Nichols Town City Zoning Code
ARTICLE III
Supplementary Regulations
§ 194-8 Special permit uses. [1]
Churches, cemeteries, museums, libraries, schools, botanical gardens, municipal buildings, and other similar religious, cultural, education, and civic buildings; recreation areas, activities, and establishments such as bowling alleys, race tracks, skating rinks, rock concerts, theaters and movie houses, adult bookshops, bars, dance halls, parks, picnic grounds, campgrounds, marinas, golf courses, ski areas, public swimming pools, shooting ranges, riding stables, and other outdoor recreational areas; and fire stations, airports, landfills, animal hospitals, kennels or places for the boarding of animals, hospitals and sanitariums may be allowed in one or more zoning districts by special permit of the Zoning Board of Appeals. Permit procedures shall be those specified in § 194-45 of this chapter.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
§ 194-8.1 Site plan review.
[Added 7-10-2018 by L.L. No. 6-2018]
A.
Applicability. All proposed commercial and industrial uses in zones B-A-R, I-A-R, I-B-A-R and I-2-B-A-R shall require site plan review in accordance with this section.
B.
Purpose. The purpose of this section is to authorize the Town Planning Board to review site plans prepared to specifications set forth herein, by examining such design elements which relate to parking, means of access, screening, signs, landscaping, architectural features, location and dimensions of buildings, impact of the proposed use on adjacent land uses and such other elements as may be related to health, safety and general welfare of the community.
C.
Procedures.
(1)
Sketch plan. A sketch plan conference between the Planning Board and applicant shall be held to review the basic site design concept and generally determine the information to be required on the site plan. At the sketch plan conference the applicant shall provide, at a minimum, the following:
(a)
Name and address of applicant and authorization from the owner, if different from applicant.
(b)
Name and address of owner(s) of record, if different from applicant.
(c)
Name and address of person or firm preparing the plan and map.
(d)
Current zoning classification of property, including exact zoning boundary if in more than one district.
(e)
Property boundary line plotted to scale. Distances, angles and area should be shown.
(f)
North arrow, scale and date.
(g)
Locations and names of existing streets.
(h)
A brief project narrative and preliminary concept to scale showing the locations of principal and accessory structures, parking areas, and other planned features and any significant anticipated changes to the existing topography and natural features.
(2)
If the Planning Board determines that the information submitted for the sketch plan is sufficient, it may, at its discretion, accept a site plan review application at the sketch plan meeting without requiring additional information or scheduling a separate site plan review.
D.
Formal application content.
(1)
If additional information is requested by the Planning Board after the sketch plan conference, a complete application for formal site plan review shall be submitted to the Planning Board at least 10 business days in advance of the scheduled meeting date. Six copies of the complete application for site plan approval shall be submitted to the Planning Board.
(a)
The Code Enforcement Officer or the Planning Board may request any of the items listed below. The Code Enforcement Officer and the Planning Board are not limited to this list and may request any additional information they deem necessary or appropriate.
(b)
In determining the amount of information they will require, the Code Enforcement Officer or the Planning Board shall consider the type of use, its location, and the size and potential impact of the structures of the project.
(c)
The proposed site plan shall show the information requested by the Code Enforcement Officer and the Planning Board on maps that are scaled appropriately to illustrate the information requested.
(d)
Site plan checklist.
[1]
Existing conditions.
[a]
Legal data.
[i]
Name and address of applicant and authorization of owner, if different from applicant.
[ii]
Name and address of owner(s) of record, if different from applicant.
[iii]
Name and address of person or firm preparing the plan and map.
[iv]
Current zoning classification of property, including exact zoning boundary if in more than one district.
[v]
Property boundary line plotted to scale. Distances, angles and area shall be shown.
[vi]
North arrow, scale and date.
[vii]
Locations, widths, elevations and names of existing and proposed adjacent streets.
[viii]
Property lines and names of owners of adjoining parcels.
[ix]
Location, width and purpose of all existing and proposed easements, setbacks, reservations and areas dedicated to public use within and adjoining the property.
[x]
Proof of ownership or lease arrangement.
[xi]
The identification of any state or county permits required for execution of the project.
[xii]
Other requirements which the Planning Board might deem necessary, including, but not limited to, a licensed survey.
[b]
Natural features.
[i]
Topographic features, including a map showing existing contours.
[ii]
Soil characteristics, such as load-bearing capacity and drainage capacity.
[iii]
Hydrologic features should include drainage and runoff patterns, flood hazard areas, wetlands and depth to groundwater.
[c]
Existing development and infrastructure.
[i]
Location and dimensions of existing buildings and structures and their use.
[ii]
Location and width of roads and paths, including site access.
[iii]
Location, size and flow direction of sewers, water supply lines and culverts.
[iv]
Location of other existing development and uses, including parking and loading areas, fences, trees and landscaping.
(2)
Proposed development new conditions.
(a)
Grading and drainage plan showing proposed topography at appropriate contour intervals. This information shall be combined as an overlay with the map of existing topography.
(b)
Location, proposed height and use of buildings and other structures, such as retaining walls, fences, outdoor storage tanks, air-conditioning units and waste-disposal units.
(c)
Location, proposed use and design of nonstructural improvements, such as parking, loading and outdoor storage areas.
(d)
Location and arrangement of site access and egress, including all paths for pedestrian and vehicular travel within the site. Information should include profiles and cross sections of roadways and sidewalks showing grades, widths and location and size of utility lines.
(e)
Location and size of water and sewer lines and appurtenances. Any means of water supply or sewage disposal other than extensions of existing systems should be described, including location, design and construction materials.
(f)
Location and size of stormwater infrastructure and protection measures.
(g)
Location and design of outdoor lighting fixtures and a lighting plan.
(h)
Location, size and design and construction materials of all signage.
(i)
General landscaping plan and planting schedule, including areas of natural vegetation to remain, the treatment of buffer areas and the location and type of trees to be planted.
(j)
Estimated project construction schedule with possible phasing plan for large projects.
(k)
Any other requirements which the Planning Board might deem necessary, including but not limited to a licensed survey and as-built drawings.
(l)
Environmental review. Applications for site plan review and approval shall be accompanied by a short-form or a long-form EAF or a draft EIS, as required by SEQRA.
(m)
Project narrative, including intended use, number of employees, estimated traffic generation and hours of operation.
E.
Professional assistance. If the Town determines that review of the application requires professional assistance to make informed decisions, the Planning Board or the Code Enforcement Officer may engage the services of professional consultants during site plan review, at the expense of the applicant. The cost of assistance is separate and apart from any other fees or costs associated with SEQRA review.
F.
Criteria for site plan review.
(1)
In considering the approval of the site plan, the Planning Board shall consider if the project complies with the following:
(a)
Consistency with the Town Comprehensive Plan and the Town Agricultural and Farmland Protection Plan.
(b)
A positive relationship to adjacent and nearby land uses, both public and private, including visual compatibility with surroundings.
(c)
A suitable location, arrangement, size, design and general site compatibility of buildings, lighting and signs.
(d)
The adequacy and arrangement of vehicular traffic access and circulation, including intersections, road widths, pavement surfaces, dividers and traffic controls.
(e)
An acceptable location, arrangement, appearance and sufficiency of parking and off-street loading.
(f)
The adequacy and arrangement of pedestrian traffic access and circulation, walkway structures, control of intersections with vehicular traffic, and overall pedestrian convenience.
(g)
The adequacy of stormwater and drainage facilities.
(h)
The adequacy of water supply and sewage disposal facilities, including the relationship to existing and proposed water supply, sewage disposal.
(i)
The adequacy, type and arrangement of trees, shrubs and other landscaping constituting a visual and/or noise buffer between the applicant's and adjoining residential properties, including the maximum retention of existing vegetation.
(j)
The adequacy of fire lanes and other emergency zones and the provision of fire hydrants.
(k)
The project's impact on the community's ability to provide adequate recreation, education, fire protection and similar facilities and services to its residents and visitors.
(l)
The adequacy and impact of structures, roadways and landscaping in areas with susceptibility to ponding, flooding and/or erosion.
G.
Planning Board action.
(1)
Following review of submitted formal application items, the Planning Board shall determine the application's completeness. Once the application is determined to be complete by the Planning Board, it shall be deemed received, and the Planning Board shall render its decision after meeting the situational actions below.
(2)
If the Planning Board is conducting a special permit review as part of a site plan review, the Planning Board shall refer to additional criteria in the special permit review section.
(3)
Notices. Applications which meet the criteria of §§ 239-l and 239-m of the General Municipal Law shall be sent to the Tioga County Planning Board prior to the Planning Board decision. Applications that meet the criteria of § 239-nn shall notify neighboring municipalities.
(4)
The Planning Board shall comply with the State Environmental Quality Review Act (SEQRA).
§ 194-9 Planned developments.
Planned development areas may be allowed in residential districts only by special permit of the Town Board. Those are areas within whose boundaries there shall be permitted the construction of large-scale planned residential neighborhoods that may contain cluster housing, townhouse complexes, apartment buildings, and similar residential units, contracted by a single source. Planned development areas must include a minimum of 10 acres. The type and number of residential units to be included in a proposed planned development area must be specified in the permit request. Permit procedures shall be those specified in § 194-45 of this chapter.
§ 194-10 Public utilities.
Major installations of public utilities may be allowed in nonbusiness, nonindustrial residential districts by special permit of the Town Board. The Zoning Board of Appeals and the Town Board shall have the authority to require any reasonable change in the site plan in order to protect the residential nature of adjoining properties. Major installations do not include the installations of standard telephone poles, telephone lines and electrical transmission lines. Permit procedures shall be those specified in § 194-45 of this chapter.
§ 194-11 Floodplain areas.
Floodplain regulations, as set by the Federal Emergency Management Agency (FEMA), shall be adhered to.[1]
[1]
Editor's Note: See Ch. 114, Flood Damage Prevention.
§ 194-12 Minimum lot sizes and setbacks.
The minimum lot size for all buildings shall be two acres to five acres depending on percolator test results. Where the results of percolator tests so indicate and/or a special waste disposal system is designed and approved by the Code Enforcement Officer, lot sizes of less than two acres may be permitted when approved by the Town Board. Permit procedures shall be those specified in § 194-46 of this chapter.
A.
In nonindustrial, nonbusiness residential districts, each building shall be set back at least 75 feet from the center line of any public street or road, except for corner lots where the seventy-five-foot setback will apply to the front of the building only. All structures must be a minimum of 40 feet from side and rear lot lines. However, nonhabitable (animal or human) accessory buildings such as detached garages and tool sheds may be located 20 feet or more from the side and rear lot lines.
B.
In industrial districts, each building shall be set back at least 150 feet from the center line of any public street or road and from all remaining lot boundaries.
C.
In business districts, each business building shall be set back at least 75 feet from the center line of any public street or road, 40 feet from adjoining nonindustrial, nonbusiness residential districts, and 40 feet from other lot boundaries.
D.
Residential units in residential districts that are also zoned industrial must meet the same setback requirements as those for industrial establishments.
§ 194-13 Height regulations.
[Amended 5-22-2002 by L.L. No. 2-2002]
No building or structure of any type, in any district or zone, shall exceed 35 feet in height, except by special permit granted by the Town of Nichols Zoning Board of Appeals. Permit procedures shall be those specified in § 194-45 of this chapter.
§ 194-14 Building code.
All new construction, additions, structural refurbishing, and the like require a building permit and are subject to the rules and regulations of the New York State Uniform Fire Prevention and Building Code.[1]
[1]
Editor's Note: See Ch. 92, Construction Codes, Uniform.
§ 194-15 Mobile home parks.
The layout and other aspects of mobile home parks shall comply with Chapter 132, Mobile Homes and Mobile Home Parks. The area between the home park's boundary (as described in the required site plan) and adjacent roads, should it be less than 200 feet, shall be planted with evergreen trees at least three feet high and no further apart than 10 feet.
§ 194-16 Junkyards. [1]
Any area used for the storage or sale of wastepaper, rags, scrap metal, or discarded or salvaged material, or for the collecting, wrecking, dismantling, storage, salvaging or sale of vehicle or machinery parts, shall be completely enclosed by a substantial and solid fence that will block the view from adjacent roads. Such fences shall be at least eight feet high, with openings only for ingress and egress, and shall be no closer than 75 feet to the center line of adjacent roads. The area between the fence and the road, should it be less than 200 feet, shall be planted with evergreen trees at least three feet high and no further apart than 10 feet. Junkyards shall observe all federal, state and local laws, ordinances, and regulations governing such activities. Owners of such establishments must have a state-issued dismantler's license.
[1]
Editor's Note: See also Ch. 180, Vehicles, Junked or Abandoned.
§ 194-17 Off-street parking.
Each residential unit and each agricultural, business, and industrial establishment shall provide in connection with it adequate off-street parking space for automobiles as established by the Code Enforcement Officer with the endorsement of the Zoning Board of Appeals.
§ 194-18 Off-street loading.
At least one loading space shall be provided for each business or industrial establishment hereafter erected or substantially altered to have a gross floor area in excess of 5,000 square feet. Space for off-street loading shall be in addition to space for off-street parking. Each off-street loading space shall be subject to the following minimum requirements:
A.
Each berth shall be not less than 12 feet wide, 40 feet long, and 14 feet in height when covered.
B.
Space for such a berth may occupy any part of any required side or rear yard, except that no berth shall be located closer than 150 feet to a nonbusiness and nonindustrial residential district.
§ 194-19 Driveways.
All driveways shall be laid out and built in accordance with existing Town, county, and state regulations governing driveways.[1]
[1]
Editor's Note: See Ch. 99, Driveway Standards.
§ 194-20 Outdoor storage.
There shall be no outdoor storage of rubbish or refuse in connection with any of the uses permitted by §§ 194-4 and 194-5 of this chapter.
§ 194-21 Fences and walls.
Fences and walls shall not block the vision of auto drivers entering or exiting from driveways and/or intersecting streets.
§ 194-22 Signs.
[Amended 4-25-2007 by L.L. No. 1-2007]
A.
Purpose.
(1)
The purpose of this section is to promote and protect the public health, welfare and safety by regulating existing and proposed outdoor advertising signs and outdoor signs of all types. It is intended to protect property values, create a more attractive economic and business climate, enhance and protect the physical appearance of the community, preserve the scenic and natural beauty and provide a more enjoyable and pleasing community. It is further intended hereby to reduce sign or advertising distractions and obstructions that may contribute to traffic accidents, reduce hazards that may be caused by signs overhanging or projecting over public rights-of-way, provide more visual open space and curb the deterioration of the community's appearance and attractiveness.
(2)
This section is intended to promote attractive signs which clearly present the visual message in a manner that is compatible with their surroundings. The appearance, character and quality of a community are affected by the location, size, construction and graphic design of its signs. Therefore, such signs should convey their messages clearly and simply to enhance their surroundings.
B.
Definitions. As used in this section, the following terms shall have the meanings indicated:
AWNING SIGN
Any visual message incorporated into an awning attached to a building.
COPY-CHANGE SIGN
A sign on which the visual message may be periodically changed.
DIRECTIONAL SIGN
A sign limited to providing information as to the location of a business, activity or event.
FREESTANDING SIGN
Any sign not attached to or part of any building but separate and permanently affixed by any other means, in or upon the ground. Included are pole signs and pylon signs constructed of wood, masonry materials or any other material.
ILLUMINATED SIGN
Any sign illuminated by electricity, gas or other artificial light, either from the interior or exterior of the sign, and which includes reflective and phosphorescent light.
OFF-PREMISES SIGN
A sign unrelated to a business or a profession conducted, or a commodity or service sold or offered, upon the premises where such sign is located.
PROJECTING SIGN
A sign which is attached to a building, wall or structure and which extends horizontally more than 15 inches from the plane of such wall or structure or a sign which is perpendicular to the face of such wall or structure.
RIGHT-OF-WAY
The area, as designated by the agency responsible for a specific highway or roadway, that is to remain free from any structures or encroachments.
SIGN
Any material, structure or device, or part thereof, composed of lettered or pictorial matter which is located out-of-doors or on the exterior of any building or structure or indoors, as a window sign, displaying an advertisement, announcement, notice or name, and shall include but not be limited to any declaration, demonstration, display, representation, illustration or insignia used to advertise or promote the interest of any person, business, organization or cause when such is placed in view of the general public.
SIGN STRUCTURE
The supports, uprights, bracing, framing, mountings and framework for a sign. In the case of a sign structure consisting of two or more sides in which the angle formed between any two sides or the projections thereof exceeds 30°, each side will be considered a separate sign structure.
SIGN SURFACE AREA
The entire area within a single, continuous perimeter enclosing all elements which form an integral part of the sign. The structure supporting the sign shall be excluded unless the structure is designed in such a manner as to form an integral background for the display. One side of a double-faced sign shall be used to calculate the total surface or area of such a sign.
TEMPORARY SIGN
A nonpermanent sign related to a single activity or event.
WALL SIGN
A sign which is painted on or attached to the outside wall of a building with the face of the sign parallel to such wall and not extending more than nine inches from the face of such wall.
C.
Permit required. Except as otherwise provided, no person shall erect, alter or relocate any sign without first obtaining a permit from the Code Enforcement Officer (CEO). Within six months following the effective date of this section, a permit shall also be obtained for any sign in existence as of the effective date of this section unless excluded under Subsection F. Subsequent to this initial application, no permit shall be required for the general repair or maintenance of any permitted sign.
D.
Application procedure. Applications shall be made in writing to the CEO on forms obtained from the CEO, and shall contain the following information:
(1)
The name, address and telephone number of the applicant.
(2)
The name, address and telephone number of the property owner.
(3)
The location of the building, structure and/or land upon which the sign now exists or is to be erected.
(4)
Two copies of a plan, drawn to scale, as well as a description of the sign, sign structure and placement and should include the following:
(a)
Its location on the premises, specifically its position in relation to existing buildings, structures, property lines, roadways, driveways, parking lots and any other existing or proposed signage, and indicating such distances.
(b)
For signs 150 square feet or more:
[1]
Stress sheet and calculations showing that the structure is designed for dead load and wind pressure in any direction.
[2]
The name of the person, firm or corporation erecting the structure.
[3]
The method of illumination, if any, and the position of lighting or other extraneous devices.
[4]
Any electrical permit required and issued for said sign.
[5]
Graphic design, including lettering materials and colors sufficient to detail conformity with the provisions of this section.
(c)
Such other information as the CEO shall reasonably request.
E.
Issuance of permit; permit conditions.
(1)
All signs governed by this section, other than those mentioned in Subsection F, shall require a sign permit.
(2)
Upon the filing of a completed application for a sign permit, and the payment of the required fee which has been determined by a schedule of fees as established by the Town Board, the CEO shall examine the plans, specifications and other data submitted and the premises on which the sign is to be erected or now exists. If the sign is in compliance with the requirements of this chapter, the CEO shall, within 30 days, issue a permit for the erection of the proposed sign or for an existing sign. The issuance of this permit shall not excuse the applicant from conforming to any other laws or any local laws or ordinances.
(3)
If an authorized sign has not been completed within six months from the date of issuance, the permit shall become null and void, but may be renewed within 30 days prior to its expiration, with good cause shown, for an additional six months, upon payment of 1/2 of the original fee.
(4)
The term of such permit shall extend through the useful life of the sign unless otherwise indicated in this section. A new permit shall be required if:
(a)
Changes to the design, copy, structure, size or supporting structure are no longer consistent with the original application.
(b)
The name of the business or type of business is no longer consistent with the original application.
(c)
The business is sold or property leased or in some manner comes under the management or is represented by a party or parties not consistent with the original application.
(d)
The original permit is found to be in violation under the provisions of this section or any other ordinance.
(5)
Any applicant affected by any decision of the CEO under the provisions of this section may appeal such decision to the Zoning Board of Appeals within 30 days from the date of such decision. Such appeal shall:
(a)
Be made in writing;
(b)
Set forth the grounds therefor;
(c)
Be filed with the Town Clerk; and
(d)
Otherwise conform with the Article VI, Appeals, Special Use Permits and Variances, of this chapter.
F.
Exempt signs. The following types of signs may be erected and maintained without a permit or fee, provided that such signs comply with the requirements of this section and any other law or ordinance imposed by the Town of Nichols or other governing body:
(1)
Historical markers, tablets and statues, memorial signs and plaques; names and dates of buildings.
(2)
Signs, notices or emblems installed by governmental bodies and noncommercial flags or insignia of any government.
(3)
On-premises nonadvertising and nonilluminated directional signs for the convenience of the general public, identifying public parking areas, fire zones, entrances and exits, and similar signs not exceeding four square feet per face. Freestanding directional signs shall not exceed six feet in height.
(4)
Nonilluminated warning, "private drive," "posted" or "no-trespassing" signs, not to exceed three square feet per face.
(5)
Number and name plates identifying residents, mounted on a house, apartment or mailbox, not exceeding one square foot in area.
(6)
Holiday decorations, including lighting, may be displayed in any district.
(7)
Temporary signs.
G.
Prohibitions.
(1)
No sign in any district shall be placed or located within or extend into the right-of-way of any public property, highway or roadway.
(2)
No sign shall be illuminated by or contain flashing, intermittent, rotating or revolving lights.
(3)
No sign shall impair or cause confusion of vehicular or pedestrian traffic in its design, color, illumination or placement. No sign shall impair visibility for the motorist at a street corner or intersection by placement and location within the right-of-way of the intersection of the street or highway lines.
(4)
No sign shall contain or consist of any disassembled, inoperable, junked or wrecked vehicle body, tractor or trailer in such state of physical or mechanical ruin as to be incapable of propulsion or being legally operated upon the public streets or highways.
(5)
No advertising message shall be extended over more than one sign placed along a street or highway.
(6)
No off-premises signs will be permitted, except off-premises directional signs for the convenience of the general public and for the purpose of directing people to a business, activity, service or community facility may be erected, provided that such signs do not exceed six square feet per establishment or location nor total more than two such signs per establishment or location. The message shall be limited to name or identification, arrow or direction and distance.
H.
Regulations by sign type.
(1)
Wall signs.
(a)
The maximum area of wall sign graphics can be one square foot for each linear foot of building frontage occupied by the enterprise on which the sign is placed. In no event shall such sign exceed 400 square feet.
(b)
Wall signs shall:
[1]
Not extend beyond the ends or over the top of the wall to which they are attached.
[2]
Not extend more than nine inches from the face of the building to which they are attached.
[3]
Have a minimum clearance of seven feet six inches for any part of a sign extending over pedestrian traffic areas.
(2)
Projecting signs:
(a)
Cannot have more than two faces, and the maximum area of the panel or symbol shall be 15 square feet.
(b)
Can only extend a maximum of three feet from the building face, or 1/3 the width of the sidewalk, whichever is less.
(c)
Cannot extend into vehicular traffic areas, and any part over pedestrian traffic areas shall have a minimum clearance of seven feet six inches.
(d)
Cannot be higher than 14 feet from the ground.
(e)
Cannot be copy-change type.
(3)
Freestanding signs:
(a)
Cannot have more than two faces, and the maximum area of the panel or symbol shall be 50 square feet.
(b)
Can have a maximum total height of 20 feet, including support.
(c)
Cannot extend into vehicular traffic areas, and any part extending over pedestrian traffic areas shall have a minimum clearance of seven feet six inches.
(4)
Marquee, canopy and awning signs:
(a)
Cannot have any other object, projectile or sign either hanging or suspended from them.
(b)
Will include type that is completely within the outer edges of such marquee, canopy or awning.
(c)
Will have a maximum area of graphics of one square foot for each linear foot of marquee perimeter.
(d)
May only have graphics which are painted or affixed flat to the surface of the front or sides.
I.
Nonconforming signs.
(1)
Any sign erected prior to the effective date of this section which does not conform to the provisions and standards of this chapter may continue in use until a change of use or replaced.
(2)
A nonconforming sign shall not be enlarged or replaced by another nonconforming sign.
J.
Removal of signs. If the CEO finds that any sign regulated in this section is not used, is not in compliance with this section or any other ordinance, is abandoned, unsafe, or insecure, or is a menace to the public, the CEO shall give written notice to the named owner of the property upon which it is located, who shall remove or repair the sign within 30 days from the date of the notice. If the sign is not repaired or removed within said time period, the CEO shall revoke the permit issued for such sign, and can issue a noncompliance ticket to the property owner.
K.
Construction standards.
(1)
General.
(a)
All internally illuminated signs shall be constructed in conformance with the Standards for Electric Signs (UL 48) of Underwriters' Laboratories, Inc., and bear the seal of Underwriters' Laboratories, Inc.
(b)
If such sign does not bear the Underwriters' Laboratories label, the sign shall be inspected and certified by the New York Board of Fire Underwriters. All transformers, wires and similar items shall be concealed. All wiring to freestanding signs shall be underground.
(c)
All freestanding signs shall be designed and constructed to withstand a wind pressure of not less than 30 pounds per square foot of surface area.
(d)
All signs, including wall-mounted and projecting signs, shall be securely anchored.
(e)
All signs, sign finishes, supports and electrical work shall be kept clean, neatly painted and free from all hazards, such as, but not limited to, faulty wiring and loose supports, braces, guys and anchors.
(f)
All projecting, freestanding or wall signs shall employ acceptable safety material.
(g)
All signs shall be painted and/or fabricated in accordance with generally accepted standards.[1]
[1]
Editor's Note: Former Subsection L, Penalties for offenses, which immediately followed this subsection, was deleted at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
§ 194-23 Operating days and hours.
The Town Board shall have the authority to regulate business days and hours for industries and businesses. Those regulations, however, shall be uniform for each business or industry of the same type throughout a particular zoning district.
§ 194-24 Fire and safety hazards.
All buildings, operations, storage, waste disposal, etc., shall be in accordance with applicable provisions of the latest published edition of the New York State Uniform Fire Prevention and Building Code.
§ 194-25 Noise.
See Appendix 1 of this chapter.[1]
[1]
Editor's Note: Appendix 1 is included at the end of this chapter.
§ 194-26 Odors.
It shall be unlawful for any person to permit the emission of any odor that is unreasonably offensive as determined at the individual property lines. Exceptions to this provision are the storage and spreading of manure for agricultural purposes.
§ 194-27 Dust and dirt.
It shall be unlawful for any person to permit or cause the escape of such quantities of soot, cinders, or fly ash as to exceed 0.3 grain per cubic foot of flue gases at a stack temperature of 500° F., when measured at the top of the stack. Other kinds of dust, dirt, and other particulate matter shall not be in excess of 0.3 grain per cubic foot of air as measured at the top of the stack and corrected to standard conditions, provided that if the top of the stack is 100 feet or more above finished grade, the amount of particles of not more than 10 microns in size, if any, may be increased to an amount not in excess of 0.03 (h/100) grain per cubic foot, corrected to standard conditions, which is the height of the top of the stack above the finished grade.
§ 194-28 Noxious gases.
It shall be unlawful for any person to permit the escape of such quantities of noxious acids, fumes, or gases in such a manner and concentration as to endanger the health, comfort, or safety of any person, or to cause or have a tendency to cause injury or damage to property, business, or vegetation.
§ 194-29 Smoke.
It shall be unlawful for any person to permit the emission of any smoke from any source whatever, as measured at the individual property line, of a density described as No. 2 on the Ringlemann Chart, as published by the United States Bureau of Mines; provided, however, that the emission of smoke shall be unlawful if it is unreasonably offensive in terms of odor or noxious gases despite its apparent lack of density when measured by the Ringlemann Chart.
§ 194-30 Glare.
It shall be unlawful for any person to carry on a process such that a continuous direct or sky-reflected glare, whether from floodlights or from a high-temperature process such as combustion or welding, or other such low-intensity brilliance at such location causes glare or impairs the vision of the driver of any motor vehicle, or at the property boundary creates a problem for neighboring residents.
§ 194-31 Radioactive materials.
It shall be unlawful for any person to permit the emission of such quantities of radioactive materials, in any nature whatsoever, so as to be unsafe under standards established by the United States Bureau of Standards.
§ 194-32 Pollution of water.
It shall be unlawful for any person to permit the pollution of surface water drainage, groundwater, or natural aquifers in any manner that renders them less usable in quality and quantity for irrigation, swimming, drinking, visual attractiveness, or whatever lawful uses of water resources, to persons downstream than such water's usefulness as it enters said person's property or area of operation.