In any but a manufacturing or agricultural district,
the removal of sod, loam, sand, gravel or quarried stone for sale,
except when incidental to or in connection with the construction of
a building, shall be permitted only on approval of the Town Board.
No land in any area shall be used for the commercial
disposal of garbage or rubbish by landfill or other method without
the written prior approval of the Town Board. No private or residential
area shall be used for garbage or rubbish disposal. Disposal of garbage
or rubbish must not violate any state health codes or statutes or
any Town ordinance or local law.
[Amended 5-8-2017 by L.L.
No. 1-2017]
A.
General provisions.
(2)
All signs shall be maintained in a safe and neat condition.
(3)
No sign shall encroach on a public right-of-way or on public
property without written authorization from the permitting agency
or entity responsible for operation and maintenance of the public
property or right-of-way.
(4)
Any new "off-premises" sign permits shall be issued by the Town
Code Enforcement Officer in accordance with this section and upon
payment of a nonrefundable fee of $25. There is also an annual sign
permit renewal fee of $25. The fees shall be collected by the Town
Code Enforcement Officer.
(5)
No sign shall be taller than 15 feet above grade. Signs may
be taller than 15 feet above grade only with Zoning Board of Appeals
approval.
(6)
No sign shall be illuminated so as to constitute a hazard to
safety or health, or to distract motorists on public highways, or
so as to affect adversely neighboring property or the occupants thereof.
(7)
Maximum sign size as set forth herein refers to the size of
the face of the sign and does not include the base or structure of
the sign.
(8)
If a sign is double-sided, the area of the larger side shall
be considered for compliance with maximum sign area.
(9)
If this section is interpreted to conflict with New York State
sign regulations, the New York State regulations shall control.
(10)
In the case of a sign requiring a New York State Department
of Transportation ("DOT") permit, such permit shall be presented to
the Code Enforcement Officer and Zoning Board of Appeals prior to
the issuance of a Town permit.
B.
Residential districts.
(1)
In residential zoning districts, there shall be permitted one
sign in connection with the permitted use of the premises or activities
carried on within the confines of the premises. The sign must be located
on the parcel where the use is conducted.
(2)
Such on-premises sign shall have a maximum size of 12 square
feet (six square feet for home occupations).
(3)
Electronic and illuminated signs are prohibited in residential
districts.
(4)
Signs in residential districts shall be no closer to the road
than 1/2 of the required zoning frontage.
(5)
Also permitted shall be one sign no larger than 12 square feet
advertising the sale or rental of the property on which it is located.
C.
Agricultural districts.
(1)
All signs allowed in residential districts are allowed in agricultural
districts, except that on-premises signage larger than 12 square feet
will be allowed with Zoning Board of Appeals approval.
(2)
Illuminated signs are allowed in agricultural districts only
with Zoning Board of Appeals approval.
(3)
In addition to an on-premises sign, on property 10 acres or
more, with a minimum road frontage of 300 feet, along New York State
highways, there shall be permitted one sign per tax parcel relating
to a business conducted off premises.
(4)
The aforesaid off-premises sign shall have a maximum size of
32 square feet, its width shall not exceed its height by more than
a factor of two, it shall conform to a one-hundred-foot side-yard
setback, and it shall be set back from the road at least 1/2 of the
required zoning frontage.
(5)
Off-premises signage may not be located within 150 feet of any
other off-premises sign or any residence.
D.
Business districts. There shall be permitted for each business conducted
on the premises one "business sign," as defined by this Code, attached
to the building, subject to the following conditions:
(1)
The area of the sign shall not exceed one square foot for each
linear foot of the business building frontage.
(2)
Where a building has frontage on more than one street, there
may be one sign for each street frontage.
(3)
In the case of a sign consisting of letters or devices painted
on or applied to the building, the area of the sign shall be taken
as the area required to circumscribe all such letters or devices.
(4)
Where a business or type of business is ordinarily identified
by a freestanding sign or advertising device, such as a restaurant,
one sign or device, in addition to a sign or signs attached to the
building, may be permitted on approval of the Zoning Board of Appeals.
(5)
In the case of a sign or device attached to a building at right
angles and designed to be read from both sides, the area of one side
only need be counted.
(6)
No sign or device shall overhang any public street or right-of-way.
(7)
No sign or device shall be illuminated so as to constitute a
hazard to safety or health, or to distract motorists on public highways,
or so as to affect adversely neighboring property or the occupants
thereof.
E.
Violations.
(1)
By order of the Vernon Town Board, a violation of this section
shall be punishable by a fine of $100 per day the violation continues
to exist after written notice to the owner of the property on which
the sign is located.
(2)
If a violation of this section is found by a local or state
court, the Town's remedies shall include removal of the offending
sign.
A.
Home occupations are permitted only in those districts
as specified in this chapter and shall conform to the following conditions:
(1)
Such home occupation is customarily carried
on in a dwelling unit; and
(2)
Such home occupation is carried on by a member
of the family residing in the dwelling unit; and
(3)
Such home occupation conforms to the following
additional conditions:
(a)
The occupation or profession shall be carried
on wholly within the principal building or within a building or other
structure accessory thereto.
(b)
Home occupations in accessory structures shall
not exceed 30% of the floor area of the principal residential structure.
(c)
There shall be no exterior display or exterior
sign larger than six square feet, no exterior storage or materials
and no other exterior indication of the home occupation or variation
from the residential character of the principal building.
(d)
No offensive noise, vibration, smoke, dust,
odors, heat or glare shall be produced.
B.
In particular, a home occupation includes but is not
limited to the following: dressmaking, laundering, home cooking, teaching
(musical instruction limited to a single pupil at a time), antique
shops, barbershops, beauty parlors, bed-and-breakfast establishments
and the skilled practice by an accountant, architect, artist, dentist,
doctor, engineer, insurance agent, lawyer, musician, realtor or member
of any other profession within a dwelling occupied by the same. However,
a home occupation shall not be interpreted to include the following:
commercial stables and kennels, restaurants and tearooms, musical
instruction to groups, dancing instruction, tourist homes, convalescent
homes, mortuary establishments and other trades and businesses of
a similar nature. If any home occupation use is discontinued for one
continuous year, a new application to resume the use must be made.
In any event, the home accommodating the home occupation use must
be occupied by the fee owner and must not be leased or rented to another.
Pursuant to Chapter 742 of the Laws of 1979, the siting of houses to take best advantage of solar energy and/or the construction of residential solar equipment shall be considered in the application of the provisions of this chapter. Upon appeal pursuant to § 139-94 of this chapter, the Zoning Board of Appeals shall consider the specific conditions of the case and may make provisions for, so far as conditions permit, the accommodation of solar energy systems and equipment and access to sunlight necessary therefor.
A.
No junk shall be located so as to be visible from
public roads. No fluids from junk shall be drained or dumped on public
or private property. No junk shall be buried or burned, except in
compliance with the New York State Solid Waste Disposal Law. Disposal
and storage of junk shall comply with New York State and Oneida County
laws, rules and regulations.
B.
Junkyard operation. No junkyard shall be operated without a special permit pursuant to § 139-96C. In addition to the requirements and procedures set forth in § 139-96C, all junkyards shall be governed by the following:
(1)
No junkyard shall be located within 25 feet
of any adjoining property line; 50 feet of any public park, church,
educational facility, nursing home, right-of-way of any public road
or public building or other place of public gathering; or 200 feet
of any stream, lake, pond, wetland or other body of water.
(2)
There must be erected and maintained an eight-foot
fence enclosing the entire junkyard with a locking gate. The fence
must be adequate to prevent the entrance of children and others into
the area, to screen the yard from view from the street or adjoining
property and to contain the junk safely within.
(3)
The aforesaid requirements are in addition to
the requirements of General Municipal Law § 239 or any recodification
thereof.
No building permit shall be granted with respect
to a parcel with limited access, except pursuant to the procedures
set forth in Town Law § 280-a or any recodified or renumbered
provision thereof. This provision shall be deemed to refer to any
amendments to said statute, and, accordingly, the text of the statute
at the time the building permit application is made will control.
In addition to the other regulations and procedures
applicable to home occupation uses, applicants for bed-and-breakfast
establishment approval must comply with the following:
A.
Detailed plans of the structure and layout of the
residence must be submitted, together with a written statement from
the Code Enforcement Officer as to safety, fire protection and structural
soundness, with recommendations, if any, for improvements or changes
deemed advisable.
B.
The applicant must demonstrate compliance with all
applicable regulations, including the New York State Uniform Fire
Prevention and Building Code.
C.
Bedrooms and bathrooms of the dwelling used for paying
guest accommodations shall not exceed 1/3 of the habitable floor area
of the dwelling, and no more than four rooms shall be used as bedrooms
for paying guests.
D.
No more than eight guests per night (two guests per
room maximum) shall be permitted, but the Zoning Board of Appeals
may fix a lower maximum if appropriate. No guest shall stay on any
one visit more than 15 days.
E.
There must be at least one off-street parking space
per paying room.
F.
No apartments or rental units shall be permitted beyond
the residents' living quarters and the bed-and-breakfast rooms.
G.
Only one daily morning meal per paying guest shall
be served.
H.
A lighted sign, maximum six feet square, shall be
permitted. Neon or flashing signs are not to be permitted.
I.
Upon a change of ownership, the new owner must reapply
to the Zoning Board of Appeals for a renewal of the permit.
A.
Swimming pools as defined in the New York State Uniform
Fire Prevention and Building Code shall be enclosed by a fence or
other barrier to access by children and shall also, in addition, comply
with the pertinent provisions of the New York State Uniform Fire Prevention
and Building Code.
B.
This provision concerning swimming pools applies to
all such pools, whether built before or after the enactment of this
provision.
