Town of Sweden, NY Article V Regulations for Certain Uses

§ 175-23 Nonconforming uses.

[Amended 8-22-2006 by L.L. No. 3-2006]

A. A lawful use of property existing at the time of the enactment and amendment of this chapter that does not conform to the regulations prescribed in this chapter shall be deemed a nonconforming use and may be continued.

B. A nonconforming use, if changed to a conforming use, may not be changed back to a nonconforming use. Whenever a nonconforming use has been discontinued for a period of one year, such use shall not thereafter be reestablished and any further use shall be in conformity with the provisions of this chapter.

C. Nothing in this chapter shall prevent the restoration within one year of a building destroyed by fire or act of God or prevent the continuance of the use of such building when so restored, and this period for restoration may be extended an additional year if within one year from the date of destruction there is filed with the Town Clerk a notice of intention to rebuild.

§ 175-24 Home occupations.

[Added 8-22-2006 by L.L. No. 3-2006; amended 7-25-2017 by L.L. No. 5-2017; 2-9-2021 by L.L. No. 1-2021]

A home occupation shall be permitted in a residential dwelling in any district in the Town. Prior to operating as a home occupation, a permit must be obtained from the Sweden Town Code Enforcement Officer, provided the following standards and provisions are maintained as set forth hereinbelow.

A. "Home occupation" includes, but is not limited to, art, photograph studios, dressmaking, physician office, dental office, lawyer office, engineer office, architect office, accountant office, insurance agent, real estate agent, teaching musical instruction (limited to a single pupil at a time) and beauty shops operated by a person occupying the dwelling. Home occupation exclusions include, but are not limited to, dog boarding kennels, automotive repair shops, mechanical repair shops, group band instruction, convalescent homes and mortuary establishments.

B. Not more than one person outside of the immediate family residing in a dwelling may be engaged in a home occupation.

C. No more than 25% of the gross floor area of the residence shall be used for conducting a home occupation, except that a bed-and-breakfast is exempt from this requirement.

D. One sign shall be permitted to identify a home-based business. No sign shall have more than two printed sides. All signs shall comply with Town Code § 175-30.

E. There shall be no outdoor storage or display of materials, goods, supplies or equipment related to a home occupation.

F. A home occupation shall not create noise, dust, vibration, odor, smoke, glare, electrical interference, fire hazard or any other hazard or nuisance greater or more frequent than that usually experienced in a neighborhood where a home occupation is located.

G. The appearance of a dwelling shall not be altered, and the occupation within the residence shall not be conducted, in a manner that would cause a premises to differ from the residential character of the dwelling or the residential neighborhood in which a home occupation is located by the use of colors, materials, construction, lighting or the emission of noise, dust, vibration, odor, smoke, glare, electrical interference, a fire hazard or any other hazard or nuisance greater or more frequent than that usually experienced in a neighborhood where a home occupation is located. No mechanical, electrical or other equipment that produces noise, dust, vibration, odor, smoke, glare, electrical interference, a fire hazard or any other hazard or nuisance greater or more frequent than that usually experienced in a neighborhood where a home occupation is located shall be permitted.

H. No more than two licensed commercial vehicles (each one ton or less) may be used in connection with a home occupation.

I. A bed-and-breakfast is considered a home occupation. As such, a bed-and-breakfast is required to obtain an operating permit.

J. All permits shall be automatically renewed annually unless violations have been filed in the Town office. Permits that are not automatically renewed in a timely fashion shall give rise to the Sweden Town Code Enforcement Officer reviewing same before continuation of said home occupation.

§ 175-25 Buildings and structures.

No principal building or accessory building shall be constructed, located or relocated upon any land in the Town of Sweden until there has been filed with the Town Clerk an application, in duplicate, a map (plot plan), and plans and permits, if required by the county or state, complying with the following provisions:

A. Application.

(1) The name and address of the applicant.

(2) A detailed explanation of the construction, location or relocation to be made.

(3) A statement as to the ownership of the premises and the interest of the applicant in the same.

(4) A statement that construction, location or relocation shall not be changed or expanded without a further permit.

(5) Such other information as may be required by the Town Clerk or other proper officers of the Town of Sweden to assist in the execution of their duties in connection with this chapter.

B. Map. Every application shall be accompanied by a complete map (plot plan) drawn to scale showing the real property affected and indicating thereon the construction, location or relocation to be made. Setbacks on front and sides shall be shown. Sewer and water connections shall be indicated. Where municipal sewers are not available, Monroe County Health Department approval of the proposed septic system shall be provided.

C. Permits. If property is located on a state highway and any work is to be done in or adjacent to the highway right-of-way, a permit from the State of New York Department of Public Works must accompany the application above described. If property is located on a county road, a permit under § 136 of the Highway Law, issued by the Monroe County Department of Public Works, must accompany the application.

D. Plan.

(1) Residential. If the building is to be used as a residence, construction plans shall be submitted, in duplicate, to the Town Clerk. When approved by the Town Code Enforcement Officer, one copy of such plan, marked "Approved," shall be returned to the applicant so filing, together with the permit stating the construction, location or relocation allowed. The applicant shall pay the Town Clerk a fee as set by the Town Board.

(2) Business (commercial). If the building is to be used for an enterprise of a commercial nature, a site plan, approved in accordance with § 175-11, shall be on file in the office of the Town Clerk. The following are also required: two copies of the construction plan of the proposed building, showing details normal to construction. When approved by the Town Code Enforcement Officer, Town Architect and/or the Town Engineer, one copy of such plan so marked "Approved" shall be returned to the applicant so filing, together with a permit stating the construction allowed. The applicant shall pay the Town Clerk a fee as set by the Town Board.

[Amended 8-22-2006 by L.L. No. 3-2006]

(3) Industrial (manufacturing). If the building is to be used for an enterprise of an industrial nature, a site plan, approved in accordance with § 175-11, shall be on file in the office of the Town Clerk. The following are also required: two copies of the construction plan of the proposed building, showing details normal to construction. When approved by the Town Code Enforcement Officer and/or the Town Engineer, one copy of such plan so marked "Approved" shall be returned to the applicant so filing, together with a permit stating the construction allowed. The applicant shall pay the Town Clerk a fee as set by the Town Board.

[Amended 8-22-2006 by L.L. No. 3-2006]

(4) Accessory buildings and/or farm buildings. If the building is to be used as an accessory or farm building, an application therefor shall be made to the Town Clerk, who shall require construction plans and/or building description as the Clerk, in his or her discretion, shall determine necessary. When approved by the Town Code Enforcement Officer, one copy of such plan or description shall be returned to the applicant so filing, together with the permit stating the construction, location or relocation allowed. The applicant shall pay the Town Clerk a fee as set by the Town Board.

E. Duration. Every permit shall expire 12 months after the issuance thereof unless construction shall have commenced and written notice been received by the Town Clerk of the commencement of such construction within said period, and it shall expire 15 months after date of issuance in any event. A permit can be extended one time for good cause at the Code Enforcement Officer's option for no longer than six months. In the event that construction, location or relocation of any principal building or accessory building is incomplete at the expiration of such permit, subsequent permits shall be issued after application and payment to the Town Clerk of a construction fee equivalent to the original fee.

[Amended 8-22-2006 by L.L. No. 3-2006]

§ 175-26 Accessory buildings.

No barn or accessory building shall be constructed nearer to the highway line than is permitted for a residence building, nor to any side or rear lot line than 10 feet. A garage attached to a residence building shall be deemed an accessory building for the purposes of this chapter, and when such structure is planned to be attached to the side of a residence building it shall not be nearer than 10 feet to the side lot line.

§ 175-27 Corner lots.

In case of a building hereafter erected or built on a corner lot, the minimum front and side yards shall be the same as the adjoining front yard on either street or road.

§ 175-28 Swimming pools.

Before commencing the installation of any swimming pool, a permit authorizing such work shall be obtained from the Town Clerk. Application and plot plan complying with the following provisions are required.

A. The application shall include:

(1) The name, address and phone number of the property owner.

(2) The name, business address and phone number of the contractor.

(3) The type of property (residential, multifamily or apartment complex).

(4) A statement that construction or location shall not be changed or expanded without amending the permit.

(5) Such other information as may be required by the Town Clerk or other proper officer of the Town of Sweden.

(6) An application fee as established by the Town Board.

B. Plan. The application shall be accompanied by a complete plot plan drawn to scale showing pool dimensions, depths, volume in gallons and proposed pool location.

C. General regulations.

(1) Swimming pools shall conform to setbacks as required by this chapter for accessory buildings: 75 feet front and not nearer than 10 feet to side and rear property lines.

(2) Swimming pools must be fenced according to the New York State Building Code, § 3109.

[Amended 8-22-2006 by L.L. No. 3-2006]

(3) All pool installations requiring electrical wiring must be inspected by the Town's authorized electrical inspectors.

(4) The Town of Sweden Code Enforcement Officer must issue a final approval.

(5) See National Electrical Code Article 680 for wiring regulations.

(6) In-ground pools must be at least 15 feet from all basement walls.

§ 175-29 Lighting standards and regulations.

[Added 8-22-2006 by L.L. No. 3-2006]

A. Purpose and intent. It is the purpose and intent of this section to:

(1) Control outdoor lighting for the safety of motorists and pedestrians as well as aiding in law enforcement functions and reducing crime through the proper design and use of outdoor lighting to ensure nighttime appearance consistent with overall community goals or enhancing the attractiveness of businesses, streets and other portions of the environment;

(2) Provide the regulatory framework to ensure the installation of safe and attractive outdoor lighting needed to protect the health, safety and welfare of the residents and visitors to the community;

(3) Provide more specific guidelines for site plan applications and standards in regard to lighting, in order to maximize the effectiveness of site lighting, to avoid unnecessary upward illumination and illumination of adjacent properties and to reduce glare; this section will control unwanted glare and light trespass onto neighboring properties, roadways and the night sky; and

(4) Have all exterior lights and illuminated signs designed, located, installed and directed in such a manner as to prevent objectionable light at (and glare across) the property lines and glare at any location on or off the property. The maintained horizontal illuminance recommendations, as established by the Illuminating Engineering Society of North America (IESNA), shall be observed.

B. Applicability. All private outdoor lighting shall be in conformance with the requirements of this section.

C. General requirements for all commercial and industrial zoning districts.

(1) All outdoor lighting fixtures, including display lighting, shall be shielded, turned off after close of business, unless needed for safety or security, in which case the lighting shall be reduced to the minimum level necessary and may operate on motion detectors/sensors.

(2) Petroleum stations. Island canopy ceiling fixtures shall be recessed.

(3) Recreational facilities, public or private. Lighting for outdoor recreational facilities shall be shielded according to the requirements set forth in Subsection D below.

(4) All light fixtures that are required to be fully shielded shall be installed and maintained so that the shielding is effective.

D. Shielding requirements.

	Fixture/Lamp Type	Shielding Required
	Low/high-pressure sodium, metal halide and fluorescent mercury vapor over 70 watts	Fully
	Incandescent over 75 watts	Fully
	Incandescent 75 watts or less	None
	Fossil fuel	None
	Any light source of 70 watts or less	None

E. Exceptions:

(1) Any spot or flood luminaire having initial source lumens of 900 or less, provided that no direct light is focused so as to cause avoidance glare on adjoining property or roadways. Such luminaire may be redirected or its light output controlled so as to eliminate this glare and be eligible for exemption under this section.

(2) Temporary circus, fair, carnival or civic uses.

(3) Construction or emergency lighting, provided that such lighting is temporary and is discontinued immediately upon completion of the construction work or abatement of the emergency necessitating said lighting.

(4) Temporary lighting.

(5) Lighting associated with agricultural pursuits within an established state agricultural district.

F. Prohibited lighting for nonresidential uses.

(1) All moving, revolving and flashing lights.

(2) Laser source lighting or any similar high-intensity light for outdoor advertising or entertainment, when projected above the horizon.

G. Lighting standards. All exterior lights and illuminated signs shall be designed, located, installed and directed in such a manner as to prevent objectionable light at (and glare across) the property lines and glare at any location on or off the property. The maintained horizontal illuminance recommendations set by the Illuminating Engineering Society of North America (IESNA) shall be observed.

H. Submittal requirements. All applications for site plan and/or special use permit approval shall require a lighting plan showing conformity with standards contained in this section. Such lighting plan shall indicate the location, type of lamp, luminaire, mounting height, source lumens, illuminance and glare control options, if any, for each light source and area. Illuminance may be plotted using manufacturer's photometric charts or the Planning Board may require iso-footcandle drawings to examine the interaction of all lighting on the site. Any additional documentation necessary to show conformance to the standards set forth in this section shall also be provided. Additions or changes to an approved lighting plan shall be considered under the site plan review provisions of this chapter.

I. Illuminance and uniformity.

(1) Lighting in conformance with this section is required for all parking lots having five or more cars. Light levels shall be designed to meet but not to exceed the latest recommended levels from IESNA for the type of activity/area being lighted except light levels for ATM's which shall be in accordance with the New York State ATM Safety Act. Where no standard is available from IESNA, the applicable standards shall be determined by the Planning Board taking into account the levels for the closest IESNA activity.

(2) Uniform light levels shall be achieved on the site. The uniformity ratio (average to minimum) shall not exceed 3:1 for parking and traffic areas nor 4:1 for pedestrian areas.

(3) Design should establish a hierarchy of lighting to ensure a smooth transition from bright areas to those with subdued lighting.

(4) Maximum to average light levels should be kept within a 6:1 ratio. Light levels shall be maintained at design levels with lamp or luminaire replacement as needed.

J. Light source visibility. The visibility of the light source inside a luminaire is restricted to the following:

(1) Nonresidential zones. Direct light shall not be visible above six feet at the adjoining public roadway pavement edge, or 25 feet beyond the property lines, except no such restriction for lighting site entrances.

(2) Residential zones and where adjacent property is in a residential zone. Direct light shall not be visible above ground level at the adjoining public roadway pavement edge, or 25 feet beyond the property line or at the dwelling unit, whichever is less, except no restriction for lighting site entrances.

K. Luminaires. All luminaires whose initial source lumens are greater than 1,800 must meet the following requirements:

(1) Have a cutoff angle of 90° or less.

(2) Wall-pack units are required to be opaque shielded or have optics that provide a cutoff angle of 70° or less.

(3) Canopy lights must be recessed or have side shields.

L. Mounting heights.

(1) Roof-mounted area lighting is prohibited.

(2) Mounting heights shall be no higher than 30 feet.

M. Light trespass. Light trespass shall be limited to the following:

(1) In all zoning districts, at the pavement edge of adjoining public roads: a maximum of 0.5 footcandle, except for site access points where a maximum of one footcandle at the pavement edge is permitted.

(2) Residential districts and where an adjacent property is in a residential district: a maximum of 0.2 footcandle 25 feet beyond the property line or at the dwelling unit, whichever is less.

(3) Nonresidential districts: no maximum limit; however, light trespass shall be based upon adjoining uses and light levels to ensure that IESNA standards are not exceeded.

N. Nonconforming lighting. All outdoor lighting lawfully existing prior to the effective date of this chapter shall be deemed conforming to this section, except that:

(1) No installation of new luminaires (e.g., fixture and bulbs) shall be permitted unless in conformance with this section.

(2) For all outdoor lighting that, in the opinion of the Code Enforcement Officer, is causing a glare on adjoining roadways or properties, lighting details shall be required to be submitted to the Code Enforcement Officer showing that the existing lighting meets the requirements of this section or how such lighting will be brought into conformance.

§ 175-30 Signs.

[Amended 11-9-2004; 5-10-2005 by L.L. No. 2-2005; 5-10-2005 by L.L. No. 4-2005; 8-22-2006 by L.L. No. 3-2006; 3-25-2008 by L.L. No. 4-2008; 10-29-2013 by L.L. No. 2-2013]

A. Definitions. As used in this section, the following terms shall have the meanings indicated:

GROUND FLOOR FACE AREA

The area contained within the two end walls of the building or the two side walls of the tenant space and the first floor ceiling height. For buildings or tenant spaces sharing a common wall, the center line of the wall dividing the two adjacent tenant spaces or buildings shall describe the end wall of the building.

SIGN

As used in this section, the term "sign" shall be defined as provided in § 175-7. The various types of signs permitted in the Town of Sweden are:

(1) BUSINESS SIGN A sign which directs attention to a business or profession conducted or to products sold upon the same lot.

(2) OFF-SITE ADVERTISING SIGN A sign which directs attention to a business, commodity, service or entertainment conducted, sold or offered elsewhere than upon the same lot.

(3) ILLUMINATED SIGN Any sign designed to give forth any artificial light or designed to reflect such light deriving from any source which is intended to cause such light or reflection. A light-emitting diode (LED) sign is considered an illuminated sign.

(4) FLASHING SIGN Any illuminated sign on which the artificial light is not maintained stationary and constant in intensity and color at all times when in use. (See "changeable-copy sign" below.)

(5) CAMPAIGN SIGN Any sign, which directs attention to a political candidate or to a nonprofit organization fund-raising event.

(6) FREESTANDING or GROUND-MOUNTED SIGN Any single- or double-sided sign on the premises of the business which is not attached to or part of any building, but separate and permanently or temporarily affixed by any other means in or upon the ground. Any monument or freestanding sign, as permitted, may be single- or double-sided.

(7) BUILDING-MOUNTED SIGN Any sign attached to the face or roof of any building in which the advertised business is conducted.

(8) TEMPORARY or SPECIAL EVENTS SIGNS On-premises signs, posters, flags, tents, searchlights, etc., for grand openings, sales and special events for a limited time period.

(9) CHANGEABLE-COPY SIGN (variable message or graphics) A sign that contains a message, text or graphics that can be changed intermittently, either manually or electronically, to display a different message.

(10) TOURIST-ORIENTED DIRECTIONAL SIGN A sign placed in the Town right-of-way providing directional information to the motoring public for natural phenomena, historic, cultural, educational, religious, and business sites.

(11) BUILDING-MOUNTED DIRECTORY SIGN A building-mounted sign placed adjacent to or directly above an entrance to a building providing information as to the departments and/or businesses which may be accessed through that entrance door.

(12) FREESTANDING DIRECTORY SIGN A sign mounted below a freestanding sign, or independently ground-supported, which list the tenants in a plaza or building.

(13) TEMPORARY DAILY or A-FRAME SIGN A one- or two-sided sign used to advertise daily specials being offered at a particular business and which is removed at the close of business each day.

SIGN AREA

The area of the smallest square or rectangle capable of enclosing all parts of said sign when the base line of the square or rectangle is in a horizontal position.

TOTAL SIGN AREA

The total of all types of individual signs which are attached to a building or to the support(s) of a freestanding or ground-mounted sign.

B. Allowable signs. Table A shall be utilized to determine the types and sizes of signs allowed in the Town of Sweden.[1]

[1] Editor's Note: Table A is included as an attachment to this chapter.

C. Provisions.

(1) No signs, balloons, banners, posters, or flags are permitted be attached to any utility pole or to any traffic control signs or devices.

(2) No signs, banners, posters, flags, tents, or searchlights will be permitted in the Town of Sweden which do not comply with state or federal regulations (such as Federal Aviation Administration).

(3) Freestanding and building-mounted signs may be illuminated.

(4) Only one freestanding permanent sign will be permitted on any one parcel.

(5) Building-mounted signs will be permitted only on one side of a building. Where the building is on a corner lot or where one side of the building faces a public street and another side faces a public parking lot for that business, additional building-mounted signs for the business occupying the building will be permitted on the building sides facing each public street and the parking lot. The face of said sign shall be in a plane parallel to the face of the building at a distance therefrom of not more than two feet and shall not extend within two feet of either end of the building. The area of any building-mounted sign shall not exceed the area permitted in Table A.

(6) Except as noted herein, no off-site advertising signs will be permitted which are not located on the premises of the business or event. Permission to erect signs on properties not owned by the person(s) erecting such signs must be obtained from the property owner.

(7) Except for vehicles which are offered for sale or lease by the business, no vehicles exceeding 3/4 ton in capacity or trailers owned or operated by any business located on the premises or property shall be parked or stored nearer to the road than the front of the building. All vehicles on the property shall be licensed and inspected.

(8) Except for special events, as noted below in Subsection C(9), or vehicles offered for sale or lease, vehicles parked closer to the road than the front of the building shall have no information other than the name of the business, address, phone number, and permanently mounted graphics and/or signs placed on the vehicle. Signs placed upon the windows of a vehicle offered for sale or lease which advertise the price of said vehicle will be permitted.

(9) No banners, posters, flags, tents, or searchlights which are attached to any vehicle, ground, or building shall be allowed without a special events permit. Signs, banners, balloons, posters, flags, tents, searchlights, etc., for grand openings, sales and special events may be used for a limited time period (not to exceed seven consecutive days for each event) upon issuance of a special events permit.

(10) Tourist-oriented directional signs shall meet New York standards for tourist-oriented directional (TOD) signs as promulgated by New York State Department of Transportation. The Town of Sweden will issue permits for such signs located on Town roads. TOD signs may be placed in the right-of-way for Town roads. Permits for such signs located on Monroe County or New York State roads must be obtained from the county or state.

(11) Except as noted herein, no signs or portions of any sign shall be placed in the highway right-of-way. Various signs shall be set back from the highway right-of-way as noted in the comments section of Table A.

(12) No illuminated sign shall produce light levels greater than those permitted in § 175-29 of this Code. No types of lighting, including strobe or flashing lighting, will be permitted on any sign, which does not conform to § 175-29 of this Code. LED signs must be programmed to dim so that the sign brightness between sunset and sunrise is 10% of the daytime brightness.

(13) The portion of any sign or individual sign containing variable messages, graphics, or changeable copy shall have a maximum size of 75% of the area permitted for that particular ground- or building-mounted sign.

(14) Each image or graphical display on a variable message sign shall be limited to a time interval of no less than five seconds. Scrolling messages will be permitted. Flashing images with a duration of less than five seconds will not be permitted. Video-type graphics will not be permitted.

(15) No noise-producing signs will be allowed.

(16) No signage shall be constructed, mounted, displayed, flown or hung higher than the highest part of the principal building on said property.

(17) Off-site temporary advertising signs shall not be placed prior to 45 days preceding the event and shall be removed within 48 hours after the event.

[Amended 2-9-2021 by L.L. No. 1-2021]

(18) Signs advertising the name, location and type of agricultural products sold shall be allowed to be placed off site pursuant to each of the following:

(a) Products sold shall be grown on a farm located at the location of the sale.

(b) Products shall be directly linked to the product grown.

(c) Signs shall be placed no longer than the season pertaining to such product.

(d) Signs shall be limited to six square feet.

(19) Signs shall be maintained as required in § 141-5 of the Code.

D. Application.

(1) Permanent signs. No sign requiring a permit shall be constructed on any lands in the Town of Sweden until there has been filed with the Town Clerk an application and plans including the following provisions:

(a) A scale drawing showing all basic dimensions, location on building, design and layout, and, in the case of a freestanding sign, a plot plan showing the location on the premises.

(b) A description of lighting.

(c) The signature of the party making the application.

(d) The signature of the property owner, if different.

(e) A statement that the sign shall not be enlarged, changed or relocated without a further permit.

(f) Such other information as may be required by the Code Enforcement Officer or other proper officers of the Town of Sweden to assist them in the execution of their duties.

(2) Temporary or special events signs.

(a) No temporary or special event sign requiring a permit shall be constructed on any lands in the Town of Sweden until there has been filed with the Town Clerk an application and map including the following provisions:

[1] A description of the signs.

[2] A description of lighting.

[3] A site plan showing the location of signs, banners, balloons, posters, flags, tents, and searchlights.

[4] A copy of the certificate from the Monroe County Department of Health for serving food, if applicable.

[5] The dates of beginning and ending of temporary sign use.

[6] The signature of the applicant.

[7] The signature of the owner, if different.

(b) All such signs shall be removed within 24 hours after the conclusion of any event of which the sign gives notice.

E. Existing signs. Signs existing prior to the enactment of this amendment and for which a permit has been issued pursuant to prior provisions of this chapter will be allowed to continue in use. Any replacement of existing signs must comply with the provisions contained herein.

F. Removal of signs. Any sign erected under a permit shall be removed in accordance with the terms of the permit.

§ 175-31 Flagpoles.

Flagpoles shall be so located and of such limited height that, if they were to fall, they would fall entirely within the property lines of the lot on which they are constructed.

§ 175-32 Fences.

[Amended 8-22-2006 by L.L. No. 3-2006]

A. Any fence built in a residential district shall have its most decorative side facing the adjoining property if the fence is erected within five feet of a property line. Fences shall not exceed six feet in height on a side or rear lot line, nor four feet in height if erected on the front nearer the street than the front yard setback provided in this chapter. Fences are to be located back of the highway line in all cases and are to be of such construction as not to be dangerous to the public.

B. Barbed-wire fences and electric shock fences are permitted within residential districts only when used to keep animals, other than household pets, from leaving the premises. When such fences are used, they shall be clearly identified with appropriate warning signs along the entire course of the fence at intervals of not more than 75 feet.

C. The Zoning Board of Appeals may grant a permit for the erection of higher fences on residential lots. These permits may be issued after a public hearing, with notice, and upon the Zoning Board of Appeals considering the size and type of fence, the effect of said fence on neighboring property, objections or consent of surrounding property owners and the proposed use of said fence. If application is made to the Zoning Board of Appeals for a special fence permit, a fee as set by the Town Board is required.

D. Fences that comply with Subsections A and B do not require a permit.

§ 175-33 Clear vision at intersections.

No obstruction to view in excess of 2 1/2 feet in height measured perpendicularly from the street grade shall be maintained on the premises in the angle formed by intersecting streets, nor shall the main structure thereon be so constructed and located as to interfere with the view of traffic approaching the intersection within the distance of 75 feet measured along the center line of each street from the point of intersection.

§ 175-34 Right-of-way work.

[Added 5-22-2001]

A. No work in the right-of-way of Town roads shall be done on any lands in the Town of Sweden until there has been filed with the Town Clerk an application approved by the Superintendent of Highways and the Town Board pursuant to the regulations for issuance of the permit as adopted by resolution of the Town Board.

[Amended 8-22-2006 by L.L. No. 3-2006]

B. The application shall include:

(1) The name and address of the applicant.

(2) A detailed explanation as to the work to be done.

(3) The address, name of the highway, where the work is to be done.

(4) The signature of the applicant.

C. Said application shall go before the Superintendent of Highways for approval and signature and before the Town Board for approval and signature of the Town Clerk before issuance of said permit.

§ 175-35 Dumping; filling to grade.

[Amended 8-22-2006 by L.L. No. 3-2006]

A. On any lot or plot, no dumping and storage of junk or other material of any nature shall be permitted.

B. All space between buildings and structures shall be kept sufficiently free and clear of materials of every nature for the purpose of providing adequate fire protection, light and air.

C. Dumping of refuse, waste material and other substances is absolutely prohibited in all districts of the Town.

D. Vehicles transporting refuse, waste material and other substances must have loads adequately covered to prevent loss en route to point of discharge and must be thoroughly emptied at point of discharge, and the operators and the owners of any such vehicles shall, without exception, be held jointly responsible for compliance with the terms of this provision.

E. Dumping of fill.

(1) A permit must be obtained from the Town Clerk for the dumping of fill for the purpose of filling to established grades. The person receiving such permit must keep the material deposited leveled off as soon as deposited and, when fill-in is completed, shall cover said material with at least four inches of clean earth within a reasonable time thereafter.

(2) Dumping for the purpose of filling to established grades shall not be engaged in unless there is filed with the Town Clerk an application and map complying with the following provisions:

(a) The application shall include the name and address of the applicant; a detailed explanation as to the method to be used, the amount of fill and the type thereof; a statement as to the ownership of premises and the interest of the applicant in the same; and such other information as may be required by the Town Clerk or other proper officers of the Town of Sweden to assist them in the execution of their duties in connection with this chapter.

(b) Every application shall be accompanied by a complete plan, in duplicate, drawn to scale, showing the real property affected and indicating thereon the use to be made of each part thereof. If approved by the Town Clerk, the Town Clerk shall mark one copy of such plan "Approved" and return the same to the applicant so filing, together with a permit stating the use allowed as shown in the application and plan.

(3) Said application shall go before the Town Engineer for approval and signature and before the Code Enforcement Officer for approval and signature before issuance of said permit.

(4) Each applicant shall pay the Town Clerk a fee as set by the Town Board upon issuance of such permit.

(5) Said permit shall expire at the end of the calendar year in which the permit is issued. Any filling to be done in subsequent years shall require a renewal of the permit.

F. There shall be no filling above grade without permission of the Zoning Board of Appeals.