Wilna Town City Zoning Code
ARTICLE VI
Supplemental Regulations
§ 250-27 General application.
A.
The standards and requirements as established by the following supplemental regulations shall apply to all permitted and accessory uses, specified by Article V, District Regulations, unless otherwise specified in the chapter.
B.
These regulations shall also be applicable to site plan review uses, specified by Article V, District Regulations, where general or specific site plan criteria are not applicable.
§ 250-28 Signs.
A.
General standard.
(1)
All signs shall be erected and constructed in a fashion so as not to obstruct traffic, cause visual blight, nor detract from the value of property adjacent to that property upon which said sign is erected and shall be limited in wording and graphics to the name of the establishment and its principal service or purpose.
(2)
No signs shall be placed, painted or drawn upon trees, rocks, or other natural features or on utility poles, bridges, culverts, towers or similar structures.
(3)
All signs, together with their surfaces shall be kept in good repair. The display surfaces shall be kept neatly painted at all times.
B.
A permit shall not be required for the following sign types in the Town of Wilna:
(1)
Announcing signs. One sign per street frontage of a building which is under construction or structural alteration or repair announcing the character of the building enterprise or, the purpose for which the building is intended, one sign per other construction project, including names of architects, engineers, contractors, developers, financiers, and others, provided the area of such sign shall not exceed 12 square feet. Such sign shall not remain for longer than one month following completion of the project, and all such signs be set back at least 15 feet from any designated street line.
(2)
Real estate signs. One sign per street frontage not exceeding 12 square feet advertising the sale, rental, or lease of the premises on which displayed. All such signs shall be removed within five days after the sale or lease or the property has been consummated and all such signs must be set back at least 15 feet from any designated street line.
(3)
Subdivision signs. One sign per street entrance to the subdivision and located on the property to be subdivided, provided such sign shall not exceed 32 square feet in area. Such sign may not be erected until the subdivision has been approved by the appropriate officials and may be displayed for a period of one year from the date of erection. Erection date will be determined to be the same as the subdivision approval of the Planning Board for a reasonable period of time, not to exceed one year at any given time.
(4)
Sale ad signs. Signs advertising special sales of goods or merchandise which will be on sale for not longer than one month. Such signs shall not take up more than 30% of the total window area of any building frontage and shall be removed immediately following termination of the sale.
(5)
Public signs. Signs of a public or noncommercial nature, which shall include community service information signs, public transit service signs, public utility information signs, safety signs, and all signs erected by a public officer in the performance of a public duty.
(6)
Plaques. Commemorative plaques placed by historical agencies recognized by the Town, the County of Jefferson or the State of New York.
(7)
Signs not exceeding one square foot in area and bearing only property numbers, post box numbers, or names of occupants of premises.
(8)
Signs erected or placed to advertise temporary events such as garage sales, lawn sales, special events, etc. Signs shall be removed by the sponsor of the event upon its termination.
C.
Freestanding signs, those not attached to or a part of another structure, shall not exceed the following:
District | Height (feet) | Area (square feet) |
|---|---|---|
AR | 10 | 12 |
R-1, R-2 | 10 | 12 |
B-1, B-2, I | 20 | 32 |
D.
Signs which are part of another structure's surface or attached flush to the structure's surface, shall not exceed the height of the structure or project beyond the structure's roof line, and shall not exceed the following:
District | Area (square feet) |
|---|---|
AR, R-1, R-2 | 24 |
B-1, B-2, I | 32 |
E.
In B-1, B-2 and I Districts, signs may be constructed which are attached to another structure and project out from that structure providing that it shall not extend away from the structure more than eight feet, shall have a maximum area of 20 square feet and its lower-most portion shall be a minimum of 10 feet above the ground elevation.
F.
Mechanically moving and/or flashing signs are not permitted unless required for public safety purposes by a unit of government.
G.
Signs may be placed in required yards but shall not be located closer than 10 feet to any street or lot line.
H.
Any business, enterprise, institution or other advertising entity that ceases operations shall remove their signs within 90 days of such cessation.
I.
Any nonconforming sign existing at the time of the adoption of this chapter, or an amendment thereto, shall only be replaced by a sign conforming to the regulations for this district.
§ 250-29 Fuel storage.
Gasoline/fuel pumps for automobile service stations and motor vehicle repair and service stations shall not be located closer than 40 feet to any street line or 30 feet to any side or rear lot line. Underground fuel storage tanks shall be placed at least 50 feet from any lot or street line. All fuel storage/distribution systems shall comply with NYS DEC bulk petroleum storage regulations.
§ 250-30 Satellite dish antennae.
Satellite dish antennae are permitted accessory uses in all districts and may not be located within any front yard or project beyond the front building line of a structure.
§ 250-31 Swimming pools.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
Private swimming pools shall be enclosed and maintained in accordance with the International Spa and Swimming Pool Code adopted as part of the Uniform Fire Prevention and Building Code.
§ 250-32 Fences, walls and hedges.
Fences, walls and hedges which are not regulated in other sections of this chapter are subject to the following regulation, with the exception offences and/or walls erected as part of an agricultural operation.
A.
Fences, walls and hedges located in side or rear yards shall not be more than six feet in height or less than three feet and shall be placed at least 18 inches from all lot lines.
B.
Fences, walls and hedges located in front yards shall not be less than three feet or more than 42 inches in height and shall be no closer than one foot to any sidewalk or street line.
C.
Decorative, portable fences used for landscaping and/or gardening purposes may be less than three feet in height but shall be located at least six inches from any lot line, street line or sidewalk.
§ 250-33 Outdoor storage.
A.
Any manufacturing, fabricating or servicing related to a use must take place within buildings designed to accommodate the use.
B.
Materials used in the manufacturing, fabricating or servicing operations may be stored outside the building accommodating the use, provided they be arranged in a neat and orderly fashion, and shall be enclosed by a fence.
§ 250-34 Sewage disposal systems.
All on-site sewage disposal systems shall meet the requirements of New York State Public Health Law, Appendix 75-A.[1]
[1]
Editor's Note: See NYCRR 10 Ch. II, Subch. I, Pt. 75, App. 75-A.
§ 250-35 Parking requirements.
[Amended 10-9-2006 by L.L. No. 2-2006; 2-14-2011 by L.L. No. 1-2011]
A.
Design requirements.
(1)
Unless no other practicable alternative is available, parking areas shall be designed so that, without resorting to extraordinary movements, vehicles may exit such areas without backing onto a public street. This requirement does not apply to parking areas consisting of driveways that serve one- or two-dwelling units, although backing onto arterial streets is discouraged.
(2)
Parking areas of all developments shall be designed so that sanitation, emergency, and other public service vehicles can serve such developments without the necessity of backing unreasonable distances or making other dangerous or hazardous turning movements.
(3)
Every parking area shall be designed so that vehicles cannot extend beyond the perimeter of such area onto adjacent properties or public rights-of-way. Such areas shall also be designed so that vehicles do not extend over sidewalks or tend to bump against or damage any wall, vegetation, or other obstruction.
(4)
Circulation areas shall be designed so that vehicles can proceed safely without posing a danger to pedestrians or other vehicles and without interfering with parking areas.
(5)
Parking areas shall be graded and surfaced with material that will provide adequate protection against potholes, erosion, and dust and in a manner that will not conflict with the proposed means of snow removal.
(6)
The parking area shall be adequately defined for the proposed use by landscaping, curbing (or other similar devices), parking space lines, signs and other traffic control devices.
(7)
Parking areas shall be properly maintained in all respects.
B.
Parking areas from adjoining properties may be designed for common access, joint use and maintenance if there is written agreement between the property owners and the Planning Board determines that it would be beneficial to both uses and that there would be no deleterious effect on the overall traffic circulation patterns.
C.
Parking lots (four or more parking spaces) shall be at least 10 feet from all lot and street lines. There shall be an exit and entrance to accommodate travel concurrently. Parking lots shall be constructed of all- weather materials (gravel, paved).
Uses | Required Parking Spaces |
|---|---|
Churches or synagogues | 1 for each 3.5 seats |
Community facilities | 1 for each 200 square feet of gross floor area, plus 1 for each employees |
Motels, hotels, resorts, boarding/rooming houses, tourist homes | 1 for each sleeping room or dwelling unit |
Manufacturing operations | 1 for each employee in the maximum working shift |
Restaurants, bars, night clubs | 1 for each 100 square feet of gross floor area |
Stores, store groups, shops, commercial enterprises, business uses | 1 space for each 200 square feet of floor space, plus 1 for each employee |
Warehouses | 1 for each employee in the maximum working shift |
Offices, general | 1 for each 200 square feet of gross floor area |
Doctor or dentist office | 5 for each doctor |
Home occupation | Minimum of 3 spaces |
Dwelling and manufactured homes | 2 for each dwelling unit; may be of driveway |
§ 250-36 Off-street loading requirements.
A.
In all districts, in connection with every building or building group or part thereof and having a gross floor area of 4,000 square feet or more, which is to be occupied by manufacturing or commercial uses or other uses similarly requiring the receipt or distribution by vehicle of material or merchandise, there shall be provided and maintained, on the same lot with such building, off-street loading berths or unloading berths as follows:
Building Area (square feet) | No. of Berths |
|---|---|
4,000 to 25,000 | 1 |
25,001 to 40,000 | 2 |
40,001 to 60,000 | 3 |
For each additional 50,000 | 1 |
B.
The loading berth required in each instance shall not be less than 12 feet in width, 25 feet in length, and 14 feet in height, and may occupy all or any part of any required yard. Such space may also be a part of a required parking area.
§ 250-37 Main transportation arterials.
For all uses, in all districts, if a proposed use is to be located on a lot abutting a road or portion of a road designated as a main transportation arterial, as shown on the Town of Wilna Zoning Map, the following minimum lot dimensions shall be required:
A.
Minimum lot width: 250 feet.
B.
Minimum front yard: 80 feet.
§ 250-38 Manufactured homes.
[Amended 10-9-2006 by L.L. No. 2-2006]
All manufactured homes shall meet the following requirements:
A.
No manufactured home shall be allowed unless it bears a date plate and a manufacturer's label, affixed in the manufacturing facility, which certifies that it is in compliance with the Federal Department of Housing and Urban Development mobile home construction and safety standards in force at the time of manufacture.
B.
No manufactured home shall be allowed if 20 years or more have elapsed since the time of manufacture.
C.
Stand specifications.
(1)
Each manufactured home shall be provided with a stand which will give a firm base and adequate support for the manufactured home, having dimensions which approximately correspond to the dimensions of the manufactured home and shall be either:
(a)
A full concrete slab at least four inches thick; or
(b)
Six inches of compacted gravel with a reinforced concrete runner on each side of the stand to provide support. Such runner shall be a minimum of four feet wide, 65 feet long, and six inches thick.
(c)
Constructed to the manufacturer's specifications if they are more stringent.
(2)
The stand area shall be graded to ensure adequate drainage but in no event shall the grade variance exceed six inches from one end or side of the stand to the other.
D.
Well-anchored tie-downs to the manufacturer's specifications at least on each corner of the stand.
E.
All manufactured homes shall be provided with a skirt of permanent material, similar to that used in the manufactured home, to provide a finished exterior appearance and to screen the space between the manufactured home and the ground.
§ 250-39 Roads and road access.
A.
All roadways that are constructed by private individuals or enterprise, and which serve or are intended to serve the public as a public thoroughfare, shall meet Town highway and road standards as set forth by the Wilna Town Board.
B.
All driveways and roadways intersecting or gaining access to Town roads shall meet Town specifications for sight distance, slope, width, etc., and shall gain approval of the Town Highway Superintendent.
§ 250-40 Storage units.
[Added 2-14-2005 by L.L. No. 1-2005]
A.
There shall be no more than one storage unit permitted as a matter of right per lot. Any permit application requiring more than one storage unit on a lot shall require site plan review and approval.
B.
Storage units may not be placed in any front yard and must be appropriately screened to a height of six feet by either an evergreen hedge, earthen berm, or fence made of opaque materials in a way to block view.
C.
Each unit must be maintained in a neat and orderly fashion with the screening intact and well maintained.
§ 250-41 Outdoor furnaces.
[Added 2-14-2005 by L.L. No. 1-2005]
A.
With respect to any outdoor furnaces installed, such outdoor furnaces must be set back a minimum of 50 feet from any property line.
B.
The use of such furnaces must follow all operating instructions supplied by the manufacturer.
C.
The only structures allowed shall be those listed fuels recommended by the manufacturer. The following are prohibited: trash, plastics, gasoline, rubber, naphtha, household garbage, material treated with petroleum products (particle board, railroad ties and pressure-treated wood), leaves, paper products, and cardboard.
D.
Users must follow the manufacturer's written instructions for recommended loading times and amounts.
E.
Lighter fluids, gasoline, or chemicals to start the furnace are prohibited.
F.
The unit must be located with due consideration to the prevailing wind direction.
(1)
If located 50 feet or less to any residence not served by the furnace, it is recommended that the stack be at least two feet higher than the eave line of that residence.
(2)
If located more than 50 but no more than 100 feet to any residence, it is recommended that the stack be at least 75% of the height of the eave line of that residence, plus an additional two feet.
(3)
If located more than 100 feet but no more than 150 feet to any residence, it is recommended that the stack be at least 50% of the eave line of that residence, plus an additional two feet.
(4)
If located more than 150 feet but no more than 200 feet to any residence, it is recommended that the stack be at least 25% of the height of the eave line of that residence, pus an additional two feet.
§ 250-42 Registered and nonregistered motor vehicle use.
[Added 12-10-2012 by L.L. No. 5-2012]
The landowner may operate up to five nonhighway motor vehicles on his property if he owns 10 acres or less. If he owns more than 10 acres, he may operate up to 10 such vehicles. Nothing in this section shall prevent anyone from using recognized snowmobile and ATV trails which have been recognized and are on an official Jefferson County Snowmobile or ATV Map as open to public use.
§ 250-43 Flag lots.
[Added 5-11-2009 by L.L. No. 1-2009]
Flag lots may only be created by the Planning Board under site plan review whenever the land involved is of a particular shape or size, is subject to unreasonable property or parcel limitations, is affected by unusual topographical location or extraordinary topographical conditions, or is devoted to such use that is impossible, impractical or undesirable for the owner or developer to fully conform to the requirements for conventional lots. Where the development of lots off of a flag pole involves more than one lot, the following minimum requirements shall be met:
A.
The flag pole portion of the lot must have a minimum of 50 feet of frontage on an existing state, county or Town road and a 50-foot right-of-way retained by the developer.
B.
The access from the state, county or Town road to the interior of the flag lot must be improved to a width of 50 feet with approved ingress and egress.
C.
The front yard of such lot shall be that part of the lot which would face the projected right-of-way in from the state, county or Town road as extended.
D.
The developable area of the flag lot shall be of sufficient size to support a proper septic and water system.
E.
All utilities to flag lots shall be installed underground.
F.
The dimensions for flag lots and setbacks for flag lots shall be the same as in the AR District as measured from projected right-of-way.
G.
The development of flag lots shall not create a nonconforming lot.
H.
A turnaround for emergency vehicles shall be provided if the flag pole serves more than one lot.
I.
Road construction shall meet the specifications of the Town of Wilna as to substrata and drainage and must be approved by the Town of Wilna Highway Superintendent.
J.
No more than four lots may have access off of a flag pole.