall use or include any pinwheel, balloon or streamer.
(6)
No sign (other than a traffic sign installed by a governmental entity) shall simulate or imitate the size, lettering or design of any traffic sign in such manner as to interfere, mislead or confuse the public.
(7)
No motor vehicle, trailer, farm implement or other mobile equipment may be used primarily as a sign or structural support for a sign. Any vehicle that is parked in a position visible to traffic on a public road, waterway or parking area for a period longer than six days in any sixty-day period is presumptively being used primarily as a sign or structural support for a sign. Excluded from this presumption is:
(a)
Any automobile, pickup truck, panel truck or van used to provide daily transportation to and from work; and
(b)
Any motor vehicle, vehicle or trailer lawfully registered and insured, regularly used in the business conducted on the premises, and not having attached thereto any temporary or removable sign.
(8)
Signs shall not be placed so as to obstruct the visibility of pedestrians or motorists at intersections and driveways.
(9)
Signs in wetlands, other than governmental signs and warning signs, are prohibited.
(10)
Electronic signs are prohibited in the Town of Lumberland with the following exception: electronic signs shall be allowed on property owned and operated by a public services entity such as a municipality, school district, ambulance corp. or fire department. Such electronic signs are to be used in furtherance of educational purposes or for informational purposes to the public. Such use of an electronic sign by a municipality, school district, ambulance corp. or fire department shall be subject to the sign permit application process as generally defined in Town Code § 250-33 and subject to all such provisions of Town Code § 250-33 unless specifically waived.
[Amended 10-13-2021 by L.L. No. 2-2021]
(11)
Any sign that is illuminated from any light source other than an internal light source shall be illuminated by a fully shielded source, designed and placed in a manner that:
(a)
Restricts the area of illumination to the sign face;
(b)
Directs light only in a downward manner; and
(c)
Precludes the casting of any glare or light from said source beyond the sign face in any upward direction, horizontally to the side of or to the rear of the sign structure.
(12)
An illuminated sign shall not be placed or located so as to permit the beams and illumination to cause glare or reflection that may constitute a traffic hazard or nuisance.
(13)
Abandoned signs are prohibited, and the permit for any abandoned sign shall be deemed to have expired at the time of abandonment.
(14)
No sign shall be constructed, erected or maintained that faces a public waterway except as permitted herein.
F.
Sign construction requirements and standards. The following apply in all districts:
(1)
Where feasible, signs should be constructed of weather-resistant wood or other natural material. Neutral colors are encouraged.
(2)
Signs shall conform to then-current applicable building and electrical codes.
(3)
All signs must remain safe and secure during the period of use. All parts of the signs, including bolts and cables, shall remain painted and free of corrosion.
(4)
A sign may not obstruct or interfere with a fire escape.
(5)
All signs for which a sign permit is required shall identify the name and operating telephone number of the person responsible for the sign.
(6)
Signs and all supporting structures shall be no closer to electrical utilities than is permitted by applicable codes; in any event, no sign, including cables and supports, shall be within six feet of any electrical conductor, electrical light pole, electric street lamp, traffic light, or other public utility pole.
(7)
Property surrounding any ground sign shall be maintained in a clean and sanitary condition and shall be free from weeds, rubbish and flammable material.
(8)
The area beneath and around a ground sign shall be landscaped with plants, ground cover and materials so as to complement the site and integrate the sign with buildings, parking areas, surrounding vegetation and natural features of the landscape.
G.
Appeals and variances regarding signs. Appeals of denials of sign permits and other determinations made by the Code Enforcement Officer regarding signs, and requests for variance regarding sign requirements, may be made in writing directly to the Board of Appeals.
H.
First Amendment protection. Any sign allowed under this chapter may contain, in lieu of any other text, any otherwise lawful noncommercial message that does not direct attention to a business operated for profit or to a commodity or service for sale and that complies with all other provisions of this chapter including the specific provisions for signage in the land use category on which the sign is placed. The owner of any sign that is otherwise allowed by this chapter may substitute noncommercial copy in lieu of any other copy without additional approval or permitting. The purpose of this provision is to prevent any inadvertent favoring of commercial speech over noncommercial speech or favoring of any noncommercial message over any other noncommercial message.
§ 250-34 Clear-cutting.
A.
Special use permit required. Separate and apart from any applicable maximum lot clearing regulations (set forth in the Use Table), no area of land greater than 2,000 square feet in size (without regard to whether such area is itself a part of a larger lot, tract or parcel) shall be clear-cut. Clear-cutting is allowed with a special use permit up to 2,000 square feet.
B.
Restoration required for violation.
(1)
In addition to all other sanctions applicable to violating this chapter, any land disturbance that violates this § 250-34 shall be restored to the condition in which it existed prior to the violation at the expense of the property owner. In any event, any trees removed in violation of this § 250-34 shall be replaced in accordance with the following schedule, and all replacement trees shall be of the same or similar species as that/those of the tree(s) wrongfully removed:
(a)
Each wrongfully removed tree of a size equal to or greater than six and less than 12 inches' caliper shall be replaced by three trees of a size three inches' caliper or greater;
(b)
Each wrongfully removed tree of a size equal to or greater than 12 and less than 24 inches' caliper shall be replaced by four trees of a size three inches' caliper or greater; and
(c)
Each wrongfully removed tree of a size equal to or greater than 24 inches' caliper shall be replaced by five trees of a size three inches' caliper or greater.
(2)
In the event that any restoration required pursuant to the terms of this § 250-34 is not commenced and continuously prosecuted to completion within 60 days after written order therefor from the Code Enforcement Officer, then, in addition to all other sanctions provided in this chapter for a violation of the same, actions to effect such restoration (or so much thereof as may be practicable) may be taken by the Town at the expense of the owner, with a lien imposed to secure repayment of the same. Such lien may be added to the real estate taxes applicable to the lot on which the violation occurred and collected in the same way as any other tax payable to the Town. For good cause shown, upon application therefor, the Planning Board may extend the aforesaid sixty-day period one time, for a period of up to 60 additional days.
C.
Permit hiatus period for violations. For a period of one year commencing with completion of any land disturbance restoration required by this § 250-34, no zoning permit, building permit, special use permit, variance or site plan approval shall be issued or extended with respect to the development project of which the property involved in such § 250-34 violation was a part. Said one-year permit hiatus period shall be in addition to all other sanctions under this chapter applicable to a violation of this § 250-34.