In addition to all other requirements set forth in this chapter,
the following supplementary regulations shall apply, as herein specified,
in areas created by this chapter and all amendments hereto.
In all areas of special flood hazards the standards as adopted by Chapter
72, Flood Damage Prevention, of the Code of the Town of Little Valley, dated April 13, 1987, shall apply.
No manufactured homes/mobile homes, trailer or other habitable vehicle shall be permitted to locate in the Town in any district as specified under §
140-13 of this chapter except as specified in Chapter
90, Mobile Homes and Mobile Home Parks, of the Code of the Town of Little Valley, dated December 30, 1985.
Where permitted in §
140-13 of this chapter, all automobile graveyards and junkyards shall conform to the requirements set forth in Chapter
83, Junkyards.
With the exception of public road and highway signs, no sign
or billboard shall be permitted in any district except as hereinafter
provided.
A. Any illuminated sign or lighting device shall employ only lights
emitting a light of constant intensity, and no sign shall be illuminated
by or contain flashing, intermittent, rotating or moving light or
lights. In no event shall an illuminated sign or lighting device be
so placed or directed so as to permit the beams and illumination therefrom
to be directed or beamed upon a public street, highway, sidewalk or
adjacent premises so as to cause glare or reflection that may constitute
a traffic hazard or nuisance.
B. Announcement or professional signs for legitimate home occupations
and professional activities and name of resident signs not exceeding
more than six square feet in area shall be permitted in any district
where such activities are permitted.
C. Bulletin boards and signs for a church, school, community or other
public or semipublic institutional building shall be permitted, provided
that the area of such sign does not exceed 15 square feet in area
and such signs are set back a minimum of 15 feet from the established
right-of-way line.
D. No portable or temporary sign shall be placed on the front or face
of a building or on any premises, except:
(1) One temporary sign, not exceeding 12 square feet in the residential
district, listing the architect, engineer, contractor and/or owner,
on premises where construction, renovation, or repair is in progress;
provided, however, the same shall be removed from the premises upon
the completion of the project.
(2) Temporary signs not exceeding 50 square feet announcing an event
of community interest, meeting the approval of the Town Board, may
be erected provided the same shall be removed from the premises upon
the completion of the event.
E. No sign or part thereof shall contain or consist of banners, posters,
pennants, ribbons, streamers, spinners, or other similar moving, fluttering
or revolving devices. The said devices, as well as strings of lights,
shall not be used for the purposes of advertising or attracting attention
when not part of a sign.
F. No sign erected or maintained in the window of a building, visible
from any public or private street or highway, shall occupy more than
15% of the area of said window.
G. No signs shall be placed on the roof of any building.
H. Real estate signs not exceeding six square feet in area and advertising
the sale, rental or lease of the premises on which the sign is located
shall be permitted on any property. All such signs shall be removed
within seven days after the sale, lease or rental of the premises.
I. A sign or notice having an area of nine square feet or less of a
public utility, gasoline service station, public garage and outdoor
display area necessary for the direction, information or safety of
the public.
J. Gasoline service stations.
(1) On any gasoline service station not more than one pole sign erected
for the purpose of advertising the brand of gasoline sold at such
service station, provided such pole sign have a maximum area of not
more than 20 square feet, and a maximum height of not more than 20
feet to the top of such pole sign.
(2) Gasoline service stations shall additionally be permitted two price,
product or promotional signs each, not exceeding 12 square feet or
six square feet per side, if located on the pump island, or set not
closer than 10 feet from the edge of the pavement, not exceeding eight
feet above grade nor situated so as to impair visibility for pedestrians
or motorists.
K. Exempt signs (require no permits):
(1) Historical markers, tablets and statues, memorial signs and plaques;
names of buildings and dates of erection when cut into any masonry
surface or when constructed of bronze, stainless steel, or similar
material; and emblems installed by governmental agencies, religious
or nonprofit organizations; not exceeding six square feet.
(2) Flags and insignia of any government, except when displayed in connection
with commercial promotion.
(3) On-premises directional signs for the convenience of the general
public, identifying public parking areas, fire zones, entrances and
exits and similar signs, internally illuminated or nonilluminated,
not exceeding four square feet per face and six feet in height. Business
names and personal names shall be allowed, excluding advertising messages.
(4) Nonilluminated warning, private drive, posted or no trespassing signs,
not exceeding two square feet per face.
(5) Agricultural signs not exceeding four square feet.
(6) One on-premises sign, either freestanding or attached, in connection
with any residential building in any zoning district, for permitted
professional offices or home occupations not exceeding two square
feet and set back at least 10 feet from the highway right-of-way.
Such sign shall state name and vocation only. Illumination shall not
produce a direct glare beyond the limits of the property line.
(7) Number and name plates identifying residents, mounted on house, apartment
or mailbox, not exceeding one square foot in area.
(8) Lawn signs identifying residents, not exceeding one square foot,
or two square feet if double-faced. Such signs are to be nonilluminated
except by a light which is an integral part of a lamp post if used
as a support, with no advertising message thereon.
(9) Private-owner merchandise sale signs for garage sales and auctions,
not exceeding four square feet for a period not exceeding seven days.
(10)
One temporary sign for a roadside stand selling agricultural
produce grown on the premises in season, providing that such sign
not exceed 24 square feet and be set back at least 10 feet from the
public right-of-way.
(11)
Christmas holiday decorations, including lighting, are exempt
from the provisions of this chapter.
(12)
At gasoline stations:
(a)
Integral graphics or attached price signs on gasoline pumps.
(b)
Two auxiliary signs per station, each not exceeding two square
feet.
(c)
One portable sign per station, not exceeding 12 square feet
and four feet in height.
(13)
Directional signs for meetings, conventions, and other assemblies.
(14)
Political posters, banners, promotional devices and similar
signs, not exceeding 32 square feet, providing:
(a)
Placement shall not exceed 60 days, and a period of nine months
shall elapse between the last day of one period of showing and the
first day of the next.
(b)
The names and addresses of the sponsor and the person responsible
for removal are identified.
(15)
In instances where a sign(s) may be required to be erected by
local, state, and/or federal law, such signs shall be exempt from
requirements of this chapter but notification of the Planning Board
and Town Clerk, in writing, will be required before erection of such
sign(s).
L. Recreational areas, day camps, golf clubs, ski areas, and other similar
facilities permitted by this chapter shall in all zones be permitted
one sign not exceeding 50 square feet.
M. Portable signs. A new business, or a business in a new location awaiting
installation of a permanent sign, may utilize a portable sign for
a period of not more than 60 days or until installation of a permanent
sign, whichever occurs first. Such a portable sign must meet all the
construction standards of the municipality. A separate permit for
such a portable sign shall be required.
N. Nonconforming signs. In the event a sign lawfully erected prior to
the effective date of this chapter does not conform to the provisions
and standards of this chapter, then such signs shall not be enlarged
nor replaced by a nonconforming sign.
O. Removal of signs. Any sign, existing on or after the effective date
of this chapter, which no longer advertises an existing business conducted
or product sold on the premises upon which such sign is located shall
be removed.
(1) If the Code Enforcement Offiicer shall find that any sign regulated
in this chapter is not used, coded in advertising, is abandoned, unsafe
or insecure, or is a menace to the public, the Code Enforcement Officer
shall give written notice to the named owner of the land upon which
it is located, who shall remove or repair the sign within 30 days
from the date of the notice. If the sign is not removed or repaired
within said time period, the Code Enforcement Officer shall revoke
the permit issued for such sign and may remove or repair the sign
and assess the owner for all costs incurred for such service.
(2) The Code Enforcement Officer may cause any sign which is a source
of immediate peril to persons or property to be removed immediately
and without notice.
P. Construction standards.
(1) All signs installed after the effective date of this chapter shall
have attached to the sign, a name plate giving the sign permit number
and the name and address of the owner, person or corporation responsible
for the general requirements and maintenance as outlined in this chapter.
(2) All internally illuminated signs shall be constructed in conformance
with the "Standards for Electric Signs (U.L. 48) of Underwriters Laboratories,
Inc." and bear the seal of Underwriters Laboratories, Inc.
(3) If such sign does not bear the Underwriters Laboratories Label the
sign shall be inspected and certified by an appropriate electrical
inspection person or agency, as determined by the Town. All transformers,
wires and similar items shall be concealed. All wiring to freestanding
signs shall be underground.
(4) All freestanding signs shall be designed and constructed to withstand
a wind pressure of not less than 30 pounds per square foot of surface
area.
(5) All signs, including wall-mounted and projecting signs, shall be
securely anchored and shall not swing or move in any manner.
(6) All signs, sign finishes, supports and electric work shall be kept
clean, neatly painted, and free from all hazards, such as, but not
limited to, faulty wiring, and loose supports, braces, guys and anchors.
(7) All projecting, freestanding or wall signs shall employ acceptable
safety material.
(8) All signs shall be painted and/or fabricated in accordance with generally
accepted standards.
Q. Sign permit application procedure.
(1) Except as otherwise provided, no person shall erect, alter, or relocate
any sign without first obtaining a permit from the Code Enforcement
Officer. Applications shall be made, in writing, on forms prescribed
and provided by the municipality and shall contain the following information:
(a)
Name, address and telephone of:
(b)
Location of the building, structure or land upon which the sign
now exists or is to be erected.
(c)
If a new sign is to erected, elevation and plan drawings to
scale should be included. In addition a full description of the placement
and appearance of the proposed sign should be included and should
cover the following:
[1]
Location on the premises, specifically, its position in relation
to adjacent buildings, structures and property lines.
[2]
The method of illumination, if any, and the position of lighting
or other extraneous devices, and a copy of the electrical permit related
to the electrical connections.
[3]
Graphic design, including symbols, letters, materials and colors.
[4]
The visual message, text, copy or content of the sign.
(d)
Written consent, or a copy of the contract made with the owner
of the property upon which the sign is to be erected, if the applicant
is not the owner.
(2) Issuance of permit. Upon the filing of a complete application for
a sign permit and the payment of the required fee, the Planning Board
shall examine the plans, specifications, and other data submitted
and the premises on which the sign is to be erected or now exists.
If it shall appear that the sign is in compliance with all the requirements
of this chapter, they shall issue a permit for the erection of the
proposed sign or for an existing sign. The issuance of a permit shall
not excuse the applicant from conforming to the other laws and ordinances
of the municipality.
In all districts in connection with every residential, commercial,
industrial, institutional or other use, there shall be provided at
any time any building or structure is erected, enlarged or increased
in capacity, off-street parking spaces for automobiles in accordance
with the following requirements:
A. Each off-street parking space shall have an area of not less than
160 square feet, exclusive of access drives or aisles, and shall be
of usable shape and surface.
B. Adequate access shall be provided to all parking spaces. Where a
lot does not abut on a private or public access drive, an access drive
of not less than 18 feet in width in all other cases leading to the
parking area shall be required.
C. The number of off-street parking spaces to be provided shall not
be less than the following:
|
Use
|
Parking Spaces Required
|
---|
|
Bowling alley
|
Five for each alley
|
|
Church or school
|
One for each four seats in principal gathering room
|
|
Country club
|
One for each five members
|
|
Dance hall, assembly, or exhibition hall, nightclub, cafe or
similar recreation establishment
|
One for each 100 square feet of floor area
|
|
Eating and drinking establishment
|
One for every four seats
|
|
Golf course
|
Six for each hole
|
|
Hospital
|
One for every three beds and one for each two employees on the
maximum working shift
|
|
Industrial uses
|
One for each two employees on the maximum working shift
|
|
Mortuary or funeral home
|
One for each 75 square feet or floor area
|
|
Multiple-dwelling unit
|
Two per unit with one extra space for guest parking per two
units
|
|
Offices, clinics, wholesale establishments and business services
|
One for every 300 square feet of floor space
|
|
Private club or lodge
|
One for each 10 members
|
|
Public swimming pool
|
One for each 40 square feet of pool area
|
|
Rental units, motels and hotels
|
One per rental room or unit
|
|
Residential
|
Two per dwelling unit
|
|
Retail store or personal service establishment
|
One for each 100 square feet of floor space
|
|
Sanitarium or convalescent home
|
One for every three beds and one for each two employees on the
maximum working shift
|
|
Theater
|
One for every four seats
|
D. Every building having a gross floor area of 10,000 square feet or
more, requiring the loading or unloading of trucks, shall provide
and maintain at least one off-street loading space, plus one additional
space for each additional 100,000 square feet of gross floor area
or fraction thereof. Each loading space shall be not less than 10
feet in width, 25 feet in length and 14 feet in height
Temporary buildings or trailers, other than buildings or trailers
for living purposes, to be used in connection with construction work
only, may be permitted in any district during the period that the
construction work is in progress, but such temporary buildings shall
be removed upon the completion of such work. Permits for temporary,
nonresidential buildings shall be issued for a one-year period and
must be renewed for continued use.
Accessory buildings may be permitted in all zones, except the
Floodway Zone, provided they do not occupy more than the stated percentage
of the required yard; equivalent open space is left elsewhere on the
lot; they are located within the stated lot dimensions; and they are
not erected within five feet of any other building.
Where permitted in §
140-13 of this chapter, fences shall conform to the following requirements:
A. Setback. Fences shall be set back a minimum of 10 feet from the edge
of the road (street) and shall not be located within the legal road
(street) rights-of-way.
B. Corner lots. On corner lots, no fence, wall, hedge or other structure
or planting interfering with visibility from motor vehicles shall
be erected, placed, maintained, continued or permitted within the
triangular area formed by the intersecting street lines on such lots
and a line drawn between two points 30 feet distant from the intersection,
measured along said street lines.
C. Proximity to neighboring properties. All fences shall be located
no closer than two feet from adjacent property lines except agricultural
fences.
D. Fire hazard. Any fence which is flammable or positioned in such a
manner so as to be excessively disruptive to extinguishing a fire
shall be prohibited.
E. Finished sides. The finished sides of all barrier fences must face
adjacent properties.
F. Maintenance. All fences shall be maintained structurally and visually.
G. A fence used for agricultural purposes is exempt from a special use
permit.
The height limitations contained in the Schedule of District
Regulations do not apply to spires, belfries, cupolas, antennas, water
tanks, ventilators, chimneys, silos, grain elevators, radio or television
towers or any appurtenances usually required to be placed above the
roof level and not intended for human occupancy.
All regulations and standards in the drilling of wells in the
Town shall comply with the New York State Health Department and or
New York State Department of Environmental Conservation.