Minoa City Zoning Code
ARTICLE VIII
Supplementary Regulations
§ 160-14 Exceptions to front yard depth requirements in residential districts.
[Added 3-20-2000 by L.L. No. 1-2000]
A. PERMITTED STEPS/PORCH UNENCLOSED PORCH
As used in this section, the following terms shall have the meanings indicated:
Steps, stairways, landings, a deck and an unenclosed porch (but no other structure not otherwise permitted under this chapter) which are located adjacent to the front of the principal building on a lot and are not located any closer to the side boundary line of a lot than the principal building.
A porch which is not enclosed in any manner except by railings not exceeding three feet six inches in height.
B.
Notwithstanding anything to the contrary provided in this chapter:
(1)
Notwithstanding the twenty-five-foot front yard depth requirements set forth in § 160-8D(4)(a) for Residential A Districts and in § 160-9B(4)(a) for Residential A-1 Districts, the front yard depth requirements for permitted steps/porch (as defined in Subsection A above) in Residential A and Residential A-1 Districts shall be 20 feet, and permitted steps/porch (as defined in Subsection A above) may be constructed and maintained within the front yard in Residential A and Residential A-1 Districts so long as they are not closer than 20 feet to the street right-of-way line.
(2)
Notwithstanding the twenty-foot front yard requirement set forth in § 160-10D(4)(a)[1] for Residential B Districts, the front yard depth requirements for permitted steps/porch (as defined in Subsection A above) in Residential B Districts shall be 15 feet, and permitted steps/porch (as defined in Subsection A above) may be constructed and maintained within the front yard of a Residential B District so long as they are not closer than 15 feet to the street right-of-way line.
§ 160-15 Off-street parking.
A.
Parking spaces required. The following off-street parking spaces shall be provided and satisfactorily maintained by the owner of the property for each building erected or altered for use for any of the following purposes:
(1)
Dwelling: at least one parking space for each family therein and at least one parking space for every two boarders and/or lodgers therein.
(2)
Theater, church or other place of public assemblage: at least one parking space for every six seats, based on maximum seating capacity.
(3)
Hotel or motel: at least one parking space for each guest sleeping room.
(4)
Restaurant or other eating place: at least one parking space for every four seats.
(5)
Hospital: at least one parking space for every four beds.
(6)
Retail store, personal service shop, professional office, undertaking establishment, kennel, pet shop and veterinary hospital: at least one parking space for every 300 square feet of floor area.
(7)
Bank and office building: at least one parking space for every 500 square feet of floor space.
(8)
Industrial or manufacturing establishment: at least one parking space for every four employees during the greatest shift.
(9)
Public, private and parochial schools: at least one parking space for each classroom therein.
B.
Additional regulations.
(1)
All parking spaces shall be on the same lot with the principal building, except that such parking spaces may be otherwise located upon approval of the Board of Appeals granted in accordance with this chapter, and upon the further finding that it is impractical to provide parking on the same lot with such building.
(2)
When the application of a unit of measurement for parking spaces to a particular use or structure results in a fractional space, any fraction under 1/2 shall be disregarded and fractions of 1/2 or over shall be construed to require one parking space.
§ 160-16 Height exceptions.
The height limitations provided for in this chapter shall not apply to spires, belfries, cupolas, penthouses and domes not used for human occupancy; nor to chimneys, ventilators, skylights, water tanks, bulkheads, silos, barns, amateur radio receiving and transmitting equipment, and necessary mechanical appurtenances usually carried above the roof level. Such features, however, shall be erected only to such height as is necessary to accomplish the purpose they are designed to serve and shall in no event exceed 50 feet in height without the prior approval of the Board of Appeals granted in accordance with this chapter.
§ 160-17 Signs.
[Amended 6-20-2011 by L.L. No. 2-2011]
A.
Intent. The purpose of the signage regulations in §§ 160-17, 160-17.1, 160-17.2, 160-17.3 and 160-17.4 are to encourage the effective use of signs as a means of communication in the Village; to minimize possible adverse effects of signs on nearby public and private properties; to maintain and enhance the visual and aesthetic environment; to improve pedestrian and vehicular traffic safety; and to enable the fair and consistent enforcement of these sign regulations by the Village.
B. SIGN SIGN, ADVERTISING
Definitions. As used in §§ 160-17, 160-17.1, 160-17.2, 160-17.3 and 160-17.4, the following terms shall have the meanings indicated:
Any letter, word, model, banner, pennant, insignia, logo, symbol, trade flag or other device or representation used as or which is in the nature of an advertisement, announcement or direction, but excluding any public traffic or directional signs or signals. Signs regulated by this section shall also include those signs which are painted or affixed to the interior or exterior of a window and visible from the exterior of the premises which are intended to advertise and/or identify the name of the business or entity and/or any products or services provided or sold, on or off the premises, for compensation.
Any sign which directs attention to a business, commodity, service or entertainment conducted, sold or offered elsewhere than on the premises and only incidentally on the premises if at all.
C.
Computation of permissible sign area. When computing the total permissible sign area for any use, the following shall apply:
(1)
Existing signs shall be included.
(2)
The total area of all signs shall not exceed the requirements as set forth in this chapter.
(3)
Signs consisting of freestanding letters, numerals or other devices shall include any intervening spaces between them.
(4)
Back-to-back signs may be counted as one sign with only the larger face area to be used.
(5)
Only the larger face area of a double-faced or V-type sign shall be used.
D.
Conformance. Any sign shall be erected, replaced, moved or modified in conformity with the provisions of § 160-17A.1. All actions related to questions of conformance shall be subject to the review and decision thereon by the Planning Board. See § 160-17.1J for the regulation of temporary signs. Where the provisions relating to § 160-17.1B through N may be in conflict with the signage provisions relating specifically to the respective zoning districts in § 160-17.2, the latter provisions shall apply.
§ 160-17.1 General provisions for signs.
[Added 6-20-2011 by L.L. No. 2-2011]
Applying to all districts except where expressly provided otherwise herein:
A.
The Village Codes Enforcement Officer shall review for conformance all completed applications to erect, replace, move or modify signs. Same shall be reviewed to ensure that signage design is consistent with the design principles which predominate among the existing and proposed buildings within the zone and the surrounding area, including residential, and will not adversely affect the desirability of the immediate and surrounding area, including residential. Design principles to be addressed include, but are not limited to, the suitability of design and type of proposed sign, including height, line, color and texture of materials to be used in relation to the immediate and surrounding area, including residential. The Village Codes Enforcement Officer may issue limited permits required for certain temporary signage requiring a limited permit without requirement of Planning Board referral or recommendation. The Village Codes Enforcement Officer shall forward all other applications that are in compliance and do not require a special permit to the Planning Board (or Board of Trustees, if requiring a special permit) within five business days for review and approval on the issuance of a sign permit. The Planning Board's recommendation shall be limited to ensuring consistency with the spirit of this chapter (i.e., as to features and components of the proposed signage not expressly regulated herein), and shall otherwise determine that generally the relevant criteria/standards described at § 160-17.3 (for special permits) have been met or not violated. The Planning Board's decision or Board of Trustee's decision, if for a special permit, shall be rendered to the Village Codes Enforcement Officer within 45 days of receipt of said application (or pursuant to § 160-17.3A if for a special permit). If the signage is part of an application for a site plan approval, and not required a special permit, the Planning Board's decision on the site plan shall include its decision on the proposed signage. The payment of an application fee in accordance with the Village's Schedule of Fees shall accompany all sign permit applications. The Village Codes Enforcement Officer may maintain a book of photographs and/or drawings representing the types and styles of signs preferred in the Village in order to assist in expediting the application process. All sign permit applications not expressly identified as being subject to special permit review or temporary signage permit issuance by the Codes Enforcement Officer shall be subject to Planning Board review and approval.
B.
Relationship to use. All signs except for temporary signs and except for billboards permitted under § 160-17.1M must pertain to a use conducted on the same property on which the sign is located.
C.
Illumination.
(1)
Permitted signs may be illuminated except where this § 160-17.1 specifically prohibits certain signs from being illuminated. However, signs or sign illumination shall not be twinkling, flashing, or otherwise intermittent (except for time/temperature signs), or of changing degrees of color or intensity. Further, neon or LED signs shall only be permitted on the inside of buildings. No sign shall contain or consist of Day-Glo-like material.
(2)
Light sources, other than within the signage characters such as with neon or LED signage, that are used for illuminating signage shall be shielded and shall not be a source of glare. All light sources shall generate less than one footcandle of light measured at a distance of four feet from the light source.
(3)
Upon referral by the Village Codes Enforcement Officer and/or Planning Board, the Planning Board may require the submission of an illumination plan and may further regulate the number, placement, intensity and hours of illumination of all light fixtures used for signage.
D.
Placement. No sign shall be located so as to obscure any signs displayed by a public authority, nor shall any sign be placed in such a way as to obstruct proper vehicular sight distance. Further, signs shall not interfere with any ventilation system, door, window, fire escape or other emergency exit. Notwithstanding any other provision hereof to the contrary or otherwise, no signage of any kind shall be placed upon other signage, utilizing poles or other public utility infrastructure or improvements.
E.
Movement/animation/removable letters or lights. No sign or sign component shall be moving, animated, rotating or revolving. Further, no sign shall contain removable letters, except for signs associated with educational, religious or municipal institutions, gas stations, or with theaters or similar facilities. In addition, light strips and strings of lights shall not be used for advertising or attracting attention to a sign when they do not comprise the text of the sign.
F.
Maintenance and quality of signs. All signs and components thereof shall be kept in good repair and in safe, neat and clean conditions. All signs and related illumination shall be of a professional quality with respect to such matters as design, painting, lettering, materials and construction.
G.
Nonconforming signs. All signs that do not conform to the provisions of this § 160-17.1 shall be subject to the following requirements:
(2)
Amortization. A sign not complying with §§ 160-17, 160-17.1, 160-17.2, 160-17.3 and 160-17.4, but in place, by permit, on the effective date of §§ 160-17, 160-17.1, 160-17.2, 160-17.3 and 160-17.4, shall be removed, or brought into compliance with §§ 160-17, 160-17.1, 160-17.2, 160-17.3 and 160-17.4 within 10 years after the effective date of this § 160-17.1G. Such period shall be 15 years provided that the Village Board determines, based upon competent evidence, that the sign was constructed within five years prior to the effective date of this § 160-17.1G. Signs which were erected without a sign permit and which are prohibited by §§ 160-17, 160-17.1, 160-17.2, 160-17.3 and 160-17.4 shall be removed.
(3)
Continuance. A nonconforming sign may be continued during the amortization period if it is maintained in good condition. It shall not, however, be replaced by another nonconforming sign. A nonconforming sign may not be structurally altered so as to prolong the life of the sign. It may not be reestablished after damage or destruction if the Building Inspector determines that the estimated cost of reconstruction exceeds 50% of the estimated replacement cost.
(4)
Nuisance. An unsafe or abandoned sign is declared a public nuisance, which shall be abated by the owner within 30 days of receiving notice from the Building Inspector.
H.
Projecting signs. Projecting signs of a marquee type shall require a special permit issued by the Village Board of Trustees. Marquee-type signs are permitted for theaters and similar large-scale assembly and patron facilities only. All other projecting signs shall be subject to Planning Board recommendation. For all projecting signs, there shall be at least a ten-foot clearance above pedestrian rights-of-way and at least a fourteen-foot clearance above vehicular rights-of-way for permitted signs projecting from buildings into the vehicular right-of-way. For purposes hereof the vehicular right-of-way shall include the existing (or any intended widening of the) paved portion of the right-of-way plus an additional 20 feet of depth within the portion of the improved area of the right-of-way nearest to the building with the projecting sign. Signs shall not project vertically above the roofline or parapet, or extend horizontally beyond the limits of the building.
I.
Traffic hazard, safety, and obstruction. Every sign shall be designed and located in such a manner as to:
J.
Temporary signs.
(1)
Definition. Temporary signs are those which are displayed for short periods of time. Unless expressly otherwise provided below, all temporary signs shall be limited in usage to a maximum of 45 days and shall be removed within 48 hours following the event or last day thereof. Signs shall not be considered temporary if they are effectively displayed on an ongoing basis, interrupted by short intervals when they are not displayed.
(2)
The following types of temporary signs shall not require (or shall require where indicated a limited) a signage permit:
(a)
"For sale," "for rent" or "sold" signs: no permit required. No more than two temporary signs, not exceeding six square feet in area, are permitted for each real estate subdivision, set back at least at least 10 feet from the street line upon which the property is located. This signage usage shall be allowed beyond 45 days.
(b)
Temporary sign during development; construction: limited permit required. The developer, architect, engineer, contractors and mortgage lender shall be allowed one combined sign not exceeding six square feet in area. Such signs shall be permitted during the entire course of development construction but shall be removed at the end of construction. Such signs shall be permitted only for commercial, governmental or institutional projects and for commercial/residential PDD and subdivision developments (the latter limited to one sign per PDD or subdivision).
(c)
Temporary political signs: In order to preserve aesthetics and ensure traffic safety in the Village of Minoa, political signs advocating the candidacy of an individual or individuals for public office are permitted; subject, however, to the following conditions:
[Amended 9-18-2017 by L.L. No. 2-2017]
[1]
No sign may be erected in a public street or placed in such a fashion as would be hazardous to traffic or public safety.
[2]
No sign shall exceed six square feet.
[3]
Such signs shall not be subject to the forty-five-day limitation in § 160-17.1J(1) above but shall be removed within 48 hours following election day.
(d)
Garage sales or the like: no permit required. Temporary signs pertaining to garage sales, tag sales or other business activities which have a duration of seven calendar days or less.
(e)
Civic/philanthropic/educational/religious signs: No permit required. Temporary signs pertaining to events of civic, philanthropic, educational or religious institutions and/or affiliated associations shall not be subject to the size limitation contained in § 160-17.1J(4).
(3)
Payment of a review fee in accordance with the Village's Schedule of Fees shall accompany the application for signs which are subject to the issuance of Limited Permit for temporary signage.
(4)
Except as provided in § 160-17.1J(2)(a) through (d), temporary signs shall not exceed eight square feet in area and shall not be illuminated.
(5)
Temporary signs shall not have an adhesive backing and must be easily removable without residual markings.
K.
Freestanding signs. Freestanding signs shall require a special permit issued by the Village Board of Trustees. No freestanding sign shall extend more than 10 feet from the ground to the top of the sign except for a freestanding sign associated with a shopping center or a motor vehicle service station, which shall not extend more than 15 feet from the ground to the top of the sign. Freestanding signs shall be part of a monument and not pylon or similar post-supported structure.
L.
Prohibitions. The following types of signs and artificial lighting are prohibited:
(1)
Billboards, except for those which are existing on the effective date of these regulations and which are associated with a site which is on the National Register of Historic Places.
(2)
Signs that compete for attention with or may be mistaken for a traffic signal.
(3)
Searchlights, beacons, blimps and permanent balloons.
(4)
Signs attached to or painted on trucks or other large vehicles when the vehicle is obviously marked and parked in such a manner as to advertise or attract attention to an establishment or business.
(5)
Banners, flags, strings of balloons, flags or lights, or similar outdoor advertising, except on a temporary basis with respect to the opening, reopening or remodeling of the business (that is, limited to a maximum duration of 45 days).
M.
Consistent signage. Where a building or site is permitted more than one sign by the provisions of this § 160-17.1, all new signs shall be consistent relative to one another in terms of size, general shape, materials and colors and, if building-mounted, location on the building (mounting height). Further, the Planning Board (and/or Board of Trustees, if considering a special permit application) may require the submission of a master signage plan for the site which shows said consistency.
N.
Window signs. The combination of permanent and temporary signage applied to or placed within two feet of the interior of any given window shall be considered part of the signage in accordance with the provisions of this § 160-17.1. Further, in no event shall permanent window signage exceed 25% of the window on or within which it is located. Merchandise for sale is not considered part of the signage for purposes of this item.
§ 160-17.2 District specific standards for signs.
[Added 6-20-2011 by L.L. No. 2-2011]
The following signage shall be permitted within the districts listed below and shall be regulated therein, as follows. Said signage shall also conform to the provisions of § 160-17.1A through N above, as qualified in § 160-17.1B.
A.
All districts.
(1)
Directional or information sign, not exceeding four square feet.
(2)
Signs necessary for public safety or welfare, not exceeding four square feet, but this subsection shall not include commercial signs. In no instances will signs, posters, etc., be permitted on utility poles.
(3)
Signs, not to exceed four square feet, advertising for sale goods produced on the owner's land, such as wood, produce, livestock and Christmas trees. Such signs will be permitted on a temporary or seasonal basis only.
B.
Residential B Districts.
(1)
With respect to nurseries and the seasonal sale of produce, signs shall conform to § 160-17.2B(5).
(2)
With respect to funeral homes, there shall be no signs other than those permitted in § 160-17.2B(5).
(3)
With respect to customary home occupations, no display of signage shall be visible from the street, except as set forth in § 160-17.2B(5).
(4)
With respect to bed-and-breakfast establishments, one sign designating a bed-and-breakfast establishment shall be permitted, subject to the following conditions:
(a)
The area of the sign shall not exceed two square feet.
(b)
If freestanding, the overall height of the sign shall not exceed six feet as measured from the finished grade to the top of the sign.
(c)
The sign shall not be internally illuminated.
(d)
If externally illuminated, the illumination shall not exceed the equivalent of a one-hundred-watt bulb.
(e)
If illuminated, the illumination shall be constant, shall be directed towards the sign and shall be shielded from the view of the street and neighboring properties.
(5)
Signs conforming to the following shall be permitted as accessory uses:
C.
Commercial Districts.
(1)
Signs accessory to an establishment located on the same lot shall be permitted, provided that such signs shall be limited as set forth in this § 160-17.2C(1) and (2) as follows:
(a)
Not more than one such sign, excluding signs in windows, shall be permitted for each tenant on the premises on each facade which fronts on a street.
(b)
The aggregate area, in square feet, of all signs on any wall shall be not greater than 5% of the building facade or 100 square feet, whichever is less, of the wall on which it is placed.
(c)
Such signage shall not exceed the building height limitations of the district in which located and shall not exceed the highest point of the building's roof.
(d)
Such sign or signs shall be parallel or perpendicular to the face of the building and no part thereof, including any illuminating devices, shall project no more than 12 inches outward from the face of the wall to which it is applied for parallel signs and no more than 36 inches outward from the face of the wall to which it is applied for perpendicular signs.
(e)
In addition, where the building is set back from the curbline a distance of 25 feet or more, not more than one freestanding sign with a total area on each face of not more than 40 square feet may be erected; provided, however, that the Village Board may, in accordance with the procedure set forth in § 160-17.3 of this chapter, grant a special permit for the erection or continuance of a freestanding sign with an area on each face not exceeding 40 square or such lesser area as the Village Board may prescribe in instances where the building is set back from the curb or edge of traveled way less than 25 feet but 15 feet or more, subject to such conditions as the Village Board may impose and with due regard to safety and other factors set forth in § 160-17.1I where the Board shall find that:
[1]
The building in connection with which such sign is used or to be used was in existence on the effective date of this provision, and has not after that date been altered to cause it to be closer to the curbline or edge of traveled way; and
[2]
Other permitted signs are not, because of lack of visibility or other reason, adequate in the determination of the Village Board and, for that or other reason, the Village Board deems such sign to be necessary or desirable.
(f)
The proposed signage in all other respects, and notwithstanding its location, is in relative character with the neighborhood and nearby community.
(2)
Motor vehicle service stations.
(a)
Unless otherwise required by law, signs shall be limited to one freestanding sign and one exterior sign on each wall of a building fronting on a street.
(b)
In connection with the sale of used cars or rental of vehicles at a service station, no temporary signs shall be permitted on the exterior of vehicles. Signs in the interior of vehicles shall be limited to one per vehicle, not to exceed 12 inches by 15 inches. Sign printing shall have characters not larger than one inch.
D.
Industrial Districts; accessory signs. One sign shall be permitted facing each street from which access to the lot is provided. Such sign shall be applied onto the wall of the building and shall not exceed an area of 50 square feet or an area equal to 1 1/2 times the length, in feet, of the wall on which is placed, whichever is less. All light sources shall be shielded from the view of adjacent lots and streets and shall, except for lights suitable for security purposes, be extinguished not later than 9:00 p.m. One identification sign at each point of access to the lot, with an area of not more than three square feet, shall also be permitted. A single directory sign, not exceeding eight feet in height, may be erected at the entrance of a complex of sites; each listing on such sign shall not exceed eight inches in height and two feet in length.
§ 160-17.3 Special permit requirements for signs.
[Added 6-20-2011 by L.L. No. 2-2011]
A.
Special permit procedure for signs.
[Amended 11-21-2011 by L.L. No. 5-2011]
(1)
Application. An application for a special permit for signs shall be submitted to the Village Board of Trustees. The following information is required to accompany the application:
(a)
Land. A description of the land to which the proposed special permit will relate.
(b)
Use; occupancy. A statement of the existing and proposed use of all parts of the land and the location, character and existing and proposed use of any existing or proposed buildings or structures, including the number of floors, entrances, rooms, type of construction.
(c)
Identity of owner and applicant. The full name and address of the owner(s) and of the applicant(s), and the names and addresses of their responsible officers if any of them are corporations.
(d)
Sign. A brief description of the nature of the proposed sign.
(e)
Additional information. Such other information as may reasonably be required by the Village Board of Trustees to establish compliance of the proposed sign in use with the requirements of this chapter.
B.
Special permit standards and criteria for signs.
(1)
All signs are in harmony with the overall architectural concept for the site and be architecturally and artistically compatible with each other and the other buildings. Sign type, color scheme, size, and illumination within the site shall be coordinated.
(2)
The proposed signage is not violative of any Comprehensive Plan of the Village.
(3)
The signage shall not adversely affect the public health, safety and welfare, comfort and convenience of the public in general and the residents, businesses, and property owners of the immediate neighborhood in particular.
(4)
The size and complexity of the complex or campus warrants the need for extra signage under the provisions of this chapter.
(5)
The placement of signage at or near entrances provides superior visibility in order to assure the safety of the driving public.
(6)
The proposed signs are adequate in number to safely direct the public to the use or uses on the site.
(7)
The proposed signs do not have any adverse impact on the visibility of adjacent signs, and are consistent with, or an improvement to, the prevailing type and style of signage in the general area.
(8)
The proposed signs will be of a style and color which will complement the architecture of the site and the area in general.
§ 160-17.4 Waiver authority; variance authority.
[Added 6-20-2011 by L.L. No. 2-2011]
The Village Board of Trustees shall have the authority to waive the strict application of any area, dimensional, setback or other cosmetic or aesthetic requirement for signage under §§ 160-17.1, 160-17.2 and subsections thereof, if it determines, in its sole discretion, that the standards/criteria (otherwise applicable to special permits) under § 160-17.3, or such of them as are relevant to the particular signage proposed, are met (or not violated) by the proposed signage. This waiver authority shall apply both to signage issued under special permit or by Planning Board and/or Codes Enforcement Officer approval authority. Nothing in §§ 160-17, 160-17.1, 160-17.2, 160-17.3 and 160-17.4 shall be deemed to limit, restrict or deny an applicant's right to apply to the Village Board of Zoning Appeals for the appropriate variance to permit signage otherwise prohibited or restricted pursuant to §§ 160-17, 160-17.1, 160-17.2, 160-17.3 and 160-17.4.
§ 160-18 Keeping of animals and poultry.
A.
In any residential district or Open Land District, no lot may be used or occupied, and no structure, accessory building nor structure may be erected, altered or used, for the raising or harboring of swine, goats, rabbits, cows, poultry, foxes, mink, skunks or any fur-bearing animals, except upon approval of the Board of Appeals in accordance with this chapter.
B.
The provisions of this section shall not apply to the raising or harboring of domestic animals or poultry on a farm, as defined in this chapter.
§ 160-19 Storing and parking of vehicles restricted.
A.
In any Commercial or Industrial District, no land or structure shall be used or occupied for the purposes of storing, parking, loading or unloading motor vehicles unless an area sufficient to permit a complete turnaround or throughdrive by such vehicles is reserved.
B.
In any Commercial or Industrial District, no unregistered motor vehicles shall be stored or parked out of doors except upon real property upon which new or used motor vehicles are being sold by licensed motor vehicle dealers.
[Added 3-20-2000 by L.L. No. 1-2000]
C.
No inoperable motor vehicle shall be stored or parked out of doors.
[Added 3-20-2000 by L.L. No. 1-2000]
§ 160-20 Yard requirements for adjoining lots.
Where a lot in a Commercial or Industrial District adjoins a lot in a residential district or Open Land District, the front and side yards of the lot in the Commercial or Industrial District shall be at least equal in depth and width to the depth and width required for the adjoining front and side yards of the lot in that residential district or Open Land District. Where a lot in a Commercial or Industrial District abuts a lot in a residential district or Open Land District and no deeper rear yard is required by the regulations of the Commercial or Industrial District, the rear yard of the lot in the Commercial or Industrial District shall be at least equal in depth to the width requirements of the side yards required in that residential district or Open Land District. In either case, unless it is specifically determined by the Board of Appeals in any particular situation that screening should not be required in view of the existing and potential nonresidential use of such adjoining or abutting lot in a residential district or Open Land District, the lot in the Commercial or Industrial District shall have natural or artificial screening not less than five feet in height, and appropriate reasonably to protect and preserve the residential character of such adjoining or abutting lot, along and/or adjacent to the lines of that adjoining or abutting lot.
§ 160-21 Yard requirements for corner lots.
In the case of a corner lot, each yard abutting a street shall have a minimum depth equal to the front yard depth of the adjacent lot on the same street or the front yard depth required for the district in which such adjacent lot is located, whichever is the lesser, and, if in a residential district, shall be unoccupied, except for fences and/or other decorative or landscaping use. Each other yard of the corner lot shall have a minimum width equal to the width of the side yard which it adjoins or the side yard width of the district in which the adjoining side yard is located, whichever is lesser, and, if the corner lot is in a residential district, shall be unoccupied adjacent to the boundary of the adjoining yard to that minimum width, except for fences and/or other decorative or landscaping use.
§ 160-22 Lots in two districts.
Where a district boundary line divides a lot in single or joint ownership of record, the regulations for the less-restricted portion of such lot shall extend not more than 10 feet into the more-restricted portion, provided that the lot has frontage on a street in the less-restricted district. The regulations for the less-restricted district may be extended further into the more-restricted district upon approval of the Board of Appeals granted in accordance with this chapter.
§ 160-23 Public utilities.
Public utility structures may be erected, altered or used and public service uses may be maintained in any district with approval of the Board of Appeals upon findings by that Board that the structure or use, together with the conditions and safeguards as it may fix, is necessary for the public convenience and welfare and that the proposed location is appropriate.
§ 160-24 Topsoil stripping.
In any residential district and in any other district, except upon approval of the Board of Appeals granted in accordance with this chapter, no person shall strip, excavate or otherwise remove topsoil for sale or for use other than on the premises from which the soil shall be taken, except in connection with the construction or alteration of a structure or use on such premises and excavations or grading incidental thereto.
§ 160-25 Satellite dishes.
A.
The proliferation of the construction and installation within the Village of Minoa of satellite antennas, satellite dishes, parabolic dishes and other similar equipment and devices must be controlled so as to protect the health, safety and welfare of the citizens of the Village of Minoa and, to the maximum degree possible, coordinate and control the same so as to preserve and protect the aesthetic qualities of the Village of Minoa and its environs. Accordingly, this section is enacted to accomplish this stated purpose and intent.
B. SATELLITE DISH
As used in this section, the following terms shall have the meanings indicated:
Any parabolic dish, satellite dish, antenna or other device or equipment of whatever nature or kind, the purpose of which is to receive television, radio, microwave or other electronic signals from space satellites.
C.
No person shall cause, suffer or permit the erection and/or maintenance of any satellite dish upon any lands within the Village of Minoa unless in conformity with the provisions as set forth in this section.
D.
Each satellite dish located anywhere within the Village of Minoa shall be subject to the following regulations:
(1)
Each satellite dish shall be considered as a permissible accessory use, subject to the following:
(a)
The diameter of the satellite dish shall not exceed nine feet.
(b)
When separately supported, the total height of the satellite dish shall not exceed 12 feet, unless approved as a special exception by the Zoning Board of Appeals.
(c)
The satellite dish shall be located only in the rear yard, and no portion of the dish shall be closer than 10 feet to any property line.
(d)
When roof-mounted, the satellite dish shall be located on a portion of the roof sloping away from the front of the lot, unless approved as a special exception by the Zoning Board of Appeals. Notwithstanding the foregoing, if no adequate signal can be received by the satellite antenna in a location permitted by this chapter, the antenna may be sited where otherwise prohibited.[1]
(e)
No more than one satellite dish shall be permitted on any lot.
(f)
When not roof-mounted, the satellite dish shall be completely screened from adjoining lots by the installation and maintenance of a planted visual barrier to consist of evergreen plantings.
(g)
Before erection of any such satellite dish, a permit application shall be made to the Village of Minoa Codes Enforcement Officer, which permit shall be issued in accordance with this section and with the other provisions of the Village of Minoa Municipal Code.
(2)
General regulations. Each satellite dish located within the Village of Minoa shall be subject to the following additional general regulations:
(a)
No satellite dish may be erected in any district or any location within a district which is prohibited by regulation of the Federal Communications Commission or other regulatory agency having jurisdiction.
(b)
Each satellite dish shall be properly anchored and installed to resist a minimum wind load of 30 pounds per square foot of projected horizontal area. Supports, anchors and foundations shall take into account overturning movements and forces created by wind loading. The safety factor against overturning or sliding for wind forces on satellite antennas shall be 2.0.
(c)
In granting a special exception under Subsection D(1)(b) or (d) of this section, the Zoning Board of Appeals:
[1]
Shall not permit the erection of any satellite antenna exceeding 10 feet in diameter or 15 feet in height.
[2]
May require additional screening.
[3]
May require additional setback from the property line to that imposed by these regulations.
[4]
Shall attach such additional reasonable conditions as it shall require, consistent with the intent of these regulations, that the essential character of the neighborhood shall not be disturbed by the installation of any such satellite dish.
(d)
This section is not intended to and shall not be construed to permit, authorize or allow the construction, installation or use of a parabolic dish, satellite dish, antenna or other device or equipment of whatever nature or kind used, intended to be used or capable of being used for the propagation or transmission of radio, microwave or electromagnetic waves.
E.
This section shall not apply to satellite dishes that are 18 inches or less.
[Added 3-20-2000 by L.L. No. 1-2000]
§ 160-25.1 Accessory uses and structures; swimming pools.
A.
Placement. In any residential-zoned districts, accessory structures and uses otherwise permitted in and subject to such other provisions of this code governing such districts shall be permitted; however, excepting storage sheds, the same shall be located no closer to the rear lot line than a distance of not less than 10% of the lot width, nor any closer to the side lot line than the nearest point of the principal building or use. No such structure or use shall be located within a front yard in any residential-zoned district. For purposes hereof, a swimming pool is deemed an accessory structure or use. A structure customarily attached to the principal building, such as an addition, garage, deck or porch, shall not be deemed an accessory structure or use that is permitted such placement allowance hereunder.
[Amended 11-21-2011 by L.L. No. 5-2011]
(1)
Relative to the placement of a storage shed, one such storage shed per lot may be located within any zoning districts within the areas illustrated at Appendix 160-25.1 attached hereto as described and subject to the following:[1]
(a)
Section 1 of Appendix 160-25.1 illustrates the permissible locations within a conventional (square or rectangular) lot which is not a corner, nor other irregularly shaped lot; Section 2 of Appendix 160-25.1 illustrates those permissible locations within (a) corner lot(s); the permissible locations upon other (irregular) shaped lots are illustrated at Section 3 of Appendix 160-25.1 hereof. Where a proposed storage shed location is not clearly permitted due to a lot shape or configuration or orientation of the improvements thereon, the Zoning Board of Appeals shall determine the permitted locations by review of a variance or interpretation application.
(b)
All storage shed locations shall be subject, as shown on Appendix 160-25.1, to minimum side and/or rear yard setbacks of the lesser of the required setback applicable to the district or five feet and shall be further subject to any applicable covenants, agreements and restrictions of record restricting locations and shall not encroach into any easement or right-of-way areas.
(c)
In the event such storage shed construction, installation or placement is not subject to New York State Uniform Code requirements, and as a further zoning and public safety requirement, the location shall nevertheless meet the following requirements:
[1]
The separation distance between the exterior walls of the permanent structure (dwelling/attached garage) and such storage shed shall be 10 feet unless:
[a]
The exterior of the walls of the permanent structure and storage shed each have a one-hour fire resistant rating, in which case no minimum separation distance is required; or
[b]
The exterior wall of the permanent structure or the storage shed has a one-hour fire resistance rating, in which case the minimum separation distance shall be five feet.
[2]
Projections beyond the exterior wall shall not extend more than 12 inches into areas where openings are prohibited unless:
[a]
The projections of the permanent structure and the storage shed shall each have a one-hour fire resistant rating, in which case the minimum separation distance shall be two feet; or
[b]
The projection of the permanent structure or the storage shed has a one-hour fire resistant rating, in which case the minimum separation distance shall be five feet.
[3]
The minimum distance of the opening between the permanent structure and storage shed shall be three feet with a maximum opening of 25% of the wall area as such term is defined in the Uniform Code.
[1]
Editor's Note: Said appendix is included as an attachment to this chapter.
(2)
A "storage shed" is defined as any structure used for storage, hobbies or a workshop. Storage sheds located as permitted hereunder shall not be served by a paved, graveled or stone driveway and shall not be used for the storage of a motor vehicle that is registered and operable.
(3)
In the discretion of the Codes Enforcement Officer, no building permit may be required for construction or installation of one-story detached structures associated with one- or two-family dwellings or multiple attached or clustered single-family dwellings (patio homes, townhouses) which are used for tool and storage sheds, playhouses or similar uses and have a gross floor area of 144 square feet or less.
[Added 12-19-2016 by L.L. No. 8-2016]
(4)
A storage shed shall not:
[Added 1-8-2018 by L.L. No. 1-2018[2]]
(a)
Exceed 10 feet in height;
(b)
Have a footprint of more than 144 square feet;
(c)
Be insulated;
(d)
Have any plumbing fixtures, except for necessary pool and sauna plumbing and one hose spigot; and
(e)
Be used for the storage of motor vehicles. Recreational (sport) vehicles shall not be considered motor vehicles for purposes of this § 160-25.1A(4).
[2]
Editor's Note: It was the Village's intent to adopt these provisions 12-19-2016 by L.L. No. 8-2016, but said local law added them to a chapter that did not exist in the Code; this local law corrects that error.
(5)
Only two such storage sheds per property shall be located on any property within any zoning district.
[Added 1-8-2018 by L.L. No. 1-2018[3]]
[3]
Editor's Note: It was the Village's intent to adopt these provisions 12-19-2016 by L.L. No. 8-2016, but said local law added them to a chapter that did not exist in the Code; this local law corrects that error.
B.
Disposal of swimming pool wastewater. Wastewater shall be prevented from flowing over or onto the land of any adjoining property owner.
C.
Filling. A swimming pool shall not be filled or added to from a public water supply at any time during the effectiveness of emergency water orders of the Village, town, county or state.
D.
Lighting. Lighting shall be permitted in, on, or about a swimming pool so that such lighting shall shine into or upon the pool and so that no light or reflections shine onto abutting properties which adversely affect the character of any residential neighboring properties by reason of noise or glare or safety. This provision shall not preclude low-voltage underwater lighting.
E.
Overhead wires. No overhead electric wires shall be maintained within 20 feet of the nearest portion of a swimming pool or appurtenances.
F.
Perimeter. A perimeter of at least two feet around all portions of a swimming pool required to be fenced by this Code, or otherwise by applicable law, shall be maintained between the edges of the pool and the fence erected around the pool except at the points where such fence is required to adjoin the walls of an aboveground pool.
G.
Nonexclusivity. The foregoing provisions shall be required in addition to, and not in lieu of, any other requirements pursuant to New York State or Onondaga County law or regulations promulgated thereunder.