City of Geneva, NY Supplementary Regulations

Any proposed excavation adversely affecting natural drainage or structural safety of adjoining buildings or lands shall be prohibited. Excavations shall not create any noxious or injurious substance or condition or cause public hazard.

In any district, excavation relating to the construction, on the same lot, of a building or structure for which a building permit has been issued shall be permitted. In the event that construction of a building or structure is stopped prior to completion and the building permit is allowed to expire, the premises shall immediately be cleared of any rubbish or building materials, and any excavation with a depth greater than two feet below existing grade shall immediately be filled in and the topsoil replaced, or all such excavations shall be entirely surrounded by a substantial fence at least six feet high that will effectively block access to the area in which the excavation is located.

Activity standards. In any district, the following standards for activities shall apply:

No offensive or objectionable vibration, odor, or glare shall be noticeable at or beyond the property line.

No activity shall create a physical hazard by reason of fire, explosion, radiation, or other such cause to persons or property in the same or adjacent district.

There shall be no discharge of any liquid or solid waste into any stream or body of water or any public or private disposal system or into the ground of any materials or nature that may contaminate any water supply, including groundwater supply.

There shall be no storage of any material either indoors or outdoors in such a manner that it facilitates the breeding of vermin or endangers health in any way.

The emission of smoke, fly ash, or dust which can cause damage to the health of person, animals, or plant life or to other forms of property shall be prohibited.

Planned new streets. After the planned right-of-way line for future streets, for future extensions of existing streets, or for future street widening is established on the Official Map, if any, buildings and structures shall be set back from such line as though it were a street line.

Accessory buildings and uses.

Accessory buildings not attached to principal buildings shall be located no closer to the principal building than 12 feet or a distance equal to the height of each accessory building, whichever is greater. Such accessory buildings shall be located no closer than four feet to any side or rear property line.

A detached garage shall be deemed to be an accessory building; provided, however, that a detached garage shall be located no closer than six feet to any side or rear property line.

Accessory uses not enclosed in a building, including swimming pools and tennis courts, shall be located no closer than 10 feet to any rear or side property line, except that no such use shall be constructed in the front yard of any lot. Such uses shall also conform to any regulations provided elsewhere in this chapter for said uses.

Fences, hedges and walls.

In any residence district, fences, hedges and walls up to four feet in height shall be permitted anywhere on a lot except where corner clearances are required for traffic safety, as provided in Subsection E(4) hereinbelow; provided, however, that a fence, hedge or wall up to six feet in height shall be permitted on the rear property line and on the side property line from the rear line of the principal building to the real property line.

In any business or industrial district there shall be no height restriction on fences, hedges or walls except as provided in Subsection E(4) hereinbelow, and except that on a boundary line between a business or industrial district and a residence district fences, hedges or walls shall be limited to eight feet in height, and, except where corner clearances are required by Subsection E(4) hereinbelow, no fence, hedge or wall in excess of three feet in height shall be constructed, maintained or permitted within 30 feet of the curbline.

In any industrial district, property that is adjacent to a residential or business district shall be provided, along such property lines, with a wall, fence, compact evergreen hedge or a landscaped strip of trees and shrubs so designed as to form a visual screen not less than six feet high at the time of planting. Except for landscaped areas and parking areas, a use which is not conducted within a completely enclosed building shall be screened by a solid masonry wall, chain link fence covered with an evergreen vine, or compact evergreen hedge not less than six feet in height. Where a front yard adjoins a street, the wall, fence, or hedge shall be located no closer to the street than the depth of the required yard.

For the purpose of minimizing traffic hazards at street intersections, no fence, hedge, wall or other obstruction of a height greater than 2 1/2 feet above the top of the adjacent curb or street center-line elevation shall be permitted to be planted, placed or maintained on any corner lot within the triangular area formed by the intersection of the pavement lines, or their projection when corners are rounded, and a straight line joining the pavement lines at points 50 feet distant from their point of intersection.

No gate shall be placed, erected or maintained which shall swing outward over any sidewalk within the City.

No fence or wall shall be erected or maintained which shall be equipped with or have barbed wire spikes or any similar device within seven feet of the ground level or which shall have any electric charge sufficient to cause shock.

(7)

In any business district, the owners of property that is adjacent to a residential district shall cause the property line adjacent to such a residential district to be properly landscaped so as to reasonably protect the residential character of such district. All such landscaping must be approved by the Planning Board of the City of Geneva.

Commercial parking lots. Commercial parking lots shall comply with the provisions of § 350-25.

Residential storage facility. In any residential district the utilization of any residence, apartment building or townhouse exclusively for storage or warehouse purposes only is prohibited.

§ 350-25 Off-street parking and loading regulations.

[Amended 3-7-1973 by Ord. No. 4-1973; 2-6-1974 by Ord. No. 2-1974; 5-5-1982 by Ord. No. 21-1982; 6-3-1992 by Ord. No. 8-1992; 12-2-1992 by Ord. No. 13-1992; 11-3-1993 by Ord. No. 17-1993; 2-18-1997 by Ord. No. 3-1997; 9-2-1998 by Ord. No. 11-1998; 2-3-1999 by Ord. No. 2-1999]

Required off-street automobile parking spaces. The minimum cumulative number of off-street parking spaces shall be determined by the amount of dwelling units, bedrooms, floor area, members, equipment, employees and/or seats contained in such new buildings or structures, or added by alteration of existing buildings or structures, and such minimum number of off-street parking spaces shall be maintained by the owners of such buildings or structures, as follows:

	Permitted Uses	Minimum Spaces Required
	Detached single-family residential dwellings	1 per dwelling unit
	Two-family residential dwellings	1 per dwelling unit
	Multiple-family residential dwellings	1 per dwelling unit
	Boardinghouses	1 per bedroom
	Funeral homes	1 per 5 seats of seating capacity
	Churches, synagogues or other places of worship, including parish houses and convents	1 per 6 seats of seating capacity
	Public utility services for the immediate vicinity, including only minor structures totaling not more than 500 square feet in area	0
	Garages no more than 500 feet in area	0
	Home occupations as defined in § 350-2	1 per employee
	Storage buildings or sheds not more than 200 square feet in area	0
	Swimming pools, including decks attached thereto	0
	Cultural facilities, such as libraries, art galleries and museums	1 per 800 square feet of floor area
	Bed-and-breakfasts	1 per guest room, plus 1
	Day-care centers	1 per employee (maximum shift), plus 1 per 10 children
	Garages more than 500 feet in area, unless accessory to a building consisting of 3 or more dwelling units, except that all garages over 1,000 feet in area shall require a special use permit	To be determined as a condition of the special use permit
	Lodges and fraternal organizations	1 per 6 seats of seating capacity
	Public, private and not-for- profit recreational and educational facilities	1 per employee (maximum shift), plus 1 per 10 children or other enrollees
	Banks	1 per 400 square feet of floor area
	Banks, drive-in	4 (in a waiting line) per teller window or ATM
	Bowling alleys	3 per lane
	Dance halls	1 per 6 occupants, based on posted permitted capacity
	Convenience stores	1 per 300 square feet of floor area
	Government and public facilities	1 per 400 square feet of floor area
	Health-care services and clinics, ambulatory	1 per 400 square feet of floor area
	Newspaper offices, including printing operations accessory thereto	1 per 400 square feet of floor area
	Offices, single-use, either public, general or professional	1 per 400 square feet of floor area
	Personal services, such as beauty and barber shops, seamstresses, tailors, shoe repair, florists and laundromats and dry cleaners	1 per 300 square feet of floor area
	Printing shops not more than 7,000 square feet in area	1 per 1,000 square feet of floor area
	Restaurants	1 per 6 occupants, based on posted permitted capacity
	Retail businesses or services, single-use	1 per 300 square feet of floor area
	Retail businesses or services more than 5,000 square feet in area	1 per 400 square feet of floor area, plus 1 per employee (maximum shift)
	Skating rinks	1 per 250 square feet of floor area
	Theaters or concert halls	1 per 6 seats of seating capacity
	Apartments, either one-bedroom or studio, except on the ground floor	1 per dwelling unit
	Automobile storage in an enclosed facility	1 per 2,000 square feet
	Motor vehicle salesrooms and/or repair shops	1 per service bay (which bay shall not count as a space), plus 1 per 2,000 square feet, plus 1 per employee (maximum shift)
	Bars or nightclubs	1 per 6 occupants, based on posted permitted capacity
	Hotels	1 per guest room
	Post offices	1 per 300 square feet of floor area
	Shopping centers	1 per 300 square feet of floor area, except places of public assembly shall be calculated at a rate of 1 per 6 occupants, based on posted permitted capacity
	Veterinary offices and animal hospitals, including kennel (boarding) facilities	1 per 500 square feet, plus 1 per employee (maximum shift)
	Warehousing and distribution	1 per 10,000 square feet, plus 1 per employee (maximum shift)
	Wholesale businesses	1 per 10,000 square feet, plus 1 per employee (maximum shift)
	Light industrial uses, such as light assembly, research and development facilities and warehousing without distribution, occupying no more than 30,000 square feet, as the same are further defined in § 350-2	1 per 5,000 square feet of floor area, plus 1 per employee (maximum shift)
	Bus stations Motor vehicle service stations	1 per 300 square feet of floor area, plus 1 per employee (maximum shift) 1 per fuel pump, plus 1 per employee (maximum shift)
	Agricultural uses, such as farms, greenhouses, nurseries and gardens	1 per 5,000 square feet of floor area, plus 1 per employee (maximum shift)
	Gymnasiums and related athletic facilities	1 per 200 square feet of floor area, or 1 per 6 seats of capacity, whichever is less
	Hospitals	1 per 4 beds, plus 1 per employee (maximum shift)
	Institutions of higher learning (where other use descriptions do not apply)	1 per 200 square feet of floor area, or 1 per 6 seats of seating capacity, whichever is greater
	Nursing homes	1 per 4 beds, plus 1 per employee (maximum shift)
	Research and development facilities	1 per 1,000 square feet of floor area, plus 1 per employee (maximum shift)
	Residential dwellings/dormitories	1 per dwelling unit or, in dormitories, 1 per bedroom
	Printing shops	1 per 1,000 square feet of floor area, plus 1 per employee (maximum shift)
	Railroad facilities, including tracks, terminals, yards and equipment-servicing facilities	1 per 5,000 square feet of floor area, plus 1 per employee (maximum shift)
	Open (outdoor) storage areas accessory to a use on the same lot	1 per employee (maximum shift)
	Manufacturing facilities, including the processing, manufacture, fabrication, extraction, assembly, packaging, warehousing and/or other handling of materials, components and/or products from previously manufactured materials and/or raw materials, in compliance with §§ 350-24B and 350-26, excluding prohibited industrial uses listed in § 350-7, not more than 30,000 square feet in area	1 per 5,000 square feet of floor area, plus 1 per employee (maximum shift)
	Recycling centers and stations	1 per 5,000 square feet of floor area, plus 1 per employee (maximum shift)
	Transportation and trucking facilities	1 per 5,000 square feet of floor area, plus 1 per employee (maximum shift)
	Adult use establishments	1 per 200 square feet of floor area, or 1 per 6 occupants, based on posted permitted capacity, whichever is greater

Additional requirements.

For uses not listed in Subsection A above, requirements shall be as established by the Planning Board, if Planning Board review is required, or otherwise by the Zoning Board of Appeals.

For uses within the B2 Business District and the boundaries of the Business Improvement District, spaces in municipal parking lots, where provided, may be credited toward 100% of the parking and truck loading requirements of any permitted use, provided that:

In the case of new construction, the size of the area of the use shall be less 5,000 square feet.

In the case of rehabilitation or redevelopment of an existing building, the size of the area of the use shall be less than 10,000 square feet.

For uses over the thresholds established in Subsection B(2)(a) and (b) above, as an alternative to providing the required parking and truck loading spaces, a development fee equal to 1/2 of 1% of the total project cost may be contributed by the developer to a dedicated fund for the purpose of acquiring and constructing additional municipal parking. Said contribution shall be subject to the approval of the City Council, which may in its discretion accept such a contribution but shall not be required to do so.

Required off-street automobile parking spaces for nonpermitted uses requiring a variance from this chapter will be established by the Zoning Board of Appeals as a condition of any variance granted.

Calculation of required spaces. In the case of a combination of uses, the total requirements for off-street auto parking spaces shall be the sum of the requirements for the various uses, unless it can be proven that staggered hours of use and/or shift employment would permit modification. Whenever a major fraction of a space is required, a full space shall be provided.

Dimensions of off-street automobile parking spaces. Off-street automobile parking spaces shall be no smaller than nine feet by 18 feet. Every such space shall have direct and usable driveway access to a street or alley with minimum maneuver area between spaces as follows:

Parallel curb parking: five feet end to end, with an aisle width of 12 feet for one-directional flow and an aisle width of 24 feet for two-directional flow.

Thirty-degree parking: an aisle width of 13 feet for one-directional flow and an aisle width of 26 feet for two-directional flow.

Forty-five-degree parking: an aisle width of 16 feet for one-directional flow and an aisle width of 26 feet for two-directional flow.

Sixty-degree parking: an aisle width of 21 feet for one-directional flow and an aisle width of 26 feet for two-directional flow.

Perpendicular parking: an aisle width of 26 feet for one-directional and two-directional flow.

Location of required spaces.

In any residential district, required automobile parking spaces shall be provided on a buildable portion (taking into account the required setbacks) of the same lot or an immediately adjacent lot.

In all other districts, such spaces shall be provided on the same lot or not more than 500 feet therefrom.

No open or enclosed parking area shall encroach on any required front yard or required open areas. Open parking may encroach on a required side or rear yard to within three feet of a property line.

No entrance and exit drives connecting the parking area and the street shall be permitted within 25 feet of the intersection of two public rights-of-way.

In all multiple-residential, commercial and industrial developments, entrance/exit drives connecting a parking area to a street, and private roads connecting any part of a multiple-residential, commercial or industrial development to a street, must be at least 26 feet wide. All drives and roads must be paved.

Required off-street truck loading areas.

Off-street truck loading areas shall be required as follows:

For permitted general uses, one berth shall be required for 10,000 square feet to 25,000 square feet of floor area, and one additional berth for each additional 25,000 square feet of floor area, unless it can be proven that truck deliveries shall not exceed one vehicle per day.

For funeral homes, one berth for each chapel.

For hotels, motels and vacation resorts, one berth for floor area in excess of 10,000 square feet.

For retail and commercial uses, one berth for 10,000 square feet to 25,000 square feet of floor area, and one additional berth for each additional 25,000 square feet of floor area.

For manufacturing and permitted industrial uses, one berth for the first 10,000 square feet of floor area, and one additional berth for each additional 40,000 square feet of floor area.

Dimensions for off-street loading berths. Each required loading berth shall have the following minimum dimensions: 35 feet long, 12 feet wide and 14 feet high, except that berths for funeral homes may be 20 feet long, 10 feet wide and eight feet high.

Location of required berths. All off-street loading areas shall be located on the same lot as the use for which they are permitted or required. Open off-street loading areas shall not encroach on any required front or side yard, accessway or off-street parking area, except that in business districts off-street parking areas, where they exist, may be used for loading and unloading, provided that such spaces shall not be so used for more than three hours during the daily period that the establishment is open for business. Within the F1 Industrial District (Geneva Industrial Park), off-street loading areas shall be permitted to be located within the required front or side yard.

Construction and landscaping of parking areas.

Parking areas shall be paved with an all-weather surface of asphalt or concrete. The individual spaces shall be visibly marked with paint or other durable material no less than four inches in width.

At least 8% of the area of the lot usable for a parking area [the lot area, minus the square footage taken by the required setbacks and minus the area taken by the building(s) footprint, times .08] shall be devoted to landscaping with lawn, trees, shrubs or other plant materials. All loading berths and parking areas of three or more spaces that abut or are directly across the street from a residential property or any property within a residential district, and any parking areas of more than 20 cars, shall be properly screened by any one of the following:

A solid masonry wall a minimum of four feet high, where the same is not otherwise prohibited by § 350-24 of this chapter.

A visually opaque fence (in no case of chain link material) a minimum of four feet high, where the same is not otherwise prohibited by § 350-24 of this chapter.

A continuous and compact evergreen hedge, or landscaped strip of evergreen trees and shrubs, so designed as to form a continuous visual screen when viewed from the adjoining property at any time of the year. Said screen shall be a minimum of four feet high at the time of planting and shall consist of plants no more than three feet apart, on center.

Some combination of visual screening as provided in Subsection F(2)(a), (b) and (c) above. In no case shall a berm of any dimension or height be used to satisfy the maximum height requirements.

All parking areas and landscaping shall be properly maintained thereafter in a sightly and well-kept condition.

All of the above requirements shall be met prior to the issuance of a certificate of occupancy and commencement of the use, or, in the event that weather or other circumstance makes this impossible, the property owner shall post a bond or letter of credit, in form acceptable to the City Attorney, for an amount sufficient to ensure completion of the work, prior to the issuance of a certificate of occupancy and commencement of the use. No part of said bond or letter of credit shall be refunded until such time as all work has been completed.

§ 350-26 Industrial district regulations.

The enforcement officer shall not issue a permit for the development of a parcel of land for industrial use until after a public notice and hearing before and approval by the Planning Board, and every industrial development shall be subject to the following conditions:

Use regulations.

Permitted uses:

Any use permitted by right in the F and F1 Industrial Districts.

Any use permitted by special permit in the F and F1 Industrial Districts subject to the favorable approval thereof by the Board of Appeals.

[Amended 5-6-1981 by Ord. No. 10-1981]

Prohibited uses:

Residential uses, except dwellings of caretakers. Any and all residential uses made and permitted prior to the establishment of such F or F1 Industrial District in accordance with this section shall be allowed to continue as so permitted heretobefore.

[Amended 5-6-1981 by Ord. No. 12-1981]

All prohibited industrial uses as so listed in § 350-7.

Any use, although expressly allowed as a permitted use, shall be prohibited if the particular application or adaptation of such use is or shall become or cause a nuisance.

Performance standards.

General standards. The following general standards are hereby adopted for the control of uses in any industrial district, and no use shall be permitted, established, maintained or conducted therein which shall cause or be likely to cause:

Excessive smoke, fumes, gas, dust, odor or any other atmosphere pollutant beyond the boundaries of the lot whereon such use is located. What smoke is excessive shall be determined according to the Ringelmann Scale for Grading the Density of Smoke, published by the United States Bureau of Mines, when the shade or appearance of such smoke is darker than No. 2 on said Ringelmann Smoke Chart.

Noise perceptible beyond the boundaries of the lot occupied by such use causing the same.

Any pollution by discharge of any waste material whatsoever into any watercourse, open ditch or land surface.

Discharge of any waste material whatsoever into any sanitary disposal system or sewerage system, except only in accordance with the rules of and under the control of public health authorities or the public body controlling such sewerage system. Any chemical or industrial waste which places undue loads, as determined by the Director of Public Works, shall not be discharged into any municipal system and must be treated by the industrial use.

Storage or stocking of any waste materials whatsoever.

(f)

Glare or vibration perceptible beyond the lot lines whereon such use is conducted.

(g)

Hazard to person or property by reason of fire, explosion, radiation or other cause.

(h)

Any other nuisance harmful to persons or property.

Specific standards. The following specific standards are hereby adopted and must be complied with for and by any use in any industrial district and before the same is permitted, established, maintained or conducted:

[Amended effective 7-3-1974 by Ord. No. 74-18]

Storage facilities. Materials, supplies, or semifinished products shall be stored on the rear 1/2 of the property and shall be screened from any existing or proposed street.

Loading docks. No loading docks shall be on any street frontage. Provisions for handling of all freight shall be on those sides of any building which do not face on any street or proposed streets. This requirement shall not apply within the F1 Industrial District (Geneva Industrial Park).

[Amended 9-2-1998 by Ord. No. 98-11]

Landscaping. It is hereby declared that all areas of the plot not occupied by buildings, parking, driveways or walkways or storage shall be landscaped attractively with lawn, trees, shrubs or other plant material. Such landscaping shall take into consideration the natural growth presently on the premises and the nature and condition of the terrain as well as the situation of the lands and premises themselves and with regard to adjoining lands and premises.

Off-street parking and loading. Refer to § 350-25.

Signs. Refer to § 350-30.

(f)

Buffer strip. In addition to the fences and walls, the entire district must be separated along its outside boundary from any adjoining residential zones by a buffer strip, suitably landscaped, at least 100 feet wide.

Proper and adequate water supply, sewage and waste disposal, other utility services, and accessibility to and from public streets must be provided.

Special consideration must be given to the traffic generated by each proposed use in an industrial district, and no undue traffic volumes shall be permitted on residential streets. Such data is to be submitted with each application. No access drive for any F District shall be within 300 feet of and on the same side of the street as a school, public library, theater, church or other public gathering place, park, playground, or fire station unless a street 50 feet or more wide lies between such access drive and such building or use.

Area and bulk regulation. Area and bulk requirements shall be in compliance with those for the F or F1 District as set forth in the Density Control Schedule of this chapter.[1]

[Amended effective 5-6-1981 by Ord. No. 81-12]

[1]

Editor's Note: Schedule III, Density Control Schedule, is included at the end of this chapter.

Additional conditions prescribed by Planning Board. The Planning Board, upon review of the proposed development, may prescribe such additional conditions as are in its opinion necessary to secure the objectives of this chapter.

§ 350-26.1 College-Residential District regulations.

[Added 11-7-2001 by Ord. No. 5-2001]

Purpose. This district is intended to protect surrounding residential and commercial uses from the impacts of Hobart and William Smith Colleges uses and expansion, and to provide for the orderly, rational, and predictable expansion of Hobart and William Smith Colleges and affiliated organizations and institutions. These objectives are derived from the larger goals of conserving the value of land and buildings in the City of Geneva, and thus protecting the City's tax base.

The following principal uses are permitted:

	Administrative and faculty offices
	Bed-and-breakfast businesses, meeting the definition of and requirements for a boardinghouse
	Cafeterias for student, faculty, and staff use
	Churches, synagogues, or other places of worship, including parish houses and convents
	Concert halls
	Cultural facilities such as libraries, art galleries, and museums
	Detached single-family residential dwellings
	Gymnasiums and related athletic facilities
	Health-care services and clinics serving students of the colleges
	Instructional facilities, including classrooms, lecture halls, drafting and art studios, laboratories, and greenhouses
	Multiple-family residential dwellings
	Public utility services for the immediate vicinity, including only minor structures not more than 500 square feet in area
	Student and faculty centers, including other uses directly associated with or complementary to college operations, such as college bookstores
	Student housing, including dormitories and college fraternities and sororities
	Theaters
	Two-family residential dwellings

The following accessory uses are permitted:

	Day-care facilities
	Garages not more than 500 square feet in area
	Home occupations (Type I and Type II), as defined in § 350-2
	Storage buildings or sheds not more than 1,000 square feet in area
	Surface parking, subject to the applicable requirements of § 350-25 of this chapter.

The following uses shall require a special use permit:

	Garages and parking structures more than 500 square feet in area
	Storage buildings or sheds more than 1,000 square feet in area
	Uses similar in purpose and scale to those permitted, but not specifically identified

Uses not permitted above are prohibited.

Dimensions:

Where the property abuts a public right-of-way, the minimum front setback shall be 25 feet.

Where the property abuts any adjacent zoning district, the minimum setback from the boundaries of said adjacent district shall be 40 feet or the height of the building, whichever is greater; however, this restriction shall not apply in the case of the boundary of an overlay district such as the South Main Street-Pulteney Park Historic District.

Within 100 feet of a non-college-related residential use:

The minimum rear yard setback shall be 40 feet.

The minimum side yard setback shall be 12 feet or 1/2 of the height of the building, whichever is greater.

The maximum lot coverage shall be 50%.

The maximum height shall be four stories, but in no case more than 45 feet.

Maximum height shall be six stories, but in no case more than 75 feet, except as described in Subsection F(3)(d) above.

Additional dimensional requirements may be determined as part of the site plan review process. This process shall be governed by the goal of creating a campus environment consistent with existing land use patterns and density, encouraging compatibility with residential properties within the district, and with the general purpose of this district.

Site plan review shall be required as provided in § 350-44 of this chapter.

Architectural review shall be required as provided in § 350-45 of this chapter.

The number, arrangement, and buffering for off-street parking spaces shall comply with the applicable parking and loading requirements specified in § 350-25 of this chapter. It is the express intention of this district to allow required parking to be provided off-site, where determined to be appropriate by the Planning Board as part of site plan review.

Signs shall not be erected without first obtaining a building permit and shall comply with the requirements in § 350-30 of this chapter.

Fences, landscaping and buffering shall comply with all applicable requirements specified in §§ 350-24, 350-25, and 350-25.2 (buffers) of this chapter.

Hobart and William Smith Colleges shall submit a campus plan indicating current and proposed uses to City Council and file this plan with the City Clerk. Permit applications for uses that are not in keeping with the plan shall require the colleges to revise the plan on file.

Lighting design shall comply with the following requirements.

Exterior offset illumination of facades and landscape elements is encouraged. However, any building or landscape illumination should be direct so that there is no overspill to adjacent buildings or properties.

The placement of freestanding lighting fixtures shall be in accordance with all required setbacks.

All uses shall be conducted in such a manner so as to preclude any nuisance, hazard, or commonly recognized offensive condition, including creation or emission of dust, gas, smoke, noise, fumes, odors, vibrations, particulate matter, chemical compounds, electrical disturbance, humidity, heat, cold, glare, or night illumination. Prior to issuance of a building permit or a certificate of occupancy, the Code Enforcement Officer may require evidence that adequate measures have been provided to protect the public health, comfort, convenience, safety, and general welfare from any such nuisance, hazard, or offensive condition.

§ 350-26.2 Historic-Residential District regulations.

[Added 11-7-2001 by Ord. No. 5-2001]

Purpose. This district is intended to emphasize the role of private investment in historic preservation efforts by allowing mixed uses to create the most economically viable environment in which to maintain and/or improve upon the unique character of Geneva's historic districts.

The following principal uses are permitted:

	Administrative and faculty offices
	Bed-and-breakfast businesses, occupying not more than 6,000 square feet in area, or the existing building area, whichever is smaller, and meeting the definition of and requirements for a boardinghouse
	Cafeterias for student, faculty, and staff use
	Churches, synagogues, or other places of worship, including parish houses and convents
	Concert halls
	Cultural facilities such as libraries, art galleries, and museums
	Detached single-family residential dwellings
	Gymnasiums and related athletic facilities
	Health-care services and clinics serving students of the colleges
	Instructional facilities, including classrooms, lecture halls, drafting and art studios, laboratories, and greenhouses
	Multiple-family residential dwellings
	Public utility services for the immediate vicinity, including only minor structures not more than 500 square feet in area
	Student and faculty centers, including other uses directly associated with or complementary to college operations, such as college bookstores
	Student housing, including dormitories and college fraternities and sororities
	Theaters
	Two-family residential dwellings

The following accessory uses are permitted:

	Day-care facilities
	Garages not more than 500 square feet in area
	Home occupations (Type I and Type II), as defined in § 350-2
	Parking for not more than two vehicles
	Storage buildings or sheds not more than 1,000 square feet in area

The following uses shall require a special use permit:

	Garages and parking structures more than 500 square feet in area
	Professional offices, occupying not more than 6,000 square feet in area, or the existing building area, whichever is smaller
	Storage buildings or sheds more than 1,000 square feet in area
	Surface parking consisting of three or more parking spaces, subject to the applicable requirements of § 350-25 of this chapter
	Uses similar in purpose and scale to those permitted, but not specifically identified

Uses not permitted above are prohibited.

Dimensions:

Where the property abuts a public right-of-way, the minimum front setback shall be 25 feet.

Lot area and setbacks:

The minimum lot area shall be 9,240 square feet.

The minimum lot width at the building line shall be 70 feet.

The minimum rear yard setback shall be 40 feet.

The minimum side yard setback shall be 12 feet or 1/2 of the height of the building whichever is greater.

The maximum lot coverage shall be 50%.

(f)

The maximum height shall be four stories, but in no case more than 45 feet.

Additional dimensional requirements may be determined as part of the site plan review process. This process shall be governed by the goal of creating an environment consistent with existing land use patterns and density, encouraging compatibility with residential properties within the district, and with the general purpose of this district.

Site plan review shall be required as provided in § 350-44 of this chapter.

Architectural review shall be required as provided in § 350-45 of this chapter. In the event that architectural review is required, review by the Historic Districts and Structures Commission shall take place before the Planning Board's architectural review.

Signs shall not be erected without first obtaining a building permit and shall comply with the requirements in § 350-30 of this chapter.

Fences, landscaping and buffering shall comply with all applicable requirements specified in §§ 350-24, 350-25, and 350-25.2 (buffers) of this chapter.

Lighting design shall comply with the following requirements:

The placement of freestanding lighting fixtures shall be in accordance with all required setbacks.

§ 350-26.3 Agricultural Technology District.

[Added 11-20-2002 by L.L. No. 5-2002]

Purpose. This district is created to recognize the economic development opportunities of the proposed Cornell Agriculture and Food Technology Park on the grounds of the New York State Agricultural Experiment Station. The district is intended to facilitate the reconfiguration of the Agricultural Experiment Station campus, and to promote the orderly, rational, and predictable development of the proposed Cornell Agriculture and Food Technology Path and its lessees while protecting surrounding residential and commercial uses from the impacts of technology park uses and expansion. These objectives are derived from the larger goal of conserving the value of land and buildings in the City of Geneva, and thus protecting the City's tax base. Regardless of any specific mention in the permitted uses below, the permitted and special permit uses are to be Intrinsically related to the purpose and mission of the Cornell Agriculture and Food Technology Park Corp., the Agricultural Experiment Station, or related activities of its parent institution, Cornell University.

The following principal uses are permitted:

Agricultural uses, such as greenhouses, but excluding facilities for livestock, and excluding (on-site) outdoor crop cultivation, subject to the nuisance regulations stipulated in Subsection N below.

Facilities intended for production or light assembly and warehousing of agricultural and food products and bio-based products produced by plants and microorganisms, for testing or distribution, excluding prohibited industrial uses listed in § 350-7, and subject to the nuisance regulations stipulated in Subsection N below.

Laboratories and related facilities intended for basic and applied research, development of technology-based products and services, or testing of technology-based products and services.

Offices.

Public, private, and charitable agriculture-related and food-technology-related research and educational facilities, and agricultural and food service organizations and consultants, as well as biotechnology research leading to bio-based products produced by plants and microorganisms.

Public utility services for the immediate vicinity, including only minor structures not more than 500 square feet in area.

(7)

Technology-dependent and/or computer-based facilities dedicated to the processing of data or analysis of information, provided that these information services support on-site research or product development.

The following accessory uses are permitted:

Surface parking, subject to the applicable requirements of § 350-25 of this chapter. No farm or agriculture-related vehicle or equipment (including tractors, cultivators, sprayers, and similar equipment) may be parked in this district.

The following uses shall require a special use permit:

Garages or storage buildings or sheds.

Services and retail uses incidental to, and in support of, the permitted uses such as limited food-service facilities in support of principal permitted uses, conference centers, day-care facilities and athletic facilities, provided that these uses are in support of a permitted principal use, but in no case Larger than 2,000 square feet.

Uses similar in purpose and scale to those permitted, but not specifically identified, subject to confirmation by the Planning Board.

Uses not permitted above are prohibited.

Dimensions.

Where the AT District abuts an adjacent district (other than the New York State Agriculture Experiment Station) on a side or rear lot line, the minimum setback shall be 150 feet.

Where the AT District abuts the New York State Agriculture Experiment Station, on a side or rear lot line, the minimum setback shall be 10 feet.

Where the AT District abuts a public right-of-way, excluding the interior roads (both public and private) and driveways of the New York State Agriculture Experiment Station, the minimum setback shall be 75 feet.

The minimum setback for interior public roads, excluding roads or driveways at the New York State Agriculture Experiment Station, shall be 40 feet from the right-of-way.

Buildings situated along interior public roads, with the exception of the northernmost entry road, shall, to the extent practicable, be situated such that the fronts of the buildings are aligned with the roadway and with other buildings facing that roadway.

The maximum height shall be 35 feet including any stacks, air-handling units or other building appurtenances.

(7)

Site plan review shall be required as provided in § 350-44 of this chapter.

Architectural review shall be required as provided in § 350-45 of this chapter. In addition to the applicable design guidelines in § 350-45, buildings must comply with the following regulations:

Buildings should be compatible and harmonious with those existing, not by mimicking the architectural style or building materials, but by compatibility of styles, materials, shape, height, massing, orientation, and siting.

Buildings shall be constructed of substantial and permanent materials. Materials shall be sufficiently durable and low-maintenance and have a reasonable life span. The use of masonry materials, such as brick, precast panels, and exterior insulation and finish systems, shall be strongly encouraged.

Buildings should be well-designed and visually interesting in terms of both massing and detail.

Unfenestrated walls are not permitted and shall be disallowed by the Planning Board during architectural review.

Stepped-back buildings and modulated rootlines are encouraged.

Flat roofs are not permitted.

Building entries shall be clearly visible and readily obvious to the first-time visitor.

Prefabricated metal buildings are not permitted.

Use of extensive landscaping shall be encouraged in order to screen and buffer the buildings and parking areas, and any lighting in and around same, from adjacent residential areas.

The number, arrangement, and buffering for off-street parking spaces shall comply with the applicable parking and loading requirements specified in § 350-25 of this chapter, or in the alternative, a parking plan may be submitted per the requirements of the Urban Land Institute Standards for research and development parks, subject to the approval of the Planning Board. No contiguous surface parking area shall exceed 10,000 square feet without being subdivided by landscaped islands at intervals of no more than 300 feet. Parking areas within required setbacks shall be screened from the street and from adjacent properties by a landscaped berm between 36 and 42 inches high and no less than six feet wide. Larger berms are permitted with approval from the City of Geneva Planning Board.

Signs shall not be erected without first obtaining a building permit and shall comply with the following requirements:

A coordinated signage plan for the Cornell Agriculture and Food Technology Park is required, subject to the approval of the Planning Board. Signage shall be consistent throughout the Cornell Agriculture and Food Technology Park and consistent with said plan.

Dimension and number of signs.

One freestanding identification and/or directional sign no greater than 40 square feet in area is permitted at each primary entrance to the Cornell Agriculture and Food Technology Park.

One freestanding identification sign not greater than 24 square feet in area is permitted per building.

In addition to the one freestanding sign permitted per building, a facade-mounted identification sign, no more than 12 square feet in area, and not projecting above the roofline, is allowed for each use in each building. There may be no more than one facade-mounted identification sign on each facade. If there is more than one use in a building to be identified on a single facade, the facade-mounted sign may be up to, but not exceeding 15 square feet in area. This facade-mounted sign shall be flush to the facade.

Location of signs.

Signs shall not extend more than six feet above the ground level, or eight feet above ground level for joint identification signs and district entrance signs.

No sign, except publicly owned signs, shall be placed in or project into the public right-of-way.

The minimum front setback for freestanding signs shall be 10 feet from any exterior or interior roadway, loading area, or driveway.

Banners, canopies, marquees, and roof signs are not permitted.

Materials and lighting of signs.

Self-illuminated signs are not permitted.

Signs shall be front lit by offset lighting only.

Permitted materials are wood, stone. etched brass and enameled metal.

Fences, landscaping and buffering shall comply with all applicable requirements specified in §§ 350-24, 350-25, and 350-26B(2)(f) (buffers) of this chapter.

The Cornell Agriculture and Food Technology Park shall submit a campus plan indicating current and proposed uses, including a site plan showing intended ingress and egress, internal parking and traffic circulation, and proposed building sites, to City Council and shall file this plan with the City Clerk. Permit applications for uses that are not in keeping with the plan shall require the Cornell Agriculture and Food Technology Park to revise the plan on file.

Lighting design shall comply with the following requirements.

A coordinated lighting plan for the campus is required, subject to the approval of the Planning Board. Lighting shall be consistent throughout the park and consistent with said plan.

Exterior offset illumination of facades and landscape elements is encouraged. However, any building or landscape illumination should be directed so that there is no overspill to adjacent buildings or properties.

The placement of freestanding lighting fixtures shall be in accordance with all required setbacks.

All uses shall be conducted in such a manner so as to preclude any nuisance, hazard, or commonly recognized offensive condition, including creation or emission of dust, gas, smoke, noise, fumes, odors, vibrations, particulate matter, chemical compounds, electrical disturbance, humidity, heat, glare, or night illumination, or any other adverse impact on public health. Prior to issuance of a building permit or a certificate of occupancy, the Code Enforcement Officer may require evidence that adequate measures have been provided to protect the public health, comfort, convenience, safety, and general welfare from any such nuisance, hazard, or offensive condition. If required, said evidence shall include specific documentation of compliance with:

Chapter 232, Noise, and the maximum permissible sound levels specified therein;

Chapter 294, Smoke Abatement, and the maximum permissible smoke emissions specified therein;

Chapter 277, Sanitary Sewers, and the applicable Federal Categorical Pretreatment Standards, as well as any additional local discharge limitations (prior to disposal, all drain-disposable wastes must be treated for disposal consistent with these regulations);

The Resource Conservation and Recovery Act [42 U.S.C. 6901 et seq. (1976)], if hazardous waste regulated by the Environmental Protection Agency is used or generated.

Applicable requirements for proper deactivation, recycling or disposal, if waste is not regulated by the Environmental Protection Agency, but poses a potential threat to human health and natural environment as generated.

And such other local, state and federal regulations as may be applicable.

Storage areas shall comply with the following requirements:

All storage, including that for waste products (i.e., sanitation dumpsters, recycling collection points), shall be within completely enclosed buildings or effectively screened with visually opaque screening not less than eight feet, nor more than eight feet, in height, and no storage shall exceed the height of such screening.

Storage areas and the required enclosure shall be in accordance with all setback requirements.

Storage areas may not be located in front of a primary structure.

§ 350-27 Procedure for rezoning.

Filing of application. Application for rezoning the classification of a site shall be filed by the owner, or several owners jointly, or the holder of a written option to purchase the site with the City Clerk in writing in a form required by the City Council and shall be accompanied by a certified check in the amount of $50 to help defray the cost of advertising the hearing on said petition and incidental disbursements. The applicant shall also submit the following:

A plan of the site and surrounding areas drawn to scale and accurately dimensioned, showing the location of existing and proposed land use areas, lots, buildings, structures, parking and loading areas and access roads and streets, community facilities and topography.

The use and height of each proposed building or structure, yard lines, lot coverage, and the number of parking spaces in each proposed parking area and the expected flow of traffic in and out of the area.

Any additional data as may be requested by the Planning Board in order to determine the suitability of the tract for the proposed development.

Referral to Planning Board. Each application shall be referred to the Planning Board. The Planning Board shall report its recommendations thereon to the City Council, accompanied by a full statement of the reasons for such recommendations. If the Planning Board fails to report within a period of 45 days from the date of receipt of notice or such longer time as may have been agreed upon by it and the City Council, the City Council may act without such report.

Action by City Council. The City Council by resolution shall fix the time and place of a public hearing and cause notice thereof to be published in the official newspaper not less than 10 days prior to the date of the public hearing. All other procedures before the City Council shall be conducted in accordance with the provisions of the Geneva City Charter, the General City Law and all other applicable laws.

§ 350-28 Motor vehicle service stations.

In any district where permitted, a motor vehicle service station shall be subject to the following regulations:

Service stations shall be permitted only on lots of 10,000 square feet or more, with 100 feet minimum frontage.

The area for use by motor vehicles, except access drives thereto, as well as any structures shall not encroach on any required yard area.

No fuel pump shall be located closer than 20 feet to any side lot line nor closer than 35 feet to any street line, measured from the outside edge of the fuel island.

No access drive shall be within 200 feet of and on the same side of the street as a school, public library, theater, church, or other public gathering place, park, playground or fire station unless a street 50 feet or more wide lies between such service station and such building or use.

All repair work and storage shall be within a completely enclosed building which has a maximum height of 15 feet. Such repair work shall not include any body repair work or spray painting.

§ 350-29 Adult use establishments.

[Added 6-18-1996 by Ord. No. 96-3]

In any district where permitted, adult use establishments shall be subject to the following regulations:

Legislative findings; purpose and intent.

The regulation of adult use establishments, as hereinafter defined, is found to be necessary in light of the operational characteristics of such uses which, without the enactment and enforcement of appropriate regulations, would have documented adverse, detrimental and harmful impacts and effects within the City of Geneva, and particularly on residential neighborhoods and community business areas. Such impacts and effects include but are not limited to decreased property values; creation of traffic and/or parking problems due to the attraction of transients; potential increases in criminal activities; loss of business by non-adult-use commercial establishments in the vicinity, and deterioration within residential neighborhoods.

It is the purpose and intent of this section to establish appropriate and reasonable regulations and restrictions regarding the location and operation of adult use establishments, as hereinafter defined, so as to promote the health, safety, morals and general welfare of the residents of the City of Geneva, and to establish reasonable and uniform regulations to prevent the deleterious impacts and effects identified above which may result from the location and operation of such establishments.

It is neither the purpose nor intent of this section to impose a limitation or restriction on the content of any communicative materials, including sexually explicit or sexually oriented materials, nor is it the purpose or intent of this section to restrict or deny access by adults to sexually explicit or sexually oriented materials, activities, performances or depictions protected by the First Amendment to the United States Constitution, or to deny access by distributors and/or exhibitors of sexually explicit or sexually oriented materials or entertainment to their intended market. However, it is also not the purpose or intent of this section to condone or legitimize the display or distribution of obscene materials.

Such a use may not be established except in accordance with the provisions of the City of Geneva Municipal Code, and subject to the following conditions and criteria, which shall be in addition to and supplementary to those matters which the Planning Board is to consider in reviewing a site plan application under § 350-44 of this chapter, and which shall also be in addition to and supplementary to those matters which the Zoning Board of Appeals is to consider in reviewing a special use permit application under § 350-53 of this chapter.

Such a use shall be permitted only on lots of two acres or more.

Such a use may not be established or maintained within 500 feet of:

A church, synagogue or regular place of worship.

A public or private elementary or secondary school.

Any child-care institution or day-care center, as defined herein and in the Education Law.

A residence, or the boundary of any residential zoning district.

A public park, playground, playing field, governmental office or facility or other similar area where large numbers of persons may travel or congregate.

A municipal boundary.

No two adult use establishments may be established or maintained within 1,000 feet of each other.

Only one such use may be established or maintained on any lot or in any building or structure.

For the purposes of this section, measurement of the distances specified above shall be made in a straight line, without regard to intervening structures or objects, from the nearest portion of the building or structure used or operated for such a use to the nearest property line or boundary of an affected use, as listed in Subsection D(1) through (6) above, provided that for purposes of Subsection E above, the distance between any two adult use establishments shall be measured in a straight line, without regard to intervening structures or objects, between the closest exterior walls of the structures in which each such use is located.

All such uses:

Shall be conducted in an enclosed building.

Shall be conducted in such a manner that, regardless of location or distance, no one who is passing by or who is at any point outside of the enclosed building occupied by such a use shall be able to observe or perceive any performance, conduct, image, printed matter, visual representation, instrument, device or paraphernalia displaying, depicting or otherwise presenting any specified anatomical area or specified sexual activity regulated hereunder, including but not limited to any sign or advertisement or any window or other opening permitting the view of the interior of the premises from the exterior of the premises.

Shall not employ loudspeakers or sound equipment as part of the adult use establishment in such a way as may be audible to or discerned by the public from public or semipublic areas.

Shall provide for the parking of vehicles on the site only during the hours of operation and shall provide for a parking space for each and every employee, in addition to those parking requirements specified in § 350-25.

Shall provide for no more than a single building-mounted sign, no larger than 30 square feet, that shall identify only the name of the establishment and shall contain no graphic representation of any material depicting, describing or relating to specified sexual activities or specified anatomical areas.

Final approval by the Zoning Board of Appeals of any special use permit application for such a use shall only be made contingent upon the applicant also satisfying all conditions and requirements of approval by the Planning Board of any site plan application for such a use.

Inspection requirements.

Prior to the commencement of any adult use establishment business, or upon any transfer of ownership or control of such a business, the premises on which such establishment is located must be inspected and found to be in compliance with all laws, rules and regulations of or enforced by the New York State Health Department, Fire Department, Code Enforcement Office, Fire Marshal, and other code enforcement officials of the City and county.

The New York State Health Department, Fire Department, Code Enforcement Office, Fire Marshal and other code enforcement officials shall complete their certification that the premises is in compliance, or not in compliance, within 20 days of the inspection of the premises by such officials. The certification shall be promptly presented to the Code Enforcement Office and shall be a precondition to the issuance of any certificate of occupancy, certificate of compliance or any other certificate evidencing conformance with governmental laws, regulations, codes, rules or requirements.

An applicant, or permittee and/or licensee, shall permit representatives of the Police Department, New York State Health Department, Fire Department, Code Enforcement Office, or other City or county departments or agencies to inspect the premises of an adult use establishment for the purpose of ensuring compliance with applicable laws, rules and regulations at any time it is occupied or open for business.

While code enforcement officials shall have the right to inspect the premises for the purpose of ensuring compliance with all applicable laws, rules and regulations, the owner, agent or person in charge thereof shall have the right to insist upon the procurement of a search warrant from a court of competent jurisdiction in order to enable such inspection. The officials charged with conducting the inspection pursuant to this article shall be required to obtain a search warrant whenever an owner, agent or person in charge refuses to permit a warrantless inspection of the premises after having been advised that he or she has a constitutional right to refuse entry of the officials without a search warrant.

Penalties for offenses; enforcement.

Any person committing an offense against any provision of this section shall, upon conviction, be guilty of a violation pursuant to the Penal Law of the State of New York punishable by a fine not exceeding $250 or by imprisonment for a term not exceeding 15 days, or by both such fine and imprisonment. Continuation of an offense shall constitute, for each day the offense is continued, a separate and distinct violation.

In addition to the penalties provided in Subsection K(1) above, any violation under this section shall be punishable by suspension of the right to conduct or operate such adult use for a period not to exceed 30 days for each separate and distinct violation.

In addition to the penalties provided above, the Code Enforcement Office may also maintain an action or proceeding in the name of the City of Geneva in a court of competent jurisdiction to compel compliance with or to restrain by injunction any violation of this article.

§ 350-30 Sign regulations.

No sign or other device for advertising purpose of any kind may be erected or established in the municipality except and provided as follows:

Signs in residential districts. No sign or other device for advertising purposes of any kind may be erected or established in any residential district except and provided as follows:

Permitted nonresidential uses and legal nonconforming nonresidential uses, but not including home occupations or day nurseries, may display signs pertaining to the use of property having an aggregate total face area of not more than 30 square feet and not projecting beyond the principal building of such use to which they are attached more than 24 inches, except that where such nonresidential uses are set back from property lines, one sign may be erected in the ground, provided that such ground signs shall not exceed 15 square feet in total face area, shall not exceed five feet in height, shall be parallel to the lot frontage and shall be no nearer than 10 feet to any property line. If such freestanding signs face substantially at right angles to the road and/or display in more than one direction, they shall have a face area of not more than eight square feet per side, with no more than two sides.

Dwellings for five or more families may display nonilluminated signs identifying the premises, having an aggregate total face of not more than 12 square feet, and not projecting beyond the principal building on the lot more than 24 inches.

Any dwelling unit in a detached, attached or townhouse structure may display one name or professional sign not exceeding four square feet in area.

Any boardinghouse may display one sign not exceeding five square feet in area and not projecting more than 24 inches from the principal building on the lot.

Signs in B1, B2 and H Districts and F and F1 Industrial Districts. Two signs having an aggregate total face area of not more than 100 square feet may be displayed for each establishment, provided that such signs shall be located no nearer than 10 feet to any property line and provided further that such signs shall not extend more than 20 feet above ground level or more than five feet above the height of the roof of a building at the point of location of the sign, whichever is less restrictive.

[Amended effective 5-6-1981 by Ord. No. 81-9]

Representational signs. No representational sign shall be permitted in any district except such sign as shall be approved by the Planning Board. Further, such sign shall not project more than five feet beyond the principal structure to which it is attached and shall not have a face area of more than 15 square feet. Only one such sign per establishment shall be permitted.

Billboards. Notwithstanding any other provisions of this chapter, signs not pertaining to the use, sale, rent, or lease of property on the same lot, and signs not representing construction or subdivision activity as allowed, are not permitted in any district, except that signs for the purpose of directing persons to a local business or community establishment may be erected in any district, providing such signs shall not exceed four square feet in area per establishment, shall conform with applicable regulations of the district in which they are located, shall be grouped on community poles and shall be approved by the Planning Board.

Projecting signs. Signs projecting into a public right-of-way shall have a clearance of not less than 10 feet above the sidewalk or surrounding ground and not less than 15 feet above any public driveway or thoroughfare. No sign may project into any public right-of-way without written approval from the Director of Public Works, pursuant to Chapter 288, Signs and Fire Escapes, of this Code.

[Amended effective 7-3-1974 by Ord. No. 74-20]

Subdivision signs. Any person offering lots of sale in a subdivision may erect nonilluminated directional signs within the limits of the subdivision, or adjoining property in the same ownership, having an aggregate total face area of not more than 50 square feet. The permit for such signs shall be issued for a period of one year and may be renewed for successive periods of one year each following a determination by the enforcement officer that the signs have been repainted or are in good condition in each case.

Exemption from above regulations. The following are exempt from the above regulations:

Real estate signs which advertise the sale, rental, or lease of the premises upon which said signs are located, having an aggregate total face of not more than six square feet, within any residential, business and highway districts, or not more than 20 square feet within any industrial district.

One professional or business nameplate not exceeding four square feet in area for any one professional or business establishment where such signs would not otherwise be a permitted use.

One sign denoting the architect, engineer, and/or contractor when placed upon work under construction and not exceeding 24 square feet in area.

Memorial signs or tablets, names of buildings, and dates of erection when cut into any masonry surface or when constructed of bronze, stainless steel, or similar material.

Traffic or other municipal signs, legal notices, and such temporary, emergency, or nonadvertising signs as may be authorized by the enforcement officer.

The use of sandwich board signage may be permitted by special use permit when the Planning Board determines that a business is located in a highly pedestrian-oriented location. The permit may be conditioned as determined appropriate by the Planning Board, but in no way (excepting zoning district) shall the regulations outlined in § 351-7 be further relaxed.

[Added 3-5-2014 by Ord. No. 1-2014]

Internal/external illuminated signs.

[Amended 12-24-1994 by Ord. No. 94-9]

Internal illumination of signs shall be permitted by special use permit for properties along Hamilton Street in B1 and H Zones and in the Downtown Business Improvement District (BID) in the B2 Zone. No more than one internal illuminated sign shall be permitted for each business. Such signs shall contain the name of the business only; no product messages or slogans shall be permitted. All flashing signs shall be prohibited.

In reviewing said application the Zoning Board of Appeals shall take into consideration various aspects of the sign, including but not limited to size; color; proximity to street; residences; businesses; height; intensity of lighting; other signage in the area; type of lighting; and materials used to construct the sign. In addition, internally illuminated signs should be low intensity, have dark or opaque backgrounds, be compatible with other neighborhood signs or architectural features of the surrounding area, not block the visibility of other signs or businesses and needed by the applicant business to assure reasonable visibility.

External illumination of signs is permitted. Lighting shall, however, focus directly onto the sign and may not create a glare or reflection to such a degree that lighting shall become a nuisance or interfere with the public safety.

All signs permitted or allowed by special use permit shall be of a scale, color, texture, and materials that are compatible with the character of signage in the surrounding area and proportional in design with the building. Continuity among nearby signs shall be sought where possible.

All signs permitted or allowed by special permit shall be generally consistent with the standards and design guidelines in §§ 350-9I(6) and 350-14E.

Application is incomplete if the proposed sign does not meet the criteria in this section or the standards and design guidelines in §§ 350-9I(6) and 350-14E.

Banners. Banners and similar devices are prohibited, except nonpermanent ones displayed for the occasion of special events which shall be displayed no longer than for a three-week period and subject to approval of the Director of Public Works.

[Amended effective 7-3-1974 by Ord. No. 74-20]

Removal of certain signs.

Any sign now or hereafter existing which no longer advertises a bona fide business conducted or a product available for purchase by the public on the premises shall be taken down and removed by the owner, agent, or person having the beneficial use of the building or structure or land upon which such sign may be found within 10 days after written notification from the enforcement officer, and, upon failure to comply with such notice within the time specified in such order, the enforcement officer is hereby authorized to cause removal of such sign, and any expense incident thereto shall be paid by the owner of the building or structure or land to which such sign is attached.

When, for whatever reason, a sign is removed from a building, pole, ground support, etc., all supporting devices must also be removed. This may include, but is not limited to, brackets, pole, chains, posts, beams, slabs of bases, etc. Such supporting devices shall be removed at the time that the sign is removed.

[Added 11-1-1989 by Ord. No. 89-18]