The Planning Board, in reviewing a site plan, shall be guided
by the considerations and standards presented in this article. In
the review, the Planning Board shall take into consideration the prospective
character of the development and require that improvements be designed
to such standards as are consistent with reasonable protection of
the public health, safety, or welfare. For permitted uses, the Code
Enforcement Officer shall ensure compliance with this article and
any other applicable ordinances, articles or sections.
A.
Lot size and arrangement. The dimensions and arrangements of lots
shall be such that there will be no foreseeable difficulties, for
reasons of topography or other conditions, in providing access to
buildings on such lots or in securing building permits to build. In
general, side lot lines shall be at right angles or radial to road
lines, unless a variation from this can be shown to result in a better
plan.
B.
Access. Insofar as possible, lots shall not derive access from a
primary road. Access to lots adjacent to a primary road shall, in
general, be from marginal access roads or other roads within the development.
Where a watercourse separates the buildable area of a lot from the
road by which it has access, provision shall be made for installation
of a culvert or other structure, which shall be subject to the same
design criteria and review as all other stormwater drainage facilities
in the development.
A.
Road arrangement.
(1)
Road systems shall be designed with due regard to the needs for convenient
traffic access and circulation; traffic control and safety; access
for fire-fighting, snow removal, and road maintenance equipment; and
stormwater drainage and sewage disposal. Roads shall be designed to
accommodate the prospective traffic, and be so arranged as to separate
through traffic from neighborhood traffic insofar as it is practicable.
(2)
The roads in contiguous developments shall be coordinated so as to
compose a convenient system. Where a development adjoins undeveloped
land, its roads shall be laid out so as to provide suitable future
road connections with the adjoining land where the latter shall be
developed. A road thus temporarily dead-ended shall be constructed
to the property line and shall be provided with a temporary turnaround
of the same dimensions as for permanent dead-end roads if in excess
of 200 feet, with a notation on the construction plat providing for
temporary easements for the turnaround until such time as the road
is extended.
(3)
Roads shall be logically related to the topography, and all roads
shall be arranged so as to obtain as many as possible of the building
sites at or above the grade of the roads. Grades of roads shall conform
as closely as possible to the original topography. A combination of
steep grades and sharp curves shall be avoided.
(4)
Where a development abuts on or contains an existing or proposed
primary road, the Planning Board may require marginal access roads,
reverse frontage with screen planting contained in a nonaccess reservation
along the rear property line, deep lots with or without rear service
alleys, or such treatment as may be necessary for adequate protection
of residential properties and to afford separation of through and
local traffic.
(5)
Where a development borders or contains an existing or proposed railroad
right-of-way or controlled-access highway right-of-way, the Planning
Board may require a road approximately parallel to and on each side
of such right-of-way, at a distance suitable for the appropriate use
of the intervening land, as for park purposes in residential districts,
or for business, commercial or industrial purpose in appropriate districts.
Such distances shall also be determined with due regard for the requirements
of approach grades and future grade separations.
B.
Standards for road designs. All roads shall be designed and constructed
to conform to New York State and Town specifications. The Town Highway
Superintendent shall approve all road design and construction.
C.
Dead-end roads. Where a road does not extend to the boundary of the
development and its continuation is not needed for access to adjoining
property, it shall be separated from such boundary by a distance sufficient
to accommodate a lot meeting the requirements of this chapter. Reserve
strips of land shall not be left between the end of a proposed road
and an adjacent piece of property. However, the Planning Board may
require the reservation of an easement 15 wide for pedestrian traffic
or utilities. A turnaround of a minimum right-of-way radius of 80
feet shall be provided at the end of any permanent dead-end road.
For greater convenience to traffic and more efficient police and fire
protection, the length of permanent dead-end roads shall be limited
to six times the minimum lot width for the zoning district, such length
to be measured to the center point of the turnaround.
D.
Sidewalks. Concrete sidewalks at least five feet wide may be required
on both sides of all roads. They may also be required within pedestrian
easements through blocks to provide a system of pedestrian walkways
to schools, parks and other community facilities. Sidewalks should
be one foot from the property line inside the right-of-way, unless
the adjacent road is a state or county highway, in which case the
sidewalk shall be placed adjacent to and outside of the right-of-way.
Sidewalks within pedestrian easements shall be generally centered
within the easement.
E.
Trees. The developer shall take adequate measures to preserve existing
trees in suitable locations within the development. Road trees shall
be planted on both sides of the road within the right-of-way between
the sidewalk and the curb at intervals of approximately 50 feet, subject
to the location of driveways, road intersections, or other features.
In general, the road right-of-way shall be cleared of existing trees,
but occasional existing trees of unusual value 30 inches' dbh may
be preserved within the road right-of-way as approved by the Planning
Board.
F.
Road names and signs. All roads shall be named, and such names shall
be subject to the approval of the Planning Board. A road which is
a continuation of an existing road shall bear the same name. Relating
road names to features of local historical, topographical, or other
natural interest is encouraged. There shall be no duplication of existing
area road names. Road signs shall be provided by the developer at
all intersections and shall be of a type approved by the Town Highway
Superintendent.
G.
Road improvements, general. In addition to the required improvements
specifically referred to elsewhere in these regulations, plans shall
provide for all other customary elements of road construction and
utility service which may be appropriate in each locality as determined
by the Town. Such elements may include, but shall not be limited to,
road pavements, gutters, stormwater inlets, manholes, curbs, sidewalks,
road lighting standards, water mains, fire hydrants, fire alarm signal
devices, and sanitary sewers. Underground utilities within the road
right-of-way shall be located as required by the Town and underground
service connections to the property line of each lot shall be installed
before the road is paved. All road improvements and other construction
features of the development shall conform to municipal specifications
which may be established from time to time and shall be subject to
approval as to design, specifications, and construction by the Town
Superintendent of Public Works.
H.
Widening of existing road right-of-way. Where a development adjoins
an existing road which does not conform to the Town's right-of-way
standards, the Planning Board may require that additional right-of-way
width as necessary be provided, on the development side of the normal
road center line, a width which is equal to at least 1/2 of the minimum
standard width for the respective type of road.
I.
Typical road section. The typical section approved by the Town Highway
Superintendent shall be used for all roads. Pavement and right-of-way
widths may vary with type of use.
A.
General requirements.
(1)
It shall be the responsibility of the owner of a property to provide
the off-road parking spaces required in the listing below for any
use which is erected, enlarged, or structurally altered after the
effective date of this chapter.
(2)
A parking space shall be a minimum of nine feet by 18 feet, exclusive
of passageways and driveways appurtenant thereto and giving access
thereto, and have direct access to road or alley.
(3)
No exit or entrance drive connecting a parking area and a road shall
be permitted within 30 feet of the intersection of two public rights-of-way.
(4)
Where appropriate, the Zoning Board of Appeals may, upon the presentation
of evidence, vary the number and circumstances of the following parking
space requirements, in order that the general welfare be served and
the prospective uses be equitably treated.
(5)
In stadiums, churches, and other places of assembly, in which patrons
or spectators occupy benches, pews, or other similar seating facilities,
each 20 inches of such seating facilities shall be counted as one
seat.
(6)
The lighting of off-road parking lots shall not be directed into
adjacent properties.
(7)
If the uses, structures or parcels are under separate ownership,
the right to joint use of the parking space must be evidenced by a
deed, lease, contract or other appropriate written document to establish
the joint use.
(8)
Off-road parking in residential areas shall be restricted to noncommercial
vehicles only and the use of the area by commercial vehicles, house
trailers, buses and other motorized equipment not of a residential
passenger-carrying nature shall be prohibited.
B.
Required off-road parking spaces. The minimum cumulative number of
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 buildings
or structures, and such minimum number of spaces shall be maintained
by the owners of such buildings or structures, as follows:
(1)
One-unit dwelling: two spaces.
(2)
Two-unit dwelling: two spaces per dwelling unit.
(3)
Multiunit dwelling: two spaces per each dwelling unit.
(4)
Hospitals, nursing homes: one space for each employee on major shift,
plus 25 spaces per bed.
(6)
Motels/Hotels: one space for each unit, plus one space for every
four employees, plus one space per 150 square feet of net area in
restaurants and assembly rooms.
(7)
Offices, general, retail, professional: one space for each 300 square
feet of gross floor area.
(8)
Retail establishments, funeral homes, veterinary hospitals, banks,
and related commercial establishments of a personal service: one space
for each 300 square feet of gross floor area over 1,000 square feet.
(9)
Restaurants: one space for each 60 square feet of customer floor
area.
(10)
Conference/Convention centers, commercial recreation, private
membership clubs: one space for every 150 square feet of public assembly
space.
(11)
Roadside stands: one space for every 50 square feet of area
devoted to selling or display.
(12)
Nursery and elementary schools: one space per employee, plus
two additional spaces per classroom.
(13)
High schools and colleges: five spaces for each classroom.
(14)
Churches, temples, auditoriums, theaters: one space for every
2.5 seats.
(15)
Industrial uses:
(a)
One space for each 800 square feet of floor area devoted to
manufacture, including printing, publishing, and laundry or dry-cleaning
plants.
(b)
One space for each 1,500 square feet of floor area devoted to
storage or stationary operating equipment.
(c)
One space for each 3,000 square feet of area devoted to outside
storage, including used car lots and equipment rental or sales yards.
(d)
One space for each company vehicle.
C.
Calculation of required spaces. In the case of a combination of uses,
the total requirements for off-road automobile parking spaces shall
be the sum of the requirements for the various uses, unless it can
be proven that staggered hours of use would permit modification. Whenever
a major fraction of a space is required, a full space shall be provided.
D.
Dimensions for off-road automobile parking spaces and lots. Every
such space provided shall be at least nine feet wide and 18 feet long,
and every space shall have direct and usable driveway access to a
road with minimum maneuver area between spaces as follows:
(1)
Parallel club parking: five feet end to end with twelve-foot aisle
width for one-directional flow and twenty-four-foot aisle width for
two-directional flow.
(2)
Thirty-degree parking: thirteen-foot aisle width for one-directional
flow and twenty-four-foot aisle width for two-directional flow.
(3)
Forty-five-degree parking: sixteen-foot aisle width for one-directional
flow and twenty-four-foot aisle width for two-directional flow.
(4)
Perpendicular parking: twenty-four-foot aisle width for one-directional
and two-directional parking.
E.
Location of required parking spaces.
(1)
Residential districts. The following minimum requirements shall apply
to all off-road parking in the A, AA, and AAA Districts:[2]
F.
Construction of parking areas. All off-road parking areas, with the
exception of one-unit dwellings, shall be paved with a suitable all-weather,
dust-free surface. The individual spaces shall be visibly marked with
paint or other durable material.[3]
G.
Landscaping. At least 8% of the area of the lot usable for off-road parking shall be devoted to landscaping with lawn, trees, shrubs or other plant material. All loading berths and parking areas of three or more spaces that abut a residential lot line, and any parking lot for more than 20 cars, shall be screened adequately, as set forth in § 217-79, from the adjoining property. All parking areas and landscaping shall be properly maintained thereafter in a well-kept condition.[4]
In the NB, GB, and M Districts for a lot or structure which
is to be occupied by manufacturing, commercial, business or other
similar uses requiring the receipt and distribution by vehicles of
materials or merchandise, there shall be provided and maintained,
on said lot, off-road loading berths as specified below:
A.
Required loading berths. The following shall be considered minimum
requirements:[1]
|
Use
|
Gross Floor Area
(square feet)
|
Loading Berth Requirements
| |
|---|---|---|---|
|
Retail store, wholesale establishments, storage uses and other
commercial uses
|
3,000 to 15,000
|
1
| |
|
15,001 to 40,000
|
2
| ||
|
Each 25,000 additional
|
1
| ||
|
Motels, hotels, office buildings
|
90,000 or less
|
1
| |
|
90,001 to 300,000
|
2
| ||
|
Each 200,000 additional
|
1
| ||
|
Industrial uses
|
15,000 or less
|
1
| |
|
15,001 to 40,000
|
2
| ||
|
40,001 to 90,000
|
3
| ||
|
Each 40,000 additional
|
1
|
|
NOTE:
| |
|---|---|
|
In the site plan approval process, the Planning Board may modify
the above requirements based on the scale of the operation.
|
B.
Dimensions of loading berths. Each loading berth, either open or
enclosed, shall be 55 feet long, 12 feet wide and 14 feet high; businesses
utilizing vehicles not larger than panel trucks may have berths which
are not smaller than 20 feet long, 10 feet wide and eight feet high.
C.
Location of berths. The Planning Board shall require that berths
are located in such a way as not to unreasonably interfere with the
movement of people and vehicles on public ways and within on-site
parking. The Planning Board may allow use of a public alley to satisfy
loading berth requirements.
A.
Accessory buildings. Accessory buildings, which by definition are
not attached to principal buildings, shall comply with the following:[1]
(1)
All structures 81 square feet or more in size shall require a building
permit.
(3)
Accessory buildings shall only be located in a rear yard or side
yard in compliance with the following scheduling:
(c)
Where any nonresidential district abuts an existing residential
use and/or a residential district, any accessory building shall be
located a minimum of 1/2 the distance specified in the Density and
Bulk Control Schedule for principal structures.[3]
[3]
Editor's Note: The Density and Bulk Control Schedule is included
at the end of this chapter.
(4)
Accessory buildings shall be located no closer to the principal building
than six feet if the exterior walls of each structure are noncombustible,
12 feet if either exterior wall is combustible.
(5)
Except in the AR District, accessory buildings shall not be located
closer to the road right-of-way than the principal building.
(6)
The maximum nonhabitable floor area for residential district accessory
buildings shall not exceed 900 square feet, which may be combined
in two buildings.
(7)
The maximum height for residential district accessory buildings shall
not exceed one story or 20 feet above average finished grade.
(8)
Maximum
number of accessory buildings. In a residential district, there shall
be no more than two accessory buildings per lot.
B.
Accessory uses. In a residential district, accessory uses not enclosed
in a building, including swimming pools and tennis courts, shall be
erected only on the same lot as the principal building and shall meet
the following standards:
(1)
Accessory uses shall not be located in the front yard on such lot.
(2)
Accessory uses shall be located not less than 10 feet from any lot
line and 20 feet from an adjoining residence.
(3)
Accessory uses shall not adversely affect the character of any residential
neighborhood by reason of noise or glare or safety.
(4)
Swimming pools shall be located and installed in conformance with
the New York State Uniform Fire Prevention and Building Code and any
other applicable state regulations. Such facilities shall be fenced
in accordance with said regulations.
C.
Where 25% or more of the lots in a block are occupied by buildings,
the average yard dimensions, average of lot coverage of such buildings
and the average side and rear yard setbacks shall determine the yard
setback and coverage requirements for any new accessory building or
use within the block. Where no standard block exists, the word "block"
as used above shall be interpreted to mean those structures within
250 feet of either side of the lot in question, on the same side of
the road. The average setback shall be based on no fewer than two
similar uses.
D.
Special designs. In cases where a developer has designed a grouping
of buildings, the Planning Board may approve the siting of accessory
buildings such as garages and carports in the front yard, provided
that the buildings are in compliance with all required setbacks.
No sign or other outdoor device for the purpose of advertising
of any kind may be erected or established in the Town except in conformance
with the standards in this section.
A.
General provisions.
(1)
Except as provided in Subsection B, all signs require a building permit and shall comply with applicable regulations of the New York State Uniform Fire Prevention and Building Code, and if electrical shall bear the seal or insignia of a nationally recognized testing company.
(2)
No permanent or temporary sign shall be erected or placed at or near
the intersection of any roads in such a manner as to cause a traffic
hazard at the intersection; or at any location where, by reason of
the position, shape, or color of the sign, it may interfere with,
obstruct the view of, or be confused with any authorized traffic sign,
signal or device, or which makes use of the words "Stop," "Look,"
"Drive-In," "Left," or any other words, phrase, symbol, or character
in such a manner as to interfere with, mislead or confuse traffic.
(3)
No building-mounted sign shall be placed or erected on the roof of
any building.
(4)
Except as provided in Subsection E of this section, no permitted freestanding sign shall be more than 20 feet in height above the average finished grade of the ground of the parcel on which the sign is located.
(5)
No freestanding signs or any part of such sign shall extend beyond
a property boundary or into a road right-of-way.
(6)
No freestanding sign shall obscure clear vision for any site or adjoining site driveway. All such signs shall be a maximum of three feet in height or not extend closer to the ground than eight feet in conformance with Subsection A(4) of this section.
(7)
The provisions of this section shall not apply to safety signs, road
signs, historical markers or highway directional signs erected by
municipal or public agencies.
(8)
Illumination of signs shall not be intermittent or of varying intensity
and may not produce excessive glare beyond the property lines.
(9)
No sign shall consist of banners, pennants, ribbons, streamers, spinners
or similar moving, fluttering or revolving devices. Signs with moving
parts are not permitted, except public service signs (such as time
and temperature) and interior signs which do not constitute a traffic
hazard as approved by the Town Board.
(10)
No sign shall project into a public right-of-way or be less
than 15 feet above any public driveway or thoroughfare.
(11)
Portable signs shall be permitted only for the purposes of nonprofit
organizations, shall not exceed 40 square feet in area and may be
allowed by a permit issued by the Code Enforcement Officer for special
event applications for a time period not to exceed four weeks.
(12)
Advertising signs and billboards as defined herein shall be
prohibited.
(13)
No advertising message shall be extended over more than one
sign placed along any road or highway.
(14)
Signs which are located inside of a building which are visible
from the exterior of the building shall be subject to the same size
restrictions and regulations as signs located on the exterior of a
building.
B.
Signs permitted in any district. No building permit shall be required
for the following signs, which shall be permitted in any district:
(1)
Real estate signs, a maximum of four square feet for individual residential
uses, and maximum of 32 square feet for business and industrial uses
and subdivisions. All such signs shall be located on the premises
being advertised for sale, not in the road right-of-way or off-premises.
(2)
Residence, professional or business nameplates a maximum of two square
feet.
(3)
Historical markers, tablets and statues, memorial signs or plaques;
names of buildings and dates of erection when cut into the masonry
surface or when fabricated of bronze, stainless steel or similar material;
and emblems installed by governmental agencies, religious or nonprofit
organizations, not exceeding six square feet.
(4)
Temporary signs denoting an architect, engineer, contractor, etc.,
not greater than four square feet in size, when placed upon the premises
where the construction is proposed or underway. Such signs shall be
removed within 15 days after construction is complete.
(5)
Traffic or other municipal signs, legal notices and such temporary
or nonadvertising signs for government purposes.
(6)
Temporary posters, nonpermanent banners and similar devices no larger
than four square feet in size may be displayed for political, community
and sporting events, shows and elections. Such signs shall not be
displayed for longer than four weeks prior to and one week following
the event.
(7)
Temporary posters, nonpermanent banners and similar devices no larger
than four square feet in size may be displayed for special promotional
sales events. Such signs shall not be displayed for longer than four
weeks prior to and one week following the event, and no use shall
display any such signs for a time frame of greater than four weeks
within any three-consecutive-month period.
(8)
All signs, certificates and licenses that are mandated to be on display
by any local, county, state or federal law or authority.
(9)
Seasonal or holiday decorations on private premises.
(10)
Two signs, each not exceeding four square feet in area, indicating
or calling attention to traffic entrances and exits, provided that,
if illuminated, such illumination shall cease at the close of business
hours or 11:30 p.m., whichever is later. Such signs shall not carry
any advertisement, insignia or business logo nor project more than
three feet above grade.
(11)
Any signs displaying directional arrows or language to direct
customers to certain services provided by a business, provided that
such signs do not carry any advertisement, insignia or business logo
nor shall they project more than three feet above grade.
C.
AR, ARA, AAA, AA, A District uses.
(1)
Multiunit dwellings and subdivision developments may display a maximum
of two identification signs which do not have an area of more than
30 square feet.
(2)
A dwelling unit, in which a home occupation is permitted, may display
a nonilluminated sign noting such occupation. Such sign shall be mounted
flat against a wall of the dwelling unit and shall be no more than
two square feet in area.
(3)
Civic, religious, educational, institutional, social and membership
clubs and similar uses may display one identification sign and/or
bulletin board incidental to the use. The aggregate total face area
of such sign shall not exceed 16 square feet.
D.
GB and NB District uses.
(1)
Types of permitted signs. The following signs are permitted in these
districts:
(a)
Flat facade: signs placed flush with the building.
(b)
Projecting: signs placed on a pole or similar device perpendicular
to the building. Such signs shall have a clearance of eight feet and
extend a maximum of five feet from the facade.
(c)
Window lettering: signs displayed, painted and/or affixed to
the window.
(d)
Awning: signs displayed, printed, painted and/or affixed to
an awning.
(e)
Detached sidewalk: signs, otherwise referred to as "sandwich
boards," placed within three feet of the curb so as not to obstruct
pedestrian traffic. Sidewalk signs shall be a maximum of three feet
in height and 12 square feet in area, be temporary in nature and not
be considered as part of the maximum aggregate signage total allowable
under this section.
(f)
Freestanding: signs that have integral supports that are not
affixed to a building or other structure.
(2)
Location and number of signs. A maximum of three principal business
signs are permitted in combinations of sign types per the following
guidelines:
(3)
Size of signs.
(a)
Principal business signs. The total display area of all signage
shall not exceed an area equal to one square foot of sign area per
each lineal foot of building frontage or 150 square feet, whichever
is less.
(b)
Accessory signs may be displayed at each establishment, provided
that such signs conform with the following:
[1]
Signs may be exhibited in any window area, provided that the
display area does not exceed 30% of each window area.
[2]
The aggregate total display area of all such signs does not
exceed an area equal to 0.5 square foot per lineal foot of building
frontage.
[3]
Additional signs may be located on the building facade or on
certain merchandise displays as may be appropriately stored outside.
[4]
Portable signs may be used as a part of the permitted total
accessory sign square footage, provided that the following minimum
standards are met:
[a]
All such signs shall be adequately attached to
the ground to withstand wind loads as per the Building Code.
[b]
All such signs shall conform to the Building Code.
[c]
All such signs shall be located in conformance with the required setbacks as set forth in Subsection A(5) of this section.
[d]
All such signs shall be maintained in a reasonable
manner and shall display a message. Failure to display a message for
one week or more shall be grounds for removal.
E.
Manufacturing District uses.
(2)
Location and number of signs. A maximum of three principal business
signs may be displayed for each business.
(3)
Size of signs.
(a)
Principal business signs. The total display area of all signage
shall not exceed an area equal to 1.5 square feet of sign area per
each lineal foot of building frontage or 200 square feet, whichever
is less. In no instance shall a single face of a sign exceed 100 square
feet.
(b)
Accessory signs may be displayed at each establishment, provided
that such signs conform to the following standards:
[1]
Signs may be permitted in any window area, provided that the
total display area does not exceed 30% of the window area.
[2]
Additional signs may be located on the building facade or on
certain merchandise displays as may be appropriately stored outside.
[3]
The aggregate total display area of all such signs shall not
exceed an area equal to 0.5 square foot per lineal foot of building
frontage.
F.
Plaza and mall signs. Where three or more business uses are combined
in a single structure and/or common grouping of structures sharing
parking and related facilities, the following sign provisions shall
apply:
(1)
No more than two freestanding or projecting principal business signs
may be displayed identifying the plaza or group of business names.
Each sign may have a maximum total aggregate face area of up to 200
square feet, with no single face greater than 100 square feet.
(2)
One directory sign identifying each business located within the plaza
may be displayed. The total aggregate face area of such sign shall
not exceed 100 square feet, and each business name identified on said
sign shall be of uniform size.
(3)
Each business in the plaza or grouping shall be allowed to display
one facade-mounted principal business sign. Said sign shall not exceed
10% of the front building facade. Establishments with more than one
front facade visible may have up to two such signs with the maximum
area calculated as herein described.
G.
Removal of certain signs. Any sign now or hereafter existing which
no longer advertises a bona fide business conducted, or a product
sold, shall be taken down and removed by the owner, agent, or person
having the beneficial use of the building or structure upon which
such sign may be found within 60 days after written notification from
the Code Enforcement Officer, and, upon failure to comply with such
notice within the time specified in such order, the Code 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 to which such sign is attached.
No person, firm or corporation shall construct or locate any
driveway entrance or exit into a road in the Town of Elmira without
having first met the provisions of this section.
A.
All work and materials shall be furnished as required to meet the
conditions set by the Highway Superintendent and County and State
Highway Departments.
B.
No alteration or addition shall be made to any driveway without first
securing permission from the Highway Superintendent.
C.
No driveway shall have an average grade that exceeds 10%.
D.
The slope of a nonresidential use driveway shall not exceed 2% within
25 feet of the intersecting public road.
E.
No more than two driveways to a single commercial establishment entering
on one road shall be permitted.
F.
No commercial drive shall be located within 40 feet of any intersection.
G.
Maximum width. The width shall be measured at the right-of-way line.
H.
Minimum width for all uses shall be 10 feet.
I.
The driveway shall be constructed with a suitable crown so as to
lessen the erosion effect of surface runoff. In addition, as specified
by the appropriate Highway Superintendent, a catch basin at a point
near the intersection of the driveway and road may be required. This
will prevent surface water and debris from being discharged onto the
road.[1]
Fences and walls are permitted as follows:
A.
Clear vision. Where the driveway meets the road and/or where one
road intersects with another road, a hedge, fence, wall or other plantings
shall not block the view or clear vision of a vehicle entering the
road. It is the Town's intent to protect and preserve a clear
vision area to maintain safe traffic flow and reduce potential conflicts
with pedestrians and bicycle traffic.
B.
Clear vision in accordance with the requirements of Subsection G of this section shall be maintained wherever a driveway meets the road right-of-way for a radius of five feet.
C.
In any use, the minimum clear vision distance shall be 25 feet from
the edge of the pavement at an intersection.
D.
Fences, walls, hedges or screen plantings may be required, as specified elsewhere in this chapter, for multifamily, commercial or industrial uses as are necessary to protect the residential quality of adjacent property as specified in § 217-79 of this chapter.
E.
Height restrictions.
(1)
Residential districts (A, AA, AAA, ARA).
(a)
A maximum height of four feet above the existing finished grade shall be permitted for fences, walls and plantings located in a front yard. At a road intersection, fences or walls shall be constructed of materials that shall not hinder clear vision in accordance with Subsection G of this section.
(2)
Business and Manufacturing Districts (NB, GB, M). There shall be
no restrictions, except that any fence or wall located on a residential
lot line or district boundary shall be limited to four feet in height
at the property line or a maximum of six feet if located a minimum
of six feet from the property line, above the existing finished grade.
F.
Location. All fences shall be located in their entirety within the
property boundaries.
G.
The clear vision area shall contain no plantings, fences, walls,
structures, or temporary or permanent obstructions exceeding three
feet in height measured from the top of the road pavement, unless
such plantings have all branches and foliage removed to a height of
eight feet above the finished grade.
H.
No trees, shrubs, or other plantings shall be allowed to intrude
on or obstruct any sidewalk or public walkway. All trees or other
plantings shall be trimmed to a maintain a height of seven feet of
clearance above any walkway.
The Town of Elmira is characterized by numerous steep slope
(10% or greater) areas. Special design treatment for roads, building
sites, and other development is needed to preserve the natural terrain,
trees, scenic views, etc. Development on steep slopes will be permitted,
subject to the following guidelines:
A.
Development proposals shall be of sufficient detail to show site
work (cut and fill), housing site location, erosion and drainage control
measures (terraces, sediment basins, diversions, retaining walls,
stream channel improvement, etc.) and road location (including cross-sections).
B.
Padding, which is the creation of level building sites, shall be
permitted only when it can be clearly demonstrated by exhibits that
the final treatment of the site will not reflect an unfavorable environmental
impact and/or an unfavorable visual appearance.
C.
Design principles shall include, but not limited to, the following:
(1)
Landscaping of areas around structures making them compatible with
the natural terrain.
(2)
Shaping, grouping and placement of man-made structures to complement
the natural landscape.
(3)
Arrangement of buildings so they complement one another to promote
visual interest.
(4)
Shaping of essential grading to complement existing land forms and
prohibit any appearance of successive padding, terracing or other
similar forms for building sites in the steep slope areas.
(5)
Development of off-road parking bays.
(6)
Use of turning circles at mid-block points to avoid the use of private
driveways for turning and parking movement.
(7)
Encouragement of split-level building sites.
(8)
Use of one-way roads when consistent with traffic safety, circulation
needs, and natural topography. This guideline allows for smaller road
rights-of-way, less cut and fill within a given area and a highway
network consistent with the natural terrain. Roads shall be parallel
with the hillside wherever possible and have variable-width right-of-way.
This not only provides the most economical routing, but also minimizes
the amount of grading required.
(9)
Land within the hill area that is in excess of 25% slope shall not,
to the greatest extent possible, be developed.
The Planning Board may, as a condition of site plan approval,
require that specific environmentally sensitive areas be designated
for nondevelopment or open space purposes. Such designation shall
depend upon the magnitude and character of the sensitive site features.
The Planning Board may consider the designation of certain site areas
for recreation purposes.
A.
Lands proposed for open space purposes shall be those lands that
exhibit significant environmental constraints and are, therefore,
not suitable for development purposes, shall either be deeded to the
Town or be held in corporate ownership and maintained by an established
organization.
B.
Lands proposed for park or recreation purposes shall meet the following
minimum standards:
(1)
Such land shall either be offered to the Town for dedication or be
held in corporate ownership and maintained by an established organization.
(2)
Such land shall have physical characteristics and locations which
render them readily usable for appropriate recreation purposes, and
their locations shall be selected with a view to minimize hazards
and vehicular traffic for children walking between such facilities
and their homes in the neighborhood.
(3)
Any such area shall be located at a suitable place on the edge of
the development so that additional land may be added at such time
as the adjacent land is developed.
(4)
A detailed development plan shall be provided for each neighborhood
park or playground. At a minimum, the development plan shall provide
for an approximately level area at least 2,000 square feet in size
and proposed play structures/activities.
(5)
The development plan shall show how the entire area is to be graded,
drained, and landscaped to make it a useful and attractive feature
of the neighborhood.
C.
The Planning Board may accept an applicant's offer of a payment-in-lieu-of-parklands
setaside if it determines that the site is not appropriate for parkland
use or that parklands are not needed in the site area.
D.
All multiunit developments shall provide a minimum of 5% of the site
area designed and developed for recreational uses.
A.
Water supply and sewage disposal. Provisions for water supply, water
and sewer lines, or on-lot sewage treatment systems shall comply with
requirements of the Chemung County Health Department, CCESD, Elmira
Water Board, and/or New York State Department of Environmental Conservation,
whichever agency has the approval authority. The appropriate approval
agency shall approve all installation, design and construction.
B.
Underground installation. All utility companies (telephone, electric,
etc.) are now equipped to make underground installation of their services;
underground installation shall be required when practical.
A.
Any building which has been damaged by fire or other causes to the
extent of more than 50% of its replacement cost shall be repaired
or razed by or at the cost of the owners. Such building shall either
be so repaired or razed within nine months in a fashion which leaves
the site clean.[1]
B.
A building which has been damaged by fire or other causes to the
extent of less than 50% must be reconstructed within a period not
to exceed nine months or be razed by or at the cost of the owners.
C.
Enforcement will be by the Code Enforcement Officer, utilizing the
services of a qualified appraiser when necessary.
A.
General standards. The following general standards are hereby adopted
for the control of any industrial use. No such use shall be permitted,
established, maintained or conducted therein which shall cause or
be likely to cause:
(1)
Excessive smoke, fumes, gas, dust, odor, or any other atmospheric
pollutant beyond the boundaries of the lot whereon such use is located.
Whether smoke is excessive shall be determined according to the Ringelmann
Scale for Grading the Density of Smoke, published by the U.S. Bureau
of Mines, when the shade or appearance of such smoke is darker than
No. 2 on said Ringelmann Smoke Chart.
(2)
Noise levels greater than 55 dBA measured at the boundaries of the
lot occupied by such use causing the same.
(3)
Any pollution by discharge of any effluent whatsoever into any watercourse,
open ditch, or onto any land surface.
(4)
Discharge of any effluent whatsoever into any sanitary sewer system
except only in accordance with the rules and regulations of the Chemung
County Elmira Sewer District. No chemical or industrial waste which
places undue loads, as determined by the Town Engineer, shall be discharged
into any municipal system, and any such wastes must be treated by
the industrial use.
(5)
Glare, high light levels of spillage off the site, or vibration perceptible
beyond the lot lines whereon such use is conducted.
(6)
Hazard to person or property by reason of fire, explosion, radiation,
or other cause.
(7)
Any other nuisance harmful to person or property.
B.
Specific standards. The following specific standards are hereby adopted
and must be complied with for any use in any Industrial District and
before the same shall be permitted, established, maintained or conducted:
(1)
Storage facilities. Materials, supplies, or semi-finished products shall not be stored in a front yard, and such facilities located in the side yard or rear yard shall be screened in conformance with § 217-79.
(2)
Loading docks. No loading docks shall be on any road frontage. Provision
for handling of all freight shall either be on those sides of any
building which do not face on any road or proposed roads or be suitably
screened therefrom. Loading docks shall be designed in such a way
that all truck maneuvering can be accomplished on the site; no truck
maneuvering shall be permitted in the public road.
(3)
Buffers and landscaping.
(a)
Buffer from residential use. In addition to the fences, walls
and hedges, all principal buildings shall be set back from any lot
lines abutting a residential use a minimum distance equal to twice
the required yard as specified in the Density and Bulk Control Schedule.[1] Such buffer shall be landscaped in accordance with § 217-79 of this chapter.
[1]
Editor's Note: The Density and Bulk Control Schedule is included
at the end of this chapter.
(b)
Landscaping. All areas of the plot not occupied by buildings, parking, driveways or walkways, or storage shall be landscaped with lawn, trees, shrubs, or other plant material. Such landscaping shall take into consideration the natural growth presently on the premises; the nature and condition of the terrain; the situation of the lands and premises themselves with regard to adjoining lands and premises; and shall be provided in conformance with § 217-79.
(c)
Fences and walls. Property that is adjacent to a business use 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 in conformance with § 217-79. Except for landscaped areas and parking areas, a use which is not conducted within a completely enclosed building shall be screened in conformance with § 217-79.
(6)
Utilities. All water and sewer facilities shall be designed and installed according to appropriate standards and be approved by the appropriate agency as per § 217-70A of this chapter.
(7)
Access. Special consideration shall be given to access to and from
public roads and traffic volumes generated by the proposed use. Access
shall not be allowed from residential roads unless a variance is approved
by the Zoning Board of Appeals. A projection of expected vehicular
use of neighborhood roads, including estimates of traffic volumes,
shall be submitted. No access drive for any industrial use shall be
within 300 feet of and on the same side of the road as a school, public
library, theater, church, or other public gathering place, park, playground,
or fire station unless such road shall be 50 feet or more in width
between such access drive and such building or use.
To the maximum extent possible, all new development proposals
totaling 10 acres of site area or more may be designed so the maximum
number of buildings shall receive direct sunlight sufficient for using
solar energy systems for space, water, or industrial process heating
or cooling. Buildings and vegetation should be sited and maintained
so that unobstructed direct sunlight reaches the southern exposure
of the greatest number of buildings according to the following guidelines:
A.
Solar access shall be protected between the solar azimuths of -45°
(east of due south) to +45° (west of due south).
C.
For purposes of solar access, roads, lots and building setbacks should
be designed so that the buildings are oriented with their long axes
running from east to west for one-unit development and north to south
for townhouse and multiunit development.
D.
In order to maximize solar access, the highest densities shall, to
the maximum extent possible, be placed on the south-facing slopes,
with lower densities sited on north-facing slopes.
E.
Roads should be oriented on an east-west axis to the greatest possible
extent.
F.
Buildings shall, to the greatest extent possible, be sited as close
to the north lot line or lines as possible to increase yard space
to the south for better owner control of shading.
G.
Tall buildings shall, to the greatest extent possible, be sited to
the north of shorter ones and be buffered from adjacent development.
H.
Existing vegetation shall be retained and incorporated into the design
as practicable.
I.
A description of any mechanisms, such as deed restrictions, covenants,
etc., that are to be applied shall be provided.
The intent of this section is to regulate the placement of and
access to wind energy conversion systems for the purpose of protecting
the health and safety of individuals on adjacent properties as well
as the general public.
A.
Setback. The installation shall not be erected nearer to any lot
line than the total height of the structure. Such height shall be
defined as the tower height plus 1/2 the rotor diameter on a horizontal
axis installation, and, on vertical axis installations, the distance
from the base of the tower to the top of the unit.
B.
Dimensions.
C.
Safety.
(1)
The foundation and supports for the windmill shall either be designed
by a licensed professional engineer and the drawings bear his seal
and signature, or carry a manufacturer's seal and certification.
(2)
At least one sign shall be posted at the base of the tower warning
of high voltage.
(3)
Tower climbing apparatus shall be no lower than 12 feet from the
ground.
(4)
All installations shall be designed with braking systems.
D.
Noise. The maximum level of noise permitted to be generated by an
installation shall be 55 dBA, measured at the property line.
A home occupation, as defined in this chapter, is permitted,
provided such use is not specifically prohibited. Such use shall conform
to the following standards, which shall be minimum requirements:
A.
No more than 25% of the total floor area of a dwelling unit or 500
square feet, whichever is less, may be used for such use.
B.
The use shall be carried on wholly within the enclosed walls of the
dwelling unit.
C.
There shall be no more than one full-time employee who is not a resident
of the dwelling unit.
D.
There shall be no external evidence of such use except for one sign
not exceeding two square feet in area mounted flush with and on the
front facade of the dwelling unit. No stock, merchandise, equipment
or displays of any kind shall be visible outside the dwelling unit.
E.
No external structural alterations which are not customary to a residential
building shall be allowed.
F.
The use shall not result in or cause vehicular traffic that will
create a nuisance to abutting properties or be detrimental to the
residential character of the neighborhood.
G.
Any form of business, the primary function of which is the wholesale
or retail sale of goods or articles at the premises, shall be deemed
a commercial use and not a home occupation.
H.
A use that involves primarily catalog sales/order processing and
which does not involve volumes of stock or merchandise being distributed
at the site is deemed a home occupation, provided such use meets the
intent of all standards set forth herein.[1]
I.
The following uses and other uses similar in character shall not
be considered to meet the intent of this section:
A cottage industry, as defined in this chapter, may be permitted
subject to site plan approval by the Planning Board, provided such
use is not specifically prohibited. Such use shall conform to the
following standards, which shall be minimum requirements:
A.
No more than 25% of the total floor area of a dwelling unit or 500
square feet, whichever is less, may be used for such use.
B.
No more than 1,000 square feet of an accessory building may be used
for such use.
C.
The use shall be carried on wholly within the enclosed walls of the
dwelling unit or accessory building.
D.
There shall be no more than three full-time employees who are not
residents of the dwelling unit.
E.
There shall be no external evidence of such use except for one sign
not exceeding two square feet in area mounted flush with and on the
front facade of the dwelling unit or accessory building. No stock,
merchandise, equipment or displays of any kind shall be visible outside
the dwelling unit or accessory building.
F.
No external structural alterations which are not customary to a residential
building shall be allowed.
G.
The use shall not result in or cause vehicular traffic that will
create a nuisance to abutting properties or be detrimental to the
residential character of the neighborhood.
H.
Any form of business, the primary function of which is the wholesale
or retail sale of goods or articles at the premises, shall be deemed
a commercial use and not a cottage industry.
I.
Any use that involves wholesale storage and/or fabrication or processing
and which does not involve volumes of stock or merchandise being distributed
at the site may be deemed a cottage industry, provided such use meets
the intent of all standards set forth herein.[1]
J.
The following uses and other uses similar in character shall not
be considered to meet the intent of this section:
K.
Such uses shall also be subject to any other conditions the Planning
Board deems necessary to meet the intent of these requirements.
No antenna of any kind may be erected or established in the Town except in conformance with the standards in this section and § 217-20, Use Regulation Table.
A.
Antenna
size.
(1)
(3)
Roof-mounted
installations shall not exceed the height restrictions as set for
the zoning district within which the installation is placed.
B.
Antenna
location.
(1)
For any use subject to the provisions contained herein, such antenna
shall be located only in the rear yard of any lot, provided that such
antenna is located a minimum of five feet from any principal building
and lot line measured at the outermost diameter of the antenna. If
a usable satellite signal cannot be obtained from such rear yard,
the antenna may be located on the side or front yard of the property
subject to site plan approval. For purposes of this chapter, a usable
satellite signal is a satellite signal which, when viewed on a conventional
television set, is at least equal in picture quality to that received
from local commercial television stations or via cable television.
(2)
In the event that a usable satellite signal cannot be obtained by
locating the antenna on the rear, side or front yard of the property,
such antenna may be placed on the roof of the dwelling structure,
provided that site plan approval is obtained prior to such installation.
Such permit may be issued upon a showing by the applicant that a usable
satellite signal is not obtainable from any other location on the
property.
C.
General
provisions.
(1)
For all uses, antennas shall be located and designed to reduce visual
impacts from surrounding properties at road level and from public
roads.
(2)
Not more than one antenna shall be allowed on any lot less than 9,000
square feet in size.
(3)
All antennas and the construction and installation thereof shall
conform to applicable building and electrical code regulations and
requirements.
(4)
Antennas shall meet all manufacturers' specifications, be of
noncombustible and corrosive-resistant material, and be erected in
a secure, wind-resistant manner.
(5)
Every antenna must be adequately grounded for protection against
a direct strike by lightning.
(6)
Roof-mounted satellite (dish) antennas greater than two feet in diameter
shall not be permitted.
Where permitted, motor vehicle filling stations, vehicle repair,
vehicle sales, and heavy equipment/vehicle sales and repair shall
conform to the following standards, which shall be regarded as minimum
requirements:
A.
B.
At least one lot frontage and width shall be a minimum of 100 feet.
C.
Fuel pumps and other service devices shall be located at least 25
feet from any front lot line and 40 feet from any side and rear lot
lines. This distance shall be measured from the outside edge of the
fuel island.
D.
All automobile parts, including tires and dismantled vehicles, are to be stored within a building. Old tires that are offered for sale may be placed outside during normal business hours, but must be stored in a rack. Old tires to be scrapped or sold for junk must be stored either inside a building or behind a six-foot-high fence, wall or natural screen in conformance with § 217-79.
E.
No accessory goods for sale may be displayed on the pump island or
building island.
F.
All repair work is to be performed within a building. Automobiles
waiting to be serviced or stored on the premises shall not encroach
on any required yard area. Wrecked automobiles being held for insurance
adjuster inspection may be stored for a period not to exceed 30 days
and must be stored in the rear of the premises and screened to the
greatest extent possible.
G.
Parking.
(1)
No vehicle shall be parked, stored or left standing within 15 feet
of the road line and/or fuel pump islands.
(2)
Parking requirements shall be in conformance with § 217-62. Such parking areas shall not conflict with the traffic pattern established for the use of the fuel pumps. Additional parking area may be required by the Planning Board to accommodate tractor-trailer delivery.
(3)
Where parking areas abut a residential use, they shall be screened
by a buffer area no less than 10 feet in depth composed of densely
planted plant material, solid fencing, or a combination of both which,
in the opinion of the Planning Board, will be adequate to prevent
the transmission of headlight glare across the boundary line. Such
buffer screen shall have a minimum height of six feet above finished
grade at the highest point of the parking area. The materials used
shall be in keeping with the character of the adjacent residential
area. If said shrubbery or fences become decayed and fail to provide
an adequate screen, the Code Enforcement Officer may direct the property
owner to replace said shrubs.
H.
All storage and display areas shall be provided with a hard, dust-free
surface, shall be adequately drained and, if lighted, shall produce
no glare on adjacent properties.
I.
A maximum of two driveways and curb cuts shall be permitted per road frontage. These shall be no less than 10 feet and no more than 50 feet in width in accordance with § 217-66, and shall be located a minimum of 40 feet from any road intersection; a minimum distance of 30 feet shall be maintained between such driveways and curb cuts.
J.
No twenty-four-hour operation use shall be permitted within 100 feet
of an existing residential use and/or district boundary.
A.
Intent. The objective of this section is to provide the necessary
consideration to those physical and visual elements of the land uses
in the Town of Elmira that require or may be improved by treatment
of the natural landforms/topography or man-made features arranged
so as to enhance the appearance, screen or effectively separate different
types of land use as well as to eliminate or minimize impacts on adjoining
uses such as dirt, litter, noise, glare and incompatible buildings
or uses (such as outdoor storage, loading and parking areas). The
Planning Board may require that a professional licensed landscape
architect prepare plans under this section.
B.
Buffer and landscaping techniques. The particular type of buffer
and landscaping treatment shall be as determined by the Planning Board
to meet the intent of this section. The following major types of treatment
and combinations may be considered:
(1)
Visual separation/screening, including earth mounding, berm, and
screen-planting techniques designed to separate, obscure or soften
an incompatible view or use.
(2)
Visual setting, including ground cover and plant materials designed
to stabilize the landform and provide an appropriate foreground or
setting.
(3)
Physical separation, including a combination of plant and man-made
materials or features designed to separate distinct land use types
or activities.
C.
Requirements.
(1)
Plant specifications. The planting specifications and guidelines for each buffer and landscape technique shall be determined by the Planning Board on a case-by-case basis. The Planning Board shall consider the number and types of plants required in a buffer yard based on the type of treatment it determines to be appropriate in accordance with Subsection B above. The number and type of plant materials shall be based on the proposed width of the yard; the wider the buffer yard, the less the plant materials required.
(2)
Minimum plant size. Unless otherwise specifically stated elsewhere
in this chapter, all plant materials shall meet the following minimum
size standards:
|
Plant Material Type
|
Buffer Yards Abutting Vacant Land
|
All Other Plant Materials
| ||
|---|---|---|---|---|
|
Canopy tree
Single stem
Multistem clump
|
1 1/2 inch caliper
6 feet (height)
|
2 1/2 inch caliper
9 feet (height)
| ||
|
Understory tree
|
1 1/2 inch caliper
4 feet (height)
| |||
|
Evergreen tree
|
3 feet (height)
|
5 feet (height)
| ||
|
Shrub
| ||||
|
Deciduous
|
15 inches (height)
|
24 inches (height)
| ||
|
Evergreen
|
12 inches (height)
|
18 inches (height)
| ||
(3)
Plant material substitutions. The following plant material substitutions
shall satisfy the requirements of this section:
(4)
All disturbed soil areas of the site shall be replanted or reseeded
in an approved fashion.
(5)
No landscaping feature shall be erected, placed or maintained in
such a manner as to interfere with clear vision and/or the safe movement
of vehicular traffic.
Where permitted, fast-food restaurants meeting the definition
of this chapter shall conform to the following standards, which shall
be regarded as minimum requirements:
A.
The minimum lot size shall be 20,000 square feet.
B.
At least one lot frontage shall be a minimum of 100 feet.
C.
Access.
(1)
A maximum of two driveways and curb cuts shall be permitted on each
road frontage.
(2)
All drives shall be no less than 30 feet and no wider than 50 feet
in width.
(3)
Drives shall be located a minimum of 40 feet from any road intersection
and shall maintain a minimum of 30 feet between such driveways or
curb cuts.
(4)
Driveways shall create minimal conflict with pedestrian access to
the building from the parking lots and sidewalk abutting the property.
Where permitted either as accessory to other permitted uses
or as a principal use, drive-through uses, as defined in this chapter,
shall conform to the following standards, which shall be regarded
as minimum requirements:
A.
All drive-through lanes shall be distinctly marked and shall be separate
from circulation lanes.
B.
Lanes shall not cross any principal pedestrian access to the building
or site.
C.
Stacking or queuing requirements.
(2)
Banks and other businesses not using order stations shall maintain
a minimum of 60 feet from start of lane to service window or ATM.
(3)
Multiple drive-through lanes. The Planning Board may allow reductions
for businesses with multiple drive-through lanes based on review of
proposed traffic circulation and usage.
(4)
All uses shall maintain a minimum distance of 20 feet from the service
window to the public right-of-way or interior parking aisles.
A.
Intent. This section is intended to regulate uses which, because
of their very nature, are recognized as having serious objectionable
operation characteristics, particularly when several of them are concentrated
under certain circumstances, thereby having a deleterious effect upon
the adjacent areas. Special regulation of these uses is necessary
to ensure that these adverse effects will not contribute to the blighting
or downgrading of the surrounding neighborhood.
B.
Restrictions on regulated uses.
(2)
No such adult use shall be located in any zoning district except
the M District, and such adult uses shall be subject to special permit
and site plan approval by the Planning Board.
(3)
Special permit criteria considerations for adult uses. Adult uses
shall meet the following minimum standards. Adult uses shall:
(a)
Not be located within 500 feet of another existing adult use.
(b)
Not be located within 500 feet of any zoning district which
is zoned for residential use.
(c)
Not be located within 500 feet of a preexisting school, place
of worship, or a park.
(d)
Not be conducted in any manner that permits the observation
of any material depicting, describing or relating to sexual activities
or anatomical areas from any public way or from any property not registered
as an adult use. This provision shall apply to any display, decoration,
sign, show window or other opening.
A.
Storage in front or side yards.
(1)
No required front yard or side yard in any district shall be used
for the storage of any vehicles, or for the storage of any parts or
equipment for making repairs to any kind of vehicles.
(2)
No required front yard or side yard in any district shall be used
for the storage of any travel-trailers, recreational vehicles, boats
or boat trailers or snowmobiles.
B.
Storage of unregistered and unlicensed motor vehicles and/or parts.
In any district, there shall be no outside storage of any unregistered
or unlicensed motor vehicles for a time period longer than 30 days
in any calendar year.
C.
Outside storage of materials in the NB, GB and M Districts. Items
and material for sale or used in fabrication/processing on any site
in the NB, GB and M Districts shall be stored within a secure fence
that effectively screens such material from the adjoining public roads
and any residential uses.
Private stables, as defined in this chapter, shall meet the
following minimum standards:
A.
There shall be a minimum of one acre of land for each horse or pony
kept at the site.
B.
All buildings used to house or shelter such animals shall be located
a minimum of 100 feet from any lot line.
C.
No animal waste shall be stored within 100 feet of any lot line.
D.
Adequate fencing shall be provided to secure and contain animals
on the site.
Composting of biodegradable organic matter for use in fertilizing
or conditioning soil on the same lot is permitted in the AR, ARA,
AAA, AA, and A Districts in accordance with the following standards:
Roadside stands are permitted in the AR District in accordance
with the following minimum standards:
A.
All stands shall either be temporary structures to be removed in
the off-season, or be constructed in such a way that they can be secured
when not in use.
B.
Stands shall be located a minimum of 10 feet from the right-of-way.
C.
Products sold or displayed shall be limited to agricultural products
grown on the proprietor's property.
D.
Each stand shall be allowed a maximum of 32 square feet of signage
in a maximum of two signs. All signs shall be removed when the stand
is not in operation.
All church buildings in AAA, AA and A Districts shall be located
a minimum of 40 feet from any lot line.
Convenience food marts, as defined in this chapter, are permitted
in the AR District in accordance with the following requirements:
A.
No lot proposed for such use shall be larger than five acres in size.
B.
No building or part of a building devoted to such use shall have
an area greater than 5,000 square feet in area.
C.
All such uses shall be located on a state or county route.
D.
There shall be no more than one such use permitted within an area
encompassing a one-mile radius.
F.
Each use may have one principal business sign no greater than 32
square feet in area.
The Town of Elmira seeks to accommodate the appropriate and
safe location of dwelling units that do not meet the minimum area
or overall exterior dimension requirements as specified in the Density
and Bulk Control Schedule[1] in parks as a form of rural affordable housing in the
Town. The Town also recognizes that is necessary to establish the
following minimum development standards in order to ensure the safe
and appropriate location and operation of these parks for the inhabitants
and adjoining property owners.
A.
Criteria for park siting. Alternative dwelling unit parks shall be
permitted under site plan approval by the Planning Board in the AR
Zoning District. Parcels shall be a minimum of 20 acres in size to
be considered for an alternative dwelling unit park. The Town shall
consider the following siting criteria when evaluating an alternative
dwelling unit park application:
B.
Density.
(1)
Gross density shall not exceed 4.5 units per acre.
(2)
Minimum dwelling unit lot/site standards:
C.
Dwelling unit installation. All dwelling units shall meet New York
State Uniform Fire Prevention and Building Code requirements and shall
be installed on park sites in accordance with the requirements of
this Code. Any mobile home shall be provided with skirting within
90 days of being installed in the park.
D.
Vehicular circulation and storage.
(1)
Entrance roads. All parks shall have a minimum of two access points
to the Town/public road.
(2)
Road standards.
(a)
All park roads shall be designed to accommodate safe access
of residents' vehicles and emergency vehicles.
(b)
Private roads shall be permitted in a layout approved by the
Planning Board. All private roads shall have a minimum of 20 feet
of pavement width and be designed and constructed to meet all other
minimum specifications of the Town Highway Superintendent.
(c)
All park roads shall be constructed and maintained with a asphalt
or comparable surface.
(4)
Parking.
(a)
Minimum parking requirements: two spaces per unit.
(b)
Minimum parking space size: nine feet by 18 feet.
(c)
At least one space shall be located on each dwelling unit lot/site.
Additional spaces shall be conveniently grouped throughout the park.
(d)
Prohibited parking. No travel-trailer, boat and/or trailer,
or snowmobile shall be stored on a mobile home lot.
E.
Amenities and facilities.
(1)
Community facilities. All parks shall provide a community space or
facilities. The applicant shall document how such facilities will
be supervised and managed. Such facilities may include meeting rooms,
community rooms, recreation buildings, laundry rooms, and/or swimming
pools.
(2)
Recreation lands and open space. All parks shall provide land area
for recreational and open space purposes at a minimum of 200 square
feet per dwelling unit site/lot. Such space shall be of sufficient
size to accommodate active recreation and shall be seeded or developed
with recreational equipment.
(3)
Walkways. Each dwelling unit site/lot shall be provided with a walkway
from the site to a road, driveway and/or parking area provided for
the site.
(4)
Lighting. All parks shall provide adequate lighting to illuminate
roads, walkways and driveways for the safe movement of pedestrians
at night.
F.
Water. All parks shall have a public water system approved by the
Chemung County Health Department and shall provide water supply adequate
for fire protection.
G.
Sewer. All parks shall have public or community sewage treatment
systems approved by the Chemung County Health Department or New York
State Department of Environmental Conservation.
H.
Solid waste. Storage, collection and disposal of solid waste shall
be conducted in a manner that does not create a fire, accident, or
health hazard or the breeding of vermin. Solid waste dumpsters or
storage areas shall be enclosed or otherwise screened from view, they
shall be animalproof and shall be located within 100 feet of any dwelling
unit site that they service.
I.
Utilities. All utilities shall be installed underground.
J.
Maintenance. It shall be the responsibility of the park owner that
all of the requirements of this section are met. There shall be provided
at all times adequate park supervision and maintenance of the amenities
and services, including water, sewer, and roads.
[1]
Editor's Note: The Density and Bulk Control Schedule is included
at the end of this chapter.
Filling of any lot in the Town of Elmira shall be done in accordance
with the following minimum standards:
A.
All fill material shall be clean fill meeting NYSDEC's definition
and shall include no blacktop, asphalt, concrete, rocks or other substances
larger than three feet in any linear dimension.
B.
All areas being filled shall be leveled and seeded within 45 days
of the placement of the fill, and in all instances prior to October
15 of any year.
C.
A minimum of four feet of earth or topsoil shall be placed over the
clean fill in order to support vegetation.
D.
No lot shall be filled to an elevation that exceeds surrounding grade
level without prior Planning Board approval.
E.
No fill shall be placed in any drainage swales or ways in any manner
that will reduce or modify the capacity of such swales and/or the
direction of stormwater flows.
