Minden Town City Zoning Code
ARTICLE VIII
Supplementary Regulations
§ 90-30 General land use performance standards.
In any district, the following performance standards for all land uses shall apply, subject to the limitations on the regulation of agricultural uses contained in Article I, §§ 90-2 and 90-3:
No offensive or objectionable vibration, glare or odor shall be noticeable at or beyond the property line, and no building materials, junk, leaves or other waste materials shall be deposited within 10 feet of a property line.
No activity shall create a safety or health hazard, by reason of fire, explosion, radiation or other such cause, to persons or property.
There shall be no discharge of liquid or solid waste or of any other materials in a manner that may contaminate surface water or groundwater.
There shall be no storage of any material either indoors or outdoors that endangers public health and safety or the natural environment.
Emission into the ambient air of smoke, dust, gases or other material which can cause damage to the health of persons, animals, plants or damage to property is prohibited.
Only one permitted principal use or special use permitted use is allowed per lot. This subsection shall not be applicable to a mobile manufactured home as part of a farm operation.
§ 90-30.1 Commercial design standards.
All commercial land uses except agriculture, farm stands, farm and accessory use and building, home occupations, and bed and breakfast establishments shall comply with the following requirements:
General. These standards are in addition to all requirements of the New York State Uniform Fire Prevention and Building Code. It is not the intent of this subsection to discourage contemporary architectural expression but rather to preserve the integrity and authenticity of the zoning district and to ensure the compatibility of new structures within the existing district zoning. The standards established in this subsection are for the purpose of promoting quality development that is attractive, convenient and compatible with surrounding. These standards are intended to be general in nature and not to restrict creativity, variety or innovation. During project development and review, attention should be given to the compatibility of adjoining developments when reviewing project proposals.
Applicability. These standards apply to all commercial development required to have site plan or special use permit approval.
Context and compatibility. These standards and guidelines establish an expectation that new development is similar in context and compatible with existing development. Context and compatibility with respected neighborhood buildings can be judged by the following major points of comparison:
Roof shapes, slopes and cornices are consistent with the prevalent types in the area.
Rhythm of building spacing along the street and overall scale are not interrupted. In order to minimize the apparent scale of buildings greater than 40 feet in width, facades facing the main street should be broken by periodic setbacks, facade breaks, and rooflines should include offsets and changes in pitch. Other design features such as porches or cupolas, window bays, separate entrances and entry treatments, or the use of sections that may project or be recessed may also be used.
Proportions for facades and window openings are in harmony with the traditional types within the district. Blank walls shall be discouraged. The front facade of the building shall be parallel to the main street unless traditional orientation of buildings on that street differs for the majority of buildings.
Materials, textures, and colors are similar, with natural and traditional building materials preferred.
Site details (porches, entrances, signs, landscaping, lighting, screened parking and mechanical systems) complement traditional examples in the area.
Formula-based architectural styles. All businesses, including commercial franchise or formula- based businesses shall meet all design standards of this chapter. Formula-based architectural styles including, but not limited to uniform color schemes, facades, or signage shall be allowed provided it is of a style consistent with the design standards of this subsection. In order to protect the public health, safety and welfare of the Town of Minden, this provision is intended to preserve the Town's unique neighborhood and community character and to contribute to the establishment of a diverse economy and revitalized hamlets as established as critical goals in the Town of Minden Comprehensive Plan.
§ 90-31 Personal wireless service facilities.
All personal wireless services facilities shall comply with the following requirements in addition to all the requirements of the underlying zoning requirements:
Purpose.
The purpose of these regulations is to promote the health, safety and general welfare of the residents of the Town of Minden.
The purpose of the Personal Wireless Service Facilities Overlay District is to provide a suitable choice of locations for the establishment, construction and maintenance of personal wireless services facilities, while protecting the integrity of the established neighborhoods of the Town of Minden.
To provide standards for the safe provision of wireless telecommunications facilities consistent with applicable federal and state regulations, and to protect the natural features and aesthetic character of the Town of Minden.
To accommodate the need for wireless telecommunications facilities while regulating their location and number in the Town of Minden.
To minimize the adverse visual effects of wireless telecommunications facilities support structures through proper design, siting and vegetative screening.
To avoid potential damage to adjacent properties from wireless telecommunications facilities support structure failure and falling ice through engineering and proper siting of such towers.
To encourage the joint use of any new wireless telecommunications facilities, thereby reducing the number of towers needed in the future.
Permitted uses. All new personal wireless service facilities shall be allowed by special use permit granted by the Town of Minden Planning Board. All new personal wireless service facilities, and all additions and/or modifications to currently existing personal wireless service facilities, shall be allowed only in the Personal Wireless Service Facilities Overlay District. The Personal Wireless Service Facilities Overlay District shall apply to all property within the following zoning districts: Agricultural (A) and Commercial (C-1). In no event shall any personal wireless services facility be allowed within any zoning district without completing the procedural and other requirements of the Personal Wireless Service Facilities Overlay District.
Conditional uses.
All new personal wireless service facilities shall be allowed by special use permit granted by the Town of Minden Planning Board, after a public hearing.
Data requirements. Applications for site plan approval shall file with the Planning Board seven copies of the following documents:
Site plan. An applicant shall be required to submit a site plan which will show all existing and proposed wireless telecommunications facilities structures (plan and elevation of the facility) and improvements, including roads, buildings, tower, guy wire anchors, parking and landscaping, and will include grading plans for new facilities and roads.
Supporting documentation. An applicant shall be required to submit documentation on the intent and capacity of use as well as justification for the height of any tower or antenna and justification for any clearing required.
Environmental assessment form. A full environmental assessment form (EAF), including the visual EAF addendum.
Structural engineering report. A report prepared by a New York State licensed professional engineer specializing in structural engineering as to the structural integrity of the personal wireless service facility. In the case of a tower or monopole, the structural engineering report shall describe the structure's height and design, including a cross section of the structure, demonstrating the structure's compliance with applicable structural standards and describing the structure's capacity, including the number of antennas it can accommodate and the precise point at which the antenna shall be mounted. In the case of an antenna mounted on a existing structure, the structural engineering report shall indicate the ability of the existing structure to accept the antenna, the proposed method of affixing the antenna to the structure and the precise point at which the antenna shall be mounted.
Engineering analysis of radio emissions. An engineering analysis of the radio emissions, and a propagation map for the proposed personal wireless service facilities. The analysis shall be prepared and signed by a New York State licensed professional engineer specializing in electrical engineering with expertise in radio communication facilities. The results from the analysis must clearly show that the power density levels of the electromagnetic energy generated from the proposed facility are within the allowable limits established by the FCC which are in effect at the time of the application. If the proposed personal wireless service facilities would be co-located with an existing facility, the cumulative effects of the facilities must also be analyzed. The power density analysis shall be based on the assumption that all antennas mounted on the proposed facility are simultaneously transmitting radio energy at a power level equal to the maximum antenna power rating specified by the antenna manufacturer.
Map of proposed coverage and existing facilities. A map showing the area of coverage of the proposed facility and listing all existing personal wireless service facilities in the Town and bordering municipalities containing personal wireless service facilities used by the applicant, and a detailed report indicating why the proposed personal wireless service facilities is required to provide service to locations which the applicant is not able to serve with existing facilities which are located within and outside the Town by co-location and otherwise.
Shared use of existing towers. The co-location of existing personal wireless service facilities only within the Personal Wireless Service Facilities Overlay District shall be strongly preferred to the construction of a new personal wireless service facilities. If a new site for a personal wireless service facilities is proposed, the applicant shall submit a report setting forth in detail an inventory of existing personal wireless service facilities within the Personal Wireless Service Facilities Overlay District which are within a reasonable distance from the proposed facility with respect to coverage; an inventory of existing personal wireless service facilities in other municipalities which can be utilized or modified in order to provide coverage to the locations the applicant is seeking to serve; and a report on the possibilities and opportunities for co-location as an alternative to a new site. The applicant must demonstrate that the proposed personal wireless service facilities cannot be accommodated on a existing facility within the Personal Wireless Service Facilities Overlay District or on a existing facility in another municipality due to one or more of the following reasons:
The proposed equipment would exceed the existing and reasonably potential structural capacity of existing and approved personal wireless service facilities within the Personal Wireless Service Facilities Overlay District, considering existing and planned use for those facilities.
The existing or proposed equipment would cause interference with other existing or proposed equipment which could not reasonably be prevented or mitigated.
Existing or approved personal wireless service facilities within the Personal Wireless Service Facilities Overlay District or in neighboring municipalities do not have space on which the proposed equipment can be placed so it can function effectively and reasonably, and the applicant has not been able, following a good faith effort, to reach an agreement with the owners of such facilities.
Other reasons make it impracticable to place the proposed equipment on existing and approved personal wireless service facilities within the Personal Wireless Service Facilities Overlay District on existing facilities in other municipalities.
Service to the locations to which the applicant seeks to provide service cannot be provided by existing facilities within or outside the Town.
Any application for a new tower, or for modifying or updating an existing tower and or facility shall not be considered by the Planning Board until the permit fee as established by the Town Board is received by the Town of Minden Town Clerk.
Standards.
Personal wireless service facilities. No personal wireless service facility shall hereafter be used, erected, moved, reconstructed, changed or altered unless in conformity with these regulations. No existing structure shall be modified to serve as a commercial communications tower unless in conformity with these regulations.
Siting and visual impact. All antenna and accessory facilities shall be sited to have the least practical adverse visual effect on the community. Applicant shall be required to perform a visual impact test at the proposed site and notify the Town of Minden 10 days in advance of visual test.
Maintenance of facility (annual inspections).
Unless otherwise preempted by federal or state law, personal wireless service facilities, including towers, monopoles and antennas, shall be inspected annually at the applicant's expense for structural integrity, and a copy of the inspection report shall be promptly transmitted to the Code Enforcement Officer. The structural inspection shall be performed by a New York State licensed professional engineer specializing in structural engineering. The structural inspection report shall describe the structural integrity of the personal wireless service facility, maintenance issues and repairs need or made, if any. In the event that the structural inspection indicates structural deficiencies, then the deficiencies must be remedied within the time reasonable set by the Code Enforcement Officer.
Unless otherwise preempted by federal or state law, personal wireless service facilities, including towers, monopoles and antennas, shall be inspected annually at the applicant's expense for radio emissions, and a copy of the inspection report shall be promptly transmitted to the Code Enforcement Officer. Radio emission inspection shall be performed by a New York State licensed professional engineer specializing in electrical engineering with expertise in radio communication facilities. The radio emission inspection shall describe the power density levels of the electromagnetic energy generated from the facility, including the cumulative effects of co-located antennas. In the event that the radio emission inspection indicates that the electromagnetic energy generated from the facility are above the allowable limits stated within applicable FCC and ANSI standards or other applicable state or federal guidelines in effect at the time of the inspection, the applicant shall cease all use of the facility until such time as it proves to the satisfaction of the Code Enforcement Officer that the power density levels of the electromagnetic energy to be generated at the facility are below the applicable standards.
Location. The applicant shall demonstrate, using technological evidence, that the antenna must be placed where it is proposed in order to satisfy its function in the company's grid system.
Co-location. If the applicant proposes to build a tower as opposed to mounting the antenna on a existing structure, the Town may require the applicant to demonstrate that it contacted the owners of tall structures within not less than a mile radius of the site proposed, asked for permission to install the antenna on those structures, and was denied for reasons other than economic ones.
Antenna height. The applicant shall demonstrate that the antenna is the minimum height required to function satisfactory. No antenna that is taller than this minimum height shall be approved.
Minimum lot size. The minimum lot size for a wireless telecommunication facility antenna shall be equal to the square of twice the tower or monopole height or the minimum lot size required by the underlying zoning district, whichever is greater.
Setbacks from base of antenna support structure. If a new antenna support structure is constructed as opposed to mounting the antenna on an existing structure, the minimum distance between the base of the support structure and the property lines shall be 10% greater than the height of the antenna. All personal wireless service facilities shall be separated from all residential dwellings by a distance of no less than 500 feet, and by no less than 500 feet from the road right-of-way. All guy wire anchors and accessory facilities shall be set back a minimum of 30 feet from the property line.
Antenna support structure safety. The applicant shall demonstrate that the proposed antenna and support structure are safe and the surrounding areas will not be negatively affected by support structure failure, falling ice or other debris, electromagnetic fields or radio frequency interference. All support structures shall be fitted with anticlimbing devices, as approved by manufacturers.
Fencing. Fencing will be required around the antenna support structure and other equipment including each guy anchor. The fence shall be a minimum of eight feet in height. Barbed wire shall be used along the top of the fence to preclude unauthorized access to the tower.
Landscaping. Vegetative screening shall be provided to effectively screen the tower base and accessory facilities. At a minimum, screening shall consist of one row of native evergreen shrubs or evergreen trees capable of forming continuous hedge. Existing vegetation shall be preserved to the maximum extent practicable and may be used as a substitute of or in supplement toward meeting landscaping requirements. Additional screening may be required to screen portions of the structure from nearby residential property or important views. All landscaping shall be properly maintained to ensure good health and viability.
Signage. Signage shall be prohibited on personal wireless service facilities except for signage to identify the facility which is located along the right-of-way frontage. Except as specifically required by federal, state or local authority, no signage shall be permitted on equipment-mounting structures or antennas.
Other uses. In order to reduce the number of antenna support structures needed in the community in the future, the proposed support structure shall be required to accommodate other users, including other cellular phone companies and local fire, police and ambulance companies.
Licenses. The applicant must demonstrate that it has obtained the required licenses from the Federal Communications Commission, the State of New York and other necessary agencies.
Access and parking. A road and parking area shall be constructed to provide adequate emergency and service access. The road shall be constructed to Town standards, the parking shall be constructed to the number of required parking spaces needed to accommodate all of the people needed to maintain this facility under normal circumstances.
Lighting and color. No antenna support structure shall be artificially lighted except when required by the Federal Aviation Administration (FAA). In order to reduce the visual impact, the tower or monopole shall either have a galvanized finish or be painted gray or blue-gray above the surrounding treeline and gray, green or tannish brown below the surrounding treeline.
Performance bond or other security. Prior to site plan approval, a performance bond or other security sufficient to cover the full cost of the removal and disposal of the personal wireless service facility upon abandonment of said facility shall be provided by the owner/operator. This cost shall be determined by an estimate of the Town-designated engineer. Any such security must be provided pursuant to a written security agreement with the Town, approved by the Town Board and also approved by the Town Attorney as to form, sufficiency and manner of execution. The form of security shall be limited to those permissible under New York State Town Law.
Abandonment. The applicant shall annually file a declaration with the Town of Minden as to the continuing operation of every facility installed to these standards. A communication tower and appurtenances shall be removed within 120 days of the date that such tower ceases to be used for communication. Failure to file the yearly report will constitute nonuse.
§ 90-32 Access to improved street.
In any district, a lot to be used for building purposes shall have direct frontage on a improved street or highway or on a street in a subdivision plot approved by the Planning Board.
§ 90-33 Lots in two districts.
Where a district boundary line divides a lot in one ownership at the time of adoption of said district line, the regulation for either district may be used up to 100 feet into the other district, provided the lot has the minimum required frontage on a street.
§ 90-34 Drive-in food services.
Any drive-in food service building shall be located 60 feet or more from any public right-of-way. Such businesses, where persons are served in automobiles, shall not be closer than 200 feet to a Residential District. Arrangements of ingress and egress of vehicles, lights, fences and screening shall be approved by the Planning Board in such a way as not to interfere with uses in the Residential District.
§ 90-35 Accessory buildings: number, height and location.
Number. On any lot intended or used primarily for residential purposes, an accessory building, such as private garage for use in connection with the principal dwelling, is permitted.
Height. Maximum height of accessory buildings shall be 25 feet, except that there shall be no height limitation on barns, silos and other farm structures.
Location.
Accessory private garage buildings in Residential Districts which are not attached to a principal building may be erected within the rear yard accordance with the following requirements:
In any district, accessory buildings other than private garages shall comply with front and side yard requirements for the principal building to which they are accessory and shall be not closer to any rear property line than 10 feet.
Attached accessory building in Residential District. When an accessory building is attached to the principal building, it shall comply in all respects with the requirements of this chapter applicable to the principal building.
Maximum lot coverage is to include all principal and accessory structures.
§ 90-36 Mineral extraction.
In any district, the removal of more than 1,000 tons or 750 cubic yards per year of soil, sand, gravel or quarried stone for sale, except when incidental to or connected with construction of a building on the same premises, requires a New York State Department of Environmental Conservation (DEC) permit and approval. Local review by the Planning Board is not authorized. The Planning Board will be sent a copy of the applicant's proposal and may make suggestions on ingress, egress and hours of operation, but final decisions are that of the DEC.
§ 90-37 Junkyards.
No junk shall be located so as to be visible from public roads.
Location. Except as a continuation of a nonconforming use, no junk storage area shall be located within:
One hundred feet of any adjoining property line;
Five hundred feet of any existing dwellings;
Five hundred feet of any public park, church, educational facility, nursing home, public building or other place of public gathering;
Two hundred feet of any stream, lake, pond, wetland or other body of water;
Two hundred feet from the right-of-way of any public highway.
Fencing. There must be erected and maintained an eight-foot-high fence enclosing the entire junkyard and a locking gate, adequate to prohibit the entrance of children and others into the area of the activity or business and to contain within such fence the materials dealt with by the operator of the junkyard.
Screening. Where a junkyard is or would be visible from a public highway or from neighboring properties, the fence provided in Subsection B above shall be of wood or other materials sufficient to totally screen the junkyard from view.
Burning. No materials shall be burned in a junkyard except in compliance with the New York State Codes, Rules and Regulations on open fires (see 6 NYCRR Part 215).
Burying. No junkyard items shall buried in a junkyard except in compliance with the New York State Codes, Rules and Regulations on Solid Waste Management Facilities (see 6 NYCRR Part 360).
Approved junkyard items. No junkyard items shall be stored in any junk storage area other than those items specified on a junkyard permit approved by the Town Board pursuant to this section.
Fire lane. Inside and adjacent to and contiguous with the fence mentioned in Subsection B above, a strip of land at least 15 feet in width shall be kept free of all dry grass or other growth or combustible material so as to provide a fire lane or line around the whole junkyard. There shall be internal fire lanes within every 100 feet apart, and 15 feet in width.
Junkyard permit.
No person shall establish or maintain a junkyard within the Town of Minden unless a permit has first been issued for such junkyard pursuant to this section, and all New York State requirements for a junkyard have been met.
No person owning, having any right to or interest in any real property within the Town of Minden shall license, rent, lease or otherwise permit the use of such real property or any part thereof for a junkyard unless a permit has first been issued for such junkyard pursuant to this section.
All permits issued shall be effective for one year from the date of its issuance until the 30th day of June of the following year, after which a new application for a permit must be made yearly if the permittee desires to continue such activity or business.
A junkyard permit is nontransferable to any subsequent owner.
Application procedure:
The applicant for a junkyard permit shall obtain application forms from the Town Clerk. The completed forms along with one copy of the proposed site plan, and the appropriate fees, shall be returned to the Town Clerk. The Town Clerk shall submit the application materials to the Town Planning Board. The Planning Board shall review the junkyard permit and prepare an advisory opinion on the approval or disapproval of a junkyard permit for the Town Board within 45 days of receipt of a complete junkyard application from the Town Clerk.
Site plan contents. The site plan shall be drawn to scale or indicating all dimensions and show:
All existing and proposed structures, including fences;
All property lines, including the names of owners of adjacent property;
All streams, lakes, wetlands, floodplains and other water bodies;
All well and sanitary facilities;
All roads and easements;
All existing and proposed junk storage areas;
All existing and proposed accessways, and parking and loading areas.
Environmental impact statement. An environmental assessment form shall be completed and submitted with all applications pursuant to the provisions of the State Environmental Quality Act, 6 NYCRR Part 617. If the EAF indicates that the proposed activity may have significant environmental consequences, the Town Board shall require that a draft environmental impact statement (DEIS) be submitted with the application. The application shall not be considered complete until the DEIS has been accepted by the Town Board.
Application fee. An application fee as set from time to time by resolution of the Town Board shall accompany all applications.
Public hearing. After receipt of the advisory opinion from the Planning Board, the Town Board shall fix a time for a public hearing. Notice of the hearing shall be made in the official newspaper at least five days prior to the date thereof. At the hearing, the Town Board shall hear the applicant and all other persons wishing to be heard on the application for a junkyard permit.
Town Board action. Within 45 days of said hearing the Town Board shall render decision to approve, approve subject to conditions, or disapprove the application for a junkyard permit. The forty-five-day period may be extended by mutual consent of the applicant and the Town Board. All findings of the Town Board shall be entered into the official minutes of the Town. The decision of the Town Board shall immediately be filed in the office of the Town Clerk and the applicant shall be notified of the decision and the reasons for such decision by certified mail within five days of the decision of the Town Board. Upon approval of the site plan and application, and payment of the fees and reimbursable costs due the Town, the Town Board shall endorse its approval upon a copy of the final site plan and application.
Issuance of permit:
If the application is approved by the Town Board, a junkyard permit shall be issued by the Clerk.
If the application is approved with conditions by the Town Board, the Town Clerk shall issue a junkyard permit upon notification by the Code Enforcement Officer that said conditions have been complied with.
General considerations.
Aesthetic considerations. In granting or denying a permit, the Town Board shall take the following aesthetic factors into consideration:
Locational considerations. In granting or denying a permit, the Town Board shall take the following locational factors into consideration:
The nature and development of surrounding property, such as the proximity of public parks, churches, educational facilities, nursing homes, public buildings or places of public gathering.
Whether or not the proposed location can be reasonably protected from affecting the public health and safety by reason of offensive or unhealthy noise, odors or smoke, or of other causes.
The proximity of streams, lakes, wetlands, floodplains, groundwater supplies and public water supplies.
Local drainage patterns.
The long-range Comprehensive Plan for the Town.
Proximity of the site to established residential or recreational areas.
Availability of other suitable sites for the junkyard.
Revocation of permit. The Town Board may revoke a junkyard permit upon reasonable cause should the applicant fail to comply with any provision of this chapter. Before a permit may be revoked, a public hearing shall be held by the Town Board. Notice of the hearing shall be made in the official newspaper at least five days prior to the date thereof. The permit holder shall be notified of the hearing by certified mail at least five days prior to the hearing. At the hearing the Town Board shall hear the permit holder and all other persons wishing to be heard on the revocation of the junkyard permit. Should the Town Board decide to revoke a permit, the reasons for such revocation shall be stated in the Town Board minutes. The permit holder shall be immediately notified of the revocation by certified mail.
§ 90-38 Signs.
Signs shall comply with the following regulations.
General. A sign shall be permitted to advertise nonresidential uses on site. Signs shall be of such design and construction so as to convey information with clarity and without disruption to the character of the community. Such signs shall conform to the following general design principles:
The lowest point of a hanging sign in a pedestrian circulation area should be at least 7 1/2 feet aboveground.
Signs should be a subordinate part of the local landscape and as small as practicable.
Signs should have a minimum of information in order to avoid clutter and confusion.
Whenever feasible, multiple signs should be combined into one to avoid clutter.
No sign shall be located so as to project into the public right-of-way or to be a hazard to traffic or pedestrians, to obstruct any door, window, ventilating system or fire escape or to cause any other hazard to public safety or peril.
If sign is illuminated, the source of light shall not be visible.
Exempt signs. The following signs shall be exempt from the requirements from the requirements of this section:
Historical markers, tablets and statues, memorial signs and plaques, names of buildings and dates of erection, when cut into masonry surface or when constructed or bronze, stainless steel or similar materials; and emblems installed by government agencies, religious or nonprofit organizations; not exceeding 32 square feet.
Flags and insignia of any government except when displayed in connection with a commercial promotion.
Traffic or other municipal signs.
Legal notices or such temporary, emergency or nonadvertising signs may be authorized by the Town.
A farm produce sign not exceeding six square feet.
Temporary nonilluminated signs on the premises for up to one year for the following purposes:
Real estate "For Sale" or "For Rent" signs not exceeding six square feet and located on the front wall of the building or if freestanding, not nearer than 10 feet from a roadway edge on the subject property.
Signs which announce anticipated occupancy of a site or building or identifies the contractors, architects, engineers, etc. on a building or site under construction, not exceeding 20 square feet in area. Such sign shall be a minimum of 10 feet from a roadway edge on the subject property.
Temporary off-premises directional signs for the convenience of the general public not exceeding two square feet in area.
Signs or bulletin board customarily incidental to places of worship, libraries or museums, erected on the premises for purposes of displaying temporary public information notices, not exceeding 15 square feet in area.
Prohibitions. The following signs shall be prohibited unless otherwise exempted by the Planning Board:
Except for holiday seasons, grand openings and other special or temporary events, not to exceed 30 days, no sign shall include or consist of pennants, ribbons, streamers, spinners or other moving, fluttering or revolving devices.
No sign shall contain flashing lights.
No revolving, moving or animated signs shall be permitted.
No advertising sign (i.e., billboard) shall be allowed on-site.
No temporary, movable signs, except for holiday seasons, grand openings and other special events, for up to 60 days, shall be allowed.
Freestanding signs. All freestanding signs shall comply with the following standards:
Only one freestanding sign, which may be double-faced, shall be permitted for the primary frontage of a property on a public street. Not more than one freestanding sign shall be permitted for each business structure, plaza, etc. regardless of the number of stores housed therein.
All signs should be erected a minimum of 15 feet from any roadway edge.
The maximum height for a freestanding sign, unless otherwise indicated, shall be 15 feet.
Total area of freestanding sign, not including supports, is 30 square feet.
Building signs. Signs attached to a building shall conform to the following standards:
The maximum area of the sign shall not exceed 10% of the building face area.
Signs shall not project above the highest point along the face of the building.
Iconic signs, such as barber poles, eyeglasses, etc. which are traditional in appearance and size should not extend more than four feet from a building wall, nor occupy a space of more than 15 square feet when viewed from any angle.
One sign not exceeding four square feet in area may be hung under a roof overhang perpendicular to each store front in a shopping center.
Directional signs for pedestrian and traffic control should not exceed four square feet in area each.
In R-1 Residential and A Agricultural Districts, nonilluminated and nonadvertising signs are permitted as follows:
One nameplate, identification or professional sign, not to exceed an aggregate of 12 square feet of sign area, showing the name or permitted home occupation of the occupant of the premises.
One sign not to exceed six square feet of sign area during and pertaining to the sale, lease or rental of the land or building.
§ 90-39 Permanent building foundations.
All dwellings, including one-family, two-family, multiple-family, boarding or rooming houses, tiny houses, mobile manufactured homes and factory manufactured homes, shall be placed upon a permanent foundation, except for temporary (no longer than six months) mobile manufactured homes permitted by special use permit by the Planning Board.
§ 90-40 Vision clearance at intersections.
No obstructions to vision, such as shrubbery, brush, trees, earth or structure, shall be permitted at road intersections within the triangle formed by the intersections of road center lines and a line drawn between points along such lines 20 feet distance from their point of intersection.
§ 90-41 Landscaping and buffering requirements.
Where any permitted nonresidential land use, multiple-family development, mobile manufactured home park, etc. abuts an existing residential parcel or vacant parcel where residential development could occur, a strip of land at least 20 feet wide shall be maintained as a landscaped area in the front, side and/or rear yard which adjoin these uses.
Required landscaping shall be installed and maintained in a healthy growing condition and shall be such that a minimum of a four-foot high screening or hedge consisting of well-kept grassed areas or ground cover with shade trees, deciduous shrubs, or evergreens.
Buffers between farm and nonfarm uses, and protection of agricultural lands.
All major subdivisions and commercial developments in the A District shall provide for an agricultural buffer between itself and an agricultural operation that may be present. Buffers shall be established to reduce the exposure of nonfarm uses to odors, noise, and other potential nuisances associated with the agricultural operation and to protect the agricultural operation from potential complaints related to same. Buffers shall also be required between new agricultural-related businesses and residential areas or uses in the A District.
Agricultural buffers between farms and minor subdivisions and single and two-family residences are not required provided the applicant states, in writing, that they acknowledge the potential odors, sounds and other potential nuisances associated with an adjacent agricultural operation, that they accept those nuisances, and that they choose to not provide an effective buffer against those agricultural operations and effects. This written statement shall be entered into the official file for that application with the Planning Board. Absent such a written statement, the Planning Board may require an agricultural buffer to be provided for by the nonfarm applicant.
When a buffer is required, the following standards shall be met.
Such buffers may consist of vegetative screening, woodlands, vegetated berms, or natural topographic features and shall be no less than 50 feet in width. This buffer shall be within the prescribed setbacks, rather than in addition to the setbacks required for such district. If the setback is less than 50 feet, the buffer shall be to the extent of the setback.
Buffers may be required to be larger depending upon the type of agriculture or farm use adjacent to the nonfarm use, the topography and the proposed design and planting of such buffer.
It shall be the responsibility of the nonfarm applicant, including new agricultural-related businesses, subject to approval by the Planning Board, to provide an effective buffer that will reasonably protect adjacent nonfarm areas from agricultural procedures.
For all site plan, abbreviated site plan, special use permits, and subdivision approvals, land disturbance shall be identified and located in a manner to protect the maximum amount of prime and statewide important farmland soils insofar as practical as follows:
On the least fertile soils for agricultural uses and in a manner which permits access to active agricultural land.
Within any woodland contained within the parcel, or along the far edges of open fields adjacent to any woodland, to reduce impact on agricultural operations and to enable new construction to be visually absorbed by natural landscape features.
In locations least likely to block or interrupt scenic vistas as seen from public roadways.
The Planning Board may require retention of existing vegetation and maintenance or creation of topography to buffer and screen new buildings. Removal of existing vegetation shall be minimized.
§ 90-42 Corner and through lots.
Front yard setbacks and minimum road frontages are required on both road fronts. The two remaining yards shall be designated by the applicant as to which will be the rear yard and which will be the side yard.
§ 90-43 Flag lots.
The access strip of land shall be a minimum of 60 feet wide and no more than 300 feet deep.
The minimum lot area, lot width and lot depth requirements shall be met excluding the land contained in the access strip.
Minimum front, side and rear setback requirements shall be met, excluding the narrow access strip.
No more than one flag lot shall be served by a single access strip.
Access strips shall be a minimum distance apart of at least the minimum lot width in the zoning district.
Access strip shall not be a deeded right-of-way but shall be owned in fee title by the owner of the flag parcel.
No more than 10% of the lots in a new residential subdivision approved after the date of the adoption of this chapter shall be flag lots.
§ 90-44 Environmental quality review.
The State Environmental Quality Review requires that local government examine the environmental impact of all actions they permit, fund or construct. Article 8 of the Environmental Conservation Law and Part 617 of Title 6 of the New York Code of Rules and Regulations as may be amended from time to time are hereby adopted by reference.
§ 90-45 Dish antennas.
All dish antennas over 36 inches shall be located in either the side or rear yards, unless the owner can prove his/her only "window of reception" is in the front yard. In the event that no "window of reception" is available on the ground, such antennas may be placed on the roof of the dwelling structure.
The location and design of dish antennas shall minimize the visual impact on adjacent property as determined by the Enforcement Officer, appealable to the Zoning Board of Appeals.
§ 90-46 Exterior lighting.
In no case shall any exterior lighting be directed toward the highway so as to interfere with the vision or attract the attention of the driver of a motor vehicle, nor shall the light be directed toward any other lot or cause excessive illumination of adjacent lots. All exterior lighting, including security lighting, signs or other uses shall be directed away from adjoining streets and properties. No direct glare shall be permitted and all lighting fixtures shall be shielded so that the angle of illumination is directed downwards rather than out.
Light source locations shall be chosen to minimize the hazards of glare. The ratio of spacing to mounting height shall not exceed a 4:1 ratio.
All poles or standards used to support outdoor lighting fixtures shall be anodized or otherwise coated to minimize glare from the light source.
The maximum height of the luminaire shall not exceed 18 feet.
The installation of any mercury-vapor fixture or lamp for use as outdoor lighting is prohibited.
The Planning Board may require all exterior lights to be extinguished 30 minutes after the close of business or after 11:00 p.m. unless the use is open 24 hours per day. Emergency lighting and pedestrian security lighting may be allowed to remain on after the close of business.
§ 90-47 Mobile manufactured homes including tiny homes.
Individual mobile manufactured homes shall be subject to all the regulations pertaining to detached one-family dwellings, in addition to the following standards:
General requirements.
All mobile manufactured homes shall have an adequate supply of pure water for drinking and domestic purposes, and a sewage disposal system. Both systems shall satisfy the requirements of the New York State Department of Health.
Unless classified as a tiny home, all mobile manufactured homes shall have a minimum size of 720 square feet of living area and a minimum width of 14 feet, and not over 20 years old at the date of application.
No additions shall be made to a mobile manufactured home except a canopy and/or porch open on three sides, or an addition made by the mobile manufactured home manufacturer and/or built in conformance with New York State Uniform Fire Prevention and Building Code Regulations.
All mobile manufactured homes installed in the Town shall meet current U.S. Department of Housing and Urban Development (HUD) standards and shall have a seal by HUD designating and verifying the age of the mobile manufactured home, with the exception of tiny homes.
Foundation construction. Each mobile manufactured home shall be set on a foundation constructed as follows:
Foundation to consist of a six-inch minimum reinforced concrete slab and must be equal to the external measurements of the mobile manufactured home to facilitate fastening of the foundation enclosure.
Slab must have at least eight inches of compactible material under it.
Suitable tie-down anchors must be installed under the main rails of the mobile manufactured home in the concrete; maximum of 15 feet apart.
A 10 feet by six feet by six inches reinforced concrete slab is required where the main door to the mobile manufactured home is located.
Foundation closure. The mobile manufactured home foundation shall be enclosed by a skirt securely fastened and extending from the outside wall of the mobile manufactured home to ground level around the entire perimeter of the mobile manufactured home. The skirt shall be constructed of sturdy wood, plastic, masonry or metal material capable of withstanding extreme weather conditions over extended periods of time. No skirt shall be required where a perimeter foundation fully encloses the area between the unit and the ground level. The tongue must be removed or fully enclosed by the skirt. No mobile manufactured home foundation shall exceed 48 inches in height above ground level.
No mobile manufactured home shall be used as a storage facility nor for housing of animals on any property.
All mobile manufactured homes shall be placed so that the longest side of the structure is parallel to the road upon which it has access to.
Only one mobile manufactured home shall be allowed per lot.
§ 90-48 Travel trailers and recreational vehicles.
Trailers and recreational vehicles are not to be considered a permanent dwelling unit. No trailer shall be used for storage nor for housing animals on any property.
Use during construction of a permanent dwelling. The use of a travel trailer or recreational vehicle as a temporary dwelling is allowed as a permitted use only on the same site where construction of a permanent dwelling or commercial building is taking place and subject to the following requirements. No trailer or recreational vehicle shall be used for the temporary or long-term housing needs related to commercial enterprises for any other circumstance.
Location. The use of a temporary dwelling during the construction of a permanent dwelling shall be allowed upon issuance of a building permit for the permanent dwelling.
Time limit. A temporary dwelling shall be allowed for a maximum of one year, unless an extension of one year is obtained. An extension beyond the second year shall require approval by the Planning Board.
Water and sewer. The temporary dwelling shall be connected to water supply and sewage disposal facilities approved by the Code Enforcement Official. In no event shall permanent connections to such facilities be provided.
Use for recreational purposes. The use of a travel trailer or recreational vehicle as a temporary dwelling for recreational purposes shall be allowed as follows:
The owner of a travel trailer or recreational vehicle may park it on his own property having a permanent dwelling on it no closer than 20 feet to any lot line. A travel trailer or recreational vehicle so parked shall not be used as living quarters and shall not be hooked up to any utilities except that such vehicles may be used for a period not to exceed 30 days during any calendar year.
A property owner may park his own or another person's travel trailer or recreational vehicle on his property not having a permanent dwelling on it, and this may be used as temporary, seasonal living quarters for more than 30 days but not to exceed four months during any calendar year. Only one such travel trailer or recreational vehicle per lot shall be so occupied. Prior to use, it shall obtain special use permit approval from the Planning Board of this chapter if it is to be occupied for more than 30 days in any calendar year. The special use permit shall be valid for two years and then must be reviewed and renewed by the Planning Board to ensure that all original conditions and requirements are still being met. The temporary dwelling shall also meet the following requirements:
Be placed on the lot so all setback requirements can be met.
Have a lot size equivalent to that for a single-family dwelling in the A District.
Show proof of on-site potable water supplies.
Show proof there will be adequate and safe control of all wastes as approved by the Health Department.
§ 90-49 Public utility and facilities.
Public utility substations and similar structures shall comply with the following:
Facility shall be surrounded by a fence set back from property lines in conformance with district regulations for front, side and rear yards.
Landscaped area at least 20 feet wide shall be maintained in front, side and rear yards.
Utility poles and attendant lines will be allowed, as necessary, in all districts.
Public utilities and facilities need to comply with all local regulations regarding lighting, noise, traffic and dust.
§ 90-50 Swimming pools.
Accessory to single-family dwellings. Swimming pools, whether permanent or portable, having depth of at least two feet, shall meet the front, rear and side setback requirements.
Accessory to residential developments. Swimming pools accessory to residential developments, whether clustered single-family dwellings, seasonal dwelling, bungalow colonies, camps or multifamily dwelling, shall be of permanent construction and shall be located not closer than 10 feet to any lot line and not closer than 10 feet to any dwelling unit and shall meet the setback of the existing house.
Nonresidential. Swimming pools that are part of nonresidential uses, whether commercial or noncommercial, such as hotels, motels, clubs, campgrounds, day-use recreational facilities or institution, shall be of permanent construction and shall be located not closer than the setback requirements for the district in which it is located.
Fencing. Fencing of swimming pools shall comply with the New York State Uniform Fire Prevention and Building Construction Code requirements.
§ 90-51 Sanitary regulations.
A separate and independent waste disposal system shall be provided for in new construction for individual household systems. No septic tank, absorption field, seepage pit, chemical toilet, privy, pipe or other means for the disposal or discharge of sewage or sink wastes shall be installed anywhere in the Town of Minden except as herein provided for in this section.
In addition to the individual aspects of the sewage treatment systems discussed in this section, the design and construction of all individual sewage treatment systems shall conform with the New York State Department of Health standards as filed with the New York State Secretary of State, 10 NYCRR Appendix 75-A, and any amendments or revisions thereto, more commonly known as "Wastewater Treatment Handbook, Individual Household Systems" (Waste Treatment Handbook, from hereon referred to as the "Handbook"), a copy of which is on file at the Town Clerk's office.
General standards.
Only sewage may be discharged into the on-site sewage disposal system. Surface and subsurface water, including roof, cellar, foundation and storm drainage, shall be excluded from such systems and shall be disposed of so they will in no way affect the septic system.
No leaching facilities shall be located under driveways, roads, parking areas or areas subject to heavy loading unless approved by the Code Enforcement Officer. Driveways shall not be constructed in a manner that will cause water to flow to, or drain to adjacent properties.
No leaching facility will be permitted within 200 feet of the shoreline of a lake, river, pond, stream if the percolation rate is less than three minutes per inch or less.
Any alternative system must be designed in accordance with approved standards by a licensed professional engineer and must be approved by the New York State Department of Health.
The design capacity of the sewage systems shall be calculated as provided for in the Handbook, with the following exception to septic tank capacity:
All septic capacities will be based on the number of household bedrooms, including an expansion attic which is to be considered as a individual bedroom, and percolation test results. The minimum size of an approved septic tank for the Town of Minden for any zone shall be 1,000 gallons or working capacity and shall be one-piece concrete, fiberglass or plastic and not steel or metal. Homes with more than three bedrooms shall be guided by the following table. Based on percolation test results, the Code Enforcement Officer shall have the authority to require a larger septic tank than referenced in the table below, and the Code Enforcement Officer may also require a leaching field be installed with larger dimensions than planned.
Number of Bedrooms | Minimum Capacity (in gallons) |
|---|---|
1, 2 or 3 | 1,000 |
4 | 1,200 |
5 or more | 1,250 |
All building sites constructing new sanitary septic systems and existing sites considering rehabilitation of the septic tank, leach field, etc. (restoring the existing septic system to its original state, condition or proper function), must have a percolation test performed at the site as described in the Handbook. A permit is not required to make minor repairs to the septic system that does not directly disturb the septic tank and/or the leaching areas (i.e., replacing or repairing the drain line from the house to the septic tank, having the septic tank pumped by an authorized company). The time for the stabilization rate of percolation is the basis for determining the absorption or leaching area required for the proposed sewage system. The results of the percolation test can be applied to the Required Absorption Area Tables in the Handbook to determine the necessary size of the leaching area. An investigation of subsoil conditions and a percolation test shall be made in conformance with the procedures described in the New York State Department of Health's Waste Treatment Handbook or in an amended and revised edition of the Handbook.
Sewage flows.
The design capacity of sewage systems shall be calculated as provided for in the Handbook as long as the minimum septic tank requirements as set forth in the above table have been met. Discharge into the sewage system shall be limited to wastes from plumbing fixtures. As required by the Handbook, salt wastes from water softeners and surface and subsurface water shall be excluded from the sewage disposal system.
All other aspects of the sewage system, including but not limited to the distribution devices, tile field, seepage pits, maintenance, installation shall conform to the Handbook's requirements.
Application procedure.
No installation, alteration or extension of any septic tank, absorption field, seepage pit, chemical toilet, privy, pipe or other discharge of sewage or sink waters shall be begun on new installations, or rehabilitation or reconstruction of existing installations, nor shall construction or erection of any structure or the placement of any mobile manufactured home intended for human occupancy be commenced until an application is filed with and approved by the Code Enforcement Officer. All applications for disposal systems must be made only by the owner or lessee of the lot which the system is proposed or by his duly authorized agent or assign.
A permit is needed for any modifications, alterations, extensions of or repairs to an existing on-site sewage disposal system.
This section has application to single-family and two-family dwellings only and does not apply to community, public, industrial, multiple-family (more than two) dwellings, subdivisions or other sewage disposal systems.
All applications shall be submitted to the Code Enforcement Officer and include such information as the Code Enforcement Officer shall require, including the following:
The name and address of the applicant.
A copy of the Tax Map section with specific location of the property on which the construction, alteration, repair or extension is proposed.
A plan of the proposed disposal system with substantiating data indicating that the minimum standards set forth in this section would be complied with.
A sketch of the property showing the location of the proposed disposal system construction, alteration, repair or extension and including delineation of the property lines and sources of water supply for the property and adjoining properties.
Evidence to demonstrate to the satisfaction of the Code Enforcement Officer that there is no public sewer available into which the sewage can be discharged from plumbing facilities in the proposed site, or that it is impracticable to discharge sewage from on-site plumbing facilities into a public sewer system.
A percolation test is required for the site of a proposed leaching facility. The percolation rate shall be determined by the methods described in the New York State Department of Health's Waste Treatment Handbook - Individual Household System, a copy of which is on file at the Town Clerk's office.
Site data which might affect, or be affected by, the proposed system, including but not limited to specifications regarding soil types, topography, depth to seasonal high groundwater, depth to impervious materials, depth to bedrock and distance to surface bodies of water. The determination of depth to seasonal high groundwater shall be made in the months of March, April, May or June, within six weeks of the time that the frost leaves the ground. All determinations shall be accompanied by a statement of the testing methods used as well as the basis for the determination.
It shall be the duty of the applicant to notify the Code Enforcement Officer when the installation of the disposal system is ready for inspection. No such installation shall be covered until it has been approved.
The Code Enforcement Officer may verify any and/or all results of such tests and require supporting information from the applicant necessary for his review and approval. When his discretion warrants, the Code Enforcement Officer shall request an individual designated by the Town Board to conduct any and all tests he deems necessary to complete his review. When this is necessary, all charges will be assumed by the applicant.
The Code Enforcement Officer shall determine whether or not an application is complete. The Code Enforcement Officer shall have the authority to require certification on retesting to verify information submitted as part of the application.
The Code Enforcement Officer may conduct such investigations, examinations, tests and site evaluations as he/she deems necessary to verify information contained in an application for a disposal system building permit, and the application or owner of the land on which the system is proposed shall grant the Code Enforcement Officer or his agent permission to enter on his land for these purposes.
The Code Enforcement Officer shall not issue an approval for a disposal system unless all pertinent site data has been submitted, verified and certified as required by this section, all permit fees have been paid, and the Code Enforcement Officer has determined that the alteration, repair or construction as proposed in the application complies with all specifications contained in this section. Further, all septic tanks must be filled with water before dye tests are completed.
The Code Enforcement Officer may, by written notice, order all further work stopped on any individual sewage disposal system which is being constructed or installed in violation of this section.