Town of Albion, NY Article VI Regulations Applicable to All Zoning Districts

§ 103-32 Signs.

A. Purpose. The purpose of these regulations is to provide comprehensive time, place and manner restrictions on signage including, but not limited to, controls on size, height, quantity, location, spacing, shape, lighting, motion, design and appearance toward the basis of promoting community aesthetics, traffic safety, economic development and the protection of property values.

B. Sign permit required. A sign permit is required for all outdoor advertising signs, subject to the following standards:

(1) General advertising signs related to the permitted use of the premises are allowed, including secondary advertisement of products or services.

(2) 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.

(3) Signs shall be informative, enhance the rural character of the community, and shall be consistent with the Town of Albion Comprehensive Plan. Signs that are manufactured from wood, or wood simulated products, or stone, or stone simulated products (with the appearance of natural wood or stone) are recommended.

C. Exempt signs. The following types of signs may be erected without a permit in any zoning district:

(1) Historical markers, tablets and statues, memorial signs and plaques; names of buildings and dates of 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 in area.

(2) Flags and insignia of any government, except when displayed in connection with commercial promotion.

(3) Any sign placed by any governmental agency for public purposes, or any nonadvertising sign identifying underground utility lines.

(4) 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 non-illuminated, not exceeding two square feet per face and six feet in height. Business names and personal names shall be allowed, excluding advertising messages.

(5) Nonilluminated warning, private drive, posted or no-trespassing signs, not exceeding two square feet per face.

(6) Number and nameplate identifying residents and/or property addresses, not exceeding two square feet per face.

(7) Private-owner merchandise sale signs for garage sales and auctions, not exceeding four square feet for a period not to exceed seven days.

(8) Temporary lighted or unlighted signs erected by and for nonprofit organizations such as churches, American Legion, Boy Scouts, Girl Scouts, political organizations, or military reserve associates which advertise suppers, banquets, benefits, fund-raising sales, and similar functions may be erected for a period of 40 days without a permit in any district.

(9) Temporary nonilluminated "For Sale," "For Rent," real estate signs and signs of similar nature, concerning premises upon which the sign is located. Such sign shall not exceed 24 square feet in area, and shall be set back at least 10 feet from all property lines. All such signs shall be removed within three days after the sale, lease or rental of the premises or property.

(10) Holiday decorations, including lighting, are exempt from the provisions of this chapter and may be displayed in any district without a permit.

(11) Integral graphics or attached price signs on gasoline pumps at gasoline stations.

(12) Directional signs for meetings, conventions and other assemblies.

(13) One sign, not exceeding 16 square feet in area, listing the architect, engineer, contractor and/or owner, on premises where construction, renovation or repair is in progress.

(14) Noncommercial speech signs, subject to the following conditions:

(a) The maximum number of noncommercial speech signs per lot shall be two excepting posted or preserve signs erected pursuant to the Environmental Conservation Law of the State of New York.

(b) Such signs shall not exceed a total of 20 square feet in area for all signs on a single lot.

(c) Freestanding noncommercial speech signs shall not exceed six feet in height above grade level.

(d) Noncommercial speech signs shall not be illuminated, except indirectly.

D. General sign standards. All signs, including outdoor advertising signs and exempt signs, shall comply with the following standards:

(1) No sign shall consist of lights which flash, or move, or appear to move.

(2) No sign shall be higher than the principal building to which it is accessory.

(3) No sign shall project into a public right-of-way, be closer than 10 feet to any street line, or be closer than five feet to any property line. No sign shall create a traffic hazard, block any motorist's line of sight, be unduly distractive to motorists or pedestrians or reduce the effectiveness of signs needed to direct the public.

[Amended 10-27-2014 by L.L. No. 1-2014]

(4) No sign shall project on a public utility pole or traffic control structure.

(5) Any person desiring to place an advertising sign on premises other than the site of the business advertised shall obtain a variance from the Town Zoning Board of Appeals.

(6) The total number of permitted signs on a single lot shall not exceed two, of which only one may be freestanding.

(7) The total cumulative area of signs permitted on a single lot which will be attached to the building front shall not exceed an amount calculated at the rate of one square foot of sign area per linear foot of building front, plus one square foot of sign area for every four linear feet setback of the principal building on the property.

[Amended 10-28-2002]

E. Construction standards for all signs.

(1) All signs, including wall-mounted and projecting signs, shall be securely anchored and shall not swing or move in any manner.

(2) All signs, sign finishes, supports and electrical work shall be kept clean and painted, and free from all hazards, such as but not limited to faulty wiring, and loose supports, guys and anchors.

(3) All projecting, freestanding or wall-mounted signs shall employ acceptable, safe materials.

(4) All signs shall be painted and/or fabricated in accordance with generally accepted standards.

(5) No freestanding sign shall be more than 20 feet in height above finished grade. Such height shall be measured vertically from the established 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.

F. Nonconforming 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 clause of this chapter.

G. Procedures for obtaining a sign permit.

(1) Except as otherwise provided, no person shall erect, alter or relocate any sign without first obtaining a permit from the Code Enforcement Officer. Subsequent to this initial application, no permit shall be required for a sign to be repainted, repaired or have its message changed.

(2) Application procedure. Applications shall be made to the Code Enforcement Officer on the form prescribed and provided by the Town of Albion, accompanied by the required fee, and shall contain the following information:

(a) Name, address and telephone number of:

[1] Applicant;

[2] Owner of the property; and

[3] Contractor installing the sign.

(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 shall be included. In addition, a full description of the placement and appearance of the proposed sign shall be included and shall 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;

[3] Graphic design including symbols, letters, materials and colors; and

[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) Permit.

(a) Upon the filing of a completed application for a sign permit and the payment of the required fee, the Code Enforcement Officer 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 article, the Code Enforcement Officer shall then, within five days of receiving the application, issue a permit for the erection of the proposed sign, or for alterations of an existing sign. The issuance of the permit shall not excuse the applicant from conforming to the other laws, rules and regulations of the Town of Albion.

(b) 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, but may be renewed within 30 days prior to the expiration, for good cause shown, for an additional six months, upon payment of 1/2 of the original fee.

(4) Permit fee. Fees for the sign permits shall be fixed by the Town Board and listed in the fee schedule.

§ 103-33 Parking.

In all districts there shall be provided, at the time any building or structure is erected, enlarged, increased in capacity or changed in use, improved and usable off-street parking spaces for motor vehicles in accordance with the requirements of this section. None of the off-street parking facilities as required herein shall be required for any existing building or use, unless said building shall be enlarged or the use of said building or land is changed. In such cases, off-street parking facilities shall be provided as hereinafter specified for the building as enlarged or to accommodate the needs of the new use.

A. Design requirements.

(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) A parking space shall be not less than nine feet by 20 feet, exclusive of accessways and driveways. Single-family residences need not exclude driveway area.

(3) Off-street parking areas with a capacity for more than 20 vehicles shall delineate fire lanes and post "no parking" markers.

(4) 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.

(5) All off-street parking space shall be deemed to be required space on the lot on which it is situated and shall not be encroached upon or reduced in any manner.

(6) All parking areas, passageways and driveways (except where provided in connection with one- and two-family dwellings, or farm residences and buildings) shall be adequately drained and surfaced with a dustless, durable, all-weather surface, subject to approval of the Planning Board during site plan review.

(7) Each off-street parking space shall be so designed, maintained and regulated that no parking or maneuvering incidental to parking shall be on any public street, walk or alley, and so that any motor vehicle may be parked and unparked without moving or damaging another.

(8) The collective provision of off-street parking areas by two or more buildings or uses located on adjacent lots may be approved by the Planning Board provided that the total of such facilities shall not be less than the sum required of the various buildings or uses computed separately.

(9) No driveway to an off-street parking area shall be located closer than 50 feet to the intersection of any two streets or within 20 feet of any side lot line provided that sufficient distance will always remain for all required radii for said driveway. The distance from the driveway to the intersection shall be measured by extending the curbline of the intersecting street until it intersects the curbline, extending if necessary, of the driveway in question. In addition, a minimum distance of 20 feet shall be maintained between two driveways located on any one frontage.

(10) Except where otherwise specified in this chapter, off-street parking areas may be located in any yard space for nonresidential uses but shall not be located closer than 30 feet to the right-of-way line of all streets and no closer than 10 feet to any other property line.

B. Location of off-street parking facilities. Off-street parking facilities shall be located as hereinafter specified. Where a distance is specified, such distance shall be walking distance measured from the nearest point of the parking facility to the nearest public entrance of the building that such facility is required to serve.

(1) For one- and two-family dwellings and for all types of residential structures on the same lot with the building they are required to serve.

(2) For multiple-family dwellings, not more than 200 feet from the building they are required to serve.

(3) For other uses, not more than 500 feet from the building they are required to serve.

C. Screening and landscaping.

(1) Off-street parking areas for more than five vehicles shall be effectively screened on the rear and side yards by a fence of acceptable design, unpierced masonry wall, landscaped berm or compact evergreen hedge. Such fence, wall or hedge shall not be less than six feet in height and shall be maintained in good condition.

(2) Except where otherwise specified in this chapter, when a parking area for five or more vehicles is within or abuts a residential district, a planted buffer area not less than 10 feet in depth shall be provided in addition to the fence or wall specified in Subsection C(1) above. Landscaping utilized to provide this buffer shall not be less than four feet in height at the time of planting and spaced not more than three feet apart.

D. Lighting.

(1) All off-street parking areas and appurtenant passageways and driveways (excluding areas serving one- and two-family dwellings and farm dwellings) shall be illuminated adequately during the hours between sunset and sunrise when the use is in operation.

(2) Any lights used to illuminate an off-street parking area shall be so arranged as to reflect the light away from all adjoining property.

E. Units of measurement.

(1) In churches and other places of assembly in which patrons or spectators occupy benches, bleachers, pews or other similar seating facilities, each 20 inches of such seating facilities shall be counted as one seat for the purpose of determining requirements for off-street parking facilities.

(2) When units of measurement determining the number of required parking spaces result in the requirement of a fractional space, any fraction shall require one parking space.

F. Mixed occupancies and uses not specified. In any case of mixed uses, the total requirements for off-street parking facilities shall be the sum of the requirements for the various uses computed separately. In the case of a use not specifically mentioned in this section, the requirements for off-street parking facilities shall be determined by the Town Board. Off-street parking facilities for one use shall not be considered as providing required parking facilities for any other use, except as hereinafter specified for joint use.

G. Joint use. The off-street parking requirements of two or more uses, structures or parcels of land may be satisfied by the same parking or loading space used jointly to the extent that it can be shown by the owners or operators of the uses, structures or parcels that their operations and parking needs do not overlap in time. If the uses, structures or parcels are under separate ownership, the right to joint use of the parking space must be evidenced by a deed, lease, contract or other appropriate written document to establish the joint use.

H. Minimum parking standards.

(1) One parking space is required for every three seats in a public meeting place.

(2) One parking space is required for each employee on the maximum working shift in an industrial or light industrial establishment and one parking space per 250 square feet of gross floor area in a commercial establishment unless otherwise specified herein.

(3) One parking space is required for every 200 square feet of gross floor area in business uses and professional offices.

(4) One parking space is required for every 100 square feet of gross floor area in supermarkets and self service food stores.

§ 103-34 Off-street loading.

For every building, structure or part thereof having more than 4,000 square feet of gross building area erected and occupied for commerce and industry as well as other uses requiring the receipt and distribution of materials and merchandise by vehicles, adequate space for loading and unloading services shall be provided and permanently maintained in order to avoid undue interference with the public use of streets, alleys, or parking areas. Every building, structure or addition thereto having a use which complies with the above definition shall be provided with at least one truck standing, loading and unloading space on the premises not less than 12 feet in width, 55 feet in length, and 14 feet in height. One additional truck space of these dimensions shall be provided for every additional 20,000 square feet, or fraction thereof, of gross area in the building.

§ 103-35 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 Planning Board during site plan review 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 shall not be less than 20 feet nor more than 30 feet in width.

§ 103-36 Fences.

A. Fences may be erected, altered or reconstructed to a maximum height of eight feet for residential uses and 10 feet for nonresidential uses.

B. Fences may be substituted for lot line landscaping during site plan review, at the discretion of the Planning Board.

C. No fence shall cause obstruction of vision at street intersections.

D. Farm fencing 10 feet in height or shorter shall be exempt from these provisions. Farm fencing greater than 10 feet in height shall comply with the fencing provisions found in this chapter.

E. 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.

F. A finished side of any fencing shall front the neighboring properties.

§ 103-37 Recreational vehicles.

A. Recreational vehicles shall not be occupied outside of an approved campground for more than 72 hours on any basis, except with the consent of the private landowner. A temporary use permit may be granted by the CEO for single recreational vehicles to be occupied outside of approved campgrounds for a period not to exceed two weeks in duration.

B. No more than two recreational vehicles may be parked on any property at the same time.

C. Recreational vehicles shall not be placed in the front yard of land upon which there is a dwelling. In cases where a resident finds this to be an extreme difficulty or hardship to comply with, such as the presence of a septic system, leach bed or steep hillside which would make placing of fill material to build a level parking area impossible, presence of a stream or pond or any similar situation, a special permit may be applied for through a review by the Town Board. An inconvenience or expense that an applicant is trying to avoid in order to comply will not be considered a valid reason for an exception.

[Amended 10-28-2002]

D. Placement of occupied recreational vehicles shall be in accordance with the setbacks required for principal buildings in the respective zone of the property.

E. The recreational vehicle shall either have self-contained sanitation or be connected to adequate sanitation facilities.

§ 103-38 Nonconforming uses, lots and structures.

Lots, structures, uses of land, and characteristic 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 these regulations 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. General regulations.

(1) A nonconforming lot shall not be further reduced in size.

(2) A nonconforming building shall not be enlarged, extended or increased unless such enlargement would tend to reduce the degree of nonconformance.

(3) A nonconforming use shall not be enlarged or increased, nor extended to occupy a greater area of land than was occupied at the effective date of the adoption of this chapter.

(4) A nonconforming use may be changed into a conforming use. When a nonconforming use is changed to conform to the requirements of this chapter, the use of the building or tract of land shall not be changed again except in accordance with these regulations.

(5) Where such nonconforming use is upon the land itself and not enclosed within a structure or where such use involves the removal of soil, minerals or the excavation of gravel or rock or other material, such use may be continued upon the land being so used at the time of the adoption hereof. Any such nonconforming use of the land may be extended or expanded to include any part of the plot or parcel of land now being used or held in reserve for future use, provided such enlargement does not involve the use of any lot acquired or the excavation rights of which were acquired by the excavation operator after the effective date of this chapter. However, such extension or expansion of such nonconforming use shall comply with the setback and fencing requirements of this chapter.

(6) 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.

C. Restoration and alterations.

(1) A nonconforming structure damaged by fire or other causes to the extent of more than 75% of its assessed value shall not be repaired or rebuilt except in conformity with the requirements of these regulations. Residential property owners may rebuild a home, provided that:

[Amended 10-27-2014 by L.L. No. 1-2014]

(a) The property owner provides the Code Enforcement Officer an instrument survey map demonstrating that the new proposed structure meets all the required front, side and rear setback dimensions.

(b) The owner provides Orleans County Health Department approval for the new construction.

(c) Any proposed construction or restoration is in compliance with all applicable Town of Albion and New York State Uniform Codes.

(2) Nothing in this chapter shall prevent the strengthening or restoring to a safe condition any wall or roof which has been declared unsafe by the Code Enforcement Officer.

(3) Normal maintenance repairs and incidental alteration of a building or other structure containing a nonconforming use shall be permitted, provided it does not extend the area or volume of space occupied by the nonconforming use.

(4) Any building which is nonconforming due to insufficient yard distances or lot area shall not be considered a nonconforming use. Any alterations or structural changes may be accomplished within the existing frame of said building, but any additions shall conform to the specific setback and yard distance requirements of this chapter.

D. Discontinuance. In any district, whenever a nonconforming use of land, premises, building or structure, or any part or portion thereof, has been discontinued for a period of one year, such nonconforming use shall not thereafter be reestablished, and all future uses shall be in conformity with the provisions of this chapter. Such discontinuance of the active and continuous operation of such nonconforming use, or part of portion thereof, for such period of one year, is hereby construed and considered to be an abandonment of such nonconforming use, regardless of any reservation of an intent not to abandon same or of an intent to resume active operations. If actual abandonment in fact is evidenced by the removal of buildings, structures, machinery, equipment and other evidences of such nonconforming use of the land and premises, the abandonment shall be construed and considered to be completed and all rights to re-establish or continue such nonconforming use shall thereupon terminate.

E. Existing undersized lots of record.

(1) Any lot of record held in single and separate ownership prior to the adoption of this chapter and whose area and/or width and/or depth are less than the 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 adjoin 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) The minimum lot size of land for such nonconforming lot is at least 75 feet by 150 feet.

(2) In any district where residences are permitted, such undersized nonconforming lots may be used for not more than one single-family dwelling.

(3) A lot of nonconforming size may be subdivided if each and every subdivision of such lot is purchased by the owner or owners of the adjoining properties to increase the size of said owner's property.

§ 103-39 Pinball and video game arcades.

A. Pinball and video games arcades shall not be permitted as home occupations.

B. Arcades shall be closed between the hours of 12:00 midnight and 8:00 a.m.

C. No one under the age of 16 shall be permitted in an arcade while school is in session.

D. An owner or responsible person over the age of 18 shall be on the premises during all hours of operations.

§ 103-40 Alternate energy systems.

This section is intended to reduce impacts on neighboring property owners and health and safety problems which may accompany alternate energy systems.

A. All wind energy towers shall be located so as to allow an open zone around the tower on the owner's property and of a radius at least equal to the height of the tower.

B. All energy collection/storage facilities and appurtenant electrical equipment shall cause no undue interference or noise, or glare.

C. Windmill blades shall clear the ground at their lowest point by at least 20 feet.

D. Height exemption. The height limitations of this chapter shall not apply to wind energy towers or solar collectors provided that such structures are erected only to such height as is necessary to accomplish the purpose for which they are intended, and that such structures do not obstruct solar access to neighboring properties.

§ 103-40.1 Meteorological (MET) towers.

[Added 9-10-2007 by L.L. No. 6-2007]

A. Purpose. The purpose of these supplemental regulations is to promote health, safety and the general welfare of the residents of the Town of Albion, to provide standards for the safe provision of meteorological (MET) towers consistent with applicable federal and state regulations to minimize the total number of meteorological (MET) towers located in the Town of Albion to a maximum of four at any one time; and to minimize adverse visual effects from meteorological (MET) towers by requiring careful siting, visual impact assessment, and appropriate landscaping. The special use permit for the meteorological (MET) tower shall be for two years and may be renewed for one year, if the applicant can demonstrate the need for extra time to collect the wind energy data. In the event the applicant seeks additional time to collect the wind energy data beyond the initial two-year period, the applicant shall apply to the Town Planning Board at least 90 days prior to the expiration of the initial two-year period to request the extension of the period for data collection. Before said extension of said special use permit is granted, the applicant shall provide to the Town Code Enforcement Officer proof that said tower has been built and erected as recommended by the manufacturer of said tower. The meteorological (MET) tower shall be removed by the applicant at the end of two years or at the end of the extension time granted by the Town of Albion. See the current Town of Albion fee schedule for appropriate fees.

B. General criteria.

(1) No special use permit or renewal thereof or modification of a current special use permit relating to meteorological (MET) towers shall be authorized by the Planning Board unless it finds that:

(a) Such meteorological (MET) tower is necessary for the temporary collection of wind energy data;

(b) Such meteorological (MET) tower conforms with all applicable Town of Albion, New York State and federal regulations;

(c) Such meteorological (MET) tower is designed and constructed in a manner which minimizes visual impact to the extent practical;

(d) Such meteorological (MET) tower complies with all other requirements of this section, unless expressly superseded herein;

(e) Such meteorological (MET) tower is permitted only in the Agricultural/Residential District and not permitted in the R-1, General Business, PD, C, and Light Industrial (LI) Districts.

(f) The applicant has provided alternate sites for location of a meteorological (MET) tower within the proposed test area and that the location is the most appropriate site among those available within the test area for the placement of a meteorological (MET) tower.

(g) All necessary fees (special use permit fees, Town of Albion Engineer fees, performance bond and any other administrative expenses) have been paid to the Town of Albion by the applicant prior to the issuance of the special use permit.

(h) The applicant agrees to share the results of the wind energy collection data with the Town of Albion. When the test tower is succeeded by an application for a wind energy conversion system, the applicant will provide said data information in digital and hard copy.

(2) The issuance of a special use permit to an applicant for a meteorological (MET) tower shall count as part of the four allowed meteorological (MET) towers to be located in the Town of Albion. Once the special use permit has been granted to an applicant for construction of a meteorological (MET) tower, the applicant has 12 months to construct and erect the meteorological (MET) tower. If the meteorological (MET) tower is not constructed within 12 months, the special use permit issued by the Town of Albion shall become null and void and the applicant would have to reapply for a new permit.

C. Dimensional standards.

(1) A fall zone around any tower constructed, as part of a meteorological (MET) tower must have a radius at least equal to the height of the tower and any antennas attached upon its zenith. The entire fall zone may not include public roads and must be located on property either owned or leased by the applicant for which the applicant has obtained an casement, and may not contain any structure other than those associated with the meteorological (MET) tower. If the meteorological (MET) tower is attached to an existing structure, relief may be granted by specific permission of the Town of Albion Planning Board on a case-by-case basis.

(2) All meteorological (MET) towers shall be located on a single parcel.

(3) All meteorological (MET) towers shall comply with the setback standards of the underlying zoning district. The size of the leased or owned lot shall be, at a minimum, sufficiently large to include the entire fall zone. A lot leased or owned for the purpose of construction of a tower as part of the meteorological (MET) tower shall not result in the creation of a nonconforming lot. The frontage requirement for a building lot of the underlying zoning district shall not apply, provided the proposed partition is for the meteorological (MET) tower only and is not on a parcel to be partitioned for occupancy by staff of the entity constructing and utilizing the meteorological (MET) tower. Upon expiration of the permitted use, said lot shall automatically revert back to its original classification and zoning. In the absence of required frontage, an accessway for service vehicles, either through easement, lease or ownership, shall be in accord with Subsection F herein.

(4) Essential services, such as water, electric, gas, sewer, etc., shall be placed underground to the proposed site.

(5) The height of a meteorological (MET) tower (199 feet or less) shall be exempt from requiring an area variance. Any meteorological (MET) tower 200 feet or higher shall require an area variance.

D. Lighting and marking.

(1) Meteorological (MET) towers shall not be artificially lighted and marked beyond the requirements of the Federal Aviation Administration (FAA).

(2) Notwithstanding the preceding Subsection D(1), an applicant may be compelled to add FAA-style lighting and marking, if, in the judgment of the Town of Albion Planning Board, such a requirement would be of direct benefit to public safety.

(3) Meteorological (MET) towers shall comply with all FAA regulations as they apply to airports, regarding distance/location from airport, lighting and height.

E. Appearance and buffering.

(1) The use of a portion of a meteorological (MET) tower for signs for promotional or advertising purposes, including but not limited to company name, phone numbers, banners, streamers, and balloons, is prohibited. Tower space may not be leased out to any other vendors.

(2) The facility shall have the least practical visual effect on the environment, as determined by the Town of Albion Planning Board. Any tower that is not subjected to FAA marking, pursuant to Subsection D(1) and (2) herein, shall otherwise:

(a) Have a galvanized finish, or shall be painted gray above the surrounding tree line and gray or green below the tree line, as deemed appropriate by the Town of Albion Planning Board; or

(b) Be disguised or camouflaged to blend in with the surroundings, to the extent that such alteration does not impair the ability of the meteorological (MET) tower to perform its designed function.

(3) Accessory structures, if needed, shall maximize the use of building materials, colors, and textures designed to blend in with the natural surroundings.

(4) The Town of Albion Planning Board will require a State Environmental Quality Review (SEQR) full (Type 1 action) environmental assessment form (EAF) for proposed meteorological (MET) towers. A visual environmental assessment form (visual EAF) will be required as an addendum to the full EAF. The Planning Board may require submittal of a more detailed visual analysis based on the results of the visual EAF. Historic buildings and/or districts shall be part of the SEQR, and both the applicant and the Town of Albion Planning Board shall address any visual and historic impacts.

(5) The Town of Albion Planning Board shall require, where needed, that the meteorological (MET) towers have appropriate buffering around the fences of the tower base area, accessory structures and the anchor points of guyed towers to buffer their view from neighboring residences, recreation areas, or public roads. Such screening shall include the maximum feasible retention of existing vegetation. The Planning Board may similarly require screening adjacent to waterways, landmarks, refuges, community facilities, or conservation or historic areas within common view of the public.

(6) Equipment or vehicles not used in direct support, renovations, additions or repair of any meteorological (MET) towers shall not be stored or parked on the facility site.

F. Access and parking.

(1) Accessways shall make maximum use of existing public or private roads to the extent practicable. New accessways constructed solely for the meteorological (MET) tower must be at least 15 feet and closely follow natural contours to assure minimal visual disturbance and reduce soil erosion potential.

(2) The road surface (driveways) shall be centered within accessways and shall not comprise more than 60% of the width of the accessway.

(3) Parking areas shall be sufficient to accommodate the greatest number of service vehicles expected on the premises at any one time.

(4) Driveways or parking areas shall provide adequate interior turnaround, such that service vehicles will not have to back out onto a public thoroughfare.

G. Security.

(1) Towers, anchor points of guyed towers, and accessory structures shall each be surrounded by chain-link fencing at least six feet in height, the top foot of which may, at the discretion of the Town of Albion Planning Board in deference to the character of the neighborhood, be comprised of three strands of barbed wire to discourage unauthorized access to the site.

(2) Motion-activated or staff-activated security lighting around the base of a tower or accessory structure entrance may be provided if such lighting does not project off the site. Such lighting should only occur when the area within the fenced perimeters has been entered.

(3) There shall be no permanent climbing pegs within 15 feet of the ground of any tower.

(4) A locked gate at the junction of the accessway and a public thoroughfare may be required to obstruct entry by unauthorized vehicles. Such gate must not protrude into the public right-of-way.

H. Engineering and maintenance.

(1) Site plans for all meteorological (MET) towers must bear the seal of a professional engineer licensed to practice in the State of New York. Every facility shall be built, operated and maintained to acceptable industry standards, including but not limited to the most recent applicable standards of the Institute of Electric and Electronic Engineers (IEEE) and American National Standards Institute (ANSI).

(2) Every meteorological (MET) tower shall be inspected at least every second year for structural integrity by a New York State licensed engineer, if the special use permit is to be extended beyond two years. A copy of the inspection report shall be submitted to the Town of Albion Municipal Code Enforcement Officer.

(3) The municipality, at the expense of the applicant, may employ its own consulting assistance for site plan review to review the findings and conclusions of safety analysis, visual analysis, or structural inspection, provided by the applicant.

I. Removal.

(1) At the time of submittal of the application of a special use permit for a meteorological (MET) tower, the applicant shall submit an agreement to remove the tower and all equipment on the tower, driveways, structures, buildings, equipment sheds, lighting, utilities, fencing, gates, accessory equipment or structures after two years or the end of any extension granted by the Town of Albion. The applicant also agrees to remove any tower dedicated solely for use as a meteorological (MET) tower, if such meteorological (MET) tower becomes technologically obsolete or ceases to perform its originally intended function for more than 12 consecutive months. Upon removal of said facility, the land shall be restored to its previous condition, including but not limited to the seeding of exposed soils.

(2) At the time of obtaining a building permit, the applicant must provide a financial security bond in the amount of not less than $50,000 with the municipality as assignee, or deposit not less than $50,000 cash in escrow in the name of the Town of Albion for removal of the meteorological (MET) tower and property restoration if the applicant fails to timely remove the meteorological (MET) tower. The Town of Albion reserves the right to renew the terms of the bond.

(3) At times of renewal or modification of the special use permit, the Town of Albion Planning Board may adjust the required amount of the financial security bond to adequately cover increases in the cost of removal of the meteorological (MET) tower and property restoration.

§ 103-41 Habitation, size and width of dwellings.

A. All residential habitation shall be in residential dwellings as defined in this chapter.

B. No basement sited independently of a structure shall be used exclusively as a dwelling.

C. The minimum gross habitable floor area of any dwelling shall not be less than 840 square feet.

[Amended 10-28-2002; 10-27-2014 by L.L. No. 1-2014]

D. The minimum width of a dwelling, at its narrowest dimension, not including porches or patios, shall be 24 feet wide.

[Amended 10-28-2002]

E. The construction and installation of all structures and appurtenant utilities shall conform to provisions of the NYS Uniform Fire Prevention and Building Code and all other applicable standards.

F. All dwelling structures erected, built or placed in the Town \of Albion shall be placed on a full perimeter masonry foundation either of reinforced poured-in-place concrete or masonry block units. In the event of an alternate design submittal from a certified New York State registered design professional, a masonry enclosure of any perimeter bearing or non-load-bearing surface shall be required. The minimum surface coverage of the enclosure shall be from the finished grade to the bottom of the lowest floor support system.

[Added 12-9-2002; amended 10-27-2014 by L.L. No. 1-2014]

G. The following materials that may not be used for building a permanent or temporary structure:

[Added 8-11-2003 by L.L. No. 3-2003]

(1) Hay, straw, grass or similar material.

(2) Canvas, muslin, sailcloth, sheet plastic or polymerized sheet material used for tarpaulins or any similar sheet fabric material.

(3) Any material which would cause unsightly or undesirable appearance.

(4) Any material, the use of which would violate any New York State Building or Fire Code or result in an unstable structure as a result of the elements of wind, snow, ice or earthquake, per the New York State Building Code.

§ 103-42 Stripping of topsoil.

[Amended 12-8-2003 by L.L. No. 5-2003]

A. The stripping and sale of topsoil shall not be allowed, except that pursuant to a site plan approved in accordance with this chapter, topsoil removed to allow for the construction of buildings and not needed for landscaping or other restoration of the property may be removed from the property.

B. Notwithstanding any approval, nothing in this section shall allow mining, screening, sorting, or similar topsoil processing on the subject property.

§ 103-43 Storage of building materials.

No building materials of any kind shall be stored unhoused on any premises in any district, except during construction of a structure to be erected on the premises upon which said materials are stored for a period of not more than one year from the date of commencement of such storage.

§ 103-44 Swimming pools.

Private swimming pools shall be permitted in any Residential District provided that there is an existing residence on said lot and the following regulations are complied with:

A. Setbacks.

(1) Outdoor swimming pools shall be located in the rear or side yards and shall conform to the minimum setback requirements for a structure in the district. Aprons and decks which are accessory to a pool shall not be within the minimum setback area specified in the schedule for accessory uses.[1]

[1] Editor's Note: The Zoning Schedule is included at the end of this chapter.

(2) 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. Drainage. 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.

C. Water supply. 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.

D. Permits. 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.

E. Fences and gates shall be required, pursuant to the requirements of the NYS Uniform Fire Prevention and Building Code.

F. Ladders on all above ground pools shall be retractable or capable of being locked during all times the owner or occupant of the premises is not present at such pool.

G. This section does not apply to farm ponds or other natural or artificial made bodies of water located in residential areas.

§ 103-45 Satellite dish antennas.

This section is intended to provide the minimum level of control necessary to accomplish the health, safety, and aesthetic objectives of the Town.

A. Antennas smaller than 24 inches in diameter shall not be subject to these regulations.

B. All parabolic antennas larger than 24 inches in diameter shall be located on the ground at natural grade only and shall not be installed on or above any buildings.

C. All parabolic antennas larger than 24 inches in diameter will be located in rear or side yards, except they may be placed in a front yard if a two-hundred-foot setback from the front lot line can be obtained.

§ 103-46 Clear view of intersecting streets.

No obstruction to view in excess of four feet in height, measured perpendicular from the street grade, shall be maintained on the premises in the angle formed by intersecting streets (and on the main structure thereon) so as to interfere with the view of traffic approaching the intersection within the distance of 75 feet measured along the center lines of each street from the intersection thereof.