Yates Town City Zoning Code
ARTICLE VI
Regulations Applicable to all Zoning Districts
§ 240-41 Signs.
A.
Purpose.
(1)
The purpose of these sign regulations is to promote and protect the public health, welfare and safety by regulating existing and proposed advertising signs and signs of all types. It is intended to protect the property values, create a more attractive economic and business climate, enhance and protect the physical appearance of the community, preserve the scenic and natural beauty and provide a more enjoyable and pleasing community. It is further intended hereby to reduce sign or advertising distractions and obstructions that may contribute to traffic accidents, reduce hazards that may be caused by signs overhanging or projecting over public rights-of-way, provide more visual open space and curb the deterioration of the community's appearance and attractiveness.
(2)
These sign regulations are also intended to promote attractive signs which clearly present the visual message in a manner that is compatible with its surroundings. The appearance, character and quality of a community are affected by the location, size, construction and graphic design of its signs. Therefore, such signs should convey their messages clearly and simply to enhance their surroundings.
B.
General regulations.
(1)
General advertising signs related to the permitted use of the premises are allowed, as well as secondary advertisement of products or services.
(2)
Off-premises signs unrelated to the use are allowed as long as permission of the property owner is obtained.
(3)
The total number of permitted signs on a single lot shall not exceed two, of which only one may be freestanding.
(4)
The total cumulative area of all signs permitted on a lot shall not exceed: the greater of 32 square feet or an amount calculated at the rate of one square foot of sign area per linear foot of building frontage, plus one square foot of sign area for every four linear feet setback of the principal building on the property, but in no such case shall the total sign area allowed exceed 64 square feet.
C.
Permit procedures. Except as otherwise provided, no person shall erect, alter, or relocate any sign without first obtaining a sign permit from the Town of Yates.
(1)
Application procedure. Applications shall be made, in writing, to the Code Enforcement Officer or the Town Clerk on forms prescribed and provided by the Town of Yates, and shall contain the following information:
(a)
Name, address and telephone number of:
[1]
Applicant.
[2]
Owner of the property.
(b)
Location of the building, structure or land upon which the sign now exists or is to be erected.
(c)
If a new sign is to be erected, elevation and plan drawings to scale should be included. In addition, a full description of the placement and appearance of the proposed sign should be included and should cover the following:
[1]
Type of sign.
[2]
Location on the premises, specifically its position in relation to adjacent buildings, structure and property line.
[3]
The method of illumination, if any, and the position of lighting or other extraneous devises.
[4]
Graphic design, including symbols, letters, materials and colors.
[5]
The visual message, text, copy or content of the sign.
[6]
Written consent, or a copy of the contract made with the owner of the property upon which the sign is to be erected, if the applicant is not the owner.
(2)
Site plan review. Upon the filing of a completed application for a sign permit and the payment of the required fee, the Planning Board shall examine the plans, specifications and other data submitted and the premises on which the sign is to be erected or now exists. If the sign is in compliance with all the guidelines and requirements of this chapter the Planning Board shall, within 45 days, direct the Code Enforcement Officer to issue a permit for the erection of the proposed sign or for an existing sign. The issuance of a permit shall not excuse the applicant from conforming to the other laws and ordinances of the Town or with the Codes of New York State. If the erection of the sign authorized under any such permit has not commenced within six months from the date of issuance, the permit shall become null and void.
D.
Exempt signs that require no permit. The following types of signs may be erected and maintained without permits or fees, provided that such signs comply with the general requirements of this section:
(1)
Historical markers, tablets and statues, memorial signs an plaques; name of buildings and dates or erection when cut into masonry surface or when constructed of bronze, stainless steel or similar material; and emblems installed by government agencies, religious or nonprofit organizations. Such signs shall not exceed six square feet.
(2)
Flags and insignia of any government, except when displayed in connection with commercial promotion.
(3)
On-premises directional signs not exceeding four square feet per face and six feet in height. Business and personal names shall be allowed, excluding advertising messages.
(4)
Nonilluminated warning, private drive, posted or no trespassing signs not exceeding two square feet per face.
(5)
Temporary nonilluminated "for sale," "for rent," real estate signs and signs of similar name, concerning the premises on which the sign is located, not exceeding 16 square feet per side. All such signs shall be removed within seven days after the sale, lease or rental of the property.
(6)
Private-owner merchandise sale signs for garage sales and auctions, not exceeding four square feet in area per side.
(7)
One temporary sign for a roadside stand selling produce grown on the premises in season, provided that such sign not exceed 24 square feet and not be set on the public right-of-way.
(8)
Temporary nonilluminated window signs and posters not exceeding 25% of the window surface.
(9)
One sign, not exceeding 16 square feet, listing the architect, engineer, contractor and/or owner on premises where construction, renovation or repair is in progress. All such signs shall be removed within 30 days following completion of the construction or repair.
(10)
Non-commercial-speech signs, also known as "free speech signs," which express an opinion or a statement unrelated to a business venture, are allowed without a permit subject to the following conditions:
(a)
The maximum number of non-commercial-speech signs per lot shall be two.
(b)
Such signs shall not exceed a total of 20 square feet in area for all signs on a single lot.
(c)
Freestanding non-commercial-speech signs shall not exceed six feet in height above grade level.
(d)
Non-commercial-speech signs shall not be illuminated, except indirectly.
(e)
Political candidacy signs shall be removed within seven days following the election.
(11)
Temporary illuminated or nonilluminated signs, posters, banners or other similar devices erected by not-for-profit community organizations to advertise suppers, banquets, benefits, fund-raising events and similar functions, and directional signs for meetings, conventions and other assemblies may be erected without a permit for a period not to exceed 40 days.
(12)
Holiday decorations, including lighting, are exempt for the provisions of this chapter and may be displayed in any district without a permit.
(13)
Integral graphics or attached price signs on fuel pumps at gas stations.
E.
Prohibited signs.
(1)
No sign shall be illuminated by or contain flashing intermittent, rotating or moving lights except to show time and temperature.
(2)
No sign shall create a traffic hazard or impair or cause confusion or unduly distract motorists or pedestrians traffic in its design, color or placement. No sign shall impair visibility for the motorist at a street corner or intersection by placement and location within 25 feet of the intersection of the street or highway lines.
(3)
No sign shall be attached to a public utility pole or traffic control structures nor reduce the effectiveness of traffic control devices and signs needed to direct the public.
(4)
No sign or sign supports shall be placed on the roof of any building.
(5)
No sign shall consist of banner, pennants, ribbons, streamers, spinners or similar fluttering or revolving devices.
F.
Existing signs. All existing signs that are legal at the time of the enactment of this chapter shall be allowed to remain as long as they are properly maintained and their use remains current. Replacement of any existing sign for any cause shall be in accordance with the more restrictive requirements of this chapter.
G.
Abandoned signs. Except as otherwise provided in this chapter, any sign which is located on property which becomes vacant and unoccupied for a period of six months or more, or any sign which pertains to a time, event or purpose which no longer applies, shall be deemed to have been abandoned. Permanent signs applicable to a business temporarily suspended because of a change of ownership or management of such business shall not be deemed abandoned unless the property remains vacant for a period of 12 months or more. An abandoned sign is prohibited and shall be removed by the owner of the sign or owner of the premises. Failure to remove an abandoned sign shall be a violation of this chapter. The reuse of an abandoned, nonconforming sign, shall be prohibited unless said sign is modified in such a way to bring it into compliance with this chapter.
H.
Maintenance of signs. Every sign shall, at all times, be in a safe and structurally sound condition and maintained by replacement of defective or worn parts, painting, repainting and cleaning. The Code Enforcement Officer shall require compliance with all standards of this chapter. If a sign does not comply with adequate safety standards, it shall be removed.
I.
Dangerous or hazardous signs. No person shall maintain or permit to be maintained on any premises owned, occupied or controlled by him any sign which is either not structurally sound or creates an electrical hazard. Any such sign shall be removed or repaired by the owner or user of the sign or the owner of the premises.
J.
Construction standards.
(1)
All internally illuminated signs shall be constructed in conformance with the Standards for Electric Signs (UL48) of Underwriters' Laboratories, Inc., or an equivalent standard, and bear the seal of Underwriters' Laboratories, Inc., or another acceptable service.
(2)
If such sign does not bear the Underwriters' Laboratories, Inc. label, the sign shall be inspected and certified by the New York Board of Fire Underwriters. All transformers, wires and similar items shall be concealed. All wiring to freestanding signs shall be underground.
(3)
All freestanding signs shall be designed and constructed to withstand a wind pressure of not less than 30 pounds per square foot of surface area.
(4)
All signs, including wall-mounted and projecting signs, shall be securely anchored, free from all hazards and employ acceptable safety materials.
K.
Specific regulations of sign types. The following are descriptions of signs varying in construction and type which shall comply with the additional conditions set forth herein:
(1)
Wall signs.
(a)
Wall signs shall not extend beyond the ends or over the top of the walls to which attached and shall not extend above the level of the second floor of the building.
(b)
Wall signs shall not extend more than nine inches from the face of the buildings to which attached except that copy-change signs may extend 15 inches therefrom.
(2)
Projecting signs.
(a)
Projecting signs shall not have more than two faces.
(b)
The exterior edge of a projecting sign shall extend not more than five feet from the building face or 1/3 the width of the sidewalk, whichever is less.
(c)
No part of a projecting sign shall extend into vehicular traffic areas, and any part extending over pedestrian areas shall have a minimum clearance of eight feet.
(d)
Projecting signs shall not extend above the level of the second floor of the buildings to which attached or in any case be higher than 12 feet.
(e)
No projecting sign shall be closer than 15 feet to the corner of a building located at a street intersection.
(3)
Freestanding signs.
(a)
No freestanding sign shall be located less than 10 feet from a side or rear lot line nor closer than 25 feet from the edge of the pavement or main traveled portion of the road or street bordering the lot. No sign shall obstruct the view or constitute a safety hazard.
(b)
If, for any reason, the property line is changed at some future date, any freestanding sign made nonconforming thereby must be relocated within 90 days to conform to the minimum setback requirements.
(c)
Except as otherwise provided herein, no freestanding sign shall be more than 32 square feet per side for a double-faced sign.
(d)
No freestanding sign shall be more than 30 feet in height above finished grade. Such height shall be measured vertically from the established average grade directly below the sign or entry level of the building or structure, whichever is lower, to the highest point of the sign, including supporting structures.
(e)
No freestanding sign stall extend over or into the public right-of-way nor shall it overhang the property lines.
(f)
Freestanding signs under which a pedestrian walkway or driveway passes shall have a ten-foot vertical clearance.
(g)
Masonry wall-type signs shall not exceed four feet in height and shall not be placed so as to impair visibility for motorists.
(4)
Awning signs.
(a)
No sign shall project from an awning.
(b)
Awning graphics may be painted or affixed flat to the surface of the front or sides and shall indicate only the name and/or address of the enterprise or premises.
L.
Design guidelines. The purpose of this section is to encourage appropriate and compatible graphic design, material, colors, illumination and placement of proposed signs.
(1)
Signs shall be informative, enhance the rural character of the community, and shall be consistent with the Western Orleans Comprehensive Plan. Signs should be designed to be compatible with the surroundings and appropriate to the architectural character of the buildings on which they are placed. Sign panels and graphics should relate with and not cover architectural features and should be in proportion to them.
(2)
Signs that are manufactured from plastic, wood, or wood simulated products, or stone, wood or stone simulated products (with the appearance of natural wood or stone) may be considered as in compliance with this chapter. Illuminated plastic signs are permitted only in the General Business, Industrial and Hamlet Districts.
(3)
Signs should be appropriate to the types of activities they represent.
(4)
Layout should be orderly and graphics should be of simple shape, such as rectangle, circle or oval.
(5)
No more than two typefaces should be used on anyone sign or group of signs indicating one message.
(6)
The number of colors used should be the minimum consistent with the design.
(7)
Illumination should be appropriate to the character of the sign and surroundings.
(8)
Groups of related signs should express uniformity and create a sense of harmonious appearance.
(9)
Brand name sponsored signs are permitted, provided that the brand name, logo, trademark (or the combination thereof) shall not exceed 25% of the square footage of the sign.
§ 240-42 Parking.
A.
Design requirements. This section is designed to reduce problems caused by inadequate or poorly designed parking facilities.
(1)
All uses shall provide adequate off-street parking for all vehicles parked during typical peak periods. Parking should be designed to eliminate the need to back out or to park on the shoulder of public roads.
(2)
Violation is constituted by an observed overload of parking on to off-site area neighboring property or road rights-of-way more than three times in any one month.
(3)
A parking space shall be not less than 10 by 20 feet, exclusive of accessways and driveways. Single-family residences need not exclude driveway area.
(4)
Off-street parking areas for nonresidential uses shall provide access lanes to parking spaces. Parking areas for 50 or more vehicles shall delineate fire lanes and include no parking markers.
(5)
Any off-street parking area with at least 20 off-street parking spaces shall designate a minimum of 5% of those spaces, up to a maximum of 10 spaces, as only for the handicapped and clearly mark them for such use. Parking spaces designated to serve handicapped individuals shall be at least 14 feet in width and 20 feet in depth or otherwise comply with the standards of the Americans with Disabilities Act (ADA.)
B.
Minimum parking standards. For all developments, the parking standards in Table 1 shall be used as a guideline. Alternatives to the minimum number of parking spaces shall be accepted by the Planning Board during site plan review if the applicant demonstrates that such standards better reflect the anticipated needs of the facility.
Table 1 - Off-Street Parking | |
|---|---|
Use | Minimum Required Off-Street Parking Spaces |
1- or 2-family dwelling | 2 per dwelling unit |
Multifamily dwellings | 2 for each dwelling unit |
Churches, synagogues, and houses of worship | 1 per 5 seats |
Community buildings, used in connection with the operation of clubs, social halls, lodges, fraternal organizations, and similar uses | 1 per 200 square feet GFA |
Home business | 2 for each dwelling unit plus the number of spaces required for the proposed business |
Hotel, motel, inn or rooming house | 1 per rentable unit, plus 1 per 100 square feet non-room GFA |
Funeral home or mortuary | 1 per 100 square feet GFA |
Garage or automobile repair shop | 4 per bay or work area |
Restaurant or other eating place | 1 per 3 seats |
Fast food restaurant | 1 per 30 square feet GFA |
Retail or service business | 1 per 300 square feet GFA |
Warehouse, distribution or other storage or wholesale building | 1 per 5,000 square feet GFA |
Bowling alley | 4 per alley |
Nursing home or hospital | 1 per 2 beds |
Medical offices or clinic | 1 per 800 square feet GFA |
Manufacturing, assembly, research and other industrial uses | 1 per 800 square feet GFA |
Offices | 1 per 250 square feet GFA |
Bank or other financial institution | 1 per 300 square feet GFA |
Theater | 1 per 4 seats |
Animal clinic/hospital/kennels | 1 per 200 square feet GFA |
NOTES: | |
GFA: gross floor area | |
§ 240-43 Off-street loading.
A.
At least one off-street loading area shall be provided for each commercial or industrial establishment hereafter erected or altered to have a gross floor area in excess of 5,000 square feet.
B.
Space for off-street loading shall be in addition to space for off-street parking.
§ 240-44 Access control.
In order to encourage the sound development of street frontage, the following special regulations shall apply to all nonresidential buildings and uses:
A.
Each separate use, grouping of attached buildings or groupings of permitted uses shall not have more than two points of access.
B.
The use of common access points by two or more permitted uses shall be encouraged by the Town Board in order to reduce the number and closeness of access points along the streets and to encourage the fronting of significant traffic generating uses upon a parallel access street and not directly upon a primary road.
C.
Access points for industrial uses shall not be less than 24 feet nor more than 40 feet in width. All other access points for nonresidential uses shall not be less than 20 feet nor more than 30 feet in width.
D.
All accessways shall meet the applicable standards and requirements of the New York State Department of Transportation, Orleans County Highway Department, and Town of Yates Highway Superintendent.
E.
No driveway providing access to an off-street parking area shall be located within 20 feet of any side lot line, or within 50 feet of a street intersection measured along the curbline of the same street on which the driveway is located. In addition, a minimum distance of 50 feet shall be maintained between two driveways located on any one frontage.
§ 240-45 Fences.
Fences erected in the Town shall adhere to the following unless otherwise specified in this chapter.
A.
A building permit is required, showing the location of the fencing, screening or buffering on a tape map or other map drawn to scale, and describing the dimensions and material of which the fencing, screening or buffering is to be constructed. The site plan should also show boundary lines and relationship of fencing to these boundaries and other structures.
B.
The following materials are authorized to be used for fencing, screening and buffering:
(1)
Woods.
(2)
Chain links.
(3)
Other metals, wrought iron, aluminum.
(4)
Bricks and stone.
(5)
Plastic or vinyl clad.
C.
Fences may be erected, altered or reconstructed to a maximum height of four feet in the front yard (in front of the front building line) and six-foot maximum in the side and rear yards, for residential uses in the Hamlet, Rural Residential and Waterfront Residential districts and ten-foot maximum for all nonresidential uses and for residential uses in all other districts.
D.
The height shall be measured from the ground to the top of the fence.
E.
No fence shall cause obstruction of vision at street intersections.
F.
Fences may be substituted for lot line landscaping during site plan review, at the discretion of the Planning Board.
G.
Farm fencing shall be exempt from these provisions.
H.
Any fence erected along a lot line shall be erected wholly on the property of the owner and neither the fence itself nor any supporting accessory components thereof shall encroach upon the adjoining properties.
I.
A finished side of any fencing shall front the neighboring properties.
J.
All fences shall be adequately maintained.
§ 240-46 Restrictions on use of trailers.
No trailer, manufactured home or recreational vehicle may be used for any purpose, including storage, unless such trailer, manufactured home or recreational vehicle is either registered and inspected for use on a public highway or approved for use as a dwelling.
§ 240-47 Clear view of intersecting streets.
No obstruction to view, except buildings and structures existing at the time of the existence of this chapter, shall be maintained on the premises within a triangle formed by the intersecting highways so as to interfere with a view of traffic approaching such intersection within a distance of 65 feet measured along the lot lines of the lot and the intersecting highways.
§ 240-48 Requirements for dwellings.
A.
All single-family dwellings shall have a gross floor area of not less than 900 square feet. Manufactured homes in approved manufactured home parks are exempt from this requirement.
B.
Any dwelling that does not have an attic or basement for storage must have a storage shed or garage on the lot. Such storage shed will provide necessary storage space to compensate for lack of attic and basement, and shall have a minimum of 120 square feet and be anchored to a cement foundation.
C.
No cellar sited independently of a structure shall be used exclusively as a dwelling.
D.
The minimum width of a dwelling, at it narrowest dimension, not including porches or patios, shall be 20 feet, except that manufactured homes in approved manufactured home parks shall have a minimum width of 14 feet. The width requirement shall not be met by joining together, in any fashion, two or more manufactured homes.
E.
The exterior siding shall consist of vinyl or aluminum lap siding, wood, masonite, or other materials similar to the exterior siding commonly used in standard residential construction.
F.
The construction and installation of all structures, including manufactured homes and appurtenant utilities shall conform to provisions of the codes of New York State and all other applicable standards.
§ 240-49 Individual manufactured homes.
A.
Intent. It is hereby recognized that manufactured homes are accepted housing by many individuals. It is also recognized that standards enacted at the federal and state levels have caused newer units to be safe, energy efficient, fire retardant structures.
B.
The following standards shall apply to all manufactured homes installed, established or placed in the Town whether located on an individual building lot or in a manufactured home park or in a farm worker housing. These standards shall apply in addition to the requirements of § 240-48, Requirements for dwellings.
[Amended 7-11-2024 by L.L. No. 7-2024]
(1)
Single-wide manufactured homes hereafter installed, established or placed in the Town shall be located in a duly permitted and licensed manufactured home park or farm worker housing.
(2)
Manufactured homes are subject to all applicable portions of this chapter pertaining to single-family dwellings.
(3)
Manufactured homes shall not be used for any other purpose than residence.
(4)
Manufacturer's instructions which include installation criteria shall be included with the building permit application or be made available for inspection during installation. The Code Enforcement Officer shall verify that the manufacturer's installation instructions were followed before an occupancy certificate is issued.
C.
Replacement of nonconforming manufactured homes. Any existing single-wide manufactured home which is located on a lot not within an existing manufactured home park or farm worker housing, as of the date of the enactment of this amendment, may remain in its present location so long as the single-wide manufactured home is not removed from its current location. The provisions of § 240-52, Nonconforming uses, lots and structures, of this chapter shall govern when and under what circumstances the nonconforming use status of said lot and home thereon shall terminate.
[Amended 7-11-2024 by L.L. No. 7-2024]
§ 240-50 Camping unit/recreational vehicles.
A.
A special permit shall be granted by the Code Enforcement Officer upon request for a single camping unit to be occupied on an improved or unimproved lot, outside of approved campgrounds, for a period not to exceed a total of 30 days duration per calendar year. No fee required for permit.
B.
For the purpose of this section, improved property shall be land (lot) upon which there is a dwelling that conforms to the articles of this chapter and unimproved shall be land (lot) upon which there is no dwelling.
C.
All camping units are to be placed on the side or rear of improved property.
D.
Placement of a camping unit must be in accordance with the setbacks required for buildings in the respective zone of the property.
E.
The camping unit must either have self-contained sanitation system or be connected to adequate sanitation facilities.
F.
Any recreational vehicle/camping unit occupied shall have a current valid registration allowing it to travel on the highway.
G.
A permit is not required for an unoccupied camping unit stored on an improved property.
H.
Failure to comply with any of the foregoing provisions may result in a fine of not more than $250 or imprisonment for a period not more than six months, or both. Each week a violation is continued shall be deemed a separate offense.
§ 240-51 State environmental quality review.
A.
The State Environmental Quality Review Act requires that local government examine the environmental impact of all actions they permit, fund, or construct.
B.
All Type 1 actions (NYCRR Part 617) shall require the submission and review of an environmental assessment form.
C.
For zoning action reviewed by the Town, the following bodies shall be lead agency, unless otherwise delegated by the Town Board.
(1)
Zoning text amendments: Town Board.
(2)
Zoning district amendments: Town Board.
(3)
Special permits: Planning Board.
(4)
Site plan review: Planning Board.
(5)
Variance: Zoning Board of Appeals.
D.
If in the opinion of the local lead agency, after review of the environmental assessment form, there appears the potential for a significant environmental impact, the lead agency shall cause the applicant to prepare a draft environmental impact statement. Review, notice and action on the EIS shall be conducted according to Part 617.
E.
The local lead agency's review of the action shall include the following procedures and general considerations:
(1)
If the proposed action is located within the boundaries of the Coastal Zone, as is described in Article II, § 240-14, and is shown on the maps of the Local Waterfront Development Policy (LWDP) document, a coastal assessment form (CAF) shall be completed and submitted by the applicant, along with the application for any zoning action. The completed CAF shall state whether such proposed action may or will not have a significant effect on the coastal environment or on the coastal resources of the community.
(2)
Actions for which a coastal assessment form (CAF) have been filed shall be reviewed and certified by the local lead agency as to consistency with the uses and policies of the Local Waterfront Development Policy (LWDP) prior to any final determinations being made by the local lead agency. Actions that are inconsistent with the Local Waterfront Development Policy (LWDP) shall be denied zoning approval or modified to become consistent with the LWDP. Thereafter, the proposed action shall be reviewed and processed in accordance with the provisions of this article and Part 617 of the title 6 NYCRR.
(3)
If the local lead agency determines that the proposed action is not an exempt action, or an action listed in Section 617.12 of Title 6 NYCRR as a Type II action and that it will not have significant effect on the environment or local plans, then the local lead agency shall prepare, file and circulate such determination as provided in Section 617.7(b) of Title 6 NYCRR and thereafter the proposed action may be processed without further regard to this article. The determination shall include certification as to consistency with the Local Waterfront Development Policy (LWDP) for those actions subject to a coastal assessment form. Certification shall include a review and evaluation of coastal policies in accordance with the Local Waterfront Development Policy (LWDP.)
(4)
The local lead agency shall maintain files that are open for public inspection of all notices of proposed actions, draft and final environmental impact statements, coastal assessment forms, certifications of consistency with Local Waterfront Development Policy.
§ 240-52 Nonconforming uses, lots and structures.
Lots, structures, uses of land, and characteristics of uses which lawfully existed at the time of the enactment of this chapter and which would be prohibited or restricted under the terms of this chapter may be continued subject to the following provisions:
A.
Intent. It is the intent of this chapter to permit nonconforming uses to continue until they are removed, but not to encourage their survival.
B.
Enlargement. No nonconforming uses shall be enlarged or increased or extended to occupy a greater area of land than was occupied at the effective date of the adoption of this chapter.
C.
Unsafe structures. Any structure or portions thereto declared unsafe by a proper authority may be restored to a safe condition, subject to applicable state and local laws and regulations.
D.
Alterations. A nonconforming structure may not be reconstructed or structurally altered to an extent exceeding in aggregate cost 50% of the assessed value of the structure, as adjusted to full value, based upon the Commissioner of Taxation and Finance rates of said structure, unless the structure shall be changed to a conforming use.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
E.
Restoration. No nonconforming structure damaged by fire or other causes to the extent of more than 50% of its assessed value of the structure, as adjusted to full value based upon the Commissioner of Taxation and Finance rates, shall be repaired or rebuilt, except in conformity with the requirements of these regulations.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
F.
Discontinuance. Whenever a nonconforming use has been discontinued for a period of one year, use shall not thereafter be reestablished and any future use shall be in conformity with the provisions of this chapter.
G.
Changes. Once changed to a conforming use, no structure or land so changed shall be permitted to revert to a nonconforming use.
H.
Moving. Should any structure be moved for any reason for any distance, it shall thereafter conform to the requirements for the district in which it is located after it is moved.
I.
Existing undersized lots of record - undeveloped.
(1)
Any record lot of at least 6,000 square feet held in single and separate ownership prior to the adoption of this chapter and whose area/or width and/or depth are less than minimum requirements specified herein for the district may be considered as complying with this chapter and no variance therefor shall be required, provided that:
(a)
Such lots do not adjoining any other lot or lots held by the same owner, the aggregate area of which lots is equal to or greater than the minimum lot area required for the district.
(b)
Provided that the minimum dimensions of such nonconforming lot is at least 50 feet wide by 120 feet.
(c)
In any district where residences are permitted, such undersized nonconforming lots may be used for not more than one single-family dwelling.
(d)
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 property.
(2)
Any developed lot with a dwelling in the (WR) district held in a single and separate ownership prior to the adoption of this chapter and whose area or width and or depth are less than minimum requirements specified herein for the district may be considered as complying with this chapter and no variance therefore shall be required, provided that:
(a)
The minimum lot width is 40 feet and has a total area of at least 4000 square feet.
(b)
The side set backs for the dwelling are 10 feet and in the (WR) district the set back from the mean high water mark shall not be decreased on any new construction, replacement of or remodeling of any existing dwelling if this distance is less than 75 feet.
(c)
The set back for all structures from a private lane is 20 feet.
(d)
The side set back for accessory structure or detached deck or dock of less than two feet high is five feet.
§ 240-53 Corner and through lots.
On corner lots and through lots the sides facing both streets shall be considered front yards. The other two sides shall be considered side yards.
§ 240-54 Pinball and video game arcades.
A.
Arcades shall be closed between the hours of 12:00 midnight and 8:00 a.m.
B.
No one under the age of 16 shall be permitted in an arcade while school is in session.
C.
An owner or responsible person over the age of 18 shall be on the premises during all hours of operations.
D.
All video display screens shall be visible to the public from the entryway to the room or building and/or from large windows situated for easy viewing from the outside of the building.
E.
No cubicles, booths or partitions shall be constructed or erected so as to reduce the visibility or accessibility to display screens of pinball and video games.
§ 240-55 Temporary special events.
A.
Purpose and intent. The purpose and intent of this section is to provide for the temporary use of land for special events in a manner consistent with its normal use and beneficial to the general welfare of the public. Furthermore, it is the intent of this section to protect nearby property owners, residents and businesses from special events which may be disruptive, obnoxious, unsafe or inappropriate given site conditions, traffic patterns, land use characteristics, and the nature of the proposed use. Finally, it is the intent of this section to preserve the public health, safety and convenience.
B.
Special event defined.
(1)
The term "special event" shall mean a temporary, short-term use of land or structures, not otherwise included as a permitted or accessory use by this chapter, for one or more of the following types of activities:
(a)
Type 1. Fund-raising or noncommercial events for nonprofit religious, educational, or community service organizations; including any on-site signs and structures in conjunction with the event.
(b)
Type 2. Temporary banners attached to the wall of a building or placed across street rights-of-way.
(c)
Type 3. Promotional activities or devices intended to attract attention to a specific place, business, organization, event or district, such as signs, searchlights or balloons.
(d)
Type 4. Commercial activities intended to sell, lease, rent or promote specific merchandise, services or product lines, such as a tent sale, trade show, farmers market, Christmas tree sales, or product demonstration.
(e)
Type 5. Public events intended primarily for entertainment or amusement, such as concerts, festivals, carnivals, circuses or parades; or large private events such as film production. In addition, the temporary placement of a portable asphalt plant during construction work on any public road when such placement is not adjacent to said construction but will be placed within 1 1/4 miles of said construction.
(2)
The term "special event" shall not include amusement enterprises, garage sales at an individual residence, transient merchants, or off-site promotional signs.
C.
Special events not requiring a permit. Special events meeting the Type 1 definition are allowed without a special event permit, provided all of the following performance standards are met:
(1)
The special event is conducted entirely on private property owned or leased by the sponsoring organization as a permanent facility.
(2)
Any structure use in conjunction with the special event shall meet all applicable yard setbacks, shall be the subject of a valid zoning certificate, and shall be promptly removed upon cessation of the event.
(3)
The special event shall be restricted to hours of operation between 6:00 a.m. and 10:00 p.m., to a maximum duration of four days, and to a maximum frequency for similar events of two times per calendar year.
D.
Special events subject to an administrative permit. Special events meeting the following standards may be issued a special event permit administratively by the Code Enforcement Officer. In administering the provisions of this section, the Code Enforcement Officer shall be guided by applicable county policies as adopted by the Town Board. Any applicant denied a special event permit shall be notified, in writing, of the reasons for the denial and of the opportunity to appeal the denial to the Town Board.
(1)
Special events meeting the Type 2 definition may be permitted administratively by the Code Enforcement Officer, provided that all of the following performance standards are met:
(a)
An application is made and a fee paid in accordance with § 240-55F.
(b)
No more than one banner will be displayed when attached to the wall of a building.
(c)
The size and design of the banners will be appropriate given the size of the building to which they are attached and the character of the surrounding neighborhood.
(d)
The banner will be displayed for a maximum duration of 15 days per permit.
(2)
Special events meeting the Type 3 or Type 4 definition, and Type 1 events not meeting the standards of § 240-55C, may be permitted administratively by the Code Enforcement Officer subject to the prior review and approval of special arrangements for traffic and crowd control by the Sheriff, Fire Chief of the appropriate Fire District, and Town Highway Superintendent. No such administrative permit shall be issued unless all of the following performance standards are met:
(a)
An application is made and a fee paid in accordance with § 240-55F.
(b)
The special event will not cause undue traffic congestion or accident potential given anticipated attendance and the design of adjacent streets, intersections and traffic controls.
(c)
The activity shall not cause the overcrowding of parking facilities given anticipated attendance and the possible reduction in the number of available spaces caused by the event itself.
(d)
The special event shall not endanger the public health, safety, or welfare given the nature of the activity, its location on the site, and its relationship to parking and access points.
(e)
The special event shall not impair the usefulness, enjoyment or value of adjacent property due to the generation of excessive noise, smoke, odor, glare, litter or visual pollution.
(f)
Any structure used in conjunction with the special event shall meet all sight distance requirements, shall be the subject of a valid building permit, and shall be promptly removed upon the cessation of the event.
(g)
The special event shall be conducted on private property where the property owner has granted the appropriate permission.
(h)
The duration and hours of operation of the special event shall be consistent with the intent of the event and the surrounding land uses, but in no case shall the duration exceed 10 days.
E.
Special events subject to Town Board approval. Any special event not meeting the criteria of § 240-55C or D may be granted a special event permit by the Town Board. Such permit may be subject to such conditions and safe guards as the Town Board may deem necessary to protect the public health, safety and welfare. These conditions may include, but shall not be limited to:
(1)
Restrictions on the hours of operation, duration of the event, size of the activity, or other operational characteristic.
(2)
The posting of a performance bond to help ensure that the operation of the event and the subsequent restoration of the site are conducted according to Town Board expectations.
(3)
The provision of traffic control or security personnel to increase the public safety and convenience.
(4)
Obtaining liability and personal injury insurance in such form and amount as the Town Board may find necessary to protect the safety and general welfare of the community.
F.
Application and fee.
(1)
No Special event permit shall be issued until an application has been submitted to the Code Enforcement Officer and the appropriate fee paid. The application shall be made on forms provided by the Code Enforcement Officer, and shall be accompanied by the following items as applicable:
(a)
A letter from the applicant describing the proposed event, the hours of operation, the duration of the event, anticipated attendance, and any structures, signs or attention-attracting devices used in conjunction with the event.
(b)
A sketch plan showing the location of the proposed activities, structures and signs in relation to existing buildings, parking areas, streets and property lines.
(c)
A letter from the property owner or manager, if different from the applicant, agreeing to the special event.
(2)
Each application for a special event permit shall be accompanied by an application fee, except that such fee shall be waived for any applicant registered with the State of New York as a nonprofit organization. The fees shall be as established by the Town Board by separate resolution.
(3)
The special event permit shall be posted on the site for the duration of the event.[1]
[1]
Editor's Note: Original Sec. 660, Alternative energy systems, which immediately followed this section, was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
§ 240-56 Habitation.
All residential habitation shall be in residential dwellings as defined in this chapter.
§ 240-57 Refuse containers.
Commercial refuse containers shall be used for commercial waste disposal.
§ 240-58 Swimming pools.
Swimming pools may be installed only as accessory structures to a dwelling for the private use of the owners or occupants of such dwelling and their families and guests. No swimming pool shall be installed or maintained unless:
A.
Such pools are installed in the rear or side yard of the premises, unless hardship is shown. No swimming pool shall be closer to the street or front lot line than the front of the building or structure to which the pool is an accessory use.
B.
The setbacks from the side and rear lot lines shall be at least 15 feet.
C.
Anything in this chapter to the contrary notwithstanding, for in-ground pools, there shall be erected and maintained a good quality fence to be a minimum of four feet in height, enclosing the entire portion of the premises upon which such pool shall be installed and entirely surrounding the area in which such pool is located.
D.
Fences and gates shall be required, pursuant to the requirements of the Codes of New York State. Every gate or other opening in the fence enclosing any pool, except an opening through the dwelling or other main building of the premises, shall be kept securely closed and locked at all times when the owner or occupant of the premises is not present at such pool.
E.
No permit shall be issued for such pool unless the applicant can show that the proposed drainage of such pool is adequate and will not interfere with the property of others, with public highways or area drainage facilities.
F.
No permit shall be issued for such pool unless the applicant can demonstrate that there is sufficient water supply to accommodate such pool without detriment to normal water consumption requirements and that all proposed water connections are proper and adequate.
G.
Zoning permits shall be required for all swimming pools having an area greater than 100 square feet or a depth greater than 18 inches regardless of whether the pool is above or below ground.
H.
This section does not apply to farm ponds or other natural or artificial made bodies of water located in on residential areas.
§ 240-59 Utility sheds.
Utility sheds having exterior dimensions of 10 feet by 12 feet or less do not have to meet the set-back requirements provided in this chapter and may be erected no less than five feet of the property line upon inspection and approval of the Code Enforcement Officer. Such sheds do not require a cement or wood base, but must be anchored to the satisfaction of the Code Enforcement Officer to mitigate against wind damage. Utility sheds having dimensions larger than 10 feet by 12 feet require the issuance of a standard building permit and must comply with all of the provisions of this chapter and all other local laws and statutory provisions.
§ 240-60 Home occupations.
A.
No person other than a member of the immediate family occupying such dwelling shall be employed full time as part of the home occupation.
B.
The home occupation shall not require client or customer visits to the residence.
C.
A home occupation must be conducted within a dwelling which is the bona fide residence of the principal practitioner or in an accessory building thereto which is normally associated with a residential use.
D.
No more than 25% of the gross floor area of such residence shall be used for the conduct of a home occupation. The entire floor area of an accessory structure may be used for a home occupation (except garages.)
E.
In no way shall the appearance of the structure be altered or the occupation within the residence be conducted in a manner which would cause the premises to differ from its residential character whether by the use of colors, materials, construction, lighting or the emission of sounds, noises, or vibrations.
F.
No mechanical or electrical equipment shall be employed other than machinery or equipment customarily found in the home associated with a hobby or avocation not conducted for gain or profit or machinery or equipment which is essential in the conduct of the home occupation.
G.
There shall be no outdoor storage or display of materials, goods, supplies or equipment related to the operation of the home occupation.
H.
There shall be no use of utilities or community facilities beyond that normal to the use of the property for residential purposes.
I.
One nameplate shall be allowed. It may display the name of the occupant and/or the name of the home occupation. It shall not exceed one square foot in area and shall be attached to the structure.
J.
Only one commercial vehicle, as defined herein, may be used in connection with home occupation.
K.
No use shall create noise dust, vibration, smell, smoke glare, electrical interference, fire hazard, or any other hazard or nuisance to any greater or more frequent extent than that usually experienced in an average residential occupancy in the district in question under normal circumstances wherein no home occupation exists.
L.
Any home occupation that exceeds the thresholds established in this section shall require a special permit for a home business (see § 240-80).
§ 240-61 Stripping of topsoil.
A.
No person, firm or corporation shall strip, excavate or otherwise remove topsoil for sale or other use other than on the premises from which taken, except in connection with the construction or alteration of a building on such premises and excavation or grading incidental thereto. Any area of land consisting of more than one acre from which topsoil has been removed or covered over by fill shall be seeded to provide an effective cover crop within the first growing season following the start of said operation.
B.
Any removal of topsoil shall comply with all applicable regulations regarding erosion control and stormwater management.
§ 240-62 Farm animals.
A.
The keeping of farm animals within the General Business (GB) or Rural Residential (RR) Districts must comply with the following conditions:
(1)
Fences. Farm animals shall be fenced so as not to be able to come within 50 feet of adjacent residential structures nor within 10 feet of any boundary line.
(2)
No structure housing such animals shall be located closer than 50 feet to any street or property line.
(3)
Preexisting animals. Farm animals maintained on a property at the time of enactment of this chapter, in excess of the number allowed in this section, may continue to be allowed, provided that the occupant of the property registers the total number and type of animal with the Code Enforcement Officer within 30 days of the enactment of this chapter.
(4)
No stable, similar animal housing or confining areas shall be allowed on lots of less than five acres.
(5)
Not more than one adult or fully grown horse, cow, beef cattle, sheep, goat or other four-legged domestic-type farm animal, or combinations thereof, may be kept per acre of land in the residential parcel.
(6)
Not more than a total of any combination of 12 adult or fully grown chickens, ducks, geese or other fowl or birds of any type may be kept per acre of land in the residential parcel.
(7)
No unenclosed storage area for manure or other materials creating dust or odor shall be permitted within 100 feet of any street or residential property line, nor within 100 feet of a stream or other water body or well providing a source of potable water. In no case shall a pasture be considered an unenclosed storage area for manure, nor shall a pasture be required to be set back 100 feet from any residential property line, street or water body. Any building occupied or structure used for the storage of manure or other materials creating dust or odor shall be located a minimum of 60 feet from all lot lines. Manure storage facilities shall be constructed a minimum of 120 feet from any residential building.
(8)
Site plan review by the Planning Board shall be required for manure storage facilities or for any structure that is not completely enclosed that is used primarily for the storage of liquid agricultural or food processing wastes.
B.
The keeping of farm animals as an accessory use to a residence within the Agricultural/Residential (AR) or Waterfront Development (WD) Districts must comply with the following conditions:
(1)
No stable, similar animal housing or confining areas shall be allowed on lots of less than two acres.
(2)
No structure housing such animals shall be located closer than 50 feet to any street or property line.
(3)
Not more than one adult or fully grown horse, cow, beef cattle, sheep, goat or other four-legged domestic-type farm animal, or combinations thereof, may be kept per acre of land in the residential parcel.
(4)
Not more than a total of any combination of 12 adult or fully grown chickens, ducks, geese or other fowl or birds of any type may be kept per acre of land in the residential parcel.
C.
The keeping of farm animals shall not be permitted in the Hamlet (HA) or Waterfront Residential (WR) Districts.
D.
Farm animals maintained as part of a farm operation that is included within a County Agricultural District shall not be subject to the regulations of this section.
§ 240-63 Manure storage facilities.
A.
Manure storage facilities, as defined herein, shall require site plan approval by the Planning Board and shall comply with the requirements of this section.
B.
All manure storage facilities shall be designed in accordance with United States Department of Agriculture, Natural Resources Conservation Service standards (NRCS).
C.
Manure storage facilities shall be designed to prevent animals and people from accidentally falling into and/or becoming trapped in any portion of said manure storage facility. In the case of ground level pits used as manure storage facilities, such facilities shall be surrounded by a minimum four-foot-high (four feet) fence. Said fence shall be of sufficient design to make the facility secure from small children.
D.
Site plan applications involving a manure storage facility shall include the following:
(1)
Either:
(a)
A letter from the Orleans County Soil and Water Conservation District stating the date of review of said plans and containing said District's recommendations concerning compliance of the plans with said NRCS standards; or
(b)
The seal of a professional engineer licensed to practice in New York State.
(2)
Copies of soil boring logs and reports taken in the vicinity of the proposed manure storage facility, as designated appropriate by either the Orleans County Soil and Water Conservation District or a professional engineer licensed to practice in New York State.
(3)
The results of a deep hole inspection of soil and groundwater conditions at the site of the proposed manure storage facility conducted by either the Orleans County Soil and Water Conservation District or a professional engineer licensed to practice in New York State.
(4)
Complete design details of any structures to be built and materials to be used therein.
(5)
A statement as to the type and number of animals expected to contribute waste to the facility, and the maximum number of animals said facility is capable of supporting.
(6)
A statement as to the operation of the manure storage facility, such as the number of times per year residue is to removed and where to, whether mechanical agitation or aeration is involved.[1]
[1]
Editor's Note: Original Sec. 699, Coastal erosion hazard law, which immediately followed this section, was repealed 3-14-2013 by L.L. No 1-2013.