Lyons Town City Zoning Code
PART 5
Town Center District
§ 300-5.1 Scope; conflict with other laws.
Notwithstanding any provision to the contrary, the provisions of this Part 5 shall apply to buildings, structures, uses and activities in the Town Center District as herein defined. In case of conflict between the provisions of this Part 5 and any other provision of this Chapter 300, the requirements of this Part 5 shall govern.
§ 300-5.2 Establishment of district; divisions; map.
A.
Those portions of the Town of Lyons located within any former boundary of a Village shall be designated Town Center (T-C) District. Such Town Center District shall be further classified into one of the following divisions:
(1)
Division 1, comprising the areas containing scattered dwellings, farm buildings, and small businesses and industrial occupancies, wherein the fire hazard is low.
(2)
Division 2, comprising the areas containing residential, business, and/or commercial occupancies, or in which such uses are developing, wherein the fire hazard is moderate.
(3)
Division 3, comprising the areas containing highly congested business, commercial and/or industrial occupancies, wherein the fire hazard is severe.
B.
The location and boundaries of the Town Center District are hereby established as shown on the Town Center Zoning Map.[1]
[1]
Editor's Note: The Town Center Zoning Map is included as an attachment to this chapter.
§ 300-5.3 Use and area regulations.
In order to classify, regulate and restrict the locations of uses and locations of buildings designated for specific areas and to regulate and determine the areas of yards, courts and other open spaces within or surrounding such buildings, the use, height, bulk, and area regulations of the Town Center District are hereby prescribed as follows.[1]
A.
Schedule of Use Regulations. Within the Town Center District, principal permitted uses, permitted accessory uses, special permitted uses, and prohibited uses shall conform to Table 300-5.3A, Schedule of Use Regulations: Town Center District.
B.
Schedule of Area Regulations. All dimensional requirements shall conform to Table 300-5.3B, Schedule of Area Regulations: Town Center District. Where an occupancy, use or activity falls into two or more categories of use, the most restrictive use shall govern.
[1]
Editor's Note: The Schedules of Use Regulations and Area Regulations for the Town Center District are included as attachments to this chapter.
§ 300-5.4 General lot and structure requirements.
Lot and structure requirements for principal and accessory structures shall be as provided in Article VI of this chapter, except as provided herein. Decks, patios and terraces more than one foot above grade shall be considered part of a building when determining required yards.
A.
Front yard exception. In the Town Center District, the minimum required front yard for a principal building may be reduced to the average setback of existing principal buildings within 200 feet of the proposed structure, measured in each direction at both side lot lines on the same side of the street.
B.
Accessory structures.
(1)
In the Town Center District, all accessory structures shall require a building permit, regardless of size.
(2)
In the Town Center District, individual accessory structures located on residential lots shall be limited to 3,000 square feet of floor area; larger structures shall be deemed principal structures. Exception: agricultural buildings.
(3)
In the Town Center District, setbacks for accessory structures shall comply with the Uniform Code.
C.
Fences.
(1)
In the Town Center District, all fences shall require a building permit.
(2)
In the Town Center District, fences shall be installed and maintained as required for R-1 Districts (see § 300-2.34), except as otherwise provided herein.
(3)
In the Town Center District, there shall be no required setback for fences.
D.
Brush, grass and weeds. In the Town Center District, lots shall be maintained free of excessive accumulation of brush, grass and weeds as required for R-1 Districts (see § 300-2.44).
E.
Unimproved building lots. Unimproved building lots in the Town Center District shall comply with the requirements of § 300-2.58 applicable to the R-1 District.
F.
Transition requirements.
(1)
All Group A, Group B, Group E, Group I, and Class B or Class C mercantile occupancies shall provide a minimum side yard of 50 feet where such side yard abuts a residential (Group R) use.
(a)
Exception 1: occupancies less than 4,000 square feet in floor area.
(b)
Exception 2: mixed-occupancy buildings with upper-story dwelling units.
(2)
All Group F, Group H, Group S, and Class A mercantile occupancies shall provide a minimum side yard of 100 feet where such side yard abuts a residential (Group R) use.
(3)
Landscaping requirements.
(a)
Any nonresidential use which is in, abuts, is adjacent to or is less than 50 feet from any residential use, and which is not conducted within a completely enclosed building, such as storage yards, lumber and building materials yards, parking lots and like uses, shall be entirely enclosed by a fence or landscaping sufficient to effectively shield such uses. This subsection shall not apply to nurseries and the display for sales purposes of new or used cars, trucks, trailers, bicycles, motorcycles, or farm equipment.
(b)
Landscaping is required for all new buildings and additions over 500 square feet in floor area. Said landscaping shall be completed within one year from the date of occupancy of the building.
(c)
All required yards and open spaces abutting public streets shall be completely landscaped, except for those areas occupied by utilities, access driveways, parking areas, paved walkways, playgrounds, walls, structures or other required facilities.
(d)
All required live landscaping shall be properly maintained. All dead or dying landscaping shall be replaced immediately and all sodded areas mowed, fertilized and irrigated on a regular basis.
§ 300-5.5 Signs and sign structures.
Signs shall comply with the general requirements of § 300-2.40, except as modified below:
A.
Placement. No sign or sign structure shall be placed upon or attached to any public or private utility pole, lamppost, fire hydrant, bus shelter, sidewalk, bridge, tree or similar installation or improvement, whether situated upon public or private property.
B.
Signs allowed without permit. The following signs are permitted in any use district without a sign permit and shall be limited to one such sign per property:
(1)
A nameplate and/or address sign attached to a building, not exceeding one square foot in area.
(2)
One attached nameplate or address sign denoting the name and occupation of the resident maintaining a professional office as a home occupation, not exceeding four square feet in area.
(3)
One nonilluminated ground or wall sign advertising the sale, lease or rental of the premises upon which the sign is located, not to exceed four square feet in area on residential property or eight square feet on commercial property. Such sign shall be removed within five days after the sale of the premises has been consummated.
(4)
One nonilluminated sign announcing a real estate open house or a garage or estate sale, to be erected or placed on the property where such event will take place, not to exceed four square feet in area. Such sign shall be removed within one day after the event has been held and in no event may be maintained on the property for a period exceeding one week.
(5)
One nonilluminated wall or ground sign denoting the architect, engineer or contractor, placed on premises where construction, repair or renovation is in progress, but expressly excluding products, services or other forms of advertising, not exceeding four square feet in area on residential property or 32 square feet in area on commercial property. Such sign shall be removed within 10 days after completion of the project.
(6)
Signs which are designed exclusively to inform the general public of a fund-raising campaign, political campaign, social event, civic undertaking, annual festivity or related enterprise of a temporary nature sponsored by a nonprofit organization or governmental unit. Such signs shall be removed the day after the event and may not be placed on public property except by written permission of the Town Board.
(7)
Portable signs shall be allowed in the Town Center District, without a permit, provided such signs comply with the following:
(a)
Only one such sign shall be permitted to be placed on or in front of a lot or building, except that two such signs shall be permitted on a corner lot, one facing each street.
(b)
Such signs shall have not more than two faces, each not exceeding 12 square feet.
(c)
Such signs shall not obstruct or in any way interfere with the use of any public street or sidewalk.
(d)
Such signs shall be removed when the business is not open for customers; when the National Weather Service issues a high wind warning, tornado or severe thunderstorm warning; during an accumulating snowfall event (3" +).
C.
The provisions of this section shall not apply to signs established pursuant to governmental authority or used for the identification of public buildings, facilities and activities sponsored by a governmental authority or of an official character, such as traffic regulation devices authorized by the Vehicle and Traffic Law of the State of New York, civil defense warning signs, railroad crossing designations, bus stop signs and any other sign authorized and required under local, state or federal law or which contains information required and designed for the protection and safety of the general public, such as danger areas, work areas, utility warnings, safety warning devices and similar notices.
D.
All signs should be consistent with the architectural design of the building on which they are to be located.
E.
The following signs are permitted for business uses in the Town Center District:
(1)
Buildings containing one business establishment: one wall sign, either nonilluminated or illuminated, which shall be no more than one square foot for each one foot of linear frontage of the building along the street, up to a maximum of 150 square feet, with a sign height that shall not exceed 20% of the height of the first story; or one double-faced projecting sign, either nonilluminated or illuminated by indirect light only, which shall be no more than 12 square feet in area per side and project no more than five feet from the face of the building at an angle of 90° therefrom, with a minimum clearance above ground level of eight feet. Without awnings, any sign permitted herein may not extend above the first story of the building to which it is attached and shall not exceed a height of more than 12 feet above ground level measured to the top of the sign. With an awning, any permitted double-faced sign meeting the area size requirements will be allowed to be placed up to three feet above the first story so that the sign will be above the awning and its path of movement for storage. If the sign is illuminated, the lights shall be positioned and shielded so that there is no direct light into the second-story windows. In addition, the lights shall be on only during the operating hours of the business.
(2)
Buildings containing more than one business establishment: one wall sign for each ground-floor business establishment, which shall be no more than one square foot for each linear foot of building frontage occupied by the business, provided that the total sign area of such signs does not exceed the maximum limitations for a single attached sign as provided above.
(3)
Building located on a corner lot: in addition to signs permitted in Subsection E(1) and (2) above, one additional attached sign facing the secondary street, consistent with the criteria stated above.
(4)
In addition to the signs permitted above, one permanent window sign shall be permitted, per window, with a maximum of two window signs per ground-floor business establishment. The area of such sign shall not exceed 25% of the area of the window pane or four square feet, whichever is less. Window signs above the first story of a building are limited to lettering directly on the window, which shall be a maximum height of eight inches per line, with a maximum of two lines, and shall only be located on the primary street frontage of the building. A neon sign is allowable as a window sign if consistent with historic building and district requirements.
(5)
Awnings and canopies and sign information located thereon shall be permitted, subject to the following limitations:
(a)
Awnings and canopies may project over a public sidewalk, provided that such awnings shall be attached to the building only, shall provide eight feet of clearance over the sidewalk and may not project over the sidewalk a distance of greater than 1/2 the width of the sidewalk or eight feet, whichever is less.
(b)
Awning sign information, consisting of lettering or graphic display, shall not exceed a combined total area of 10 square feet per business establishment and shall not be permitted above the first floor.
(c)
No sign shall project from an awning.
(6)
In no instance may the combined area of signs permitted herein for a single building exceed 200% of the maximum area permitted for a single sign.
(7)
For multistory buildings with more than four business establishments: one sign directory, either a wall sign adjacent to the principal entrance and not exceeding 1/3 the size of the principal entrance opening or one ground sign located in the front yard four feet from any lot line and not exceeding two square feet in area per business identified, up to a total of 20 square feet. A ground sign directory shall not identify ground-floor business establishments with signs permitted by this section.
(8)
Signs on the side or rear walls of a building, exclusive of corner lot buildings: one wall sign not exceeding 15 square feet and a maximum height of 12 feet as measured to the top of the sign. Such sign shall be permitted only in cases where the orientation of the building limits the effectiveness of otherwise permitted signs.
(9)
Signs at automotive motor fuel dispensing facilities and drive-through facilities:
(a)
No more than three business signs, the combined maximum area of which shall not exceed the maximum area for a single sign, or no more than four signs if located on a corner lot. Such sign(s) may include a freestanding sign, or a wall sign affixed to the principal building and/or a pump island canopy.
(b)
Price and/or type-of-service signs located on a pump island shall be limited to six square feet and one sign per island. Signs required to be posted by governmental regulatory agencies shall not be factored into the size and number provisions of this subsection.
(c)
On-site directional signage required to facilitate internal circulation shall not be factored into the size and number provisions of this subsection.
(10)
Murals shall be permitted, subject to the following provisions:
(a)
Murals shall be allowed only upon issuance of a special permit from the Planning Board. All applications for murals shall be accompanied by a sketch or digitized picture, drawn to scale, showing the proposed location, size, height, artwork and color(s) of the mural, as well as the building facade upon which it is to be located. Applications for murals shall also include a written plan for ongoing maintenance of the mural once completed, including the person, agency or organization that will fund maintenance activities and probable costs associated with maintenance.
(b)
Mural content shall not be obscene or offensive.
(c)
Murals shall not negatively impact historic resources within the Town of Lyons, or cause such resources to lose their local, state and national register eligibility.
(d)
A mural shall be maintained and shall not be allowed to fade or lose its integrity. The Town of Lyons is not responsible for maintaining a mural. If the mural is not maintained, the Town of Lyons can require that the mural be removed or covered.
(e)
If proposed mural materials are not compatible with the mounting surface, the mural shall be placed on its own substrate, set off from the mounting surface and properly anchored to resist wind and other forces in accordance with the Uniform Code. The use of combustible materials shall not be used where prohibited by fire safety codes.
(f)
Sand or high-pressure water blasting that would damage an historic building's facade is prohibited.
(g)
If a mural becomes marked with graffiti, the property owner, or other designated party, is responsible for the prompt removal of the graffiti.
(h)
The maximum allowed size of a mural shall be determined by the Planning Board on a case-by-case basis.
§ 300-5.6 Clutter, junk and debris prohibited.
A.
The deposit, accumulation or maintenance of clutter, junk or debris, regardless of quantity, is hereby prohibited anywhere within sight of any public right-of-way or neighboring property.
B.
For the purpose of enforcement of this section, "clutter, junk and debris" shall be defined as any old, discarded, scrapped or dismantled household or commercial materials, such as glass, metal, paper, rags, barrels, cartons, boxes, crates, furniture, rugs and carpets, clothing, mattresses, blankets, tires and other automotive parts, tools, ladders, lumber, brick, stone, shingles, siding, gutters and other building materials, vehicles, appliances, toys, lawn mowers, machinery and equipment no longer intended or in condition for ordinary and customary use, or stored in such a manner as to be offensive to a person of ordinary and reasonable sensibilities.
C.
Any items or material not manufactured and intended for outdoor use, such as upholstered or other non-lawn furniture, toys, appliances, etc., stored outside of an enclosed structure shall be deemed to be clutter, junk and debris under this section.
§ 300-5.7 Parking and loading.
Uses and occupancies in the Town Center District shall comply with the parking and loading requirements of § 300-2.35 and § 300-2.36, except as modified herein.
A.
For nonresidential uses in the Town Center District, Division 3, up to 50% of the required parking may be located in on-street parking spaces, provided that such spaces are:
(1)
Within 200 feet of the front property line or within the same block of the site, whichever is closer. For purposes of interpretation in determining the extent of the perimeter, a walking distance (likely pedestrian path) measurement and not direct-line measurement should be utilized. The same-block determination may extend along intersecting sides. Within this established area, parking may be located on both sides of a street, unless prohibited for access considerations by the Planning Board, which then may extend the parking perimeter up to an additional 100 feet in directions that do not require pedestrian street crossings.
(2)
Demonstrated to be part of a sufficient supply of available on-street parking spaces within the area established in Subsection A(1) above, and that the number of parking spaces needed to supplement the required parking will not cause the undue displacement of vehicles associated with other uses.
(3)
Located with respect to the principal use so that a safe and convenient means of pedestrian access is available, including but not limited to the provision of sidewalks and street crossings.
(4)
Located with respect to the travel lanes of the road such that any increase in activity of on-street parking spaces associated with the use will not interfere with the safe and efficient flow of traffic.
B.
The number of required off-street parking spaces for a place of religious worship may be reduced or eliminated if there exist within 500 feet public or private parking lots containing a sufficient number of off-street parking spaces to satisfy any deficiency in parking.
C.
Excluding the area needed for access drives, no more than 50% of any required front yard may be used for off-street parking. The remainder of such front yard space shall be improved by lawn, trees, shrubs or other forms of landscaping.
D.
No front yard shall be used for open storage or parking of boats, vehicles, travel trailers, snowmobile trailers, and campers or other recreational vehicles, except for parking on clearly defined and recognizable driveways. If adequate driveway space is not available, only one such vehicle may be parked in the front yard temporarily from Memorial Day through Labor Day.
E.
No person shall place, park or leave standing any vehicle, trailer or boat on any street in the Town Center District between the curb and the sidewalk except under the following conditions:
(1)
Adequate parking and standing space is neither available nor attainable within the property lines of the parcel adjoining the sidewalk.
(2)
Adequate distance shall be available between the curb and sidewalk to allow parking at right angles to curb and sidewalk, with no intrusion nor obstruction to clear passage on either highway or sidewalk.
(3)
Space between curb and sidewalk, used for parking or standing, shall be installed and maintained by the owner of the parcel adjoining the sidewalk, and the surface shall be of the type required herein. Any public utility component, sign or other infrastructure required to be removed or relocated shall be done at the adjacent property owner's expense.
(4)
Parking between the sidewalk and curb shall be allowed only by permission of the Town Board, and the above conditions shall pertain to all new parking spaces between the curb and sidewalk.
F.
A commercial vehicle may be parked on a residential lot in the Town Center District, as an accessory use; within the Town Center District, Division 2 and Division 3, such vehicle shall not exceed 26,000 pounds' gross vehicle weight.
G.
Restriction on use. Except as otherwise permitted by this chapter, no vehicle shall be used as sleeping, cooking or living space while parked on residential property. Commercial vehicles and related equipment shall not be used as permanent or temporary storage buildings, or for housing, nor for any purpose for which the vehicle was not designed, nor as a form of signage, except as expressly permitted elsewhere in this chapter.
H.
Prohibition of certain cargoes. Except for customary delivery purposes, the following types of cargoes shall be prohibited to be stored on any residential property: flammable or combustible liquids, gases or other materials; explosives; poisons, compressed gases; materials posing an inhalation hazard; radioactive materials; cryogenic materials; hot or burning materials; garbage; combustible waste and refuse; uncovered, noncombustible scrap and junk; medical waste, manure, septic sludge, live animals, hay, or other cargoes with dangerous or objectionable characteristics. Such cargoes may be further restricted in accordance with applicable provisions of the Uniform Code.
I.
Surfacing.
(1)
In the Town Center District, all off-street parking areas and driveways shall be surfaced with an all-weather, dustless material and be striped to delineate parking spaces. Wheel stops shall be provided where necessary to protect landscaping, light or utility poles, signs and other installations.
(2)
Exception. Parking spaces at detached one- and two-family dwellings shall not be required to be striped.
J.
Snow storage. Each parking lot or area shall provide for a system of snow removal and have sufficient on-site snow storage. Landscaped areas may be used to store snow; however, snow may not be deposited in the front yard or in public right-of-way to a point that impairs visibility. The Planning Board may require the provision of additional snow storage areas.
K.
Loading space exception for small buildings. For buildings with less than 2,500 square feet of floor area, the required loading may be in the required off-street parking area.
L.
On-street loading. The Planning Board may allow a loading space to be established within the public right-of-way, provided that it is found that the provision of an on-site loading space is not practical and interferes with the optimal development of the site or parking area; and, further, the use of the on-street loading space is limited to hours of low parking demand or is located in space identified by the Town of Lyons as a designated loading zone.
§ 300-5.8 Outdoor illumination.
No illumination shall cause direct light rays to cross any property line. All outdoor floodlight sources, such as used for but not limited to athletic fields, courts, swimming pools, parking lots, security and building floodlighting, shall be steady, stationary shielded sources directed so as to avoid causing a hazard to motorists, pedestrians or causing direct light rays on neighboring properties.
§ 300-5.9 Storage and disposal of trash.
A.
Generally. No person shall dump, store or collect or permit the dumping, storing or collecting of any trash, refuse or rubbish upon any property except that which accumulates from the normal use of said property, and then only when stored in a tightly closed metal or plastic container as hereinafter provided.
B.
The storage of garbage, rubbish, waste materials and all types of refuse containers shall be separated from all adjoining lots or rights-of-way by a screening device not less than four feet in height, or otherwise contained within an enclosed structure, except during such times as are designated for the removal of contents. Exception: lots improved with detached one-family or two-family dwellings.
C.
Separation of refuse. Garbage and rubbish shall be stored and placed for pickup separately from recyclable materials.
(1)
Sufficient trash receptacles and/or dumpsters shall be provided at all occupied premises in compliance with applicable provisions of the Uniform Code. Regular pickup of trash and garbage shall be as often as necessary to maintain sanitary conditions on the premises, but in no case less than once each two weeks.
(2)
Refuse containers may be placed at curbside for pickup for a period of time not exceeding 24 hours. When not placed at curbside for pickup, refuse containers shall be kept in a side yard or rear yard only.
D.
Dumpsters and roll-off containers.
(1)
Roll-off containers and dumpsters shall be maintained at all times free of surrounding debris, overflow, and any other nuisance.
(2)
Roll-off containers and dumpsters shall not be placed or maintained in a manner that obstructs pedestrian or vehicular traffic.
(3)
Roll-off containers and dumpsters placed on the street or public sidewalk shall be marked or barricaded as required by the authority having jurisdiction, and shall only be placed with the approval of said authority.
(4)
The contents of roll-off containers and dumpsters shall be emptied and disposed of:
(a)
Upon reaching the container's water or fill line; or
(b)
After a maximum of two weeks if containing garbage; or
(c)
After a maximum of 30 days if containing rubbish only.
E.
Composting. Composting is permitted under the following standards:
(1)
In the Town Center District, Division 2 and Division 3, no compost pile or total composting area may exceed 100 square feet in size.
(2)
Commercial and agricultural composting facilities shall comply with NYSDEC regulations governing such facilities, if any.
(3)
The following materials shall not be composted in the Town Center District: meat, poultry, fish, bones, and fatty foods such as cheese and oils; dairy products; cat litter or dog feces.
(4)
Composting areas and structures shall be maintained in a manner that protects adjacent properties from nuisance odors and the attraction of rodents or other pests.
(5)
Composting bins and areas shall not be in contact with wooden structures susceptible to rot.
(6)
All compost bins and compost heaps may be placed only in the rear yard of a lot and must be at least 10 feet from a property line and at least 20 feet from any inhabited building.
§ 300-5.10 Animals.
A.
No animals other than household pets as defined in this chapter shall be maintained, housed or harbored in the Town Center District. No chickens, ducks, geese fowl or bees shall be maintained, housed or harbored in the Town Center District.
[Amended 4-27-2022 by L.L. No. 1-2022]
B.
The keeping of more than four dogs or four cats in any residential or other unit shall be deemed a kennel, and shall only be permitted as provided for in this chapter. Exception: The owner of a female dog or cat may keep upon his or her premises the litter of such dog or cat for a period not exceeding four months.
C.
Slaughtering prohibited. There shall be no slaughtering of any animals within the Town Center District, except as an incidental activity for a customary farm occupation.
§ 300-5.11 Encroachments into public right-of-way.
Any construction occurring in the public right-of-way, whether temporary or permanent, shall comply with relevant provisions of the Uniform Code and as otherwise provided for in this chapter. Such construction may include but is not limited to marquees, awnings, canopies, pedestrian walkways and tunnels. Pre-approval from the authority having jurisdiction shall be required.
§ 300-5.12 Recreational vehicles and camping tentage.
A.
A recreational vehicle and/or camping tentage shall be permitted to be placed and occupied for a period of up to two weeks in a driveway or rear yard, or non-address side yard on a corner lot. Parking is further restricted as set forth in § 300-5.7D.
B.
Recreational vehicles and camping tentage placed and occupied for longer than 14 days shall require a permit, the fee for which shall be set from time to time by the Town Board by resolution, and which shall be valid for 90 days or until September 15, whichever comes first.
C.
Recreational vehicles occupied for over 14 days shall be inspected and approved for occupancy by the Code Enforcement Officer. Recreational vehicles shall be maintained in general compliance with NFPA 1192 (Standard on Recreational Vehicles), including provisions for smoke and carbon monoxide alarms, portable fire extinguishers, etc.
D.
No electrical cords or water hoses for supplying temporary utilities shall be permitted to be placed across any public sidewalk or other public place. Recreational vehicles shall be properly connected to a public or private sewage disposal system, or proper sanitary facilities shall be continuously available for use of the occupant(s) within a path of travel not to exceed 500 feet from the recreational vehicle.
§ 300-5.13 Change of occupancy.
A.
The change of occupancy of any existing building or portion thereof shall comply with all applicable provisions of the Uniform Code, including but not limited to the following:
(1)
Installation of proper fire-rated construction between occupancies and/or tenant spaces.
(2)
Installation of fire protection systems such as fire sprinklers and/or kitchen hood extinguishing systems.
(3)
Separation of utilities, with separate metering.
(4)
Provision for adequate means of egress such as fire exits, fire escapes, or rescue windows.
(5)
Provision for handicapped accessibility.
(6)
Compliance with energy conservation construction requirements.
(7)
Dwelling unit size and arrangement, and proper clearances for fixtures and appliances.
B.
In addition to the above, all changes of occupancy shall provide for a sufficient number of parking and loading spaces, and in the case of residential conversions, shall further comply with the applicable provisions of § 300-2.18, § 300-2.38 and/or § 300-2.48 of this chapter. Changes of occupancy shall be limited to lawful principal or special permitted uses, and all required approvals shall be obtained prior to occupancy.
§ 300-5.14 Large-scale developments.
Large-scale development in the Town Center District, including but not limited to regional commercial centers and industrial or research parks, shall comply with National Fire Protection Association (NFPA) Standard 1141 (Standard for Fire Protection Infrastructure for Land Development in Wildland, Rural and Suburban Areas). Compliance shall include general requirements, means of access, building access, and water supply. Requirements for automatic fire protection, manual fire protection, automatic fire warning systems, and fire protection during construction shall be in compliance with the Uniform Code.
§ 300-5.15 Shopping carts.
A.
Removal of carts restricted. It shall be unlawful for any person to remove a shopping cart, or suffer or permit such removal of a shopping cart from the property of any establishment or business, except to convey the same to an adjoining private parking lot or a sidewalk area immediately in front of or contiguous to such establishment or business, and except that the owners of such establishments or businesses may move shopping carts, in bulk, from one store to another or to another location.
B.
It shall be unlawful for any person, his/her agent or employee to leave or suffer or permit to be left upon any public place any shopping cart either owned by him/her or in his/her possession, custody or control.
§ 300-5.16 Outdoor fires.
A.
Approved containers. Recreational fires shall be within approved containers such as: fire rings, outdoor fireplaces, commercially manufactured units for open-flame-type burning, fire pits at least 18 inches deep with stones or fire brick lining the perimeter, or metal containers with a wire mesh screen. Where open burning is not within an approved container, all combustible vegetation and materials shall be removed from an area three feet around the burn pile.
B.
Portable outdoor fireplaces and similar outdoor solid-fuel-burning devices shall not be operated or stored on a balcony or deck of any structure or within 15 feet of combustible construction or a residential occupancy. Open burning outside of approved containers shall be located at least 50 feet from structures or as otherwise required by the Uniform Code.
C.
Exception. An outdoor fireplace may be attached to a structure, if providing a minimum three-foot clearance above the roofline and two feet above all structures within 10 feet of the fireplace chimney, and complying with all zoning setback requirements of the main structure.
§ 300-5.17 Hazardous materials storage.
Restrictions on hazardous materials, as provided in the Uniform Code, shall apply in the Town Center District as follows:
A.
The storage of LP shall be restricted in Division 2 and Division 3, in accordance with the Uniform Code.
B.
Flammable cryogenic fluids in stationary containers shall be prohibited in Division 2 and Division 3.
C.
Class I and Class II liquids in above-ground tanks outside of buildings shall be prohibited in Division 2.
D.
Class I and Class II liquids in above-ground tanks shall be prohibited in Division 3.
E.
The storage of combustible fibers shall be restricted in Division 3.
F.
The storage of any hazardous material in an amount required to be reported pursuant to § 209-u of the General Municipal Law shall be deemed to require an operating permit.
§ 300-5.18 Manufactured and mobile homes.
Manufactured homes and mobile homes, where permitted in the Town Center District, shall comply with the following:
A.
Masonry skirting (with a minimum thickness of six inches) shall be installed to enclose the underside of the home and provide a finished exterior appearance.
B.
Any trailer hitch shall be removed and stored beneath the home, or in an enclosed building.
§ 300-5.19 Site plan review.
All special permitted uses and any principal permitted use or accessory use over 4,000 square feet in floor area and/or which disturbs over one acre of land shall require site plan review and approval by the Town Planning Board prior to issuance of a building permit by the Code Enforcement Officer.
§ 300-5.20 Site development standards.
A.
Preservation of natural resources. Where flood hazard areas, surface water bodies or wetlands, or conservation areas are located on or adjacent to a lot, the development of the lot as a building site shall comply with all applicable requirements (i.e., flood damage prevention or wetland).
B.
Surface water protection. Buildings and building site improvements shall not be located over lakes, ponds, streams and other bodies of water that support or could support fish, recreation or industrial use. Exception: buildings and associated site improvements specifically related to the use of the water, including, but not limited to, bridges, dry hydrants, piers, bulkheads, marinas, boatyards, boathouses, fish hatcheries, and habitat restoration.
C.
Stormwater management.[1] Development shall conform to applicable New York State Department of Environmental Conservation regulations as they pertain to stormwater management and erosion control. Stormwater management and erosion control measures shall not redirect or concentrate off-site discharge that would cause increased erosion or other drainage-related damage to adjoining lots or public property.
[1]
Editor's Note: See also Part 3, Stormwater Management, of this chapter.
D.
Building site waste management.
(1)
All slash from vegetation modification and construction debris shall be removed prior to or immediately upon completion of construction.
(2)
Land-clearing debris, including rock, trees, stumps and associated vegetation, shall not be sent to sites that are agricultural land, flood hazard areas, wetlands, or conservation areas except where approved by the Code Enforcement Officer.
(3)
Combustible debris shall not be accumulated within buildings. Combustible debris, rubbish and waste material shall be removed from buildings at the end of each shift of work. Combustible debris, rubbish and waste material shall not be disposed of by burning on site unless approved.
E.
Transportation impact.
(1)
Walkways and bicycle paths. Not less than one independent, paved walkway or bicycle path suitable for bicycles, strollers, pedestrians, and other forms of nonmotorized locomotion connecting a street or other path to a building entrance should be provided. Walkways and bicycle paths shall connect to existing paths or sidewalks, and shall be designed to connect to any planned future paths.
(2)
Bicycle parking and storage. Bicycle parking should be designated on the site plan. The number of spaces should be not less than four for assembly occupancies and not less than two for all other occupancies.
(3)
Bicycle parking areas. Where provided, bicycle parking shall comply with the following:
(a)
It shall be provided with illumination of not less than one footcandle (11 lux) at the parking surface.
(b)
It shall be at the same grade as the sidewalk or at a location reachable by ramp or accessible route.
(c)
It shall have an area of not less than 18 inches by 60 inches for each bicycle.
(d)
It shall be provided with a rack or other facility for locking or securing each bicycle.
(e)
It shall be located within 100 feet of, and visible from, the main entrance.
(4)
Hitching posts.
(a)
At least one hitching post should be installed in each of the following locations:
[1]
Customer parking lots for mercantile and business occupancies.
[2]
Customer parking lots for public transportation facilities, parks and government buildings.
(b)
Where off-street hitching posts are installed, they should be located in such a way as to avoid primary traffic circulation routes.
F.
Site lighting. Uplight, light trespass and glare shall be limited for all exterior lighting equipment as described below. Exceptions: specialized signal, directional and marker lighting associated with transportation; advertising signage or directional signage; lighting integral to equipment or instrumentation and installed by its manufacturer; theatrical purposes, including performance, stage, film production and video production; athletic playing areas where lighting is equipped with hoods or louvers for glare control; temporary lighting; lighting for industrial production, material handling, transportation sites, and associated storage areas where lighting is equipped with hoods or louvers for glare control; theme elements in theme and amusement parks; roadway lighting required by governmental authorities; lighting used to highlight features of public monuments and registered landmark structures; lighting classified for and used in hazardous areas; lighting for aquatic vessels and water features; light poles not exceeding seven feet in height on the premises of one- and two-family dwellings, which are listed for residential use; required emergency and/or security lighting.
(1)
Town Center, Division 1.
(a)
Uplight. Directionally shielded lighting fixtures are required for all outdoor walkway, parking lot, canopy and building-/wall-mounted lighting.
(b)
Light trespass and glare. On lots which abut property that is residentially developed, vacant or open space, all outdoor lighting fixtures shall be set back from the nearest residential lot line a distance equal to 1/2 the height of the lighting fixture, or "house-side shielding" shall be used on the residential property side of the lighting fixture. All outdoor lighting fixtures must be aimed, located and maintained to prevent glare that causes reduced visibility.
(c)
Light pole heights. The maximum height of light poles shall be 40 feet.
(2)
Town Center, Division 2 and 3.
(a)
Uplight. Full-cut-off lighting fixtures are required for all outdoor walkway, parking lot, canopy and building-/wall-mounted lighting.
(b)
Light trespass and glare. All outdoor lighting fixtures must be aimed, located and maintained to prevent glare that causes reduced visibility.
(c)
Light pole heights. The maximum height of light poles shall be 20 feet.