Town of Marilla, NY Supplementary Regulations

Off-street parking space shall be provided as further specified in this chapter and shall be furnished with necessary passageways and driveways. For the purposes of this chapter, a parking space shall not be less than 10 feet in width and 20 feet in depth, exclusive of accessways and driveways.

Off-street parking areas for nonresidential uses shall provide an additional area of 100 square feet of area per off-street parking space to provide sufficient area for access drives and aisles.

Off-street parking areas with a capacity for more than 20 vehicles shall delineate fire lanes and post "no parking" markers.

Any off-street parking area with at least 20 off-street parking spaces shall designate a minimum of 5% of those spaces, up to a maximum of 10 spaces, as only for the handicapped and clearly mark them for such use. Parking spaces designated to serve handicapped individuals shall be at least 14 feet in width and 20 feet in depth.

All off-street parking spaces shall be deemed to be required space on the lot on which it is situated and shall not be encroached upon or reduced in any manner.

All parking areas, passageways and driveways (except where provided in connection with one- and two-family dwellings or farm residences and buildings) shall be adequately drained and surfaced with a dustless, durable, all-weather surface, subject to approval of the Town Planning Board.

Each off-street parking space shall be so designed, maintained and regulated that no parking or maneuvering incidental to parking shall be on any public street, walk or alley, and so that any motor vehicle may be parked and unparked without moving or damaging another.

The collective provision of off-street parking areas by two or more buildings or uses located on adjacent lots may be recommended for approval by the Planning Board and provided that the total of such facilities shall not be less than the sum required of the various buildings or uses computed separately.

No more than two driveways not less than 20 feet or more than 30 feet in width shall be used as means of ingress and egress for each nonresidential use, except where deviation in the number of or width of such driveway may be deemed necessary by the Planning Board because of traffic safety conditions.

No driveway to an off-street parking area shall be located closer than 50 feet to the intersection of any two streets or within 20 feet of any side lot line, provided that sufficient distance will always remain for all required radii for said driveway. The distance from the driveway to the intersection shall be measured by extending the curbline of the intersecting street until it intersects the curbline, extending if necessary, of the driveway in question. In addition, there shall be a minimum distance of 20 feet between two driveways located on one frontage.

(11)

Parking areas may be located in any yard space for nonresidential uses but shall not be located closer than 50 feet to any road right-of-way center line and 10 feet to any property line.

Location of off-street parking facilities. Off-street parking facilities shall be located as hereinafter specified. Where a distance is specified, such distance shall be walking distance measured from the nearest point of the parking facility to the nearest public entrance of the building that such facility is required to serve.

For one- and two-family dwellings and for all types of residential structures on the same lot with the building they are required to serve.

For multiple-family dwellings not more than 200 feet from the building they are required to serve.

For other uses not more than 500 feet from the building they are required to serve.

Screening and landscaping.

Off-street parking areas for more than five but fewer than 100 vehicles shall be effectively screened on the rear and side yards by a fence of acceptable design, unpierced masonry wall, landscaped berm or compact evergreen hedge. Such fence, wall or hedge shall not be less than six feet in height and shall be maintained in good condition.

When a parking area for five or more vehicles adjoins a residential area, a planted buffer area shall be provided in addition to the hedge or wall specified in Subsection C(1) above. The depth of the planted buffer area shall be determined by the Town Board following a recommendation by the Planning Board.

Lighting.

All off-street parking areas and appurtenant passageways and driveways (excluding areas serving one- and two-family dwellings and farm dwellings) shall be illuminated adequately during the hours between sunset and sunrise when the use is in operation.

Any lights used to illuminate a loading area shall be so arranged as to reflect the light away from all adjoining property.

Units of measurement.

In stadiums, sports arenas, churches and other places of assembly in which patrons or spectators occupy benches, bleachers, pews or other similar seating facilities, each 20 inches of such seating facilities shall be counted as one seat for the purpose of determining requirements for off-street parking facilities.

When units of measurement determining the number of required parking spaces result in the requirement of a fractional space, any fraction shall require one parking space.

Mixed occupancies and uses not specified. In any case of mixed uses, the total requirements for off-street parking facilities shall be the sum of the requirements for the various uses computed separately. In the case of a use not specifically mentioned in this section, the requirements for off-street parking facilities shall be determined by the Town Board. Off-street parking facilities for one use shall not be considered as providing required parking facilities for any other use, except as hereinafter specified for joint use.

Joint use. The off-street parking requirements of two or more uses, structures or parcels of land may be satisfied by the same parking or loading space used jointly to the extent that it can be shown by the owners or operators of the uses, structures or parcels that their operations and parking needs do not overlap in point in time. 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.

Required off-street parking space. Required off-street parking space for specific uses as regulated in this chapter is contained in the Table of Required Off-Street Parking Spaces, which is part of this chapter.[2]

[2]

Editor's Note: Said table is included at the end of this chapter.

[1]

Editor's Note: Said table is included at the end of this chapter.

§ 700-42 Loading regulations.

For every building, structure or part thereof erected as a business, industry, hospital, place of public assembly or other similar uses involved in the receipt and/or distribution of materials or merchandise by motor vehicles, there shall be provided and properly maintained adequate space for standing, loading and unloading of such motor vehicles. Loading and unloading space shall be located in such a manner as to avoid undue interference with the public uses of streets, alleys or off-street parking areas.

The Planning Board shall recommend the size and number of loading spaces required, based upon the type of business proposed. The Planning Board shall also consider the need for buffering loading areas from adjoining properties, controls on lighting and surface treatment. The final decision pertaining to the design and control of loading and unloading areas shall be made by the Town Board.

§ 700-43 Sign and billboard regulations.

[Amended 10-13-2005 by L.L. No. 3-2005]

Intent. The purpose of this section is to promote the public health, welfare, and safety by regulating existing and proposed outdoor advertising, identification, directional, and signs of all types. It is intended to protect property values, create a more attractive economic and business climate, enhance and protect the physical appearance of the community, and provide a more enjoyable and pleasing community. It is further intended to reduce sign or advertising distractions and obstructions that may contribute to traffic accidents and to reduce the adverse effects of signage on natural beauty and on general environment of the community as a whole.

General considerations. All signs shall be erected and constructed in a fashion so as not to obstruct traffic, cause visual blight, nor detract from the value of property adjacent to that property upon which said sign is erected. All signs shall be compatible within the context of its visual and physical environment. In making such determination, consideration shall be given but need not be limited to the following elements:

Size, bulk, and mass.

Texture and materials.

Colors.

Lighting and illumination.

Orientation and elevation.

General and specific location.

Proximity to roadways.

Design, including size and character of lettering, logos, and related contents.

Background or field, including the skyline.

Character of structural members.

(11)

Frequency and nature of all general and business signs and official regulatory signs and devices which are within the immediate field of vision.

General sign regulations.

Permits required. No person, firm or corporation shall hereafter erect, re-erect, construct or structurally alter a sign without a permit first having been issued by the Code Enforcement Officer (CEO). Every application for a sign permit shall be accompanied by plans to scale, showing the area of the sign, the position of the sign in relation to nearby buildings or structures and roadway right-of-way, the location of the building, structure or lot to which or upon which the sign is to be attached or erected, the method of illumination, if any, and such other information as the CEO shall require to show full compliance with this section and all other laws and ordinances of the Town of Marilla. If it appears that the proposed sign is in compliance with all such requirements and laws, the permit shall be issued.

Number of signs. Not more than two signs may be erected or maintained advertising or otherwise relating to a single business or activity on a single property. No more than a single freestanding pole sign [as discussed in Subsection F(2)] for each individual building not a part of a multiple development shall be permitted with the exception of corner lots where one sign per road frontage would be permitted.

Not more than one of two permitted signs may be a ground sign.

All permanent signs, except exempt signs as set forth in Subsection D below, shall require a permit from the Code Enforcement Officer.

Sign permits issued in conformance with the regulations specified herein may be revoked by action of the Code Enforcement Officer if the signs are not kept in good repair. The revocation of a sign permit shall result in the removal of said sign by or at the expense of the property owner within 60 days after written notification from the CEO, and, upon failure to comply with such notice, the CEO is hereby authorized to exercise any and all remedies provided for in the law for a violation hereof.

This section shall in no event be construed or employed in any manner to prohibit the decoration of premises with religious, patriotic or holiday decorations in any zoning district during religious, patriotic or holiday season.

Political signs and banners. This section shall in no event be construed or employed to restrict the political process within the Town of Marilla.

Exempt signs (require no permits). The following type of signs may be erected and maintained without permits providing the signs comply with the general requirements of this chapter and other conditions specifically imposed by the regulations.

On-premises directional signs for the convenience of the general public, identifying parking areas, fire zones, that do not exceed two square feet in sign area and are limited to such texts as "Office," "Entrance," "Exit," "Parking" and "No Parking."

No permit shall be required for temporary signs pertaining to the lease or sale of a lot or building or property , not exceeding nine square feet in area, such as "For Sale," "For Rent," "Open House," "Sold" and other such signs; to be removed within 30 days after the property is leased or sold.

Nonilluminated warning, private drive, posted, or no trespassing signs not exceeding two square feet per face.[1]

[1]

Editor's Note: Original Subsection D(4), which followed this subsection and which provided for private owner merchandise signs for garage sales and auctions, is moved at time of adoption of Code (see Ch. 1, General Provisions, Art. I). See now Subsection J(5).

Church or school bulletin boards or fire companies not exceeding 32 square feet in area.[2]

[2]

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

House/building numbers. A sign of not more that four square feet in area displaying a street number, name of occupant(s) and/or name by which the property is known.

One builder's or contractor's sign, not exceeding 12 square feet in area, while construction is in progress. Such signs will be removed within 10 days after construction is substantially completed.

No more than two temporary signs for a roadside stand selling agriculture produce grown on the premises in season, providing that such sign does not exceed 24 square feet.

At gasoline stations, a sign attached on gasoline pumps, displaying the price of fuel not exceeding three square feet.

Holiday decorations, including lighting, are exempt from the provisions of this chapter.

Political posters, banners and signs, not exceeding 24 square feet.

Design and location of signs.

No sign shall be erected or maintained within the right-of-way nor within 12 feet of the roadbed of any public street or highway. These minimum setback distances shall not apply to signs erected upon any building entirely housing the business or activity with which the signs are principally associated. For the purposes of this provision, the "roadbed" shall mean the trafficable portion of a road, street or highway, bounded on either side by the outer edge of the shoulder or guardrail, whichever extends farthest. Where there is no shoulder or guardrail, there shall be deemed to be a shoulder extending four feet from the outer edge of the pavement or unpaved traffic lanes.

No permanent or temporary sign shall be erected or placed within 150 feet of a signalized or unsignalized intersection of any roadway 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, phrases, symbols or character in such manner as to interfere with, mislead or confuse traffic.

Any community service signs which are to be reconstructed or altered will be reviewed by the CEO.

No sign shall project into the public right-of-way.

No sign shall be illuminated by or contain flashing, intermittent, rotating or moving light or lights. All luminous signs, indirectly illuminated signs and lighting devices shall employ only lights emitting light of constant intensity. (For purposes of this subsection, a "luminous sign" shall mean a sign where the lighting is supplied internally and an "indirectly illuminated sign" shall mean a sign illuminated by a light placed outside such sign and a "lighting device" shall mean any sign that is otherwise lighted.) Luminous sign, indirectly illuminated signs or lighting devices shall only be permitted following submission of an application for approval before the Town of Marilla Planning Board which shall have the authority to review and approve such application. As part of such review the Town of Marilla Planning Board shall insure that such signs are not placed or directed so as to cause glaring or nondiffused beams of light to be cast upon any public street, highway or sidewalk or adjacent premises or otherwise cause glare or reflection that may constitute a traffic hazard or nuisance and to insure that such signs do not employ any mirror or mirror-like surface. The Code Enforcement Officer shall only issue a permit for such luminous, indirectly illuminated signs and lighting devices only after approval for such sign(s) by the Town of Marilla Planning Board.

No luminous sign, indirectly illuminated sign or lighting device shall be placed or directed so as to cause glaring or nondiffused beams of light to be cast upon any public street, highway or sidewalk or adjacent premises or otherwise to cause glare or reflection that may constitute a traffic hazard or nuisance. No sign shall in its construction employ any mirror or mirror-like surface.

No sign shall be erected or maintained upon the roof of any building or structure.

No motor vehicle, manufactured home or trailer on which is placed or painted any sign shall be parked or stationed in a manner primarily intended to display the sign.

No sign shall be permitted to hinder a clear view into and/or out of buildings or prevent access from any door, window or fire escape.

No billboard or sign advertising a business use or service shall be permitted on a premises except for billboards or signs advertising such business use on that same premises. No billboard or sign advertising a business use or service on another premises shall be permitted.

(11)

The regulations specified herein shall not apply to any sign or directional device erected by any governmental agency, nonadvertising signs identifying underground utility lines or posted or preserve signs erected pursuant to the Environmental Conservation Law of the State of New York.[3]

[3]

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

Area and height of signs.

No sign shall be erected or maintained having an area greater than 32 square feet per side except in designated Business Zone Districts of the Town along major arterials where freestanding pole signs can be designed no larger than 60 square feet. Any such sign in excess of 32 square feet shall only be permitted following application to and review and approval by the Town of Marilla Planning Board of such application. Only upon such approval shall the Code Enforcement Officer be authorized to issue a permit for such sign.

No more than one freestanding pole sign for each individual building not a part of a multiple development shall be permitted. Not more than two signs may be erected or maintained advertising or otherwise relating to a single business or activity on a single property. No more than a single freestanding pole sign for each individual building not a part of a multiple development shall be permitted with the exception of corner lots where one sign per road frontage would be permitted.

No sign shall have more than two sides.

Freestanding signs must be set back a minimum of 20 feet from the side property lines.

No sign attached to the front of a building, including signs attached or affixed to windows or doors, shall exceed an area equal to 15% of the surface area upon which it is attached nor be larger than 100 square feet and shall not project more than 12 inches in front of the face of the building.

No ground sign shall exceed 20 feet in overall height, measured from the highest level of natural ground immediately beneath the sign to the highest point of the sign or the supporting structure thereof.

Number of permitted signs where more than one principal activity is being conducted. The following standards shall guide the regulation of all private signs associated with projects when more than one principal building is proposed to be conducted on a separate and discrete basis upon a single parcel of real property associated with the project, such as in the case of a shopping center, plaza or mall or other multiple-commercial use facility.[4]

A single ground sign of up to 64 square feet in area and not more than 20 feet in height may be erected which identifies the name of the center or facility as a whole and does not advertise any individual business activity.

Ground signs advertising individual businesses within a shopping center or joint development project shall be prohibited. The center owner/operator is encouraged to provide signage that incorporates the identification of all the individual businesses of the center into one sign.

One individual wall sign not in excess of 32 square feet in sign area may be erected for each separate principal activity such as a shop or store. Under no circumstances, however, shall any wall sign exceed an area equal to 15% of the surface area on which it is attached.

An overall sign design plan for any such center or facility shall be submitted with the application for the building and use permit. The sign design plan shall include plans for each principal activity therein and shall reflect a reasonable uniformity of design, lettering, lighting and material.

[4]

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

Nonconforming signs.

Any signs in existence at the date of the adoption of this chapter which would be in violation under the provisions of this chapter shall be allowed to continue. However, such signs shall not be altered, rebuilt, enlarged, extended or relocated, unless such action changes a nonconforming sign into a conforming sign as provided herein. The failure to keep nonconforming signs in good repair within a period of 120 days after due notification by the Code Enforcement Officer shall constitute abandonment. Such abandoned signs shall not be reused and shall be removed by or at the expense of the property owner.

If a project subject to zoning review(s) is proposed for a parcel of property upon which an existing sign is located, and said existing sign is associated with the principal activity which is the subject of the proposed project but does not conform to these standards, the reviewing agency shall require that said nonconforming sign shall be brought into compliance as a condition of the approval of the proposed action.

Off-premises directional signs. Notwithstanding the provisions of Subsection B of this section to the contrary, directional signs advertising an industry or business having its principal place of business within the Town of Marilla may be located upon premises other than the premises of the principal place of such industry or business, provided that:

The principal purpose of such sign is to direct motor vehicles to the location of such business or industry.

Such sign is located no closer than 20 feet to nor more than 60 feet from the highway roadbed.

Such sign has a maximum area of not more than 16 square feet on either side and it shall have no more than two sides.

No part of such sign shall be more than 12 feet above the ground measured from the highest level of natural ground immediately beneath the sign.

Wherever possible, the grouping of compatible off-premises directional signs shall be encouraged.

Temporary signs.

Temporary signs advertising any political, educational, charitable, civic, religious or like campaign or event or a temporary sign for another nonprofit organization may be erected for a consecutive period not to exceed 60 days in any calendar year and must be removed within 15 days after the event.[5]

[5]

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

No temporary sign shall be attached to fences, trees, utility poles, bridges or traffic signs and shall not obstruct or impair vision or traffic in any manner or create a hazard or disturbance to the health and welfare of the general public.

No temporary sign shall exceed 32 square feet in area.

Banners. No banners shall be displayed over any sidewalk or roadway, except temporary banners for a period not to exceed 30 days and for which a permit has been issued by the CEO. A public liability bond or policy in the sum of a least $50,000 shall be furnished for each banner which extends across a roadway. Such banner must be securely fastened to buildings or structures.

Private owner merchandise signs for garage sales and auctions, not exceeding four square feet in area, may be erected for a period not exceeding 14 days before the sale and must be removed immediately following the sale.[6]

[6]

Editor's Note: Added at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

Outmoded signs. Any sign which no longer advertises a bona fide business being conducted on the premises shall be removed from said premises by the record owner or beneficial user of the premises within 10 days from the receipt of a written order to do so from the Code Enforcement Officer. In default of said removal, the Code Enforcement Officer is authorized to effectuate the removal of said sign and charge all costs incident to the removal to the record owner of the property.

Additional requirements for signs in agriculture and residential districts.

A sign indicating the name and address of the occupant or a permitted home occupation shall be permitted, provided that it shall not be larger than two square feet in area per side, and if freestanding, not exceeding four feet in height above the ground level at the sign's location and shall be no closer than 10 feet to any lot line and shall not be illuminated.

For farms, multiple-family dwellings and public buildings, a single identification sign not exceeding 16 square feet in area and indicating only the name and address of the building may be displayed. Such signs shall not be closer to any lot line than 1/2 of the required setback and shall not project more than six feet in height above grade and shall not be illuminated, except indirectly.

No more than two signs advertising the sale, lease or rental of the premises upon which the sign is located shall be permitted. Such signs shall not exceed nine square feet in area, provided that such sign is erected or displayed not less than five feet inside the property line and shall not project more than four feet in height. Said signs must be removed from the premises within the time frames set forth in Subsection D(2) of this section.[7]

[7]

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

A permanent sign may be erected to indicate a subdivision, which sign shall not exceed 50 square feet in area nor more than seven feet in height.

A temporary sign, not exceeding 16 square feet in area, the height of which is not greater than six feet, shall be permitted for a period of three years from the time of final subdivision approval or advertising the sale of property within such subdivision.

Roadside stand signs shall conform to the specific standards set forth in of this chapter.

Penalty for failure to apply for sign permit. Any person who proceeds to erect, re-erect, construct or structurally alter a sign without first applying for and obtaining the necessary permit shall be considered in violation of a section or sections of this chapter pertaining thereto, and shall be prosecuted according to this section and the Code of the Town of Marilla. Further, he shall be required, upon receipt of a written notice from the CEO, to file application for the necessary permits, and shall be required to pay fees as specified.

Enforcement At the termination date of the legal status of any sign or of any violation related to a sign erected or relocated and/or the determination of a sign(s) to be unsafe in any way, after the effective date of this section, such violation must be corrected or the sign removed, or such sign shall be subject to removal as set forth in this chapter and the Code of the Town of Marilla. Cost connected therewith shall be assessed against the owner of the premises.

§ 700-44 Access control.

In order to encourage the sound development of street frontage, the following special regulations shall apply to all nonresidential buildings and uses:

Each separate use, grouping of attached buildings or groupings of permitted uses shall not have more than one access point for every 200 feet of frontage, except as permitted by this chapter.

The use of common access points by two or more permitted uses shall be encouraged by the Town Board in order to reduce the number and closeness of access points along the streets and to encourage the fronting of significant traffic-generating uses upon a parallel access street and not directly upon a primary road. Access points for industrial uses shall not be less than 24 feet nor more than 40 feet in width. All other access points shall not be less than 20 feet nor more than 30 feet in width.

§ 700-45 Private swimming pools.

Private swimming pools shall be permitted in any residential or agricultural district, provided that there is an existing residence on said lot and the following regulations are complied with:

Fences. In-ground swimming pools shall be fenced pursuant to applicable state requirements.

Setbacks.

Outdoor swimming pools shall be located in the rear yard but not closer than 10 feet to the side or rear property line.

PORTABLE/TEMPORARY STORAGE UNITS

No swimming pool shall be permitted in a front yard. In the A Agricultural District a swimming pool may be permitted in a front yard, provided that the edge of the pool or the fence nearest the street shall be set back not less than 300 feet from the street line, and provided that all other setback requirements of this chapter are maintained.

Drainage. No permit shall be issued for such pool unless the applicant can show that the proposed drainage of such pool is adequate and will not interfere with the public water supply, with existing sewerage or drainage facilities, with the property of others or with public highways. Pools may not be drained into septic systems.

Lighting. No lights shall be erected, operated or maintained in connection with a swimming pool in such a manner as to create an annoyance to surrounding properties.

Overhead wiring. Service drop conductors and any other open overhead wiring shall not be installed above the swimming pool or the area surrounding the swimming pool extending 10 feet horizontally from the pool edge, diving structures, observation stands, towers or platforms. Service conductors shall be in shock-hazard boxes and appropriately grounded.

Permits. Permits shall be required for all swimming pools designed to be entirely or partially constructed below ground level. The Code Enforcement Officer shall provide the required forms and shall issue the permits.

Compliance with New York State requirements. Applications for swimming pool permits shall comply with these regulations and all applicable requirements of the State of New York. Where the regulations of the Town and state are inconsistent, the more restrictive requirements shall govern.

§ 700-45.1 Temporary storage units.

[Added 4-8-2010 by L.L. No. 2-2010]

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

(Also known as PODS®, SAM, etc.) A portable (or temporary) transportable container, storage unit, shed-like container, or other portable structure designed for and used for the temporary storage of building materials, household goods, personal items, or other materials for use on a limited basis.

Enforcement. The provisions of this chapter shall be enforced by the Town of Marilla Building Inspector/Code Enforcement Officer (C.E.O.) or his/her representative.

Intended use. Temporary storage units are intended for the temporary storage of building materials, household goods, personal items, or other materials off-site, and are not intended for retail/commercial sales and storage activities on-site.

Duration.

Temporary storage units may be placed on or at a property in the Town for a time period of 30 calendar days. At the end of the thirty-day period, the unit must be removed from the premises within a ten-day grace period. The time period begins on the date of delivery of the unit to the property site. In the event the applicant wishes to extend the time period that is granted under this section, an extension may be issued by the Building Inspector/C.E.O. if requested (see § 700-45.1E). Extension requests must be made prior to the expiration of the ten-day grace period. In no case shall a temporary storage unit be placed on or at a property more than 60 consecutive days or more than 60 days in a calendar year unless special circumstances arise as listed in Subsection D(2).

The following circumstances shall grant an applicant a permit for the placement of a temporary storage unit on or at property for a period of time which exceeds the period set in Subsection D(1) above:

(a)

In the event of fire, or any other natural disaster which causes substantial damage to the primary structure of the property, a temporary storage unit may be placed on or at property for a period of time while repairs are made as determined necessary by the Building Inspector/C.E.O. Once repairs have been made the temporary storage unit shall be removed from the property within 10 days. In the event the applicant wishes to extend the time granted past that allowed under these circumstances, a new application for a permit pursuant to Subsection D(1) must be submitted.

(b)

The renovation, expansion, or any other alteration to an existing permanent structure on a property may require the removal of personal property from the structure and/or storage of said personal property outside of the structure on the property. The period of time the temporary storage unit may be located on or at said property shall be determined by the Building Inspector/C.E.O. based on the type of work being performed and/or 10 days after the building permit issued for the required work expires.

Any temporary storage unit which is not removed at the end of the initial time period permitted under this section or granted under the permit issued will be subject to a daily fine set by the Town Board until the matter is resolved by the owner or property manager of the property in violation of the Town of Marilla Code. If the temporary storage unit is not removed after 10 days from initial notice of the violation by the Building Inspector/C.E.O., or poses a threat to the health, safety, and welfare of residents and visitors, the Town may have the unit removed without notice, with the cost of such removal, as well as the cost associated with the administration of its removal, assessed against the property on which the temporary storage unit was located.

Permit required.

Application: After the initial thirty-day time period has been exhausted, a permit must be applied for and secured approval of the issuance of a permit from the Building Inspector/Code Enforcement Officer on such form as may be prescribed. Such application shall contain and be accompanied by plans and specifications and sufficient detail to show the following:

(a)

Names, addresses, and telephone numbers of the owner or manager of the property on or at which the temporary storage unit is to be placed; and

(b)

The name, address, and telephone number of the individual or company which owns the temporary storage unit; and

(c)

A general map of property location showing all lot lines, existing structures and the proposed location of where the temporary storage unit will be placed.

Issuance: The Building Inspector/C.E.O., after finding that the application and plans and specifications comply with the provisions herein, shall approve the issuance of a permit for the temporary location of such temporary storage unit. Location of the unit shall conform to the approved application, plans and specifications.

Size. Temporary storage units shall be no greater than 1,152 cubic feet in size and shall not exceed 144 square feet in area and eight feet in height.

Number of units. Only one temporary storage unit may be stored on property at any given time unless special circumstances arise, as listed in Subsection D(2).

Location. The placement of any temporary storage unit shall be subject to the following requirements:

The unit must be placed on the driveway or hard-packed surface of a property, and must adhere to the rear and side setback requirements of the respective zoning district.

TEMPORARY PORTABLE ACCESSORY STRUCTURE

No temporary storage unit may be placed in a public right-of-way (ROW) or on the front yard of the property unless permitted by the Building Inspector/C.E.O. due to unusual circumstances (i.e., no driveway, no backyard/sideyard, etc.). Different regulations may be applied under these circumstances, such as the amount of time the unit may be stored at the property, etc.

Signage. No signage other than signage indicating the owner of the temporary storage unit may be allowed on the structure.

Hazardous materials. Storage of hazardous materials within temporary storage units is prohibited.

§ 700-45.2 Temporary portable accessory structures.

[Added 4-8-2010 by L.L. No. 2-2010]

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

Any detached carport, awning, canopy, or tent made of cloth, wood, aluminum, or other materials, whether or not factory constructed, for the parking of automobiles or storage of property belonging to residents on the premises.

A "temporary portable accessory structure" is such that the use of it does not require permanent location to the ground, or attachment to something having a permanent location on the ground.

Enforcement. The provisions of this chapter shall be enforced by the Town of Marilla Building Inspector/Code Enforcement Officer (C.E.O.) or his/her representative.

Exemptions. Tents, gazebos, and canopies used for residential recreational purposes shall not be governed by these regulations.

Duration.

Upon visual discovery by the Building Inspector/C.E.O. and/or through registration of a complaint, a temporary portable accessory structure may not be maintained or erected for a period of time exceeding 30 days and shall not be erected for more than 120 calendar days per year. In the event a property or business owner wishes to maintain an erected structure longer than the established timeframes, a permit must be obtained from the Building Inspector/C.E.O.

Any temporary portable accessory structure which is not removed at the end of the initial time period permitted under this section or granted under the permit issued will be subject to a daily fine set by the Town Board until the matter is resolved by the owner or property manager of the property in violation of the Town of Marilla Code. If the temporary portable accessory structure is not removed after 10 days from initial notice of the violation by the Building Inspector/C.E.O., or poses a threat to the health, safety, and welfare of residents and visitors, the Town may have the structure removed without notice, with the cost of such removal, as well as the cost associated with the administration of its removal, assessed against the property on which the temporary portable accessory structure was located.

Permit required.

(a)

Names, addresses, and telephone numbers of the owner or manager of the property on or at which the temporary portable accessory structure is to be placed; and

(b)

The name, address, and telephone number of the individual or company which owns the temporary portable accessory structure; and

(c)

A general map of property location showing all lot lines, existing structures and the proposed location of where the temporary portable accessory structure will be placed.

Issuance: The Building Inspector/C.E.O., after finding that the application and plans and specifications comply with the provisions herein, shall approve the issuance of a permit for the temporary location of such temporary portable accessory structure. Location of the structure shall conform to the approved application, plans and specifications.

Size. Temporary portable accessory structures shall be no greater than 200 square feet for residential property uses in all zoning districts and no greater than 400 square feet for commercial property uses.

Number of structures. Only one temporary portable accessory structure may be stored on property at any given time. In the event a property or business owner wishes to maintain a second temporary portable storage structure, a permit shall be required through an application to and reviewed by the Building Inspector/C.E.O.

Location. The placement of any temporary portable accessory structure shall be subject to the following requirements:

All structures must be located in the rear or side yard, and shall be required to satisfy the requirements for placement and setback of either an accessory building or a principal building, as the case may be, for the established zoning regulations of the district. No structure shall be placed within the front yard of the property.

The location and size of the temporary portable accessory structure shall be of such character that, in general, it will be in harmony with the existing development of the district in which it is proposed to be situated and will not be detrimental or obnoxious to adjacent properties in accordance with the zoning classification of such properties, as set forth in the Zoning Code of the Town of Marilla.