Urbana Town City Zoning Code
ARTICLE IV
Supplementary Regulations
§ 105-22 Performance standards.
In any district, the following standards for activities shall apply:
A.
No offensive or objectionable vibration, odor or glare shall be noticeable at or beyond the property line.
B.
No activity shall create a physical hazard, by reason of fire, explosion, radiation or other such cause, to persons or property in the same or an adjacent district.
C.
There shall be no discharge of any liquid or solid waste into any stream or body of water or any public or private disposal system or into the ground of materials of any nature that may contaminate any water supply, including groundwater supply.
D.
There shall be no storage of any material, either indoors or outdoors, in such a manner that it facilitates the breeding of vermin or endangers health in any way.
E.
There shall be no emission of smoke, fly ash or dust which can cause damage to the health of persons, animals or plant life or to other forms of property.
§ 105-23 Home occupations.
In any district, nothing in this chapter shall prevent an individual from conducting his business, trade or profession in his principal residence, provided that no more than two persons be employed in addition to the entrepreneur; that no other person shall be permitted to share, let or sublet space for such business or professional use; that there be no external evidence of such use except for one sign not exceeding two square feet in area; and that there shall not be any exterior storage of materials or equipment.
§ 105-24 Excavations.
[Amended 12-20-2016 by L.L. No. 3-2017]
A.
Purpose. This section is adopted to promote and protect the public good order, peace, health, safety and general welfare of the inhabitants of the Town and the community and to protect and to secure their property; to protect and preserve the public roads and highways and other property of the Town; and to preserve the natural contours of land within the Town.
B.
Word usage; definitions.[1]
(1)
Word usage.
(a)
Except where specifically defined herein, all words used in this chapter shall carry their customary meanings.
(b)
Words used in the present tense shall include the future.
(c)
Words used in the singular, unless the context clearly indicates the contrary.
(d)
The word "shall" is always mandatory.
(e)
The word "may" is permissive.
(f)
"Building" or "structure" includes any part thereof.
(g)
The word "lot" is a portion of a "parcel."
(h)
The word "person" includes an individual person, a firm, a corporation, a limited liability company, a partnership and any other agency of voluntary action.
(i)
The phrase "used for" includes the phrases "arranged for," "designed for," "intended for," "maintained for" and "occupied for."
(2)
The following words and terms are specifically defined as follows:
CUT AND FILL
An operation in which the material excavated and removed from one location is used as fill material at another location.
EXCAVATION
The removal, addition of fill of earth, topsoil, subsoil or bedrock, and/or any activity which results in a change to the existing grade of any lot or parcel.
EXTRACTIVE OPERATION
The activity of taking or extracting stone, gravel, clay, sod, topsoil or similar natural resource material which will be sold or used in conjunction with a business.
FARM
For purposes of this chapter, a farm shall be a commercial agricultural operation that is subject to filing a federal Schedule F profit and loss statement.
FARMING
The commercial cultivation of the soil for the growing of plants, flowers or other commercial vegetative products.
FILL
The use of soil or other material used to raise the grade of a site area.
FOUNDATION
That part of the structure of a building forming a retaining wall for the portion of the building that is below grade.
GRADE CHANGE
An alteration of the existing grade of any lot or parcel that results in a change in elevation of the lot or parcel.
GRADE, EXISTING
The elevation of the top surface of the undisturbed of a lot or portion thereof prior to any excavation.
GRADE, FINISHED
The elevation of the top surface of a lot or a portion thereof after excavation is completed.
GRADING
Moving or relocating material on any lot or parcel.
GRAVEL PIT/QUARRY
A surface excavation for extracting stone, rock, gravel, sand and similar materials.
LANDSCAPING
Landscaping shall mean affecting the grade or a portion of a lot for nonstructural decorative purposes.
LOT
A portion of a parcel of land situate within a parcel with its boundaries defined by an approved subdivision, municipal district or public road or other division.
MATERIAL
Stone, gravel, clay, sod, topsoil or similar natural material.
PARCEL
A tract of land with its boundaries defined within the property deed. A "tract" can contain more than one "lot."
PLOT
See "parcel."
POND
A water impoundment created by constructing a dam or embankment or by excavation, or a stormwater retention basin.
RETAINING WALL
Any wall that is higher than three feet above the existing grade that is cut into an embankment or that is to be back filled and uses timbers, stones, blocks or similar containment materials.
[1]
Editor's Note: See also § 105-4.
C.
Permit required.
(1)
Except as provided in Subsection G of this section, no stone, sand, gravel, topsoil, earth of any kind or other natural materials shall be moved, removed, excavated or deposited in any way from or onto any land in the Town unless a permit shall first have been obtained as hereinafter provided.
(2)
Any proposed grade change that would result in additional water flow onto or from any adjoining property or onto or from a public right-of-way, or alters the course of a stream, shall require an excavation permit prior to excavation and is subject to review by the Town of Urbana Planning Board.
(3)
Any change in grade that alters the grade of a lot or parcel by a height or depth of two feet and encompasses an area greater than 15% of the lot.
D.
Review requirements.
(1)
All grade changes shall be performed within the established setbacks for the zoning district in which they take place as set forth in § 105-14, Area and bulk regulations. Any grade change encroaching upon any lot line setback shall require a variance and site plan review.
(2)
Commercial and private extractive operations, including but not limited to gravel pits and soil mining, shall require a special use permit and shall be subject to a site plan review by the Planning Board, which shall culminate in a public hearing.
(3)
Any change in grade that involves depositing, removing or relocating of material in excess of 500 cubic yards on any lot or parcel. Proposed projects that exceed this threshold shall be subject to a review by the Planning Board, which shall culminate in a public hearing.
E.
Application for permit; accompanying data.
(1)
Before such a permit shall be issued, a written application therefor shall be filed with the Town Clerk by the owner of the land upon which the proposed moving, removing excavating or depositing is to take place. Such application shall be in duplicate, shall be signed and verified by the applicant and shall contain the following information:
(a)
The full name of the owner of the subject property and his/her address.
(b)
A statement of ownership of all other property in the Town owned in the same name, identifying each such parcel by section, block and lot numbers as shown on the Steuben County Land and Tax Map.
(c)
A complete description of the proposed work, including a statement of the nature and three-dimensional extent of the excavation and/or filling proposed.
(d)
A statement whether topsoil only is to be excavated or filled or subsoil only is to be excavated or filled, or both subsoil and topsoil are to be excavated or filled.
(e)
A statement of the total cubic yards of material proposed to be moved, excavated or deposited.
(f)
A complete statement of the proposed disposition of all material to be moved, removed or excavated and the proposed source of all material to be deposited.
(g)
Such other information and data as the Zoning Officer may require.
(2)
A certificate of the Town Highway Superintendent of the Town of Urbana or his duly authorized deputy that such proposed excavating and/or filling and the proposed finished grades of the subject property will not endanger any county or Town road, street or highway or any other public property.
F.
Standards for grant of permit.
(1)
The Zoning Officer may grant an excavation permit only if it is found affirmatively upon substantial evidence that the proposed moving, removing, excavating or depositing of material:
(a)
Constitutes the minimum disturbance to the natural contours, trees, and ground cover of the property as shall be reasonably necessary to accomplish the proposed improvement of the property.
(b)
Is consistent with the good order, peace, health, safety, and general welfare of the inhabitants of the Town and of the community.
(c)
Is necessary for the reasonable use and development of the subject property.
(d)
Is consistent with all other ordinances and laws of the Town.
(2)
The Zoning Officer shall state in such permit, if granted, such restrictions and conditions as may be deemed necessary, reasonable or desirable to protect and preserve the property of the Town and its inhabitants.
G.
Exemptions. A permit is not required for:
(1)
Landscaping or raised bed gardening providing that the raised area does not exceed three feet in height and encompasses an area not to exceed 50 square feet. The raised area shall not change or encroach upon any lot line setback.
(2)
Excavation performed for the placement of a foundation of a structure that has received a Town of Urbana Building Permit.
(3)
Gravel or material placed in a drive or walkway that does not alter the height of the existing grade at any point by a height exceed four inches.
(4)
The placement of topsoil or sod that does not alter the height of the existing grade at any point by a height exceeding six inches.
(5)
Ponds in an agricultural district.
(6)
Commercial and private extractive operations in operation prior to the effective date of this chapter.
(7)
Grading not resulting in a grade change.
H.
General requirements.
(1)
For any grade changes that are undertaken within any state, county or Town municipal right-of-way, it shall be the responsibility of the property owner to obtain any required permits and/or approvals from the corresponding authority.
(2)
For any grade changes that are undertaken within the Town of Urbana, it shall be the responsibility of the property owner to obtain any required permits and/or approvals from the corresponding authority.
(3)
All grade changes in the Town of Urbana are subject to the provisions of the Town's critical slope requirements.
(4)
All grade changes in the Town of Urbana are subject to all applicable provisions of FEMA floodplain requirements.
I.
General conditions.
(1)
Any proposed excavation adversely affecting natural drainage or structural safety or adjoining buildings or lands shall be prohibited.
(2)
Excavations shall not create any noxious or injurious substance or conditions of cause a public hazard.
(3)
In any district, excavation relating to the construction on the same lot of a building or structure for which a building permit has been issued shall be permitted.
(4)
In the event that construction of a building or structure is stopped prior to completion and the building permit is allowed to expire, the premises shall promptly be cleared of any rubbish or building materials, and any excavation with a depth greater than two feet below existing grade shall be filled in and topsoil replaced or all such excavations shall be entirely surrounded by a substantial fence at least six feet high that will effectively block access to the area in which the excavation is located.
J.
Penalties for offenses. A violation of any of the provisions of this chapter shall not constitute a crime, but rather a violation. Any person, upon conviction of a violation of this chapter, shall be fined an amount not to exceed $100 for the first offense and an amount not to exceed $200 for the second or any subsequent offense reoccurring within a consecutive twelve-month period. Additionally, such person shall be subject to imprisonment for a term not to exceed 15 days for each offense or both such fine and imprisonment. The Court may issue a warrant for a person's arrest in the same manner as in a misdemeanor case. The continuation of any offense against the provisions of this chapter shall constitute, for each day the offense is continued, a separate and distinct offense hereunder.
K.
Emergencies.
(1)
Whenever the Zoning Officer finds that an emergency exists which requires immediate attention to protect the public health or safety, the officer may, without notice or hearing, issue an order reciting the existence of such emergency and requiring that such action be taken as the officer deems necessary to meet the emergency. Notwithstanding any other provisions of this chapter, such order shall take effect immediately.
(2)
Any person to whom such order is directed shall immediately, or shall, within 24 hours of the issuance or the order, comply therewith.
L.
Permit fee. The Town Clerk shall charge and collect for an application for a permit under this section a filing fee of $55 or such other fee as fixed by the Board by resolution from time to time.
M.
Repealer. All ordinances, local laws or resolutions or parts of ordinances, local laws or resolutions of the Town of Urbana which are inconsistent with the provisions of this section are hereby repealed; provided, however, that such repeal shall be only to the extent of such inconsistency and that, in all respects, this section shall be in addition to the other legislation regulating and governing the subject matter covered by this section and the provision which establishes the highest standard shall prevail. More specifically, Chapter 52 of the Code of the Town, which Chapter was adopted by the Town Board of the Town of Urbana November 14, 1983 and as thereafter amended, is hereby repealed in its entirety.
N.
Severability. If any section, paragraph, subsection or provision of this chapter shall be adjudged invalid or held unconstitutional, the same shall not affect the validity of this chapter as a whole, or any part or provision thereof, other than the part so decided to be invalid or unconstitutional.
§ 105-25 Setbacks from mapped streets.
After the planned right-of-way line for future streets, for future extensions of existing streets and for future street widening is established on the Official Map, if any, buildings and structures shall be set back from such line as though it were a street line.
§ 105-26 Accessory buildings and uses.
A.
An accessory building not attached to a principal building shall be located no closer to the principal building than 12 feet or a distance equal to the height of such accessory building, whichever is greater.
B.
In a residential district, accessory uses not enclosed in a building, including swimming pools and tennis courts, shall be erected only on the same lot as the dwelling, may not be constructed in the side or front yard of such lot and shall be distant not less than 20 feet from any lot line nor less than 10 feet from the dwelling and shall not adversely affect the character of adjacent residential areas by reason of noise, glare or hazard.
§ 105-27 Corner sight clearances.
For the purpose of maintaining sight distance in order to minimize traffic hazards at street intersections, on any corner lot no obstructions higher than 2 1/2 feet above the adjacent top-of-curb elevation shall be permitted to be planted, placed, erected or maintained within the triangular area formed by the intersecting pavement lines or their projections (where corners are rounded) and a straight line joining the pavement lines at points feet distant from their point of intersection.
§ 105-28 Walls and fences.
A.
In any residence district, walls and fences up to four feet in height shall be permitted anywhere on a lot, except where corner sight clearances are required for traffic safety.
B.
In any business, industry or agricultural district, there shall be no restriction on fences or walls except on a residence district boundary line where such fences or walls shall be limited to eight feet in height and except where corner sight clearances are required.
[Amended 3-19-2019 by L.L. No. 1-2019]
C.
All fences must have the good side out.
§ 105-29 Off-street automobile parking.
In all districts, off-street automobile parking spaces for the various permitted uses shall be required at the time any of the main buildings or structures of such uses are constructed or altered, as follows:
A.
The minimum cumulative number of spaces shall be determined by the amount of dwelling units, bedrooms, floor area, members, equipment, employees and/or seats contained in such new buildings or structures or added by alteration of buildings or structures, and such minimum number of spaces shall be maintained by the owners of such buildings or structures, as follows:
(1)
Business uses.
(a)
Requirements.
[1]
For retail business or service, bank or post office: one space for each 200 square feet of customer floor area.
[2]
For office uses, including professional, personal service, public utility or governmental: one space for each 300 square feet of gross office floor area.
[3]
For restaurant, bar or nightclub: one space for each 50 square feet of customer floor area.
[4]
For funeral home: one space for each five seats of auditorium capacity.
[5]
For hotel, motel and vacation resort: one space for each bedroom, plus one space for each four employees.
[6]
For any commercial use: one space for each company vehicle.
(b)
Spaces in municipal parking lots, where available, may be credited toward the parking requirements for such nonresidential uses, provided that:
[1]
These spaces are within 400 feet of the uses to be served;
[2]
The parking needs of existing facilities within four 400 feet and computed on the same basis as for new facilities are satisfied first and only excess capacity is used for this purpose.
[3]
A special permit for such use is obtained from the Planning Board.
(2)
Industrial uses.
(a)
One space for each 400 square feet of floor area devoted to manufacture, including printing, publishing and laundry or dry-cleaning plants.
(b)
One space for each 2,000 square feet of floor area devoted to storage or stationary operating equipment.
(c)
One space for each 3,000 square feet of area devoted to outside storage, including used car lots and equipment rental or sales yards.
(d)
For any industrial use: one space for each company vehicle.
(3)
Public and semipublic uses.
(a)
For places of public assembly, including churches: one space for each six seats of auditorium or stadium capacity.
(b)
For elementary school or nursery: two spaces for each classroom.
(c)
For high school or college: five spaces for each classroom.
(d)
For museum, art gallery or philanthropic institution or use: one space for each 800 square feet of gross floor area.
(e)
For hospital, sanitarium or nursing or convalescent home: one space for each two beds.
(4)
Recreational uses.
(a)
For membership club: one space for each 200 square feet of gross floor area.
(b)
For dance hall: one space for each 50 square feet of dance floor area.
(c)
For golf course or driving range, bowling alley or billiard hall: four spaces for each tee, alley or table, respectively.
(d)
For skating rink: one parking space for each 250 square feet of area available for skating.
(5)
Residential uses.
(a)
For dwellings: one space for each dwelling unit to be provided on the lot.
(b)
For dentist or doctor: two spaces, plus one for each employee.
(c)
For home occupation: one space for each employee.
(d)
For boardinghouse: one space for each bedroom.
(6)
Required off-street parking for uses not listed herein shall be as specified by the Planning Board.
B.
Calculation of automobile parking spaces. In the case of a combination of uses, the total requirements for off-street automobile parking spaces shall be the sum of the requirements for the various uses, unless it can be proven that staggered hours of use would permit modification. Whenever a major fraction of a space is required, a full space shall be provided.
C.
Dimensions for automobile parking spaces.
(1)
Every such space provided shall have dimensions no less than the following, as appropriate, for the particular layout used:
(a)
Ninety-degree angle parking: nine feet by 19 feet.
(b)
Sixty-degree angle parking: 10 feet by 19 feet.
(c)
Forty-five-degree angle parking: 12 feet by 19 feet.
(d)
Parallel parking: nine feet by 23 feet.
(2)
Driving lanes shall be at least 12 feet in width if one-way and 20 feet in width if two-way.
D.
Location of automobile parking spaces.
(1)
In any residential district, required automobile parking spaces shall be provided on the same lot.
(2)
In any business or industrial district, required automobile parking spaces shall be provided on the same lot or not more than 400 feet therefrom.
(3)
No open or enclosed parking area shall encroach on a required side or rear yard to within three feet of a property line.
(4)
No entrance and exit drives connecting an off-street parking area with a street shall be permitted within 25 feet of the intersection of two public rights-of-way.
E.
Commercial parking lots shall comply with the provisions of Subsection D above and § 105-32C.
§ 105-30 Off-street truck loading spaces.
In all districts, truck loading spaces for the various permitted uses shall be required at the time any of the main buildings or structures of such use is constructed or altered, as follows.
A.
Off-street truck loading spaces shall be provided as follows:
(1)
For permitted general uses: one space for 10,000 square feet to 25,000 square feet of floor area and one additional space for each additional 25,000 square feet of floor area, unless it can be proven that truck deliveries shall not exceed one vehicle per day.
(2)
For funeral homes: one space for each chapel.
(3)
For other permitted business uses: one space for 10,000 square feet to 25,000 square feet of floor area and one additional for each additional 25,000 square feet of floor area.
(4)
For permitted light industrial uses: one space for the first 10,000 square feet of floor area and one additional space for each additional 40,000 square feet of floor area.
B.
Dimensions for off-street truck loading spaces. Each required truck loading space (open or enclosed) shall have the following minimum dimensions: 35 feet long, 12 feet wide and 14 feet high, except that for funeral homes, spaces may be 20 feet long, 10 feet wide and eight feet high.
C.
Location of off-street truck loading spaces. All off-street truck loading spaces shall be located on the same lot as the use for which they are permitted or required. Open off-street truck loading spaces shall not encroach on any required front or side yard, accessway or automobile parking area, except that in business districts, the off-street automobile parking area may be used for truck loading, provided that such spaces shall not be so used for more than three hours during the daily period that the establishment is open for business.
D.
Review by Planning Board. The proposed location, number, size and design of off-street truck loading areas for nonresidential uses and the accessways thereto shall be subject to review by the Planning Board. Prior Planning Board approval thereof is required before the issuance of a zoning permit, building permit or certificate of occupancy.
§ 105-31 Construction, landscaping and screening of parking and loading areas.
A.
Construction of off-street parking and truck loading areas. Such areas shall be suitably paved. The individual spaces shall be visibly marked with a paint or other durable material where appropriate.
B.
Landscaping and visual screening.
(1)
All truck loading areas, automobile parking areas of three or more spaces that abut a residential lot line and any parking lot of more than 20 cars shall be screened by a six-foot-high solid masonry wall or compact evergreen hedge or a landscaped strip of trees and shrubs so designed as to form a visual screen from the adjoining property.
(2)
Any parking lot for 10 or more cars shall include a provision for shade trees to be planted in perimeter or island planting areas. Such trees shall be of appropriate deciduous species that, at maturity, can be expected to shade a circular area not less than 15 feet in radius and shall be located so that at least 20% of the parking lot will be shaded.
(3)
All parking areas and landscaping shall be properly maintained thereafter in a sightly and well-kept condition.
§ 105-32 Industrial District.
A.
Standards. The following standards are hereby adopted and must be complied with for and by any use in any industrial district and before the same is permitted, established, maintained or conducted:
(1)
Outdoor storage. Materials, supplies or semi-finished products shall be stored, if not within a building, on the rear 1/2 of the property and shall be screened from any residential or business district or existing or proposed street.
(2)
Loading space. No truck loading space shall be on any street frontage. Provisions for handling all freight shall be on those sides of any building which do not face on any street or proposed streets.
(3)
Landscaping. All areas of the plot not occupied by buildings, parking, driveways or walkways or storage shall be landscaped attractively with lawn, trees, shrubs or other plant material. Such landscaping shall take into consideration the natural growth presently on the premises and the nature and condition of the terrain as well as the situation of the lands and premises themselves and with regard to adjoining lands and premises. Along the property line adjacent to any residential district there shall be maintained a buffer strip, suitably landscaped, at least 100 feet wide within the Industrial District.
(4)
Fences and walls. Along property lines adjacent to a residential or business district there shall be a wall, fence, compact evergreen hedge or a landscaped strip of trees and shrubs so designed as to form a visual screen not less than six feet high at the time of planting. Except for landscaped areas and parking areas, a use which is not conducted within a completely enclosed building shall be screened by a six-foot solid masonry wall, a chain-link fence covered with an evergreen vine or a compact evergreen hedge. Such wall, fence or hedge shall be located no closer to any street than the depth of the required yard.
B.
Water supply/waste disposal. Proper and adequate means for water supply, sewerage and solid waste disposal must be provided in accordance with regulations of the New York State Departments of Health and Environmental Conservation.
C.
Traffic. Special consideration must be given to the traffic generated by each proposed use in an industrial district and no undue traffic volumes shall be permitted on residential streets. No access drive for any industrial district shall intersect a street within 300 feet of and on the same side of the street as a school, public library, theater, church or other public gathering place, park, playground or fire station unless a street 50 feet or more wide intersects the street between such access drive and such building or use.
§ 105-33 Gasoline filling stations.
In any district where permitted, a gasoline filling station shall be subject to the following regulations:
A.
No filling station access drive shall be within 200 feet of and on the same side of the street as a school, public library, theater, church or other public gathering place, park, playground or fire station unless a street 50 feet or more wide lies between such service station and such building or use.
B.
No fuel pump shall be located closer than 25 feet from any side lot line nor closer than 50 feet from any street line, measured from the outside edge of the fuel island. The area for use by motor vehicles, except access drives thereto, as well as any structures shall not encroach on any required yard area.
C.
All repair work and storage shall be within a completely enclosed building. Such repair work shall not include any body repair work or spray painting.
§ 105-34 Signs.
No sign or other device for advertising purposes shall be erected or placed without first applying for and subsequently receiving a permit from the Zoning Enforcement Officer. This permit shall be renewable every two years.
A.
Signs in residential districts.
(1)
Permitted nonresidential uses and legal nonconforming nonresidential uses may display signs pertaining to the use of property on which such sign is situated. Such sign shall have an aggregate total face area of not more than 30 square feet and project no more than 24 inches beyond the principal building to which it is attached; except that where such nonresidential uses are set back from property lines, one sign pertaining thereto may be erected in the ground, provided that such ground signs, if parallel to the lot frontage, shall not exceed 15 square feet in total face area, shall not exceed five feet in height and shall be no nearer than 10 feet to any property line. If such freestanding signs face substantially at right angles to the lot frontage or display in more than one direction, they shall have a face area of not more than eight square feet per side with no more than two sides and shall not exceed five feet in height and shall be no nearer than 10 feet to any property line.
(2)
Multifamily dwellings may display a nonilluminated sign identifying the premises, having an aggregate total face of not more than 12 square feet and not projecting beyond the principal building on the lot more than 24 inches.
(3)
Any dwelling unit townhouse structure may display one nameplate or professional sign not exceeding two square feet in area.
(4)
Any boardinghouse may display one sign not exceeding five square feet in area and not projecting more than 24 inches from the principal building on the lot.
B.
Signs in business and industrial districts. Two signs, each having a total face area of not more than 100 square feet on each side in a business district or 400 square feet on each side in an industrial district may be displayed for each establishment, provided that such signs shall be located not less than 10 feet from any property line and not less than 40 feet from the center of the road and, provided further, that such signs shall not extend more than 20 feet above ground level nor more than five feet above the height of the roof of a building at the point of the sign's location, whichever is less restrictive.
C.
Representational signs. Representational signs in any district shall not project more than five feet beyond the principal structure to which they are attached and shall not have a face area of more than 15 square feet. Only one such sign per establishment shall be permitted.
D.
Billboards. Billboard signs shall be restricted to those related to or associated with businesses which are situate within the Town of Urbana, Steuben County, New York. In no event shall such signs exceed 450 square feet. All presently existing billboard signs will be permitted to continue.
E.
Community poles. Community poles shall have signs measuring three feet by four feet and shall first be approved by the Zoning Enforcement Officer. The location of such poles shall be approved by the Town Board.
F.
Projecting signs. Signs projecting into a public right-of-way shall have a clearance of not less than 10 feet above the sidewalk or surrounding ground and not less than 15 feet above any public driveway or thoroughfare. No sign may project into any public right-of-way without written approval from the Town Board, said approval being revocable on 90 days' written notice from the Town Board.
G.
Subdivision signs. Any person offering lots for sale in a subdivision may erect nonilluminated, directional signs within the limits of the subdivision or adjoining property in the same ownership, having a total face area of not more than 50 square feet on each side. The permit for such signs shall be issued for a period of one year and may be renewed for successive periods of one year each following a determination by the Zoning Enforcement Officer that the signs have been repainted or are in good condition in each case.
H.
Signs not requiring a permit.
(1)
Real estate signs which advertise the sale, rental or lease of the premises upon which said signs are located, having an aggregate total face area of not more than six square feet within any residential district and business district nor more than 20 square feet within any industrial or agricultural district, shall be permitted.
(2)
One sign denoting the architect, engineer and/or contractor, when placed upon work under construction and not exceeding 24 square feet in area, shall be permitted.
(3)
Memorial signs or tables, names of buildings, and dates of erection, when cut into any masonry surface or when constructed of bronze, stainless steel or similar material, shall be permitted.
(4)
Traffic or other municipal signs, legal notices and such temporary, emergency or nonadvertising signs as may be authorized by the Town Board shall be permitted.
I.
Illuminated signs.
(1)
In every district, directly illuminated signs require a permit.
(2)
Illumination of signs shall not be of intermittent or varying intensity or produce direct glare beyond the limits of the side property line.
(3)
Colored lights of such shape and hue that they may be confused with traffic lights and signals shall be prohibited.
(4)
All bare light sources and immediately adjacent reflecting surfaces shall be shielded from view.
J.
Banners. Banners and similar devices are prohibited, except nonpermanent ones displayed for the occasion of special events which shall be displayed no longer than for a three-week period and shall not be repeated more than twice in a twelve-month period.
K.
Posters. Temporary, nonpermanent posters covering such things as sporting events, shows and similar-type events shall not be displayed more than four weeks prior to the event. All such posters, as well as political posters (which may be displayed for any reasonable time period before the occurrence of their subject matter), shall be removed not later than two weeks thereafter.
L.
Removal of certain signs. Any sign now or hereafter existing which no longer advertises a bona fide business being conducted or a product which is available for purchase by the public on the premises or which is in a state of disrepair shall be taken down and removed by the owner, agent or person having the beneficial use of the land, building or structure upon which such sign is situate within 10 days after receipt of written notification from the Zoning Enforcement Officer. Upon the failure by such person to comply with such written notice within the specified time period, the Zoning Enforcement Officer is hereby authorized to cause the removal of such sign, and any expenses incident thereto shall be paid by the owner of the building or structure to which such sign is attached or of the land on which such sign is located.
§ 105-35 (Reserved) [1]
[1]
Editor's Note: Former § 105-35, Commercial excavation, was repealed 12-20-2016 by L.L. No. 3-2017.
§ 105-36 Mobile homes.
All mobile homes in the Town of Urbana shall conform to the following, in addition to all other regulations of the Town:
A.
Code requirements. All mobile home units installed shall meet the requirements of the New York State Uniform Fire Prevention and Building Code.
B.
Permissible locations.
(1)
No mobile home shall be located within 300 feet of New York State Route 54 or New York State Route 54-A nor within the following districts:
(a)
Highway Business (B Districts).
(b)
Industrial (I Districts).
(c)
Residential (R Districts).
(2)
Any existing mobile homes in the districts listed in Subsection B(1) may be replaced by another of equal or greater value than the existing unit, must be 14 wide or wider and shall have a ridged roof with a minimum pitch of three feet by 12 feet.
(3)
Mobile homes are allowed in agricultural districts and may, under the following provisions, be placed or replaced. This provision shall not apply to mobile home parks existing as of June 1, 1988.
(a)
The new unit must be 14 feet wide or wider and of equal or greater value than the existing unit.
(b)
The roof on the new unit must be a ridged roof with a minimum pitch of three feet by 12 feet.
(4)
Mobile homes can be temporarily put on a qualified building lot with a special six-month permit during construction of a permissible building or home.
(a)
Notwithstanding anything herein to the contrary, at the end of the six-month permit, the foundation and first floor deck of the building must be complete. If it is not, such permit shall become void.
(b)
A new six-month permit may be issued to complete the building.
§ 105-37 Cemeteries.
In any district where permitted, no burial or memorial plots or buildings shall be located less than 50 feet from a highway right-of-way nor less than 50 feet from any residential lot line, except that when there is maintained a dense evergreen hedge or a wall or landscaped strip, at least six feet in height, affording complete visual screening from all adjacent residential property, burial or memorial buildings of less than six feet in height may be located no closer than 20 feet from any residential lot line.
§ 105-38 Sewage and waste disposal.
No person shall undertake to construct any building in the Town of Urbana without first meeting the requirements for a system or facilities for the separate disposal of waterborne sewage and domestic or trade wastes in accordance with applicable regulations of the Town, the New York State Department of Health or other governmental authorities.
§ 105-39 Floodplain District.
A.
The areas of the municipality which are subject to periodic inundation, as delineated on the Zoning Map, are designated as Floodplain Districts for the purposes of protecting human life, preventing material losses and reducing the cost to the public of rescue and relief efforts occasioned by the unwise occupancy of areas subject to floods. The boundaries of the Floodplain District are defined as the boundaries of the areas of the one-hundred-year flood designated by the Federal Insurance Administration (FIA) on the Flood Insurance Rate Map (FIRM) of the Town of Urbana, effective January 19, 1978, and later revisions thereof.
B.
Special requirements for development within the Floodplain District are set forth in Chapter 59, Flood Damage Prevention, of the Code of the Town of Urbana, which requirements are in addition to those set forth herein.
§ 105-40 Lakeshore rights-of-way.
No person shall grant, permit, convey or lease a right-of-way to the shore of Keuka Lake (except for the purpose of providing for the drawing of water) of less than 50 feet of lake frontage for each dwelling unit served. Such right-of-way or access may be aggregated with others, but in no event shall there be less than 50 feet of lake frontage for each dwelling unit so served.
§ 105-41 Junkyards.
Auto junkyards and junkyards are permitted as defined in § 136 of the General Municipal Law.
§ 105-42 Solar access.
To the extent practicable, and in accordance with Chapter 742 of the Laws of 1979,[1] the accommodation of solar energy systems and equipment and the protection of access to sunlight for such equipment shall be encouraged in the application of the various review and approval provisions of this chapter. All new buildings and structures shall be designed and located so as to preserve the solar access of adjoining properties.
[1]
Editor's Note: See § 263 of the Town Law.
§ 105-43 Satellite antennas.
A.
Satellite antenna size.
(1)
In all zones, satellite antennas shall not exceed 12 feet in diameter.
(2)
In residential and business zones, the total height of ground-mounted antennas shall not exceed 15 feet above the ground.
(3)
In all districts, roof-mounted installations shall not exceed the height restrictions as set for the zoning district within which the installation is placed.
B.
Satellite antenna location.
(1)
In a residential or commercial zone, subject to the provisions contained herein, such antenna shall be located only in the rear yard of any lot, provided that such antenna is located at least 20 feet from any principal building and lot line. If a usable satellite signal cannot be obtained from such rear yard, the antenna may be located in the side yard of the property, subject to the approval of a special use permit. For purposes of this provision, a "usable satellite signal" is a satellite signal which, when viewed on a conventional television set, is at least equal in picture quality to that received from local commercial television stations or by way of cable television.
(2)
In the event that a usable satellite signal cannot be obtained by locating the antenna in the rear or side yard of the property, such antenna may be placed on the roof of the dwelling structure, provided that a special use permit is obtained prior to such installation. Such permit shall be issued upon a showing by the applicant that a usable satellite signal is not obtainable from any other location on the property, and provided further that the construction and erection otherwise is in compliance with the applicable Building Code[1] and Electrical Code.
[1]
Editor's Note: See Ch. 57, Prevention and Building Construction.
C.
General provisions.
(1)
Satellite television antennas shall be located and designed to reduce visual impacts from surrounding properties at street level and from public streets.
(2)
Not more than one satellite television antenna shall be allowed in any residential zone on any lot less than 1/2 acre in size.
(3)
All antennas and the construction and installation thereof shall conform to applicable Building and Electrical Code regulations and requirements.
(4)
Antennas shall meet all manufacturers' specifications, be of noncombustible and corrosive-resistant material and be erected in a secure, wind-resistant manner.
(5)
Every antenna must be adequately grounded for protection against a direct strike by lightning.
§ 105-44 Nonconforming uses.
A.
Continuation. Any lawful building, structure or use of premises existing at the time of enactment of this chapter or any subsequent amendment thereto applying to such building, structure or use of the premises may be continued although such building, structure or use of the premises does not conform to the provisions thereof, except as follows:
(1)
Any sign which becomes nonconforming upon the date of enactment or amendment of this chapter shall be removed or shall conform thereto within one year after such date.
(2)
Any undeveloped lot in a subdivision that was not properly approved by the Planning Board and/or not filed in the office of the Steuben County Clerk and whose area and/or depth are less than the specified minimum lot requirements and average density requirements of this chapter shall be deemed in violation of this chapter.
(3)
Any undeveloped lot in a subdivision that was not properly approved by the Planning Board and/or not filed in the office of the Steuben County Clerk and whose area and/or depth are less than the specified minimum lot requirements and average density requirements of this chapter shall be deemed in violation of this chapter.
B.
Discontinuance. Any building or land use for or occupied by a nonconforming use which is changed to or replaced by a conforming use shall not thereafter be used for or occupied by a nonconforming use.
C.
Necessary maintenance and repairs. A building or structure of nonconforming use may be repaired or restored to a safe condition.
D.
Change to other nonconforming use. A nonconforming use of a building, structure or land may be changed to another nonconforming use more nearly conforming to the requirements of the district in which it is situated.
E.
Prior construction. The construction of any building or structure which has legally been commenced prior to the effective date of this chapter or any subsequent amendment applicable thereto may be completed and used in accordance with its plans and specifications.
F.
Existing undersized lots.
(1)
Any lot held in single and separate ownership prior to the adoption of this chapter and whose area and/or width and/or depth are less than the specified minimum lot requirements of this chapter for the district may be considered as complying with such minimum lot requirements, and no variance shall be required, provided that:
(a)
Such lot does not adjoin any other lot or lots held by the same owner whose aggregate area is equal to or greater than the minimum lot area required for that district;
(b)
Such lot has an area of at least 5,000 square feet and a minimum width of at least 50 feet at the required setback line if it is to be used for residential purposes;
(c)
The following minimum yard dimensions are maintained for residences:
[1]
Side yards of eight feet;
[2]
Front and rear yards of 25 feet; and
(d)
There is compliance with all other bulk requirements for that district.
(2)
In any district where residences are permitted, such undersized nonconforming lots may be used for not more than one single-family dwelling.
(3)
A lot of nonconforming size may be subdivided if each and every subdivision of such lot is purchased by the owner or owners of the adjoining properties to increase the size of said owner's or owners' property or properties.
G.
Exemption of certain lots.
(1)
In accordance with Town Law § 265-a, any lot proposed for residential use in a subdivision whose plat delineates one or more new streets(s), roads or highways and for which said subdivision plat has been properly approved by the Planning Board and filed in the office of the Steuben County Clerk prior to the passage of this chapter and whose area and/or width and/or depth are less than the specified minimum lot requirements of this chapter for that district shall be considered as complying with such minimum lot requirements for two years after the filing of such subdivision plat.
(2)
If at the time of the filing of a subdivision plat, as referred to above, the Town Planning Board has not been authorized to approve subdivision plats, then the exemption for a residential lot in such case shall apply for a period of one year after the filing of said subdivision plat in the office of the Steuben County Clerk.