Town Of Dewitt City Zoning Code
ARTICLE XVII
Standards and Requirements Applying to All Districts
§ 192-90 Purpose.
The standards and requirements applying to all districts regulate activities, uses, structures and conditions that may be present on a property whether or not a principal building or use is present. These requirements contribute to and promote the health, safety, comfort, beauty, conveniences and/or necessities of the property's occupants, the immediate neighborhood and the DeWitt community.
A.
Minimum requirements. In addition to other requirements outlined in this chapter, all permitted uses, activities, conditions and/or structures shall comply with the following minimum requirements. All permitted uses, activities and structures shall:
(1)
Be carried on only in buildings and structures in such a manner to maintain the property free of fire hazards, flooding and other dangers.
(2)
Be conducted wholly within an enclosed building, except where specifically exempt in this chapter or as expressly permitted by action from the Town body having jurisdiction.
(3)
Adhere to the standards and requirements specified in this chapter as they relate to, but not limited to, architecture and site design, parking, drainage, sanitary provisions and safe access.
(4)
Be accessible to disabled persons in accordance with the Americans with Disabilities Act and maintain adequate parking and provide for disabled persons in accordance with the Americans with Disabilities Act.
(5)
Maintain landscaping as required in this chapter.
(6)
Maintain and limit signs as required in this chapter.
(7)
Maintain the entire property and improvements thereon in a clean, sanitary and safe manner as required in this chapter and any other Town, county, state or federal requirements.
B.
Determination of compliance with requirements.
(1)
During the review of an application for any zoning approval, the applicant shall be required to submit data and evidence documenting that the proposed activity, facility or use will comply with the provisions of this chapter.
(2)
In reviewing such documentation, the Town may seek the assistance of any board or agency of the Town and any public agency having jurisdiction or interest in the particular issues, and the Town may seek advice from a qualified technical expert.
(3)
All reasonable costs of the expert's review and report shall be paid by the applicant.
(4)
A negative report by the technical expert and the applicant's refusal or inability to make alterations to ensure compliance with this section shall be a basis for denying approval of the application.
C.
Review and approval. The Planning Board may modify any requirement imposed by this article when it finds such action is warranted by reason of the unique physical conditions of the particular property or by reason of the particular character of surrounding properties, provided the modification will not materially alter the intent of the requirement.
§ 192-91 Mechanical and building equipment.
All building mechanical systems, including but not limited to air-conditioning units, exhaust systems, communications equipment, satellite dishes, fire escapes, elevator housings, and other similar elements, shall be integrated into the overall design and character of the building and site, with care to remotely locate or screen the same from adjoining uses.
§ 192-92 Building design.
The Town encourages quality design and creative treatment of modern design subjects. In so doing, care shall be taken in the design of a building and site to incorporate site features and neighboring relevant architectural elements into architecture and site planning.
A.
Additions, modifications, repairs or expansions to single-family dwellings shall be of a design consistent with the present architecture and shall be constructed of the same materials.
B.
For projects other than single-family dwellings, the Design Guidelines shall be used, along with this chapter, in all phases of design and development.
C.
All buildings constructed in the Town, including single-family dwellings, shall be constructed utilizing a structural foundation wall that extends below the frost level and includes vertical and horizontal insulation. The Planning Board may waive this requirement for accessory buildings for nonresidential use upon the specific findings that:
§ 192-93 Dumpsters and refuse collection areas.
A.
Dumpsters. Dumpsters must be completely screened from view from any abutting residence, residential district, public street or walkway with screening that is at least as tall as the dumpster. This provision shall apply to all dumpsters, including those used for the collection and storage of recyclable materials, whether public or private.
B.
Refuse collection areas.
(1)
Refuse areas and similar facilities shall be completely enclosed within a masonry wall or fence that is compatible with the building materials and shall be at least six feet high on three sides while maintaining a 100% visual blockage on all three sides and a self-closing gate on the fourth side of the same or compatible material with the other sides. All screening shall be maintained in such manner as to present a neat and orderly appearance at all times.
(2)
Refuse areas shall have hardened, stabilized surfaces constructed to prevent accumulation of stormwater runoff.
(3)
All refuse collection areas shall be at the side or rear of the buildings. All refuse collection areas shall be effectively designed to contain all refuse generated on site and deposited between collections.
(4)
Refuse shall not be visible from outside the refuse enclosure.
(5)
Refuse collection areas shall be so located upon the lot as to provide clear and convenient access by refuse collection vehicles.
C.
Exterior donation containers.
[Added 1-21-2015 by 1-2015]
(1)
Site plan review by the Planning Board is required for proposed donation containers.
(2)
All containers shall be new or refurbished and maintained in a like-new condition.
(3)
Containers shall be managed such that no donated materials are left outside of the container.
(4)
Container signage shall be the minimum necessary to identify the use. Instructions and contact information shall be a small sign visible while standing adjacent to the container.
(5)
In general, containers shall be located so they are not visible from adjacent roads and property lines.
§ 192-94 Corner lots.
A.
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 greater and, if in a residential district, shall be unoccupied except for fences and/or other decorative or landscaping use.
B.
Except as provided below, each other yard of such 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 such adjoining side yard is located, whichever is the greater and, if such corner lot is in a residential district, shall be unoccupied adjacent to the boundary of the adjoining yard to such minimum width except for fences and/or other decorative or landscaping use.
[Amended 9-8-2008 by L.L. No. 6-2008]
C.
In all districts, corner lots shall be of a larger size and in residential districts shall be 50% larger with a minimum width along all streets of 20% more than the district requires.
D.
Where the corner lot is not in a residential district, but abuts a residential district, each yard not abutting a street but abutting a residential district shall be considered a rear yard.
[Added 9-8-2008 by L.L. No. 6-2008]
§ 192-95 Fences and walls.
[Amended 6-24-2024 by L.L. No. 3-2024]
A.
Residential districts. In all residential districts:
(1)
A fence or wall may be no more than four feet high from the finished lot grade in the front yard and no more than six feet high from the finished lot grade in the rear yard and side yard(s).
(2)
An outside perimeter fence or wall must be a minimum of six inches from all property lines.
(3)
A development permit is required for erection of a fence or wall, except that no development permit shall be required for erection of a fence or wall that is less than four feet in height and located at least six feet from all property lines.
(4)
Permitted materials are limited to wood, stone, other natural material, brick, ornamental metal, vinyl, and black-colored chain link, with the finished side facing adjoining properties.
(5)
Explicitly prohibited materials include barbed wire, concertina wire, electric fencing, sharp or jagged-edge wire, and any other material which may cause injury.
(6)
Fence and wall segments on a single lot side (e.g., front, rear, or side) shall be of uniform height, material, type, and color and shall be uniform for the entire length of the fence or wall.
(7)
The top edges of fences or walls must be free of sharp points, jagged edges, or other projections that could reasonably be expected to injure persons or animals.
(8)
If a fence is constructed of pickets, such pickets must be made of not less than one-inch by three-inch material and have an angle at the top of not less than 90°.
(9)
At all street intersections there shall not be constructed any obstructions to sightlines of vehicular traffic.
B.
Nonresidential districts. In all nonresidential districts, fences and walls shall be reviewed and approved as a part of site plan review.
C.
Good repair. Every fence or wall must be maintained in good repair by its owner. The Code Enforcement Officer, in his or her discretion, may make a determination that a fence or wall is in disrepair in violation of this section and may require certain repairs to restore the fence or wall to a state of good repair.
D.
Nonconforming fences and walls. Any existing fence or wall that was legally permitted and compliant as of the effective date of this section is permitted to continue to exist and be repaired at any time, unless the fence or wall has deteriorated more than 50%. Such determination shall be made by the Code Enforcement Officer in his or her discretion. All nonconforming fences or walls that have deteriorated more than 50% must be removed and/or reconstructed in conformance with the current requirements of this section.
§ 192-96 Street intersections.
A.
At all street intersections, a clear sight triangle shall be maintained from 30 inches in height and above formed by the street lines on such lot and a line drawn between points along such street right-of-way 30 feet distant from the point of intersection, with the exception of necessary signage or approved landscaping.
§ 192-97 Fire and explosion hazards.
A.
There shall be no activities or storage involving flammable and/or explosive materials without adequate safety devices against the hazard of fire and explosion and adequate fire-fighting and fire-suppression equipment and devices.
B.
There shall be no burning of waste materials.
C.
There shall be no storage of crude oil or any of its volatile products or other highly flammable liquids in aboveground tanks except in accordance with New York State regulations, as amended.
§ 192-98 Accessory buildings and structures.
A.
In all districts, a detached accessory building or structure shall be placed no nearer to a side property line than allowed in the zoning district in which the principal building or structure is located and no nearer to a rear property line than five feet, and for each foot the height of such building or structure exceeds 12 feet, this distance shall be increased by one foot. No detached accessory building or structure shall be constructed nearer the front property line than the rear of the main building or, in the case of a corner lot, nearer to the side street line than the setback of the principal building from the side street.
[Amended 4-11-2011 by L.L. No. 4-2011[1]]
B.
Residential use.
(1)
Number of accessory buildings allowed.
(a)
A single-family dwelling on a lot less than 40,000 square feet may have one detached freestanding accessory building, provided the size of the garage or accessory building is no greater than 460 square feet when the building coverage exceeds 15%. When the building coverage is equal to or less than 15%, then the size of a detached accessory building, when added to the floor area of the existing structures, shall not exceed the building coverage of the district in which it is located.
(b)
On lots greater than or equal to 40,000 square feet, a total of two detached accessory buildings are allowed, provided the building coverage and setbacks of the district are met.
(2)
A small, detached, movable accessory building of 100 square feet or less may be permitted if there are no other detached accessory buildings of more than 460 square feet and no current or proposed building violates bulk, height, setback or coverage requirements of this chapter. Such building shall be placed no nearer to a side or property line than five feet.
(3)
Any detached accessory building(s) exceeding 100 square feet shall complement the residence in roof pitch, eave treatment, openings, finish materials and color.
§ 192-99 Heat, cold, movement of air or dampness.
There shall be no activities that produce any material effect on the temperature, motion or humidity of the atmosphere at the lot line or beyond.
§ 192-100 Landscaping and buffering.
A.
Purpose and treatment. It is the intent of this section to encourage quality landscape design, construction and maintenance for the purposes of environmental preservation; heat, glare and wind reduction; site beautification; and buffering or screening. For purposes of this section, the landscaped area shall include the area required or permitted, under this section, to be devoted to landscaping, water features and environmental improvement, which may include existing and new vegetation, berms, lighting, site and street furnishings and ornamental features which are integrated with the vegetation. The following standards shall be considered minimum standards and shall be observed for all projects.
B.
General requirements.
(1)
In general, site design shall preserve existing natural features and trees of six inches or more in caliper while serving to safely and efficiently allow for the intended use of the property in a manner compatible with adjoining properties.
(2)
All landscaping and lawn areas shall be maintained. Dead material shall be replaced, and plant material shall be regularly pruned and nourished to maintain health.
(3)
Where buffering and screening are required, the Design Guidelines shall be considered minimum requirements due to the critical nature of these landscape applications.
(4)
Erosion control plans shall be incorporated into all landscape plans.
(5)
Bufferyards.
(a)
In addition to standard setbacks and the planting requirements outlined in this section, additional bufferyards shall be used to establish a greater separation where dissimilar land uses are located adjacent to each other. Careful site planning can minimize the need for constructed bufferyards by the preservation of natural topographic features, preservation of vegetation and sensitive location of site improvements and land uses.
(b)
The type and extent of plantings, fencing and walls required for bufferyards shall be proportionally greater for increased degrees of incompatibility among adjacent land uses.
(6)
Wetland-adjacent area. Areas located within the NYSDEC-regulated one-hundred-foot wetland-adjacent area shall be maintained as a buffer area. In the event the NYSDEC permits impervious areas within the buffer area, including but not limited to structures and parking lots, such impervious areas shall be designed so as to preserve the function of the wetland buffer; be subject to all other requirements of the Town of DeWitt Zoning Code and site plan review. Such modifications shall be calculated as part of a stormwater management plan or SWPPP, and where appropriate, projects may be required to provide for additional mitigation measures such as no-mow zones, native buffer plantings, permeable pavement, and other green infrastructure practices so as to preserve said wetland functions and values. Modifications to grades and stormwater management facilities may be located within the buffer area, if permitted by the NYSDEC and site plan review, but shall be maintained as natural and/or landscape area. The adjacent area is defined in 6 NYCRR Part 663.2(b), as revised, as those areas of land or water that are outside a wetland and within 100 feet, measured horizontally, of the boundary of the wetland.
[Added 4-11-2011 by L.L. No. 4-2011; amended 9-14-2015 by L.L. No. 3-2015]
§ 192-101 Minimum living area.
§ 192-102 Off-street loading.
A.
Location of required loading spaces. Loading spaces shall be located on the same lot as the building or structure to which they are accessory.
B.
Required spaces. Loading spaces shall be provided in sufficient number and of sufficient size so that no loading and unloading operations infringe upon any street or sidewalk.
§ 192-103 Off-street parking.
[Amended 9-8-2008 by L.L. No. 6-2008; 9-8-2008 by L.L. No. 8-2008; 4-11-2011 by L.L. No. 4-2011; 1-21-2015 by L.L. No. 1-2015; 6-4-2018 by L.L. No. 2-2018; 10-27-2025 by L.L. No. 9-2025]
A.
Location of required parking. A parking area or lot shall be located on the same lot as the building, structure or use to which the spaces are accessory.
B.
Change in use or intensity.
(1)
Whenever a use existing on the effective date of this chapter is changed to a new use, parking facilities shall be provided as required for such new use, except that when any such legally established, existing use was deficient in required parking spaces on such effective date, such new use may be established with a deficiency in required parking spaces equal in number but not more than such preexisting deficiency.
(2)
Whenever the intensity of use of any building, structure or use is increased, parking facilities shall be provided for such increase in intensity of use.
(3)
All new or substantially modified properties or uses shall provide, to the maximum extent possible as part of the site plan review process, shared or connected parking with adjoining properties as well as shared or combined access from the streets.
C.
Measurement and computation.
(1)
Computation of required spaces.
(a)
In stadiums, sports arenas, churches and other places of assembly in which patrons or spectators occupy benches, pews or other similar seating facilities, each 18 inches of such seating facility shall be counted as one seat for the purpose of determining the requirement for off-street parking facilities under this chapter.
(b)
When parking spaces are required on the basis of the number of faculty, staff, students or employees, the maximum number which may be present at any one time shall govern.
(2)
Uses not specified. For uses not expressly listed in this section, parking spaces shall be provided on the same basis as required for a similar listed use as determined by the Department using the ITE Parking Generation Manual, 3rd Edition, as amended, and local conditions.
D.
Required parking spaces schedule. If the computation of required spaces results in a number that includes a fractional space, a full space shall be added to the required number.
Structure | Number of Parking Spaces (minimum) |
|---|---|
Single- and 2-family dwellings | 2 for each dwelling unit |
Multiple-family dwellings | 2 for each dwelling unit |
Bed-and-breakfast | 1 per guest room plus 1 for owner |
Motels and hotels | 1 for each guest bedroom |
Churches, auditoriums, theaters, funeral homes and other places of public assembly | 1 for each 3 seats at maximum capacity |
Offices | 1 for each 150 square feet of gross floor area |
Retail stores, grocery stores and shopping centers: | |
0 square feet to 50,000 square feet of gross floor area | 1 for each 150 square feet of gross floor area |
50,000 square feet to 150,000 square feet of gross floor area | 333, plus 1 for each 165 square feet of gross floor area in excess of 50,000 square feet |
150,000 square feet to 400,000 square feet of gross floor area | 939, plus 1 for each 270 square feet of gross floor area in excess of 150,000 square feet |
400,000 square feet of gross floor area and up | 1,865, plus 1 for each 285 square feet of gross floor area in excess of 400,000 square feet |
Industrial or manufacturing | 1 for each 500 square feet of gross floor area |
Warehousing | 2 for each employee |
Restaurants, cafes | 1 for each 60 square feet of gross floor area |
Other commercial enterprises | 1 for each 300 square feet of gross floor area |
Hospitals and nursing homes | 1 for each 4 patients or residents |
E.
Location.
(1)
Up to 50% of the parking spaces required by this section may be otherwise located off site as approved by the Planning Board upon findings that:
(a)
It is impractical to provide parking on the same lot with the structure.
(b)
The required space is fully provided in a permanent, safe and easily accessible manner.
(c)
The off-site parking area is within 500 feet of the parcel or use it is supporting and within the same or a less restricted district.
(2)
Up to 25% of the parking spaces required in this section for retail stores and shopping centers use, that are greater than 10,000 square feet in gross floor area, and office use may be landscaped and reserved for future parking upon approval of the Planning Board and subject to the following conditions.
(a)
The parking reserve plan shall show the location and layout of the parking held in reserve, and all other parking and access, together with all stormwater facilities which shall be sized to accommodate the reserve parking and any other amenities that would be necessary if the reserved parking were built.
(b)
The applicant shall also submit competent information to justify the reservation.
(c)
If any of the reserve parking is to be constructed, initiated by the applicant or as provided for below, the applicant shall first obtain site plan review approval from the Planning Board.
(d)
Within 30 days from the date of a written notice from the Department, based upon a departmental observation that parking at the facility is insufficient, the applicant/owner of the facility shall file an application for site plan review. The applicant/owner shall diligently pursue such approval and subsequent construction of additional parking as may be required by site plan review. The observation that parking has become insufficient shall include the following or similar circumstances: a) regular or significant numbers of vehicles parked in unapproved areas of the site; b) off-site parking on neighboring properties; or c) parking on public streets. Such evidence must be of a continuous nature rather than a single occurrence (e.g., some special event or a "renegade parker").
(3)
In residential districts:
(a)
No parking shall be located in the required front yard setback except in a legal driveway that provides access to the residence and further subject to Chapter 161, Streets and Sidewalks.
(b)
In no event shall a motor vehicle or trailer over 22 feet long or tractor trailer cab, regardless of length, be parked on any public highway, right-of-way or parcel of land.
(4)
For all nonresidential districts, parking may be permitted between a building and the street.
(5)
Maneuvering space. Maneuvering space shall be located completely off the right-of-way of a public street, place or court unless otherwise approved by the appropriate authority.
(6)
Pedestrian circulation. A continuous internal sidewalk and/or pathway of five feet or more in width shall generally be provided from the walkway along the street to the principal entrance(s) of any building together with linkage to adjacent properties in a continuous path compliant with the Americans with Disabilities Act (ADA) standards.
(7)
Space sizes. The following minimum standards shall apply to the width and length of required parking spaces.
Type of Parking | Angle (degrees) | Stall Length | Stall Width | Aisle Width |
|---|---|---|---|---|
Traditional | 90 | 19 feet 0 inches | 9 feet 6 inches | 24 feet 0 inches |
Traditional | 60 | 21 feet 0 inches | 9 feet 6 inches | one-way 18 feet 0 inches |
Traditional | 45 | 19 feet 10 inches | 9 feet 6 inches | one-way 13 feet 0 inches |
Handicapped* | 90 | 19 feet 0 inches | 8 feet 0 inches | 24 feet 0 inches |
Handicapped* | 60 | 21 feet 0 inches | 8 feet 0 inches | one-way 18 feet 0 inches |
Handicapped* | 45 | 19 feet 10 inches | 8 feet 0 inches | one-way 13 feet 0 inches |
NOTES: | |
|---|---|
Vertical clearance equals or exceeds 7 feet 0 inches. | |
* | Loading area abutting stall shall be 8 feet 0 inches. All handicapped dimensions shall be the greater of those specified above or as provided for in any law promulgated by any government having jurisdiction. |
(8)
Surface.
(a)
Off-street parking lots shall be constructed in such a manner so as to provide an all-weather, durable and dustless surface. Individual stalls shall be clearly identified by markings no less than four inches in width.
(b)
Parking surfaces shall be graded and drained to an approved drainage system to dispose of all surface water accumulation in the area without shedding additional water on an adjoining property or right-of-way.
(c)
The use of interior catch basins linked to an approved drainage system shall be used.
F.
Parking in the Hamlet District.
(1)
If parking is provided, it should be located on the side or rear of the primary structure, or otherwise screened from the street(s).
(2)
Except for single-family dwellings, driveways and parking lots shall be hard surfaced.
(3)
Parking lots shall be landscaped with trees and continuous ground cover in curbed islands. One tree shall be planted for every five parking spaces.
G.
Parking in Mixed-Use Village Overlay District.
(1)
Off-street parking requirements shall comply with § 192-103 of the Town Zoning Code, or as modified below and further within this section.
(a)
Schedule of parking requirements (per square feet net floor area).
COMMERCIAL USES Minimum Parking Spaces | |
|---|---|
Office, professional (not including medical offices) | 3 per 1,000 square feet |
Retail sales and service over 2,000 but less than 25,000 square feet | 3.5 per 1,000 square feet |
Shopping center and retail sales and service (25,000 to 200,000 square feet) | 3 per 1,000 square feet, plus 1 per 5 seats in sit-down restaurants and theaters |
Note: When calculating total spaces, round up to the nearest whole number. |
(2)
The Planning Board may modify the parking requirements in a Mixed-Use Village Overlay District development in accordance with the following:
(a)
Except for parking count, any or all parking requirements contained in § 192-103 may be waived or modified by the Planning Board. The parking count may be modified upon findings that:
(b)
Off-site parking as described in § 192-103E(1) may be anywhere within the subdivision upon findings by the Planning Board that it can be utilized practically.
(c)
Reserve parking, as described in § 192-103E(2) and limited to office use, may be expanded to include all uses authorized within the district in which the subdivision is located except for restaurants upon findings by the Planning Board that adequate parking will be provided.
(d)
Public on-street parking can be utilized to satisfy parking counts upon approval of the Town Engineer and the Planning and Zoning Department.
(e)
Parking spaces provided for residential use may be counted toward commercial uses upon Planning Board finding that the commercial and residential uses are suitable for shared parking.
(3)
All new or expanded parking areas must be located in the rear or side yards of the building. No new or expanded parking areas are permitted in the front yard for new construction. For the purposes of this provision, parking on corner lots shall have one front yard and one side yard; Planning Board shall determine primary street and associated front and side yards.
(4)
Both rear parking lots and parking garages or decks may be constructed. Parking deck facades must have the appearance of horizontal storied buildings, be of similar paint or material tone as surrounding buildings and have storefront treatment on ground floor. Parking decks and garages must contain retail, office or civic uses along the frontage on the first floor.
(5)
Parking facilities must be readily accessible by pedestrian pathways and sidewalks with a maximum of one curb cut per side.
(6)
A parking lot or garage may not be adjacent to a square or adjacent to or opposite a street intersection or occupy lots that terminate a street vista.
(7)
No special restrictions shall apply to below ground parking facilities.
§ 192-104 Off-street stacking requirements.
A.
Minimum number of spaces. In addition to minimum parking requirements established in this chapter, the following stacking or queuing areas are required:
Activity Type | Minimum Stacking Spaces Per Lane or Stall | Measured From |
|---|---|---|
Automated teller machine | 4 | Teller |
Bank teller lane | 5 | Teller or window |
Car wash stall, self-service | 3 | Entrance |
Gasoline pump island | 2 | Pump island |
Pharmacy | 4 | Window |
Restaurant drive-through | 6 | Order box |
Restaurant drive-through | 4 | Order box to pickup window |
Oil change and/or quick lubrication | 3 | Per bay |
Other | Determined by Department |
§ 192-105 Outdoor storage.
A.
Residential districts.
(1)
Outdoor storage shall be prohibited in the front yard except as noted herein.
B.
Nonresidential districts, excluding industrial districts.
(1)
Outdoor storage shall not be allowed in the front yard.
(2)
Outdoor storage shall not occupy more than 10% of the entire lot area and shall meet the following criteria:
(a)
All outdoor storage shall be fully screened to ensure the area is not visible from the public right-of-way or adjacent residential districts.
(b)
Screening shall be of sufficient height and density to completely hide the storage from public view.
(c)
All screening shall be maintained in such a manner as to present a neat and orderly appearance at all times.
§ 192-105.1 Outdoor wood boilers and smokehouses.
[Added 4-11-2011 by L.L. No. 4-2011]
Outdoor wood boilers and smokehouses shall be considered accessory uses in the Town of DeWitt.
§ 192-106 Signs.
A.
Purpose.
(1)
The purpose of this section is to provide standards for the regulation of the height, size, location, message, appearance and maintenance of signs to:
(a)
Protect and enhance property values and neighborhood character.
(b)
Protect public and private investment in buildings and open spaces.
(c)
Preserve and improve the appearance of the Town as a place to live and work and as an aid to visitors.
(d)
Encourage sound signing practices to identify businesses, institutions and facilities.
(e)
Prevent excessive and confusing sign displays.
(f)
Reduce distractions to motorists and pedestrians.
(g)
Protect the public health, safety and general welfare.
(2)
Signage shall be designed and located to convey the identity of the principal use or service in a simple manner with care to complement the architectural integrity of the building(s).
B.
Procedure. A development permit may be issued by the Department upon application unless site plan review is required or unless a letter of approval is required per § 192-106I or no approval or permit is required per § 192-106C, or unless it is a window sign complying with § 192-106H(4).
(1)
A sign permit is required for a sign, including the alteration or replacement of a sign message, as described herein unless noted otherwise.
(2)
For a multitenant facility or multibuilding complex, site plan review for all signage for the entire facility or complex shall be obtained prior to issuance of a sign permit.
(3)
A sign permit shall be granted only if the subject property is found to be in compliance with Town zoning requirements and building and property maintenance codes.
(4)
For commercial real estate signs, an annual commercial real estate sign (CRES) permit shall be obtained from the Department in order to install or maintain one or more CRE signs.
C.
Allowed signs. The following signs are allowed in any district without a permit or site plan review:
(1)
Customary holiday decorations.
(2)
One prominently displayed building address sign that is visible to pedestrian and automobile traffic not less than four inches in height with a one-half-inch stroke or as required by the New York State Fire Code.
(3)
Family name signs and no trespassing, home security alarm and similar signs for single-family dwellings.
(4)
Traffic control signs.
(5)
Directional signs:
[Amended 1-21-2015 by L.L. No. 1-2015]
(a)
Small directional and parking signs:
[1]
Shall be approved by the Planning Board as part of the site plan review process. This approval shall include the font size and type, colors and general layout.
[2]
Such signage is to assist the flow of vehicular and pedestrian traffic. Such signage includes “left," “right,” “one way,” “entrance,” “exit” and symbols such as arrows.
[3]
The sign shall be a single color with either black or white lettering and match the signing color in Subsection C(5)(b) below, if the Planning Board allows location direction signing specified therein.
[4]
Shall not exceed two square feet per face.
[5]
The top of the sign shall be less than three feet above grade.
[6]
No project identification, including logos, is permitted.
[7]
In a residential district, no such signs are permitted.
(b)
For large and/or complex projects the Planning Board may allow signing that lists the various parts of a project and the direction to their location, upon specific findings that driver safety and access would be facilitated by the addition of such signing, subject to the following conditions:
[1]
Shall be approved by the Planning Board as part of the site plan review process. This approval shall include the font size and type, colors, directional arrow graphics and general layout.
[2]
The sign is not adjacent to access drives and property lines.
[3]
The sign shall be a single color with either black or white lettering and match the signing color in Subsection C(5)(a) above, if there are any small directional and parking signs.
[4]
The supporting posts design shall be simple and no greater than three inches square.
[5]
The maximum letter size is two inches.
[6]
The maximum height of the sign above grade is four feet.
[7]
The maximum square footage of the sign is 12 square feet and no wider than four feet, including any support posts.
[8]
The directional signs are of uniform design and shape.
[9]
No project identification, including logos, is permitted.
[10]
The listing shows the direction to the various parts of the project.
(6)
Signs, flags or emblems erected and maintained pursuant to any government function.
(7)
Decorative or architectural features of a building, except letters or trademarks.
(8)
Memorial or historic plaques, markers, monuments or tablets.
(9)
Public safety signs.
(10)
One sign identifying a government facility not larger than 15 square feet.
(11)
A single advertising sign, with one or two sides, and may be detached or attached but which shall not be more than two square feet in area, for the sale of agricultural products grown on the premises.
(12)
Signs not visible off the lot upon which the sign is situated.
D.
Limited signs. The following signs are limited in applicability. In using these signs, the size shall be counted toward the permitted sign area of this section.
(1)
Two gasoline price signs attached to each gasoline dispenser and not exceeding one square foot per face.
(2)
One changeable copy detached sign identifying only petroleum prices and facility name of a vehicle service station is permitted as a substitute for a detached sign listed in § 192-106F.
(3)
One detached sign may be permitted for an apartment complex, housing subdivision, or other integrated facility or complex subject to the sign restrictions of the zoning district specified in § 192-106F.
(4)
For a single-tenant industrial use in an Industrial District, not more than three signs to identify particular product line(s) for which the occupant is the exclusive distributor, provided that:
E.
Prohibited posting.
(1)
No person shall place or attach to or in any manner connect to any tree, lamppost, utility pole, road sign, hydrant or box covering the same on any Town highway, Town land, in any Town right-of-way or on other public rights-of-way or land any bill, placard, poster, letter, picture or character of any kind.
(2)
Advertising display upon any vehicle located on the property and visible from a public right-of-way shall be regarded as a sign subject to this chapter unless the vehicle is licensed, operable and regularly used in the normal course of the business.
(3)
No sign shall be painted, placed or constructed directly on or project from or over a roof.
(4)
No sign shall be painted upon or otherwise affixed to any rock, ledge or other natural feature.
(5)
The sign message, in other than window signs, shall not contain a telephone number, electronic mail address, website information or other references or communication identifying information except the physical address of the property or building.
(6)
No sign shall be placed on an awning.
(7)
Unless explicitly permitted, a sign shall be considered to be prohibited. This prohibition includes but is not limited to bunting, pennants, streamers and peripheral lighting and a listing or pictures of credit cards.[1]
[1]
Editor's Note: Former Subsection E(8), which provided that window signs were prohibited, added effective 1-1-2011, and which immediately followed this subsection, was repealed 2-27-2012 by L.L. No. 2-2012.
F.
Permitted permanent signs. Each lot or complex, if more than one lot is involved, may be allowed the following signage:
(1)
Residential: Residential-O (R-O); Residential-1 (R-1); Residential-1-A (R-1-A); Residential-2 (R-2). No signs shall be allowed except:
(a)
Those signs listed in other areas of this chapter as being allowed.
(b)
Signs as described below for cemeteries, educational facilities, emergency service facilities, government facilities, religious use and regulation golf courses. One sign to identify the principal use or service, subject to the further provisions of this section, including:
[1]
Attached sign with a maximum of 50 square feet or 8% of a front building facade area, whichever is less; or
[2]
Detached sign including the property address located in a front yard not exceeding 16 square feet in size and posted no more than five feet in height from the finished lot grade in the sign vicinity.
(2)
Neighborhood Business: Residential-3 (R-3); Business Transition (BT); Special Business Transitional (SBT). Maximum total sign area of 75 square feet to identify the principal use or service, subject to the further provisions of this subsection, including:
(a)
One attached sign per street facade to which the lot has an access drive and/or window signs with a maximum of 75 square feet. Attached sign(s) are further restricted to no greater than 8% of a front building facade area; and/or
[Amended 4-11-2011 by L.L. No. 4-2011]
(b)
One detached sign including the property address located in a front yard not exceeding 16 square feet in size and posted no more than five feet in height from the finished lot grade in the sign vicinity.
(3)
Business: Business (B); High Tech (HT); Office and Professional (O and P); Industrial (1). Maximum total sign area of 120 square feet to identify the principal use or service, subject to the further provisions of this subsection, including:
(a)
One attached sign per street facade to which the lot has an access drive and/or window signs with a maximum area of 120 square feet. Attached sign(s) are further restricted to no greater than 10% of a front building facade area; and/or
[Amended 4-11-2011 by L.L. No. 4-2011]
(b)
One detached sign, including the property address located in a front yard not exceeding 20 square feet in size and no more than six feet in height from the finished lot grade in the sign vicinity.
(5)
Industrial use: industrial uses.
(a)
Attached industrial use signs in an Industrial District may be granted an increase in size up to 300% upon finding by the Planning Board that:
(6)
Hamlet (HAM). Signs within the Hamlet District shall follow the requirements of § 192-106 of this chapter, subject to the following:
[Added 9-8-2008 by L.L. No. 8-2008]
(b)
One detached sign, including street number, located in the front yard.
[1]
Detached signs shall be or have the appearance of being handcrafted from wood or stone.
[2]
Supported signs shall have wooden posts.
[3]
If lighting is used, signs shall be softly lit from an exterior source with the lamp source hidden.
[4]
The single face shall be no greater than 12 square feet and no more than five feet in height from the finished lot grade in the sign vicinity.
(c)
Sign sizes.
[1]
For all attached signs, the aggregate area shall be no greater than 30 square feet with no letter or numeral greater than one foot six inches in height.
[2]
For perpendicular attached signs, the individual size of the sign shall be no greater than six square feet with the height no greater than two feet with no letter or numeral height greater than one foot. Only one perpendicular attached sign is allowed per building or tenant space. The height to the bottom of each perpendicular attached sign shall be greater than seven feet six inches.
(d)
The aggregate size of all window signs shall be not greater than 21 square feet with no single sign greater than seven square feet.
(e)
The aggregate area for all signs shall not exceed 50 square feet.
G.
Sign location.
(1)
No sign shall be located where it interferes with or obstructs the view or free passage of pedestrian or vehicular traffic and shall not be located in the public right-of-way.
(2)
No detached sign shall be closer than 25 feet to an adjoining residential lot line.
(3)
Each sign shall be located within the subject property boundary and shall not project beyond the same.
H.
Design standards.
(2)
Sign area.
(a)
The area of a sign shall be measured as the area enclosed by a series of lines forming a rectangle around all parts of the display, including all lettering, logo, graphics and any background that is different from the sign band of the wall or supporting material.
(b)
For a detached sign having two visible faces, the sign area shall be measured as specified herein and shall not include the area of the second face, provided the design replicates that of the first face and the detached sign is perpendicular to the street.
(c)
Directional signs in other than Residential-O, Residential-1, Residential-1-A and Residential-2 Districts shall not be included in the calculation of the sign area.
(3)
Lighting.
(a)
No sign shall consist of strings of lights or contain blinking, flashing, intermittent, rotating, glaring, or moving lights or other attention-attracting devices.
(b)
Any illuminated sign shall employ only lights emitting a light of constant intensity.
(c)
If illuminated, a sign shall be lit internally or with a top-mounted, continuous and enclosed lighting assembly. Floodlighting is prohibited.
(d)
Exposed neon lamps are prohibited on exterior signs.
(e)
All electrical signs shall have UL labels visible form the exterior of the sign. All wiring shall be within the sign housing.
(5)
Attached signs in Office and Professional, Business Transitional, and Special Business Transitional Districts shall be of an approved design other than a cabinet sign.
(6)
The sign band or area on which to place a sign on a building shall be located and sized to maintain the architectural integrity of the building. In no case shall the sign dimensions exceed 80% of the sign band dimensions.
(7)
Window signs.
[Added 2-27-2012 by L.L. No. 2-2012]
(a)
Window signs shall not exceed 25% of the total window area of windows facing an abutting street(s) and shall be included in the calculation of the overall signage allowed for the use.
(b)
Neon signs may only be permitted in cases where the sign(s) is compatible with the building’s use, architecture and neighborhood character.
(c)
Window signs, subject to the above restrictions, may be located in any window facing abutting street(s).
I.
Temporary signs. Nonilluminated temporary signs, attached or detached, that conform to the following may be allowed under the following conditions:
(1)
One commercial real estate sign per street frontage, on the subject lot for which a property or building sale or lease is available, subject to the following:
[Amended 9-8-2008 by L.L. No. 6-2008]
(a)
In residential districts, for residential uses and for all commercial property within an existing or occupied office park, shopping center or other multitenant facility, the sign(s) shall be less than four square feet.
(b)
For other commercial uses not listed above, the sign(s) shall be less than 16 square feet.
(c)
All real estate sale or lease signs shall be removed within seven days of sale or lease."
(2)
One construction or renovation sign per property, no greater than 32 square feet per side, identifying the participants. Said sign is only allowed if the work in question was subject to site plan review by the Planning Board. Such sign shall be removed at the termination of the construction project.
[Amended 9-8-2008 by L.L. No. 6-2008]
(3)
In all districts, all temporary advertising signs of a political, civic, philanthropic, educational, or religious nature or signs of a commercial nature otherwise permitted by these regulations may be erected and used on vacant or unoccupied property upon the granting of a Departmental letter of approval, provided that such signs are not attached to fences, trees, utility poles, or the like or located on public property. Said signs may not be placed in a position that will obstruct or impair vision of traffic or in any manner that will create a hazard to the welfare of the general public. In addition, the following shall apply:
(a)
All such signs must be thoroughly anchored, continually maintained in a clean, neatly painted condition and free from all hazards, such as but not limited to faulty wiring and loose fittings or fasteners.
(b)
Applicants for a temporary letter of approval must obtain the written consent of an owner of the vacant or unoccupied property upon which the sign(s) is(are) to be placed.
(c)
All such signs shall be erected no earlier than 45 days prior to an activity or event and shall be removed within seven days after the particular activity or event is concluded.
(d)
In the event that the Department determines that a sign or signs impairs the vision of traffic or in any manner creates a hazard to the welfare of the general public such that there is imminent peril, it may eliminate the danger by moving or removing the sign(s) in violation.
(4)
Other signs may be permitted once each calendar year for the following purposes only:
(a)
New business enterprises for a maximum of 14 consecutive days;
(b)
[3]Businesses enterprises which have lost the use of an existing sign by reason of fire or other catastrophe for a maximum of 60 consecutive days.
[3]
Editor's Note: Former Subsection I(4)(b), regarding the celebration of the anniversary or closing of a business, was deleted effective 1-1-2011. Former Subsection I(4)(c) was redesignated as I(4)(b), effective 1-1-2011.
(c)
Celebration of the anniversary or closing of a business enterprise for a maximum of 14 consecutive days.
[Added 2-27-2012 by L.L. No. 2-2012]
(5)
Temporary signs may not exceed 20 square feet in size; no more than one temporary sign shall be allowed per business.
(6)
A banner may be allowed as a temporary sign.
(7)
Except as specifically provided, all temporary signs shall be removed within seven days of the event or activity completion.
(8)
Temporary signs may be allowed by the Department upon the presentation of suitable information to allow a complete understanding of the purpose, use and circumstances for the sign and the issuance of a letter of approval by the Department.
J.
Maintenance of signs.
(1)
Every sign shall at all times be maintained in a safe and structurally sound condition. Signs that do not comply with adequate safety standards shall be removed at the property owner's expense.
(2)
Signs must be regularly maintained, including the replacement of worn parts, painting and cleaning.
(3)
The full number of illuminating elements of a sign shall be kept in working condition or immediately repaired, replaced, or all lighting turned off.
K.
Abandoned signs.
(1)
Except as otherwise provided in this chapter, any sign which is located on property which becomes vacant and unoccupied for a period of 45 days or more, or any sign which pertains to a time, event or purpose which no longer applies, shall be deemed to have been abandoned.
(2)
Abandoned signs are prohibited and shall be removed or have the complete message removed by any method by the owner of the sign or owner of the premises.
L.
Off-site signs and billboards. In consideration of the goals to protect and enhance property values and neighborhood character; protect public and private investment in buildings and open spaces; preserve and improve the appearance of the Town as a place to live and work and as an aid to visitors; encourage sound signing practices to identify business, institutions and facilities; reduce distractions to motorists and pedestrians and protect the public health, safety and general welfare; and specifically recognizing the adverse impact of the herein prohibited signage on the preservation of the appearance of the Town of DeWitt and the potential for distractions to motorist and pedestrians, in addition to any other signs which may be otherwise regulated or prohibited by this Code, the following signs are prohibited:
§ 192-107 Excavations, site grading, filling and clearing.
[Amended 9-8-2008 by L.L. No. 6-2008]
All site grading, excavation and filling shall conform to Chapter 160, the Stormwater Management and Erosion and Sediment Control Local Law, and to the following general requirements:
A.
Lot grading shall be done in such a way as to preserve or enhance the topographic features and to provide positive drainage. All site grading shall be designed to meet the following standards:
Minimum Slope (percent) | Maximum Slope (percent) | |
|---|---|---|
Planting areas | 2% | 25% |
Parking lot pavement | 1% | 5% |
Driveways | 2% | 10% |
Pedestrian pavements | 1% | 8% |
Sidewalks | 1% | 6% |
B.
In any district, upon site plan review by the Planning Board, a person may obtain a development permit to excavate, deposit, grade or remove topsoil or other earthen materials for use on or off the premises. No excavation or deposition of land shall be permitted which will result in a slope of more than 25% unless, through proper use of retaining walls or other acceptable techniques, equivalent safety to persons and property can be obtained, and no such excavation or deposit shall be permitted to cause erosion.
(1)
Where retaining walls are required, they shall be of a material compatible with the building architecture.
(2)
Berms, channels, swales, etc., shall be graded in such a way as to be an integral part of the grading and paved surface. Such features shall be designed with smooth vertical transitions between changes in slope.
(3)
All structures shall be designed so as to minimize the amount of cutting into the embankment, general grading and removal of vegetative cover.
(4)
The location of driveways, walkways and accessory buildings, as well as general grading, shall conform to the same overall objectives stated above.
(5)
Terracing, sodding, planting and the construction of retaining walls shall be provided as necessary.
C.
Clearing of land shall be regulated as follows:
(1)
"Clearing" is defined as the removal of living trees. Not included in clearing is the selective removal of trees as part of an approved forest management plan, the removal of dead trees or those trees posing a hazard, or the pruning of trees.
(2)
In all nonresidential districts and Residential R3 Districts, a development permit is required in order to clear land.
(3)
In other residential districts, an owner is required to obtain a letter of determination from the Department prior to the clearing of his lot.
(4)
In all nonresidential districts and Residential R3 Districts, site plan review by the Planning Board is required in order to clear land.
§ 192-108 Radioactivity.
There shall be no activities that emit radioactivity exceeding federal guidelines.
§ 192-109 Water and air pollution.
There shall be no emission into the atmosphere of fly ash, dust, fumes, vapors, gases and other forms of air pollution which can cause damage to life or property or discharge into any sewage disposal system or stream or into the ground of any materials of such a nature or temperature as can contaminate any watercourse or supply or can cause any dangerous or unhealthy condition, except upon approval of applicable state and/or local agencies having jurisdiction to regulate such air or water pollution.
§ 192-110 Front yard uses and improvements.
The use of a front yard and improvements thereon are of particular concern to the Town since a front yard is typically the physical and visual entry to a property. As such, there is a safety concern involving the location, number and size of curb cuts onto the property from a public road and in relation to other curb cuts. Additionally community expectations for a presentable, safe and well-maintained "public side" of all properties in DeWitt are important to neighborhood compatibility and Town custom.
A.
In residential districts, no front yard shall be used for other than the temporary parking of a motor vehicle or other lawful vehicles, common residential activities except the storage of personal property, and no front yard shall be improved with any structure other than an approved fence, flagpole, mailbox, lamppost, landscaping or approved driveway and/or parking space pursuant to Chapter 161 of the Town Code.