No use shall be permitted in the M-1 or M-2
District that does not conform to the following standards of use,
occupancy and operation hereby established as the minimum requirements
to be maintained:
A. Industrial wastes. No solid or liquid wastes shall
be discharged into any public sewer, private sewage disposal system,
stream or on or into the ground, except in accordance with the standards
approved by the Orange County Health Department or similarly empowered
agency.
B. Fire and explosion hazards. All activities involving,
and all storage of, flammable and explosive materials shall be provided
with adequate safety devices against the hazard of fire and explosion
and with adequate fire-fighting and fire suppression equipment and
devices standard in the industry.
C. Radioactivity or electromagnetic disturbance. No activities
shall be permitted which emit dangerous radioactivity beyond the structure
in which such activity is situated or electrical disturbance adversely
affecting the operation of any equipment other than that of the creator
of such disturbance.
D. Glare and heat. No glare or heat shall be produced
that is perceptible beyond the boundaries of the lot on which such
use is situated.
[Added 2-6-1995 by L.L. No. 1-1995]
A. Agricultural data statement: submission; evaluation.
Any application for a special use permit, site plan approval, use
variance or subdivision approval requiring municipal review and approval
by the Planning Board or Zoning Board of Appeals that would occur
on property within an agricultural district containing a farm operation
or on property with boundaries within 500 feet of a farm operation
located in an agricultural district shall include an agricultural
data statement. The Planning Board and/or Zoning Board of Appeals
shall evaluate and consider the agricultural data statement in its
review of the possible impacts of the proposed project upon the functioning
of farm operations within such agricultural district.
B. Agricultural data statement: notice provision. Upon
the receipt of such application by the Planning Board or Zoning Board
of Appeals, such board shall mail written notice of such application
to the owners of land as identified by the applicant in the agricultural
data statement. Such notice shall include a description of the proposed
project and its location and may be sent in conjunction with any other
notice required by state or local law, ordinance, rule or regulation
for said project. The cost of mailing said notice shall be borne by
the applicant.
C. Agricultural data statement: content. An agricultural
data statement shall include the following information: the name and
address of the applicant, a description of the proposed project and
its location, the name and address of any owner of land within the
agricultural district (which land contains farm operations and is
located within 500 feet of the boundary of the property upon which
the project is proposed) and a Tax Map or other map showing the site
of the proposed project relative to the location of farm operations
identified in the agricultural data statement.
D. Notice to county planning agency. The Planning Board
or Zoning Board of Appeals shall refer all applications requiring
an agricultural data statement to the county planning agency as required
by §§ 239-m and 239-n of the General Municipal Law.
[Amended 2-10-1992 by L.L. No. 2-1992; 2-11-2002 by L.L. No.
2-2002; 11-4-2013 by L.L. No. 4-2013]
A. Objective of sign ordinance. These regulations are promulgated for
the purpose of controlling existing and proposed outdoor signs of
all types which are visible from streets in the Village in order to:
(1) Promote public safety and welfare by reducing distraction and obstructions
to motorists which may contribute to traffic accidents and by reducing
hazards that may be caused by signs overhanging streets in the Village;
and
(2) Create a more attractive economic and business climate, lessen congestion
of land and air space, enhance and protect the physical appearance
of the community visible from the streets in the Village and provide
a more aesthetically enjoyable and pleasing community. It is further
intended to provide more visual open space and enhance the community's
appearance and attractiveness.
B. Unless specifically permitted herein or required to be permitted
as a matter of freedom of speech by the Constitution of the United
States or the Constitution of the State of New York, all signs are
prohibited.
C. Signs permitted in residence districts. The following signs shall
be permitted in residence districts:
(1) Real estate signs not exceeding six square feet in area, advertising
the sale, rental or lease of the premises on which they are maintained.
Such signs shall be distant at least 25 feet from any street line
or not more than five feet in front of any building that sets back
less than 25 feet from the street line.
(2) One nameplate or professional or announcement sign in connection
with a residential building not exceeding two square feet in area.
(3) One identification sign, not exceeding 16 square feet in area, for a place of worship, parish house, religious school building, hospital, nursing home, private school, apartment building or professional office (authorized per special use permit 9 of the RS District regulations), subject to Article
V hereof. Such sign shall refer only to the premises upon which it is located. Signs may be affixed to the wall of a building or freestanding. Freestanding signs shall be set back a minimum of 25 feet from the street line.
(4) A ground-mounted sign shall not project more than five feet above
the ground.
(5) A sign mounted on a building shall not project above the roofline
or a line five feet above the top of the roof beams where they join
the exterior bearing wall, whichever is lower.
D. Signs permitted in B-1 Districts. The following signs shall be permitted
in B-1 Districts:
(1) Any sign permitted in a residential district, according to residential
district regulations.
(2) Flat business signs which shall not project more than 12 inches beyond
the building facade and shall not extend above the roofline or a line
five feet above the top of the roof beams where they join the exterior
bearing wall, whichever is lower.
(3) Suspended business signs hung off buildings aver sidewalks no larger
than 12 square feet in size. Lowest edge of sign must be higher than
eight feet six inches over sidewalk surface and be supported solely
by the building (no post). Sign must not be closer than 12 inches
from road curb.
(4) The total surface display area of flat business signs and suspended
business signs shall not exceed in square feet two rimes the number
of linear feet of the width of the store or building frontage, except
that in the case of a corner lot such square foot display area may
be increased by one times the number of linear feet of the length
of the store or building which faces the secondary street. Said increased
permitted display area shall be used only for the erection of a permitted
sign on the length of the building or store which faces the secondary
street. Where the premises abut a parking lot, the total display area
may be increased by 1/2 times the number of linear feet of the width
of the store or other building fronting on such parking lot. Such
increased display area shall only be utilized for the erection of
a permitted sign on that part of the store or building which abuts
said parking lot.
(5) No sign of any kind shall be painted or mounted on the side of a
building facing an adjoining residence district, nor shall signs of
any kind be placed in the side yard or rear yard area adjoining a
residence district.
E. Signs permitted in B-2 Districts. The following signs shall be permitted
in B-2 Districts:
(1) Any sign permitted in a B-1 District, according to B-1 District regulations,
except suspended signs, which are permitted in B-1 District. However,
the maximum total area for all permitted flat signs shall not exceed
200 square feet for the frontage on one street and shall not exceed
400 square feet for all sides of a store or building.
(2) One identity sign per individual use, exclusive of uses in a shopping
center. One identity sign is permitted for a shopping center less
than 10 acres in area, and two identity signs are permitted for shopping
centers in excess of 10 acres.
(3) Identity signs, which shall not be over 20 feet high above ground
level with no part or projection closer to a street line than 20 feet.
(4) The maximum area far identity signs shall be:
(a)
For individual uses: 50 square feet for one face or 100 square
feet for the two faces of a double-faced sign.
(b)
For shopping centers: 100 square feet for one face or 200 square
feet for the two faces of a double-faced sign.
(5) In addition to identity and wall signs, gasoline filling stations
may have incidental signs indicating services, products, prices, trade
information or other information, not including product advertising,
which may be attached to the structure or may be listed an one permanently
installed sign structure at least 20 feet from any property line.
(6) No products or product containers or signs shall be closer to a street
line than 20 feet.
(7) The total sign area of incidental signs other than identity and wall
signs shall not exceed a total of 40 square feet.
(8) Billboards and other advertising signs which are not clearly visible
from any street in the Village.
F. Signs permitted in M Districts. The following signs are permitted
in M Districts:
(1) For each industrial establishment, one identity sign for each street
frontage, each with a maximum area of one square foot for each linear
foot of a building facade which fronts on a street.
(2) Flat wall signs located anywhere on the surface of the building,
but in no case shall they project above the roofline or a line five
feet above the top of the roof beams where they join the exterior
bearing wall, whichever is lower, or ground-mounted signs not to exceed
five feet in height and set back at least 25 feet from a street line.
(3) Billboards and other advertising signs which are not clearly visible
from any street in the Village.
G. Signs permitted in any district. The following signs shall be permitted
in any district and shall not require a permit:
(1) Construction. signs which identify the architects, engineers, contractors
and other individuals or firms involved with the construction, but
not including any advertisement of any product, and signs announcing
the character of the building enterprise or the purpose for which
the building is intended, during the construction period, to a maximum
area of 32 square feet for each industrial or B-2 use and to a maximum
area of four square feet for each firm in all other districts. The
signs shall be confined to the site of the construction and shall
be removed within 14 days of the beginning of the intended use of
the project.
(2) Real estate signs advertising the sale, rental or lease of the premises or part of the premises on which the signs are displayed, up to a total area of 12 square feet unless otherwise regulated by Subsection
C(1) above. Such signs shall be removed within 14 days of the sale, rental or lease of the premises.
(3) Political campaign signs announcing the candidates seeking public
political office and other data pertinent thereto or other signs publishing
noncommercial content, up to an area of 16 square feet for each premises.
These signs shall be confined within private property.
(4) A sign of the temporary poster-type erected for temporary use only
and displayed inside a business establishment or affixed to the outside
of its show window or on the building which houses such establishment,
advertising a special sale for a limited time only of goods, services
or entertainment on the premises where displayed; or a similar sign
not over three square feet in area advertising same civic event.
(5) Signs directing traffic movement onto a premises, not exceeding two
square feet in area for each sign. Horizontal directional signs on
and flush with paved areas are exempt from these standards.
(6) Signs of educational, religious, governmental or nonprofit organizations
containing general public information, or signs of public, quasi-public,
commercial, industrial or real estate development uses giving directions
thereto. Such signs:
(a)
Shall require approval of controlling agencies when located
on street rights-of-way.
(b)
Shall not exceed four square feet in area.
(c)
May be located on a premises other than that on which the use
to which the signs refer is located.
(d)
Shall be limited to three signs per use.
(e)
Shall be located at least 1,500 feet apart as measured along
a street.
H. Signs prohibited in any district. The following signs and types of
signs shall be prohibited in any district:
(1) Signs advertising a structure or device erected or maintained adjacent
to a state park or parkway in violation of § 13.07 of the
Parks, Recreation and Historic Preservation Law.
(2) Signs which contain or are an imitation of an official traffic sign
or signal or contain the words "stop," "go slow," "caution," "danger,"
"warning" or similar words.
(3) Signs or lights which are of a size, location, movement, content,
coloring, shape or manner of illumination which may be confused with
or construed as a traffic control device or which hide from view any
traffic or street sign or signal.
(4) Signs which move in any manner, consist of moving devices, have a
major moving part or which may swing or otherwise noticeably move
as a result of wind pressure because of the manner of their suspension
or attachment.
(5) Billboards and other advertising signs which are clearly visible
from a street in the Village, and signs mounted on rooftops and signs
which project out from buildings more than one foot.
(6) Freestanding or projecting signs within and area bounded by the intersection
of the right-of-way of two or more streets and located within 30 feet
from such intersection along the rights-of-way of such streets, except
informational signs erected by a governmental body.
(7) Signs that are displayed in such a manner as to be hazardous to traffic
or disturb occupants of any other building.
(8) Signs attached to or incorporated onto any utility pole or light
pole.
(9) Signs erected or located on, within or over any public right-of-way,
unless specifically permitted herein.
(10)
Except as otherwise permitted in this chapter, signs which are
not accessory to a use located on the premises.
I. Illumination of signs in any district. The following regulations
as to illumination of signs shall apply in all districts:
(1) Signs may be internally lighted or illuminated by a hooded reflector.
(2) No sign shall have blinking, flashing or fluttering lights or other
illuminating device which has a changing light intensity, brightness
or color.
(3) Exposed reflective-type bulbs or incandescent lamps which exceed
15 watts shall neither be used on the exterior surface of any sign
so as to expose the face of the bulb, light or lamp to any public
street or adjacent property nor be strung in a series of bulbs.
(4) In the B-2 District, signs, or portions of, can be of electronic
message display (EMD) provided they meet the following criteria.
(a)
EMD does not change more than once every eight seconds and the
electronic message center does not exceed 50% of total sign area permitted.
(b)
EMD change is to be instant and take no more than one second.
(c)
EMD will not flash, fade or scroll.
(d)
All devices will be required to have automatic dimming capability
that adjusts the brightness to the ambient light at all times of the
day and night.
(e)
Only one electronic message display per zoning lot. Gasoline
filling stations are allowed digital pricing at each pump not to be
included in overall sign allotment.
(5) In the M Districts, signs, or portions of, can be electronic message
display (EMD) provided they meet the following criteria.
(a)
EMD does not change more than once every (eight) seconds and
the electronic message center does not exceed 50% of total sign area
permitted.
(b)
Billboards and other advertising signs which are not clearly
visible from any street in the Village can be up to 100% EMD.
(c)
EMD change is to be instant and take no more than one second.
(d)
EMD will not flash, fade or scroll.
(e)
All devices will be required to have automatic dimming capability
that adjusts the brightness to the ambient light at all times of the
day and night.
(f)
Billboards and other advertising signs facing State Route 17/Interstate
85 must meet the more restrictive standard of state or Village requirements.
J. Noncommercial copy. Notwithstanding any other provisions of this
section, any sign authorized herein is allowed to contain noncommercial
copy in lieu of any other copy. Any provision authorizing commercial
copy may be read so as to authorize noncommercial copy in lieu thereof.
K. Severability. If any provision of this section or the application
thereof to any person or circumstance is held invalid, such invalidity
shall not affect other provisions or applications of this section
which can be given effect without the invalid provisions or application,
and to this end the provisions of this section are severable.
L. Governmental agencies. The provisions of this §
98-19 shall not apply to the Village of Chester.
[Amended 12-14-1987 by L.L. No. 2-1987]
A mobile dwelling shall be a special permitted
use as a temporary dwelling in all residential zones outside of the
RMH Zone, provided that they meet the lot size, minimum habitable
dwelling area and other requirements of the district and the following
regulations:
A. A renewable twelve-month permit shall be required
upon application to the Code Enforcement Officer and payment of a
fee in such amount as the Board of Trustees may establish from time
to time by resolution at a regular meeting thereof. Said schedule
of rates and charges shall be posted in the office of the Village
Clerk and shall be in effect 30 days after adoption of the resolution.
B. The mobile dwelling shall be the primary dwelling
unit on a conforming lot or, if secondary, not for the production
of income.
C. All utilities and other residential facilities shall
be properly installed and connected.
D. The area shall be well drained and have such grades
and soil as to make it suitable for the purpose intended.
E. Each mobile home site shall be provided with a four-inch
concrete slab or stone paving on a stable base at least 10 feet by
18 feet in size for use as a terrace and so located as to be adjacent
and parallel to the mobile home.
F. A skirt or other screening and foundation shall be
provided around the base of the mobile home.
G. Gas and oil storage facilities shall be underground
or in inconspicuous shelters.
[Added 12-14-1987 by L.L. No. 2-1987]
Accessory apartments shall be permitted in an
owner-occupied residential dwelling by a member of the same family
in any dwelling located within the residential zoned district within
the Village of Chester, with the result that there may be two distinct
living units in a residential dwelling that may have been originally
designed, built and occupied as a single-family residential unit as
defined in the Zoning Law of the Village of Chester.
[Added 12-14-1987 by L.L. No. 2-1987]
An accessory apartment shall not receive either
a certificate of occupancy or site plan approval as provided for in
the Zoning Law of the Village of Chester unless:
A. The apartment should be located within an owner-occupied
single-family dwelling and occupied by members of the same family.
B. The apartment shall have at least 450 square feet
of habitable floor area which shall not exceed 50% of the habitable
floor area of the entire dwelling.
C. The apartment shall be served by one off-street parking
space in addition to the required number of off-street parking spaces
for the single-family residential dwelling.
D. The apartment shall be served by the facilities of
the Orange County Sewer District No. 1 or similar municipally operated
sewer systems.
E. It shall also be served by a municipally maintained
water system.
F. Only one apartment will be created within a single-family
dwelling.
G. The owner(s) of the single-family dwelling in which
the accessory unit is created shall occupy at least one of the dwelling
units on the premises, except for bona fide temporary absences.
H. The dwelling shall have only one front entrance and
only one entrance from any other facade of the structure. An entrance
leading to the foyer with entrances leading from the foyer to each
of the dwelling units will be acceptable.
I. The design and size of the apartment conforms to all
applicable standards in health, building and other codes.
J. The installation of the details shown upon the site
plan as approved shall be a condition of the issuance of this certificate
of occupancy and the failure to install such or the removal of said
details shall be grounds for revocation of the certificate of occupancy
issued for said accessory apartment.
K. The certificate of occupancy issued for an accessory
apartment shall be valid for a period of two years from the date of
issuance.
L. Notwithstanding a certificate of occupancy therefor,
the right to maintain or occupy an accessory apartment shall be automatically
terminated upon the happening of any of the following events:
(1)
Sale of the real property, conveyance of the
property by means of a contract of sale over a period of time which
anticipates a transfer of title in fee simple or a lease for a period
of three or more years.
(2)
Occupancy by the owner of the dwelling at another
residency for four months or more.
(3)
A material change in the elements of the approved
site plan or building construction plans.
[Added 12-14-1987 by L.L. No. 2-1987]
A. The certificate of occupancy issued for any accessory
apartment shall be valid for a period of two years from the date of
its issuance. The Code Enforcement Officer shall not issue a renewal
of such certificate of occupancy if any material element of either
the site plan, construction plan or structural plan shall have changed
since the original certificate of occupancy issued. In such event,
the Code Enforcement Officer shall treat the accessory apartment as
if no certificate of occupancy had existed and shall require such
additional site, construction and structural plans and specifications
as may be necessary for the qualification of such an accessory apartment
under provisions of the Zoning Law of the Village of Chester.
B. A new owner who occupies the dwelling shall have the
right to maintain the accessory apartment notwithstanding any language
to the contrary, provided that he shall have applied for a certificate
of occupancy to maintain the accessory apartment within one month
of the purchase of the dwelling by him or her.
C. Accessory apartments in owner-occupied single-family
dwellings will only be permitted in residential zoning districts of
the Village of Chester. No office, retail, service, commercial or
home-occupation use shall be permitted on the premises or within the
structure containing the accessory apartment. The resident structure
which existed as of the effective date of the issuance of the certificate
of occupancy should not be expanded by more than 10% of its area on
the exterior in order to accommodate the accessory apartment.
[Added 12-14-1987 by L.L. No. 2-1987]
A. Definitions. As used in this section, the following
terms shall have the meanings indicated:
SATELLITE EARTH STATION ANTENNA
A dish antenna or similar device designed to receive electromagnetic
or microwave signals from satellites or earth sources.
B. Permit required; fee. No satellite earth station antenna, including its mount, shall be built, erected or modified until a building permit is issued by the Code Enforcement Officer. Any person, including corporations, partnerships, associations or any other legal entity, applying for such a permit shall furnish to the Code Enforcement Officer such plans, drawings and specifications as the Code Enforcement Officer may reasonably require as to the satellite earth station antenna to be constructed, erected or modified, and shall pay a fee in the amount required by Chapter
47 of the Code at the time of said application. Said fee shall be increased or decreased as the Village Board of Trustees may establish from time to time by resolution of the Board of Trustees at a regular or special meeting thereof. The amended fee shall be posted in the office of the Village Clerk and shall be in effect 30 days after adoption of the resolution.
C. Design and performance standards.
(1)
All satellite earth station antennas shall be
deemed "accessory buildings," as said term is defined in the Zoning
Law of the Village of Chester.
(2)
All satellite earth station antennas shall be
located only to the rear of the principal building or structure on
the lot and, notwithstanding other provisions in the Zoning Law to
the contrary, shall not be located any nearer to any property line
than permitted for a principal building in the district within which
it is located.
(3)
A satellite earth station antenna shall not exceed 15 feet in height. A satellite earth station antenna may only exceed 15 feet in height upon obtaining a special use permit from the Planning Board pursuant to Article
V of Chapter
98.
(4)
The location and design of the satellite earth
station antenna shall reduce to a minimum visual impact, nuisance
and distractive influence on surrounding properties through the use
of structures, architectural features, earth berms and/or landscaping
that harmonizes with the elements and characteristics of the property.
(5)
Such satellite earth station antenna must be
properly colored so as to conform to the surrounding area, and such
antennas are prohibited from being located in the front yard.
(6)
No such satellite earth station antenna shall
be installed on or above any building or structure, but shall be freestanding.
(7)
All satellite earth station antennas shall be reasonably screened to minimize the view of the antenna from public thoroughfares and the ground level of adjacent properties. Such screening shall be approved by the Code Enforcement Officer and shall be subject to the requirements of §
98-14, entitled "Fences and walls." All screening shall be maintained as originally approved. If the screening is not so maintained, any building permit granted in connection with the satellite earth station antenna is subject to revocation by the Code Enforcement Officer.