Whitesboro City Zoning Code
ARTICLE V
Supplementary Regulations
§ 295-23 Lot area and width, yards, coverage and height regulations.
Regulations governing lot area and lot width; front, side and rear yards; building coverage and building height are specified in Schedule A and in the additional regulations of Article V and are supplemented by the regulations of other sections of this chapter. Schedule A accompanies and, with all explanatory matter thereon, is hereby made a part of this chapter.[1]
[1]
Editors' Note: Schedule A is included as an attachment to this chapter.
§ 295-24 Additional area regulations.
A.
Existing lot of record. A permitted use may be constructed on any lot of record filed in the County Clerk's office in any district even if said lot has less than the minimum area required for lots in the district in which it is located, subject to the following conditions:
(1)
Adjoining vacant land. The owner of said lot owns no adjoining vacant land which would create a conforming lot if combined with the lot which is deficient in area.
(2)
Side yards. Any structure erected on a nonconforming lot shall have a minimum side yard of three feet, or a minimum side yard of 10 feet adjacent to a side street lot line.
(3)
Front and rear yards. Any structure erected on a nonconforming lot shall have front and rear yards conforming to the minimum required for the district in which said lot is located, except as said lot may meet the conditions set forth in this section.
B.
Lot width. The minimum width of any lot shall be measured along a line parallel to the front lot line at a distance from the front lot line equal to the front yard specified for the district.
E.
Corner lot. On a corner lot in any district where a front yard is required, a yard shall be provided on each street equal in depth to the required front yard on each such street. One rear yard shall be provided on each corner lot, and the owner shall designate the rear yard on his application for a permit.
F.
Through lots. Where a single lot under individual ownership extends from one street to another parallel or nearly parallel street or alley, the wider street shall be deemed the street upon which the property fronts, and no principal structures and no dwelling shall be erected on the rear of such a lot except where such lot may be subdivided to create not less than two conforming lots. Where a single lot extends between two streets of equal width, either of the two streets may be deemed as that upon which the property fronts. The building height shall be measured from the grade of the street on which the building fronts.
G.
Visibility at street corners. On a corner lot in any district where a front yard is required, no fence, wall or other structure more than 2 1/2 feet above the finished grade at the street center line or from the natural ground level at the point of placement on the lot, whichever permits the greater height, shall be erected, placed or maintained so as to obstruct visibility of vehicular traffic within the triangular area formed by the intersecting street right-of-way lines and a straight line joining said lines at points 30 feet distant from the point of intersection, measured along said lines.
H.
Front yard exception. When a vacant lot is situated between two improved lots, each having a principal building within 25 feet of any side lot line of such unimproved lot, the front yard of the vacant lot may be reduced to a depth equal to the greater of the depths of the front yards of the two adjoining improved lots, but not less than 10 feet.
I.
Transition yard requirements.
(1)
Where a residential district abuts a nonresidential district at a street line, there shall be provided in the nonresidential district for a distance of 50 feet from the district boundary lines a front yard at least equal in depth to that required in the residential district.
(2)
Where the side or rear yard in a residential district abuts a side or rear yard in a nonresidential district, there shall be provided along such abutting line or lines in the nonresidential district a side or rear yard at least equal in depth to that required in the residential district. In no case, however, shall the abutting side yard be less than 10 feet and the abutting rear yard less than 20 feet.
(3)
See also requirements in § 295-35A(11) related to landscaping and buffering in the MS district.
J.
Projection into required yards.
(1)
The space in any required yard shall be open and unobstructed except for an accessory building in a side or rear yard and except for the ordinary projections of window sills, belt courses, cornices, eaves and other architectural features; provided, however, that such features shall not project more than two feet into any required yard.
(2)
A paved terrace shall not be considered as part of a building in the determination of yard sizes or lot coverage, provided that such terrace is unroofed and without walls, parapets or other form of enclosure exceeding four feet in height.
(3)
In determining the percentage of building coverage or the size of yard for the purpose of this chapter, roofed or enclosed porches shall be considered a part of the building.
(4)
An open fire escape may extend into any required yard not more than six feet, provided that such fire escape shall not be closer than four feet at any point to any lot line.
(5)
Unenclosed entrance steps or stairways providing access to the first story of a building may extend into any required yard a distance not to exceed six feet.
K.
Walls, fences and hedges. The yard requirements of this chapter shall not prohibit any retaining wall or any fence, wall or hedge, provided that in any residential district any such fence shall meet the following conditions:
(1)
A building permit shall be required for all fences and walls. Fences and walls shall be constructed of durable materials, maintained in good condition, and not be allowed to become dilapidated.
[Amended 11-8-2021 by L.L. No. 2-2021]
(2)
No barbed wire, electric, or wire fences with sharp points shall be permitted in any zoning district.
(3)
No fence or wall shall exceed six feet in height in any zoning district and shall not extend past the principal building's furthest portion adjacent to the street.
[Amended 11-8-2021 by L.L. No. 2-2021]
(4)
No fences, walls or hedges shall be constructed or allowed to grow so as to create a situation in which motorists backing out of driveways would have to back into traffic or nearly into traffic in order to see if there is any oncoming traffic.
(5)
No changes, alterations, or additions to any nonconforming fence or wall shall be permitted in any zoning district unless the change complies with all the requirements of this section.
(6)
Wood-type stockade and chain link fences shall have the finished side towards the neighbor's side. (Post on the installers side.)
L.
Side yards.
(1)
Side yard width may be varied. Where the side wall of a building is not parallel to the side lot line or is broken or otherwise irregular, the side yard may be varied. In such case, the average width of the side yard shall not be less than the otherwise required minimum width; provided, however, that such side yard shall not be narrower at any one point that 1/2 the otherwise required minimum width.
(2)
Width of one side yard may be reduced. When authorized as a variance by the Board of Appeals, the width of one side yard may be reduced to a width of not less than five feet, provided that the sum of the widths of the two side yards is not less than the required minimum for both side yards, and further provided that the distance between the proposed structure and any structure, existing or proposed, on an adjacent lot is not less than the required minimum sum of the widths of the two side yards. Such reduction may be authorized only when the Board of Appeals finds it to be warranted by the location of existing buildings or conducive to the desirable development of two or more lots.
§ 295-25 Additional height requirements.
A.
General application. No building or structure shall have a greater number of stories nor have an aggregate height of a greater number of feet than is permitted in the district in which such building or structure is located, except as noted elsewhere in this chapter.
B.
Chimneys, spires, etc. The height limitations of this chapter shall not apply to belfries, church spires, cupolas, penthouses and domes which are not used for human occupancy; nor to chimneys, ventilators, skylights, water tanks and necessary mechanical appurtenances usually carried above the roof level; nor to flagpoles, monuments, transmission towers and cables, radio and television antennas or towers and similar structures. Such features, however, shall be erected only to such height as is necessary to accomplish the purpose for which they are intended. No advertising device of any kind whatsoever shall be inscribed upon or attached to that part of any chimney, tower, tank or other structure which extends above the height limitations.
C.
Permitted exceptions to height regulations. Schools, public buildings and institutions may be erected to a height not exceeding 85 feet in any district in which they are permitted, provided that front, side and rear yards are increased in width one foot for each foot of height that the building exceeds the height regulations of the district in which it is located.
§ 295-26 Accessory buildings/swimming pools.
A.
Permit. All accessory buildings or uses shall require a permit to be issued prior to the initiation of their construction.
(1)
Construction of accessory buildings shall be in compliance with the New York State Building Codes and their uses shall be in compliance with this chapter.
B.
Number.
(1)
On any lot intended or used for residential purposes, one accessory building, in addition to a detached private garage, such as a home workshop, storage shed or like structure for personal use related and subsidiary to the principal dwelling, shall be permitted.
(2)
On any lot permitting other than a residential use, two accessory buildings not to exceed a total of 50% of the ground floor area of the principal building may be permitted.
C.
Height. No accessory building shall exceed a height of one story or 15 feet.
D.
Location.
(1)
Buildings accessory to a residential use which are not attached to the principal building shall be located a minimum of:
(2)
Buildings accessory to any use which is attached to the principal building shall comply in all respects with the applicable yard requirements for the principal building.
(3)
Buildings accessory to a nonresidential use which are not attached shall comply with front and side yard requirements for the principal building to which they are accessory and shall not be closer than 10 feet to any other accessory building or the rear lot line.
E.
Swimming pools.
(1)
A private, outdoor swimming pool shall be permitted as an accessory use to a dwelling unit only in accordance with the following regulations:
(a)
Such pool may be created or constructed only in the side or rear yard of the lot and shall conform with the minimum side yard requirements for the district in which it is located and shall not be less that 15 feet distant from any principal building and 10 feet from any accessory building. Rear yard and side yard setback shall be a minimum of five feet.
(b)
Any inground pool shall be enclosed by a fence with a minimum height of four feet in order to assure that it will be used only by those persons having approved entrance to the pool. Any aboveground pool shall have a ladder with a locking device to secure the ladder in an upright position. Any aboveground pool with permanent steps shall have a gate with a self-locking device at the top of the steps. Pools less than four feet above ground shall be fenced the same way an inground pool is fenced.
(c)
Such pool shall be adequately screened or otherwise situated so as not to be obtrusive from the public right-of-way or to present a nuisance to any adjoining area.
(d)
Such pool shall not adversely affect the character of any residential neighborhood, and all lighting or other appurtenances shall be arranged so not to interfere with neighboring uses.
(2)
In addition, a swimming pool to be constructed or installed as an accessory to a motel, tourist or like accommodation or as part of any commercial or club facility shall be permitted after application to, an issuance of a permit therefor, by the Codes Enforcement Officer. Such swimming pools shall be so located as not to cause a hazard and shall be designed and located in accord with acceptable engineering standards and any applicable county and state requirements.
§ 295-27 Satellite antennas.
A satellite antenna whose width exceeds 24 inches, including any structural supports, is permitted as a conditional use, pursuant to the issuance of a special permit, provided that the following requirements are complied with:
A.
A satellite antenna is only permitted as an accessory use on a lot that contains a principal structure.
B.
The dish antenna shall be located in rear yards only and shall be an accessory structure requiring compliance with all minimum yard requirements of this chapter. When a back yard is not accessible or does not meet building specifications and a side yard meets this chapter, a dish antenna may be located there. If said side yard borders on a street, a screen of foliage shall be provided so as to shield said satellite antenna from the street and adjoining properties during the entire year.
C.
A satellite antenna is only permitted as a freestanding structure.
D.
Every satellite antenna shall be located and effectively screened by landscaping or fencing, as approved by the Codes Enforcement Officer, in order to minimize motor noise and visibility from the street and adjacent properties.
E.
A satellite antenna shall not be closer to the rear property line than the height of said antenna nor closer to any side property line than the height of said antenna or the side yard setback requirements for the principal structure on the lot, whichever results in the greatest setback.
F.
Any permitted satellite antenna shall not have a surface-receiving area greater than 25 square feet.
G.
No lot may contain more than one satellite as heretofore regulated.
H.
The dish antenna shall not be connected to or placed upon any roof and shall not at any point or part of the antenna be elevated to or reach a height of more than 15 feet above the natural grade of the subject premises. In no event shall the natural grade be changed by any means in order to increase the elevation of the dish antenna.
I.
The dish antenna shall not be located on any trailer or any portable device.
§ 295-28 Access to improved streets.
In any district, a lot to be used for residential dwelling purposes shall have direct frontage on a public or private street.
§ 295-29 Home occupations.
As defined in § 295-4, home occupations shall comply with the following:
A.
There shall be no change in the outside appearance of the building or premises or other visible evidence of the conduct of a home occupation other than one sign not exceeding two square feet in area, nonilluminated and mounted flat against the wall of the principal building.
B.
No traffic shall be generated by a home occupation in greater volumes than would normally be expected in a residential neighborhood, and any need for parking generated by the home occupation shall be provided off the street and not in a required front yard.
C.
No equipment or process shall be used in a home occupation which creates noise, vibration, glare, fumes, odors or electrical interference detectable to the normal senses off the lot; and, in the case of electrical interference, no equipment or process shall be used which creates visual or audible interference in any radio or television receivers off the premises or cause fluctuations in line voltage off the premises.
§ 295-30 Residential living area requirements.
Minimum living areas shall be as specified in the New York State Uniform Fire Prevention and Building Code, as amended.
§ 295-31 Required screening and fencing regulations.
A.
Enclosed uses. For any use required by this chapter to be screened in accordance with this section, the owner shall provide a fence, screen or landscaping sufficient to obscure such uses from view from abutting properties in residence districts or from the public right-of-way.
B.
Unenclosed uses. Any commercial or industrial use which is not conducted within a completely enclosed building, including but not limited to junkyards, storage yards and used building material yards, and which use is in, abuts or is adjacent to a residence district or fronts on a public right-of-way, shall be screened from view from such residence district and public right-of-way in an effective manner.
C.
Approval by the Zoning Board. Plans and site design for the installation of such fencing or screening as is required by this chapter shall be reviewed and approved by the Zoning Board prior to issuance of a building permit. Any fencing or screening installed in accordance with this section shall be maintained in good order to achieve the objectives of this section. Failure to maintain fencing, screening or plant material shall be considered a violation of this chapter.
§ 295-32 Signs.
Signs shall comply with the following regulations:
A.
In R-1, R-2 and R-3 Residential Districts, nonadvertising signs are permitted, but not in any required yard, as follows:
(1)
One nameplate, identification or professional sign not to exceed two square feet of sign area, showing the name and address of the resident or a permitted home occupation of the resident of the premises that is granted a permit by the Zoning Board may have a sign not to exceed two square feet. In the case of a corner lot, such sign shall be located on the principal street frontage to the dwelling unit.
(2)
One nonilluminated for sale sign or for rent sign not to exceed six square feet of sign area during and pertaining to the sale, lease or rental of the land or building. Such sign shall be removed after the premises have been sold or rented and shall not be placed on Village right-of-way or property.
(3)
One temporary artisan's sign not to exceed six square feet of sign area during and pertaining to construction, repairs or alterations on the property. Such sign shall be removed promptly upon completion of the work and shall not be placed on Village right-of-way or property.
(4)
Institutional or religious announcement signs not to exceed 15 square feet in area.
(5)
Signs advertising the sale or development of a tract of land may be erected upon the tract by the developer, builder, contractor or owner. The size of the sign shall be determined by the Zoning Board. Such signs shall be removed when the last lot is sold.
(6)
Signs advertising functions, uses, products or services not pertaining to the premises on which they are located and mobile advertising or attracting devices shall not be permitted in any R Residence District.
B.
In the C-1 and C-2 Commercial Districts, the applicable signs above are permitted, and, in addition, the following:
(1)
One principal and accessory business sign may be permitted for any separate and distinct business of record in the C-1 and C-2 Districts. Such signs shall not project into a public right-of-way. No sign shall be higher than the building to which it is attached, and no sign shall be erected higher than the roof of any building to which it is accessory. In addition, in any C-1 District, no such sign shall be located in any required yard. A shopping center identification sign, including tenants' business names only, as defined herein shall be permitted.
(2)
The gross surface area of the principal business sign in the C-1 and C-2 Districts shall not exceed three square feet per linear foot of building frontage for nonilluminated signs or two square feet per linear foot of building frontage for illuminated signs. Accessory business signs shall not exceed 50% of the area of the principal business sign.
C.
In the M-1 Manufacturing Districts, the applicable signs above are permitted, and, in addition, the following:
(1)
Business signs are permitted, provided that such signs shall not exceed 300 square feet in area, and, if illuminated, the light shall not be directed toward any public street or adjacent residential property.
(2)
Advertising signs and commercial billboards are permitted as follows:
(a)
The maximum size of any advertising sign or commercial billboard shall be 12 feet in height and 50 feet in length, and the bottom of such sign shall be at least four feet from the ground and no more than six feet above ground.
(b)
Any advertising sign or commercial billboard shall be located at least 50 feet from the edge of the pavement of the nearest street or highway. No such sign or billboard shall be erected or established within 200 feet of any street or road intersection.
D.
In any Planned Development District, the Zoning Board shall review and approve any proposed business signs. No advertising signs shall be permitted in any Planned Development District.
E.
General regulations. The following regulations shall apply to all permitted sign and billboard uses in all districts:
(1)
No business sign shall be erected, altered or reconstructed without the issuance of a sign permit by the Codes Enforcement Officer.
(2)
Signs must be constructed of durable materials, maintained in good condition and not allowed to become dilapidated.
(3)
Signs, other than official traffic signs, shall not be erected within the right-of-way lines of any street.
(4)
Signs shall not project beyond property lines nor over public sidewalk areas, except as noted.
(5)
All temporary signs erected for a special event shall be removed by the property owner when the circumstances leading to their erection no longer apply.
(6)
In all districts, nonconforming signs shall not be replaced unless they shall be made to conform to the provisions of this chapter.
(7)
No flashing sign shall be permitted in any district.
(8)
All signs to be of professional quality and design; hand-painted signs of amateur quality are not permitted.
(9)
Garage sale signs shall be removed at the close of the last day of the sale.
(10)
Signs not in use. A sign which advertises a defunct business or product so that the content of the sign is no longer appropriate to the purpose(s) for which it was intended shall be removed by the permit applicant of record of the property owner within 60 days. A sign structure not displaying advertisement for a period of 90 days shall be removed.
F.
Enforcement of sign regulations.
(1)
Signs and sign structures or posts found to be in violation. Whenever the Codes Enforcement Officer determines that a violation of this section has occurred, written notice shall be served upon the permit applicant or property owner of record by certified mail, return receipt requested, at their last known address. Such notice shall specify the alleged violation. Such notice of violation shall automatically become a final order if the violation is not corrected within 30 days.
G.
For sign regulations related to the Main Street District see § 295-35A(9).
§ 295-33 Off-street parking.
A.
Off-street parking space shall be required for all buildings constructed or substantially altered after the effective date hereof, except nonresidential uses in C-1 Retail Commercial District and Main Street District Zone 1. Each off-street space shall consist of at least 180 square feet with a minimum width of nine feet. In addition, space necessary for aisles, maneuvering and drives shall be provided to a total of 300 square feet per parking space to be provided. Required off-street parking areas shall be so arranged and regulated as not to interfere with pedestrian or motor traffic on the public street or highway, and no parking or maneuvering incidental to off-street parking shall be on any public street right-of-way or walkway. Parking requirements are specified in Schedule B below.
B.
For uses not specified, the Zoning Board shall, on appeal, under its review and discretion, establish parking requirements in specific cases consistent with those specified in Schedule B below.
C.
For any building having more than one use, the parking spaces required shall be the cumulative total of all uses.
D.
Required off-street parking in residential districts shall be located only in the side or rear yard of the lot and in the driveway. In no instance shall a motor vehicle be parked or stored within any area of the front yard except for parking in the driveway.
E.
Required off-street parking in commercial or industrial districts shall be located within 250 feet of the commercial or industrial use but not in any residence district, and, if such parking area abuts a dwelling or a residence district, the parking area shall be screened in accordance with § 295-31.
F.
Floor areas, for the purpose of computing parking requirements, shall be the sum of the horizontal areas within exterior walls of the several floors of a building, excluding basement, cellar and attic areas used primarily for storage or service.
G.
Parking or storage in residence districts of travel trailers, utility trailers or boats out of doors shall be confined to the side or rear yard and not within five feet of any property line. No travel trailer so parked or stored shall be used for dwelling purposes.
H.
Overnight parking or storage out of doors in any residence district of any vehicle licensed for commercial purposes other than a panel or pickup truck shall be prohibited.
I.
Off-street parking lots for five or more cars or trucks shall be designed with careful regard to orderly arrangement, topography, landscaping, ease of access, pedestrian walkways, ingress and egress and shall be developed as an integral part of an overall site design, and the plan shall be submitted to and approved by the Zoning Board.
J.
Schedule B.
Schedule B Off-Street parking (Except Main Street District) | ||
|---|---|---|
Use | Number of Spaces Required | |
One- or two-family dwelling | 2 for each dwelling unit | |
Multiple-family dwelling | 2 for each dwelling unit | |
Motel, hotel, rooming house | 1 for each guest room | |
Fraternity, sorority, dormitory | 1 for each resident | |
Office | 1 for each 400 square feet of floor space | |
Funeral home | 15, plus space for all employees and resident personnel | |
Church or temple | 1 for each 8 seating spaces in main assembly room | |
Schools elementary | 2 for each classroom | |
High schools | 4 for each classroom | |
College or university | 1 for each 5 students | |
Theater or other place of assembly | 1 for each 5 seating space | |
Hospital, nursing or convalescent home | 1 for each 3 beds, plus 1 for each employee | |
Retail store (no requirement in C-1) | 1 for each 300 square feet of floor space devoted to retail or customer use | |
Shopping center | 1 space per 100 square feet of net floor area. | |
Club or restaurant | 10, plus 1 for each 60 square feet of dining area for sit-down facility or of building area for carry-out restaurant | |
Bowling alley | 5 for each alley | |
Wholesale, storage, warehouse facility | 1 for each employee on maximum terminal shift; parking area shall not be less than 25% of the building floor area | |
Freight terminal | 1 for each employee on maximum shift; parking area shall not be less than 60% of the building floor area | |
Industrial or manufacturing use | 1 for each 2 employees on the maximum working shift | |
Home occupation in any residential zone | Off-street parking space for all residents, plus all reasonable anticipated customers | |
Auto wash | 1 for each bay, plus space for all employee cars and stacking space for 4 cars per bay | |
Note: On a parcel where more than one of the above uses occur, the requirements are cumulative |
§ 295-34 Off-street loading.
Off-street loading facilities shall be provided for each commercial or industrial establishment hereafter erected or substantially altered and shall be so arranged as not to interfere with pedestrian or motor traffic on the public street or highway and shall be adequately screened if adjacent to a dwelling or a residential area. Such off-street loading space shall be logically and conveniently located for bulk pickups and deliveries, scaled to delivery vehicles expected to be used and accessible to such vehicles when required off-street parking spaces are filled. Required off-street loading space is not to be included as off-street parking space in computation of required off-street parking space. Any required off-street loading berth shall have a clear area not less than 12 feet in width by 25 feet in length.
§ 295-35 Regulations specific to Main Street District (MS).
A.
Development standards.
(1)
General. Main Street in Whitesboro has a strong residential character. The area is compact and buildings are relatively close together. These guidelines are intended to encourage development that reinforces and follows that existing pattern. The intent of the following design standards is to ensure that Main Street District maintains its primary residential character and adds flexibility in nonresidential uses without destroying its essential character. It is not the intent of this chapter to discourage contemporary architectural expression but rather to preserve the integrity and authenticity of the district and to ensure the compatibility of new structures. During project development and review, attention should be given to the compatibility of adjoining developments.
(2)
Building placement.
(a)
Buildings shall be designed so that entrance doors and windows, rather than blank walls, garages, side walls or storage areas, face the street.
(b)
The front facade of the building shall be parallel to the main street.
(c)
No parking area shall be located in the front yard setback between a principal building and any public street.
(d)
Detached garages to the rear of buildings are encouraged. Attached garages should have doors set 10 feet or more behind the street face unless the doors face the side.
(e)
All main entrances shall be located on the side of the building facing the front yard of the property.
(3)
Building scale.
(a)
The scale and mass of buildings shall be compatible with that of adjacent and nearby buildings as viewed from the street.
(b)
The total footprint of any single building or group of attached buildings shall not exceed the area designated in the Area and Bulk Schedule.[1]
[1]
Editor's Note: Schedule A, Part IV, is included as an attachment to this chapter.
(c)
In order to minimize the apparent scale of buildings having greater than 80 feet in length along the road frontage, facades facing the main street should be broken by periodic setbacks, and rooflines should include offsets and changes in pitch. Other design features, such as porches or cupolas, may also be used.
(4)
Building facades.
(a)
Exterior materials of new construction shall be compatible with those traditionally used along the street in this district and may include wood or wood-simulated (clapboard, board and batten or shingles, vinyl), red common brick, natural stone, and man-made or processed masonry materials if they simulate brick or stone and have the texture and architectural features sufficiently similar to that of the natural material to be compatible. Stucco, sprayed-on textured surface finishes, corrugated metal, and concrete blocks are not permitted.
(b)
Structures are preferred to be designed reminiscent of a traditional residential structure found along Main Street. Traditional elements include but are not limited to porches, Victorian features, trim around windows, shutters, details carried around all four sides of the structure, and window fenestration that is similar to structures built prior to 1950. Addition of apartments or mixed uses in a structure previously used exclusively for single-family residential purposes shall not change the essential residential appearance.
(c)
Building facades facing the street and other residences must include windows. The windows must cover at least 15% of the area of the facade above the ground level. No blank, windowless walls are permitted.
(5)
Roof types and materials.
(7)
Accessory equipment.
(a)
All roof-, wall- or ground-mounted mechanical equipment, such as heating and air-conditioning units, exhaust fans, satellite dishes, etc., shall be confined within the principal structure or within an area enclosed by a wall, fence, berm or hedge of sufficient height and density to screen the equipment year round from view from adjacent streets, properties and parking lots.
(b)
All dumpsters or other trash containers shall be fully enclosed by a fence and screened by appropriate landscaping. No dumpster shall be located in front of a building and the preferred location is to the rear of the building.
(8)
Parking lot design.
(a)
The interior and edges of parking lots for more than five cars shall include landscaping of sufficient area to break up and/or screen any large mass of parking. When trees and shrubs are planted, they shall be at a minimum of three-inch caliper for deciduous trees, six feet high for conifers, one-inch caliper for small flowering trees, 30 inches height for large shrubs and 18 inches height for small shrubs. Existing trees located on the site shall be incorporated into the landscaping design.
(b)
Where two parking lots are adjacent to each other, a single access or an interconnection is encouraged and may be required where necessary to provide safe traffic management.
(9)
Signage.
(a)
Any sign lighting shall be via an external light source oriented to avoid glare towards adjacent roadways. External lights mounted at the top of the sign are preferred.
(b)
Signs shall be architecturally compatible with the style, composition, materials, colors and details of the building. Wood and painted metal are preferred materials for signs.
(d)
Signs in this district shall be no more than 12 square feet in size.
(11)
Sidewalks, street trees, landscaping and fences.
(a)
Where no sidewalks exist, five-foot wide sidewalks shall be provided located with a three-foot green space between the road and the sidewalk edge, where feasible, and shall transition to existing walkways.
(b)
Existing street trees should be preserved whenever possible. Dead trees that are within 20 feet of the pavement should be replaced with new trees. If no existing street trees are present, deciduous, broad-leaved trees with a minimum of three-inch caliper trunk shall be planted at a minimum of thirty-foot intervals along the road frontage. Street trees can be planted within the first 10 feet of the front yard or in the area between the street and sidewalk (should a sidewalk exist).
(c)
Landscaping and buffering. Any fully commercial or mixed use structure adjacent to a residential use shall have landscaping and buffering between itself and the adjacent residence to screen parking, lighting, dumpsters, and other features.
(d)
Where adjacent to existing residential uses, a permitted, six-foot tall fence may be required. Where a mixed use project has commercial uses adjacent to it and no fences, walls or hedges, the Zoning Board may waive this requirement during site plan review.
B.
Parking/off street loading. The regulations set forth in §§ 295-33 and 295-34 shall apply to existing structures and existing uses. The Zoning Board shall consider such regulations and establish such requirements for any new uses proposed (residential, commercial or mixed) in the permitting process.
C.
All activities carried out in this district may not cause a nuisance in terms of odor, dust, smoke, noise or light, and all activities must be carried out in an enclosed structure, unless otherwise approved by Zoning Board.
§ 295-36 Garage sales. [1]
No more than three garage sales shall be conducted from any single property per calendar year. No garage sale shall be longer than three days in duration. Garage sale signs are to be removed at the close of the last day of the sale.