In addition to all other requirements set forth in this chapter, the following supplementary regulations shall apply, as herein specified, in areas created by this chapter and all amendments hereto.
In all areas of special flood hazards the standards as adopted by Chapter 72, Flood Damage Prevention, of the Code of the Town of Little Valley, dated April 13, 1987, shall apply.
No manufactured homes/mobile homes, trailer or other habitable vehicle shall be permitted to locate in the Town in any district as specified under § 140-13 of this chapter except as specified in Chapter 90, Mobile Homes and Mobile Home Parks, of the Code of the Town of Little Valley, dated December 30, 1985.
Where permitted in § 140-13 of this chapter, all automobile graveyards and junkyards shall conform to the requirements set forth in Chapter 83, Junkyards.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
With the exception of public road and highway signs, no sign or billboard shall be permitted in any district except as hereinafter provided.
A. 
Any illuminated sign or lighting device shall employ only lights emitting a light of constant intensity, and no sign shall be illuminated by or contain flashing, intermittent, rotating or moving light or lights. In no event shall an illuminated sign or lighting device be so placed or directed so as to permit the beams and illumination therefrom to be directed or beamed upon a public street, highway, sidewalk or adjacent premises so as to cause glare or reflection that may constitute a traffic hazard or nuisance.
B. 
Announcement or professional signs for legitimate home occupations and professional activities and name of resident signs not exceeding more than six square feet in area shall be permitted in any district where such activities are permitted.
C. 
Bulletin boards and signs for a church, school, community or other public or semipublic institutional building shall be permitted, provided that the area of such sign does not exceed 15 square feet in area and such signs are set back a minimum of 15 feet from the established right-of-way line.
D. 
No portable or temporary sign shall be placed on the front or face of a building or on any premises, except:
(1) 
One temporary sign, not exceeding 12 square feet in the residential district, listing the architect, engineer, contractor and/or owner, on premises where construction, renovation, or repair is in progress; provided, however, the same shall be removed from the premises upon the completion of the project.
(2) 
Temporary signs not exceeding 50 square feet announcing an event of community interest, meeting the approval of the Town Board, may be erected provided the same shall be removed from the premises upon the completion of the event.
E. 
No sign or part thereof shall contain or consist of banners, posters, pennants, ribbons, streamers, spinners, or other similar moving, fluttering or revolving devices. The said devices, as well as strings of lights, shall not be used for the purposes of advertising or attracting attention when not part of a sign.
F. 
No sign erected or maintained in the window of a building, visible from any public or private street or highway, shall occupy more than 15% of the area of said window.
G. 
No signs shall be placed on the roof of any building.
H. 
Real estate signs not exceeding six square feet in area and advertising the sale, rental or lease of the premises on which the sign is located shall be permitted on any property. All such signs shall be removed within seven days after the sale, lease or rental of the premises.
I. 
A sign or notice having an area of nine square feet or less of a public utility, gasoline service station, public garage and outdoor display area necessary for the direction, information or safety of the public.
J. 
Gasoline service stations.
(1) 
On any gasoline service station not more than one pole sign erected for the purpose of advertising the brand of gasoline sold at such service station, provided such pole sign have a maximum area of not more than 20 square feet, and a maximum height of not more than 20 feet to the top of such pole sign.
(2) 
Gasoline service stations shall additionally be permitted two price, product or promotional signs each, not exceeding 12 square feet or six square feet per side, if located on the pump island, or set not closer than 10 feet from the edge of the pavement, not exceeding eight feet above grade nor situated so as to impair visibility for pedestrians or motorists.
K. 
Exempt signs (require no permits):
(1) 
Historical markers, tablets and statues, memorial signs and plaques; names of buildings and dates of erection when cut into any masonry surface or when constructed of bronze, stainless steel, or similar material; and emblems installed by governmental agencies, religious or nonprofit organizations; not exceeding six square feet.
(2) 
Flags and insignia of any government, except when displayed in connection with commercial promotion.
(3) 
On-premises directional signs for the convenience of the general public, identifying public parking areas, fire zones, entrances and exits and similar signs, internally illuminated or nonilluminated, not exceeding four square feet per face and six feet in height. Business names 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) 
Agricultural signs not exceeding four square feet.
(6) 
One on-premises sign, either freestanding or attached, in connection with any residential building in any zoning district, for permitted professional offices or home occupations not exceeding two square feet and set back at least 10 feet from the highway right-of-way. Such sign shall state name and vocation only. Illumination shall not produce a direct glare beyond the limits of the property line.
(7) 
Number and name plates identifying residents, mounted on house, apartment or mailbox, not exceeding one square foot in area.
(8) 
Lawn signs identifying residents, not exceeding one square foot, or two square feet if double-faced. Such signs are to be nonilluminated except by a light which is an integral part of a lamp post if used as a support, with no advertising message thereon.
(9) 
Private-owner merchandise sale signs for garage sales and auctions, not exceeding four square feet for a period not exceeding seven days.
(10) 
One temporary sign for a roadside stand selling agricultural produce grown on the premises in season, providing that such sign not exceed 24 square feet and be set back at least 10 feet from the public right-of-way.
(11) 
Christmas holiday decorations, including lighting, are exempt from the provisions of this chapter.
(12) 
At gasoline stations:
(a) 
Integral graphics or attached price signs on gasoline pumps.
(b) 
Two auxiliary signs per station, each not exceeding two square feet.
(c) 
One portable sign per station, not exceeding 12 square feet and four feet in height.
(13) 
Directional signs for meetings, conventions, and other assemblies.
(14) 
Political posters, banners, promotional devices and similar signs, not exceeding 32 square feet, providing:
(a) 
Placement shall not exceed 60 days, and a period of nine months shall elapse between the last day of one period of showing and the first day of the next.
(b) 
The names and addresses of the sponsor and the person responsible for removal are identified.
(15) 
In instances where a sign(s) may be required to be erected by local, state, and/or federal law, such signs shall be exempt from requirements of this chapter but notification of the Planning Board and Town Clerk, in writing, will be required before erection of such sign(s).
L. 
Recreational areas, day camps, golf clubs, ski areas, and other similar facilities permitted by this chapter shall in all zones be permitted one sign not exceeding 50 square feet.
M. 
Portable signs. A new business, or a business in a new location awaiting installation of a permanent sign, may utilize a portable sign for a period of not more than 60 days or until installation of a permanent sign, whichever occurs first. Such a portable sign must meet all the construction standards of the municipality. A separate permit for such a portable sign shall be required.
N. 
Nonconforming signs. In the event a sign lawfully erected prior to the effective date of this chapter does not conform to the provisions and standards of this chapter, then such signs shall not be enlarged nor replaced by a nonconforming sign.
O. 
Removal of signs. Any sign, existing on or after the effective date of this chapter, which no longer advertises an existing business conducted or product sold on the premises upon which such sign is located shall be removed.[1]
(1) 
If the Code Enforcement Offiicer shall find that any sign regulated in this chapter is not used, coded in advertising, is abandoned, unsafe or insecure, or is a menace to the public, the Code Enforcement Officer shall give written notice to the named owner of the land upon which it is located, who shall remove or repair the sign within 30 days from the date of the notice. If the sign is not removed or repaired within said time period, the Code Enforcement Officer shall revoke the permit issued for such sign and may remove or repair the sign and assess the owner for all costs incurred for such service.
(2) 
The Code Enforcement Officer may cause any sign which is a source of immediate peril to persons or property to be removed immediately and without notice.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
P. 
Construction standards.
(1) 
All signs installed after the effective date of this chapter shall have attached to the sign, a name plate giving the sign permit number and the name and address of the owner, person or corporation responsible for the general requirements and maintenance as outlined in this chapter.
(2) 
All internally illuminated signs shall be constructed in conformance with the "Standards for Electric Signs (U.L. 48) of Underwriters Laboratories, Inc." and bear the seal of Underwriters Laboratories, Inc.
(3) 
If such sign does not bear the Underwriters Laboratories Label the sign shall be inspected and certified by an appropriate electrical inspection person or agency, as determined by the Town. All transformers, wires and similar items shall be concealed. All wiring to freestanding signs shall be underground.[2]
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
(4) 
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.
(5) 
All signs, including wall-mounted and projecting signs, shall be securely anchored and shall not swing or move in any manner.
(6) 
All signs, sign finishes, supports and electric work shall be kept clean, neatly painted, and free from all hazards, such as, but not limited to, faulty wiring, and loose supports, braces, guys and anchors.
(7) 
All projecting, freestanding or wall signs shall employ acceptable safety material.
(8) 
All signs shall be painted and/or fabricated in accordance with generally accepted standards.
Q. 
Sign permit application procedure.
(1) 
Except as otherwise provided, no person shall erect, alter, or relocate any sign without first obtaining a permit from the Code Enforcement Officer. Applications shall be made, in writing, on forms prescribed and provided by the municipality and shall contain the following information:[3]
(a) 
Name, address and telephone 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 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] 
Location on the premises, specifically, its position in relation to adjacent buildings, structures and property lines.
[2] 
The method of illumination, if any, and the position of lighting or other extraneous devices, and a copy of the electrical permit related to the electrical connections.
[3] 
Graphic design, including symbols, letters, materials and colors.
[4] 
The visual message, text, copy or content of the sign.
(d) 
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.
[3]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
(2) 
Issuance of permit. Upon the filing of a complete 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 it shall appear that the sign is in compliance with all the requirements of this chapter, they shall 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 municipality.
In all districts in connection with every residential, commercial, industrial, institutional or other use, there shall be provided at any time any building or structure is erected, enlarged or increased in capacity, off-street parking spaces for automobiles in accordance with the following requirements:
A. 
Each off-street parking space shall have an area of not less than 160 square feet, exclusive of access drives or aisles, and shall be of usable shape and surface.
B. 
Adequate access shall be provided to all parking spaces. Where a lot does not abut on a private or public access drive, an access drive of not less than 18 feet in width in all other cases leading to the parking area shall be required.
C. 
The number of off-street parking spaces to be provided shall not be less than the following:
Use
Parking Spaces Required
Bowling alley
Five for each alley
Church or school
One for each four seats in principal gathering room
Country club
One for each five members
Dance hall, assembly, or exhibition hall, nightclub, cafe or similar recreation establishment
One for each 100 square feet of floor area
Eating and drinking establishment
One for every four seats
Golf course
Six for each hole
Hospital
One for every three beds and one for each two employees on the maximum working shift
Industrial uses
One for each two employees on the maximum working shift
Mortuary or funeral home
One for each 75 square feet or floor area
Multiple-dwelling unit
Two per unit with one extra space for guest parking per two units
Offices, clinics, wholesale establishments and business services
One for every 300 square feet of floor space
Private club or lodge
One for each 10 members
Public swimming pool
One for each 40 square feet of pool area
Rental units, motels and hotels
One per rental room or unit
Residential
Two per dwelling unit
Retail store or personal service establishment
One for each 100 square feet of floor space
Sanitarium or convalescent home
One for every three beds and one for each two employees on the maximum working shift
Theater
One for every four seats
D. 
Every building having a gross floor area of 10,000 square feet or more, requiring the loading or unloading of trucks, shall provide and maintain at least one off-street loading space, plus one additional space for each additional 100,000 square feet of gross floor area or fraction thereof. Each loading space shall be not less than 10 feet in width, 25 feet in length and 14 feet in height
Temporary buildings or trailers, other than buildings or trailers for living purposes, to be used in connection with construction work only, may be permitted in any district during the period that the construction work is in progress, but such temporary buildings shall be removed upon the completion of such work. Permits for temporary, nonresidential buildings shall be issued for a one-year period and must be renewed for continued use.
Accessory buildings may be permitted in all zones, except the Floodway Zone, provided they do not occupy more than the stated percentage of the required yard; equivalent open space is left elsewhere on the lot; they are located within the stated lot dimensions; and they are not erected within five feet of any other building.
Where permitted in § 140-13 of this chapter, fences shall conform to the following requirements:
A. 
Setback. Fences shall be set back a minimum of 10 feet from the edge of the road (street) and shall not be located within the legal road (street) rights-of-way.
B. 
Corner lots. On corner lots, no fence, wall, hedge or other structure or planting interfering with visibility from motor vehicles shall be erected, placed, maintained, continued or permitted within the triangular area formed by the intersecting street lines on such lots and a line drawn between two points 30 feet distant from the intersection, measured along said street lines.
C. 
Proximity to neighboring properties. All fences shall be located no closer than two feet from adjacent property lines except agricultural fences.
D. 
Fire hazard. Any fence which is flammable or positioned in such a manner so as to be excessively disruptive to extinguishing a fire shall be prohibited.
E. 
Finished sides. The finished sides of all barrier fences must face adjacent properties.
F. 
Maintenance. All fences shall be maintained structurally and visually.
G. 
A fence used for agricultural purposes is exempt from a special use permit.
The height limitations contained in the Schedule of District Regulations[1] do not apply to spires, belfries, cupolas, antennas, water tanks, ventilators, chimneys, silos, grain elevators, radio or television towers or any appurtenances usually required to be placed above the roof level and not intended for human occupancy.
[1]
Editor's Note: See § 140-14.
All regulations and standards in the drilling of wells in the Town shall comply with the New York State Health Department and or New York State Department of Environmental Conservation.