In addition to all other requirements set forth
in this chapter, the following supplementary regulations shall apply,
except as herein specified, in all zoning districts created by this
chapter and all amendments hereto.
No land or building in any district shall be
used or occupied in any manner so as to create any dangerous, injurious,
noxious or otherwise objectionable element or condition and a zoning
permit shall not be issued therefor unless the following performance
requirements are observed to the satisfaction of and approved in writing
by the Town Planning Board:
A. Fire hazards. Any activity involving the use or storage
of flammable or explosive materials shall be protected by adequate
fire fighting and suppression equipment and by such other safety devices
as are normally used in the handling of such materials.
B. Radioactivity or electrical disturbance. No activity
shall emit dangerous radioactivity or electrical disturbance at any
point where it may adversely affect other land uses within the Town.
C. Noise. Noise which is objectionable as determined
by the Planning Board shall be muffled or otherwise controlled except
that air raid sirens and related apparatus used solely for public
purposes are exempt from this requirement.
D. Vibration. No vibration shall be permitted which is
discernible without instruments on any adjoining property.
E. Smoke. Smoke shall not be permitted for longer than
eight minutes in any hour which is of shade equal to or darker than
No. 3 on the Standard Ringelmann Chart as issued by the US Bureau
of Mines.
F. Odors. No malodorous gas or matter shall be permitted
which is discernible on any adjoining property.
G. Air Pollution. No pollution of air by fly ash, dust,
vapors or other substance shall be permitted which is harmful to health,
animals, vegetation or other property or which can cause excessive
soiling.
H. Glare. No direct or reflected glare shall be permitted
which is visible from any property outside an Industrial District
or from any public thoroughfare.
I. Erosion. No erosion by either wind or water shall
be permitted which will carry objectionable substances onto neighboring
properties.
J. Water pollution. No pollution of water by chemicals
or other substances shall be permitted which is unhealthful to animal
or plant life as determined by the Cattaraugus County Health Department.
With the exception of public road and highway
signs, no sign or billboard shall be permitted in any district except
as hereinafter provided.
A. Real estate signs not exceeding 12 square feet in
area and advertising the sale, rental or lease of the premises on
which the sign is located shall be permitted on any property.
B. Announcement or professional signs for legitimate
home occupations and professional activities and name of resident
signs not exceeding more than six feet in area shall be permitted
in any district where such activities are permitted.
C. Bulletin boards and signs for a church, school, community
or other public or semipublic institutional building shall be permitted
provided that the area of such sign does not exceed 15 square feet
in area and such signs are set back a minimum of 15 feet from the
established right-of-way line.
D. Temporary signs not exceeding 50 square feet, announcing
the erection of a building, the architect, builders, etc., may be
erected for the period of 60 days plus the construction period; provided,
however, the same shall be removed from the premises upon the completion
of the building.
E. In a Business District, each business shall be permitted
to erect one flat or wall sign for the purpose of permanent advertising.
The area of such sign for any single business enterprise shall be
limited according to the frontage width of the building or the frontage
width of the part of the building occupied by such enterprise. In
computing the maximum size, each business enterprise may have a permanent
sign of an area equivalent to 1 1/2 square feet of sign area for each
linear foot of frontage width occupied, but in no case shall exceed
a maximum area of 100 square feet. A freestanding pole sign of symbolical
design not over 30 feet in height and not in excess of 40 square feet
in sign area may also be permitted each business providing that:
(1) No part of such sign shall project into or over any
public right-of-way.
(2) The pole support of such sign shall not be less than
40 feet from any lot in any residential district.
F. In an Industrial District, a sign or billboard may
be erected which pertains to the specific use of the property upon
which it is erected. The area of such sign shall not exceed more than
100 square feet in area, except that the Zoning Board of Appeals may
approve signs of up to 200 square feet in area provided that they
be at least 35 feet from any street line and 50 feet from any other
lot line.
G. Except as provided above, signs and outdoor advertising
structures, where permitted, shall be set back from the established
right-of-way line of any street or highway at least as far as the
required front yard depth for a principal use in such district. Further,
no outdoor advertising sign or structure shall be located within 500
feet of another such sign or structure.
In all districts in connection with every residential,
commercial, industrial, institutional or other use, there shall be
provided at any time any building or structure is erected, enlarged
or increased in capacity, off-street parking spaces for automobiles
in accordance with the following requirements:
A. Each off-street parking space shall have an area of
not less than 160 square feet exclusive of access drives or aisles,
and shall be of usable shape and surface.
B. There shall be adequate provision for ingress and
egress to all parking spaces. Where a lot does not abut on a private
or public access drive, an access drive of not less than eight feet
in width in the case of a dwelling and not less than 18 feet width
in all other cases leading to the parking area shall be required.
C. The number of off-street parking spaces to be provided
shall not be less than the following:
|
Use
|
Parking Spaces Required
|
---|
|
Residential
|
1 per dwelling room
|
|
Rental units, motels an hotels
|
1 per rental room or unit
|
|
Church or school
|
1 for each 8 seats in principal gathering room
|
|
Restaurant
|
1 or every 4 seats
|
|
Golf course
|
6 for each hole
|
|
Private club or lodge
|
1 for each 10 members
|
|
Country club
|
1 for each 5 members
|
|
Theater
|
1 for every 4 seats
|
|
Offices, clinics, wholesale establishments and
business services
|
1 for every 300 square feet of floor space
|
|
Retail store or personal service establishment
|
1 for each 100 square feet of floor space
|
|
Industrial uses
|
1 for each 2 employees on the maximum working
shift
|
|
Hospital
|
1 for every 3 and 1 for each
|
|
|
2 employees on the maximum working shift
|
|
Sanitarium or convalescent home
|
1 for every 3 beds and 1 for each 2 employees
on the maximum working shift
|
|
Dance hall, assembly or exhibition hall, nightclub
cafe or similar recreation establishment
|
1 for each 100 square feet of floor area
|
|
Bowling alley
|
5 for each alley
|
|
Mortuary or funeral home
|
1 for each 75 square feet of floor area
|
|
Public swimming pool
|
1 for each 40 square feet of pool area
|
D. Every building having a gross floor area of 10,000
square feet or more, requiring the loading or unloading of trucks,
shall provide and maintain at least one off-street loading space plus
one additional space for each additional 100,000 square feet of gross
floor area or fraction thereof. Each loading space shall be not less
than 10 feet in width, 25 feet in length and 14 feet in height.
Without a special permit from the Board of Appeals,
no person shall strip, excavate or otherwise remove topsoil for sale
or use other than on the premises from which the same shall be taken
except in connection with the construction or alteration of a building
or paved parking area on such premises and excavation or grading incidental
thereto.
Temporary buildings or trailers, other than
buildings or trailers for living purposes, to be used in connection
with construction work only, may be permitted in any district during
the period that the construction work is in progress, but such temporary
buildings shall be removed upon the completion of such work. Permits
for temporary, nonresidential buildings shall be used for a one-year
period and must be renewed for continued use.
On corner lots, no fence, wall, hedge or other
structure or planting interfering with visibility from motor vehicles
shall be erected, placed, maintained, continued or permitted within
the triangular area formed by the intersecting street lines on such
lots and a line drawn between two points 30 feet distant from the
intersection, measured along said street lines.
Where sewage disposal shall be required for
any building, structure or other use, no building permit shall be
issued except upon approval of plans for such facilities by the Cattaraugus
County Health Department.
Where permitted in §
180-17 of this chapter as a special use with Zoning Board of Appeals approval, all automobile graveyards and junkyards shall conform to the following requirements:
A. The permittee must personally manage or be responsible
for the management of the activity or business for which the permit
is granted.
B. The permittee must maintain an office and a sufficient
number of employees on the premises to assure the proper and safe
conduct of such activity or business, to minimize the fire hazard
therefrom and to prevent improper trespass thereon by children and
others.
C. The permittee must erect and maintain in good condition
a solid six-foot fence of wood or of other acceptable material, adequate
to prohibit the entrance of children and others into the area of the
activity or business and to contain within such fence the materials
dealt in by the permittee and if such area abuts a residential area
or public street or highway, such fence shall be at least 50 feet
from the boundary line or right-of-way thereof. All the materials
dealt in by the permittee shall be kept within such fence at all times.
D. When the area is not supervised by the permittee or
his employees, the fence shall be locked at a secure gate in a secure
manner.
E. The area of the permittee's activity or business shall
not be used a dump area or as a place for the burning and disposal
of junk or trash.
F. The Town Police, the Town Clerk, or the Town Board
or any of its representatives shall be granted access to the area
of the activity or business of the permittee at all reasonable hours
to inspect the same for compliance herewith.
G. No person shall keep or maintain more than one junkyard
at a single location by virtue of one permit.
H. Open fires may be prohibited at the discretion of
the Town Board and unattended fires shall not be permitted on any
premises covered under this provision of this Zoning Chapter.
I. The autos, parts and materials dealt in by the permittee
shall be disassembled or dismantled by means other than by burning.
They shall be piled or arranged in neat rows as to permit easy, clear
passage through the area.
J. There shall be maintained at each such place activity
or business for which a permit is issued at least one fire extinguisher
of approved design and capacity for each 40,000 square feet of area.
Each such fire extinguisher shall be hung or mounted in a conspicuous
place, clearly marked and available.
[Amended 10-21-1983 by L.L. No. 2-1983]
A. General standards.
(1) All new construction and substantial improvements
(including mobile homes) shall be anchored to prevent flotation, collapse
or lateral movement of the structure.
(2) All new construction and substantial improvements
shall be constructed with materials and utility equipment resistant
to flood damage.
(3) All new construction or substantial improvements shall
be constructed by methods and practices that minimize flood damage.
(4) Service facilities. Any public facility including
electrical and heating shall be constructed at or above the regulatory
flood protection elevation for the particular area or floodproofed.
(5) All new and replacement water supply systems shall
be designed to minimize or eliminate infiltration of floodwaters into
the system.
(6) New and replacement sanitary sewage systems shall
be designed to minimize or eliminate infiltration of floodwaters into
the systems and discharges from the systems into floodwaters; and
(7) On-site waste disposal systems shall be located to
avoid impairment to them or contamination from them during flooding.
(8) Review subdivision proposals and other proposed new
development to determine whether such proposal will be reasonably
safe from flooding.
(a)
Subdivision should be reviewed to assure that:
[1]
All such proposals are consistent with the need
to minimize flood damage.
[2]
All public utilities and facilities such as
gas, sewer, electrical and water systems are located and constructed
to minimize or eliminate flood damage.
[3]
Adequate drainage shall be provided to reduce
exposure to flood hazards.
(b)
All subdivision proposals and other proposed
new developments greater than 50 lots or five acres, whichever is
the lesser, shall require base flood elevation data.
B. Specific standards.
(1) (For municipalities which have zones lacking FIA base
flood elevation data.) Within A Zones, in the absence of Federal Insurance
Administration base flood elevation data, other available data must
be considered as basis for elevating residential structures to or
above the base flood level, and floodproofing or elevating nonresidential
structures to or above the base flood level must be considered for
the purpose of determination of applicable flood insurance risk premium
rate with such A Zones.
(2) Residential construction. New construction or substantial
improvement of any residential structure shall have the lowest floor,
including basement, elevated to or above base flood elevation.
(3) Nonresidential construction. New construction or substantial
improvement of any commercial, industrial or other nonresidential
structure shall either have the lowest floor, including basement,
elevated to the level of the base flood elevation or, together with
attendant utility and sanitary facilities, be floodproofed so that
below the base flood level the structure is watertight with walls
substantially impermeable to the passage of water and with structural
components having the capability of resisting hydrostatic and hydrodynamic
loads and effects of buoyancy. A registered professional engineer
or architect shall certify that the standards of this subsection are
satisfied. Such certification shell be provided to the official.
(4) Mobile homes.
(a)
No mobile home shall be placed in a floodway,
except in an existing mobile home park or existing mobile home subdivision.
(b)
All mobile homes shall be anchored to resist
flotation and collapse, or lateral movement by providing over-the-top
and frame ties to ground anchors. Specific requirements shall be that:
[1]
Over-the-top ties be provided at each of the
four corners of the mobile home, with two additional ties per side
at intermediate locations, and mobile homes less than 50 feet long
requiring one additional tie per side;
[2]
Frame ties be provided at each corner of the
home with five additional ties per side at intermediate points, and
mobile homes less then 50 feet long requiring four additional ties
per side.
[3]
All components of the anchoring system be capable
of carrying a force of 4,800 pounds; and
[4]
Any additions to the mobile home be similarly
anchored.
(c)
For new mobile home parks and subdivisions;
for expansions to existing mobile home parks and subdivisions; for
existing mobile home parks and subdivisions where the repair, reconstruction
or improvement of the streets, utilities and pads equals 50% of value
of the streets, utilities and pads before the repair, reconstruction
or improvement has commenced; and for mobile homes not placed in a
mobile home park or subdivision, require:
[1]
Stands or lots are elevated on compacted fill
or on pilings so that the lowest floor of the mobile home will be
at or above the base flood level;
[2]
Adequate surface drainage and access for a hauler
are provided; and
[3]
In the instance of elevation on pilings, lots
are large enough to permit steps, piling foundations are placed in
stable soil no more than 10 feet apart and reinforcement is provided
for pilings more than six feet above the ground level.
C. The following regulations shall apply in all areas
designated as F-1 Districts:
(1) No permanent structures shall be permitted in the
F-1 District.
(2) Encroachments, including fill, new construction, substantial
improvements and other developments, unless certification by a professional
registered engineer or architect is provided demonstrating that encroachments
shall not result in any increase in flood levels during occurrence
of the base flood discharge, are prohibited.
D. Flood control facilities. With the construction of
flood control facilities approved by the Town Planning Board and the
New York State Conservation Department, permits may be granted in
the F-1 District for the same uses that are permitted in the non-floodway
district nearest it on the Zoning Map.
E. Standards for areas of shallow flooding (AO Zones) (for municipalities which have a shallow flood zone). Located within the areas of special flood hazard established in Subsection
B are areas designated as shallow flooding. These areas have special flood hazards associated with base flood depths of one to three feet where a clearly defined channel does not exist and where the path of flooding is unpredictable and indeterminate; therefore the following provisions apply:
(1) All new construction and substantial improvements
of residential structures have the lowest floor, including basement,
elevated above the crown of the nearest street to or above the depth
number specified on the community's FIRM.
(2) All new construction and substantial improvements
of nonresidential structures shall:
(a)
Have the lowest floor, including basement, elevated
above the crown of the nearest street to or above the depth number
specified on the FIRM; or
(b)
Together with attendant utility and sanitary
facilities be completely floodproofed to or above that level so that
any space below that level is watertight with walls substantially
impermeable to the passage of water and with structural components
having the capability of resisting hydrostatic and hydrodynamic loads
and effects of buoyancy.