[Added 3-20-2000 by L.L. No. 1-2000]
A. As used in this section, the following terms shall
have the meanings indicated:
PERMITTED STEPS/PORCH
Steps, stairways, landings, a deck and an unenclosed porch
(but no other structure not otherwise permitted under this chapter)
which are located adjacent to the front of the principal building
on a lot and are not located any closer to the side boundary line
of a lot than the principal building.
UNENCLOSED PORCH
A porch which is not enclosed in any manner except by railings
not exceeding three feet six inches in height.
B. Notwithstanding anything to the contrary provided
in this chapter:
(1) Notwithstanding the twenty-five-foot front yard depth requirements set forth in §
160-8D(4)(a) for Residential A Districts and in §
160-9B(4)(a) for Residential A-1 Districts, the front yard depth requirements for permitted steps/porch (as defined in Subsection
A above) in Residential A and Residential A-1 Districts shall be 20 feet, and permitted steps/porch (as defined in Subsection
A above) may be constructed and maintained within the front yard in Residential A and Residential A-1 Districts so long as they are not closer than 20 feet to the street right-of-way line.
(2) Notwithstanding the twenty-foot front yard requirement set forth in §
160-10D(4)(a)[1] for Residential B Districts, the front yard depth requirements for permitted steps/porch (as defined in Subsection
A above) in Residential B Districts shall be 15 feet, and permitted steps/porch (as defined in Subsection
A above) may be constructed and maintained within the front yard of a Residential B District so long as they are not closer than 15 feet to the street right-of-way line.
The height limitations provided for in this
chapter shall not apply to spires, belfries, cupolas, penthouses and
domes not used for human occupancy; nor to chimneys, ventilators,
skylights, water tanks, bulkheads, silos, barns, amateur radio receiving
and transmitting equipment, and necessary mechanical appurtenances
usually carried above the roof level. Such features, however, shall
be erected only to such height as is necessary to accomplish the purpose
they are designed to serve and shall in no event exceed 50 feet in
height without the prior approval of the Board of Appeals granted
in accordance with this chapter.
[Amended 6-20-2011 by L.L. No. 2-2011]
A. Intent. The purpose of the signage regulations in §§
160-17,
160-17.1,
160-17.2,
160-17.3 and
160-17.4 are to encourage the effective use of signs as a means of communication in the Village; to minimize possible adverse effects of signs on nearby public and private properties; to maintain and enhance the visual and aesthetic environment; to improve pedestrian and vehicular traffic safety; and to enable the fair and consistent enforcement of these sign regulations by the Village.
B.
SIGN
Any letter, word, model, banner, pennant, insignia, logo,
symbol, trade flag or other device or representation used as or which
is in the nature of an advertisement, announcement or direction, but
excluding any public traffic or directional signs or signals. Signs
regulated by this section shall also include those signs which are
painted or affixed to the interior or exterior of a window and visible
from the exterior of the premises which are intended to advertise
and/or identify the name of the business or entity and/or any products
or services provided or sold, on or off the premises, for compensation.
SIGN, ADVERTISING
Any sign which directs attention to a business, commodity,
service or entertainment conducted, sold or offered elsewhere than
on the premises and only incidentally on the premises if at all.
C. Computation of permissible sign area. When computing the total permissible
sign area for any use, the following shall apply:
(1) Existing signs shall be included.
(2) The total area of all signs shall not exceed the requirements as
set forth in this chapter.
(3) Signs consisting of freestanding letters, numerals or other devices
shall include any intervening spaces between them.
(4) Back-to-back signs may be counted as one sign with only the larger
face area to be used.
(5) Only the larger face area of a double-faced or V-type sign shall
be used.
D. Conformance. Any sign shall be erected, replaced, moved or modified in conformity with the provisions of § 160-17A.1. All actions related to questions of conformance shall be subject to the review and decision thereon by the Planning Board. See §
160-17.1J for the regulation of temporary signs. Where the provisions relating to §
160-17.1B through
N may be in conflict with the signage provisions relating specifically to the respective zoning districts in §
160-17.2, the latter provisions shall apply.
[Added 6-20-2011 by L.L. No. 2-2011]
Applying to all districts except where expressly provided otherwise
herein:
A. The Village Codes Enforcement Officer shall review for conformance all completed applications to erect, replace, move or modify signs. Same shall be reviewed to ensure that signage design is consistent with the design principles which predominate among the existing and proposed buildings within the zone and the surrounding area, including residential, and will not adversely affect the desirability of the immediate and surrounding area, including residential. Design principles to be addressed include, but are not limited to, the suitability of design and type of proposed sign, including height, line, color and texture of materials to be used in relation to the immediate and surrounding area, including residential. The Village Codes Enforcement Officer may issue limited permits required for certain temporary signage requiring a limited permit without requirement of Planning Board referral or recommendation. The Village Codes Enforcement Officer shall forward all other applications that are in compliance and do not require a special permit to the Planning Board (or Board of Trustees, if requiring a special permit) within five business days for review and approval on the issuance of a sign permit. The Planning Board's recommendation shall be limited to ensuring consistency with the spirit of this chapter (i.e., as to features and components of the proposed signage not expressly regulated herein), and shall otherwise determine that generally the relevant criteria/standards described at §
160-17.3 (for special permits) have been met or not violated. The Planning Board's decision or Board of Trustee's decision, if for a special permit, shall be rendered to the Village Codes Enforcement Officer within 45 days of receipt of said application (or pursuant to §
160-17.3A if for a special permit). If the signage is part of an application for a site plan approval, and not required a special permit, the Planning Board's decision on the site plan shall include its decision on the proposed signage. The payment of an application fee in accordance with the Village's Schedule of Fees shall accompany all sign permit applications. The Village Codes Enforcement Officer may maintain a book of photographs and/or drawings representing the types and styles of signs preferred in the Village in order to assist in expediting the application process. All sign permit applications not expressly identified as being subject to special permit review or temporary signage permit issuance by the Codes Enforcement Officer shall be subject to Planning Board review and approval.
B. Relationship to use. All signs except for temporary signs and except for billboards permitted under §
160-17.1M must pertain to a use conducted on the same property on which the sign is located.
C. Illumination.
(1)
Permitted signs may be illuminated except where this §
160-17.1 specifically prohibits certain signs from being illuminated. However, signs or sign illumination shall not be twinkling, flashing, or otherwise intermittent (except for time/temperature signs), or of changing degrees of color or intensity. Further, neon or LED signs shall only be permitted on the inside of buildings. No sign shall contain or consist of Day-Glo-like material.
(2)
Light sources, other than within the signage characters such
as with neon or LED signage, that are used for illuminating signage
shall be shielded and shall not be a source of glare. All light sources
shall generate less than one footcandle of light measured at a distance
of four feet from the light source.
(3)
Upon referral by the Village Codes Enforcement Officer and/or
Planning Board, the Planning Board may require the submission of an
illumination plan and may further regulate the number, placement,
intensity and hours of illumination of all light fixtures used for
signage.
D. Placement. No sign shall be located so as to obscure any signs displayed
by a public authority, nor shall any sign be placed in such a way
as to obstruct proper vehicular sight distance. Further, signs shall
not interfere with any ventilation system, door, window, fire escape
or other emergency exit. Notwithstanding any other provision hereof
to the contrary or otherwise, no signage of any kind shall be placed
upon other signage, utilizing poles or other public utility infrastructure
or improvements.
E. Movement/animation/removable letters or lights. No sign or sign component
shall be moving, animated, rotating or revolving. Further, no sign
shall contain removable letters, except for signs associated with
educational, religious or municipal institutions, gas stations, or
with theaters or similar facilities. In addition, light strips and
strings of lights shall not be used for advertising or attracting
attention to a sign when they do not comprise the text of the sign.
F. Maintenance and quality of signs. All signs and components thereof
shall be kept in good repair and in safe, neat and clean conditions.
All signs and related illumination shall be of a professional quality
with respect to such matters as design, painting, lettering, materials
and construction.
G. Nonconforming signs. All signs that do not conform to the provisions of this §
160-17.1 shall be subject to the following requirements:
(2)
Amortization. A sign not complying with §§
160-17,
160-17.1,
160-17.2,
160-17.3 and
160-17.4, but in place, by permit, on the effective date of §§
160-17,
160-17.1,
160-17.2,
160-17.3 and
160-17.4, shall be removed, or brought into compliance with §§
160-17,
160-17.1,
160-17.2,
160-17.3 and
160-17.4 within 10 years after the effective date of this §
160-17.1G. Such period shall be 15 years provided that the Village Board determines, based upon competent evidence, that the sign was constructed within five years prior to the effective date of this §
160-17.1G. Signs which were erected without a sign permit and which are prohibited by §§
160-17,
160-17.1,
160-17.2,
160-17.3 and
160-17.4 shall be removed.
(3)
Continuance. A nonconforming sign may be continued during the
amortization period if it is maintained in good condition. It shall
not, however, be replaced by another nonconforming sign. A nonconforming
sign may not be structurally altered so as to prolong the life of
the sign. It may not be reestablished after damage or destruction
if the Building Inspector determines that the estimated cost of reconstruction
exceeds 50% of the estimated replacement cost.
(4)
Nuisance. An unsafe or abandoned sign is declared a public nuisance,
which shall be abated by the owner within 30 days of receiving notice
from the Building Inspector.
H. Projecting signs. Projecting signs of a marquee type shall require
a special permit issued by the Village Board of Trustees. Marquee-type
signs are permitted for theaters and similar large-scale assembly
and patron facilities only. All other projecting signs shall be subject
to Planning Board recommendation. For all projecting signs, there
shall be at least a ten-foot clearance above pedestrian rights-of-way
and at least a fourteen-foot clearance above vehicular rights-of-way
for permitted signs projecting from buildings into the vehicular right-of-way.
For purposes hereof the vehicular right-of-way shall include the existing
(or any intended widening of the) paved portion of the right-of-way
plus an additional 20 feet of depth within the portion of the improved
area of the right-of-way nearest to the building with the projecting
sign. Signs shall not project vertically above the roofline or parapet,
or extend horizontally beyond the limits of the building.
I. Traffic hazard, safety, and obstruction. Every sign shall be designed
and located in such a manner as to:
(1)
Not impair public safety.
(2)
Not restrict clear vision between a sidewalk and a street.
(3)
Not be confused with any traffic sign or signal.
(4)
Not prevent free access to any door, window or fire escape.
J. Temporary signs.
(1)
Definition. Temporary signs are those which are displayed for
short periods of time. Unless expressly otherwise provided below,
all temporary signs shall be limited in usage to a maximum of 45 days
and shall be removed within 48 hours following the event or last day
thereof. Signs shall not be considered temporary if they are effectively
displayed on an ongoing basis, interrupted by short intervals when
they are not displayed.
(2)
The following types of temporary signs shall not require (or
shall require where indicated a limited) a signage permit:
(a)
"For sale," "for rent" or "sold" signs: no permit required.
No more than two temporary signs, not exceeding six square feet in
area, are permitted for each real estate subdivision, set back at
least at least 10 feet from the street line upon which the property
is located. This signage usage shall be allowed beyond 45 days.
(b)
Temporary sign during development; construction: limited permit
required. The developer, architect, engineer, contractors and mortgage
lender shall be allowed one combined sign not exceeding six square
feet in area. Such signs shall be permitted during the entire course
of development construction but shall be removed at the end of construction.
Such signs shall be permitted only for commercial, governmental or
institutional projects and for commercial/residential PDD and subdivision
developments (the latter limited to one sign per PDD or subdivision).
(c)
Temporary political signs: In order to preserve aesthetics and
ensure traffic safety in the Village of Minoa, political signs advocating
the candidacy of an individual or individuals for public office are
permitted; subject, however, to the following conditions:
[Amended 9-18-2017 by L.L. No. 2-2017]
[1] No sign may be erected in a public street or placed
in such a fashion as would be hazardous to traffic or public safety.
[2] No sign shall exceed six square feet.
[3] Such signs shall not be subject to the forty-five-day limitation in §
160-17.1J(1) above but shall be removed within 48 hours following election day.
(d)
Garage sales or the like: no permit required. Temporary signs
pertaining to garage sales, tag sales or other business activities
which have a duration of seven calendar days or less.
(e)
Civic/philanthropic/educational/religious signs: No permit required. Temporary signs pertaining to events of civic, philanthropic, educational or religious institutions and/or affiliated associations shall not be subject to the size limitation contained in §
160-17.1J(4).
(3)
Payment of a review fee in accordance with the Village's
Schedule of Fees shall accompany the application for signs which are
subject to the issuance of Limited Permit for temporary signage.
(4)
Except as provided in §
160-17.1J(2)(a) through
(d), temporary signs shall not exceed eight square feet in area and shall not be illuminated.
(5)
Temporary signs shall not have an adhesive backing and must
be easily removable without residual markings.
(6)
Temporary signs must also conform to all of the other provisions of this §
160-17.1, except with respect to being of a professional quality as required in §
160-17.1F above.
K. Freestanding signs. Freestanding signs shall require a special permit
issued by the Village Board of Trustees. No freestanding sign shall
extend more than 10 feet from the ground to the top of the sign except
for a freestanding sign associated with a shopping center or a motor
vehicle service station, which shall not extend more than 15 feet
from the ground to the top of the sign. Freestanding signs shall be
part of a monument and not pylon or similar post-supported structure.
L. Prohibitions. The following types of signs and artificial lighting
are prohibited:
(1)
Billboards, except for those which are existing on the effective
date of these regulations and which are associated with a site which
is on the National Register of Historic Places.
(2)
Signs that compete for attention with or may be mistaken for
a traffic signal.
(3)
Searchlights, beacons, blimps and permanent balloons.
(4)
Signs attached to or painted on trucks or other large vehicles
when the vehicle is obviously marked and parked in such a manner as
to advertise or attract attention to an establishment or business.
(5)
Banners, flags, strings of balloons, flags or lights, or similar
outdoor advertising, except on a temporary basis with respect to the
opening, reopening or remodeling of the business (that is, limited
to a maximum duration of 45 days).
M. Consistent signage. Where a building or site is permitted more than one sign by the provisions of this §
160-17.1, all new signs shall be consistent relative to one another in terms of size, general shape, materials and colors and, if building-mounted, location on the building (mounting height). Further, the Planning Board (and/or Board of Trustees, if considering a special permit application) may require the submission of a master signage plan for the site which shows said consistency.
N. Window signs. The combination of permanent and temporary signage applied to or placed within two feet of the interior of any given window shall be considered part of the signage in accordance with the provisions of this §
160-17.1. Further, in no event shall permanent window signage exceed 25% of the window on or within which it is located. Merchandise for sale is not considered part of the signage for purposes of this item.
[Added 6-20-2011 by L.L. No. 2-2011]
The following signage shall be permitted within the districts listed below and shall be regulated therein, as follows. Said signage shall also conform to the provisions of §
160-17.1A through
N above, as qualified in §
160-17.1B.
A. All districts.
(1)
Directional or information sign, not exceeding four square feet.
(2)
Signs necessary for public safety or welfare, not exceeding
four square feet, but this subsection shall not include commercial
signs. In no instances will signs, posters, etc., be permitted on
utility poles.
(3)
Signs, not to exceed four square feet, advertising for sale
goods produced on the owner's land, such as wood, produce, livestock
and Christmas trees. Such signs will be permitted on a temporary or
seasonal basis only.
B. Residential B Districts.
(1)
With respect to nurseries and the seasonal sale of produce, signs shall conform to §
160-17.2B(5).
(2)
With respect to funeral homes, there shall be no signs other than those permitted in §
160-17.2B(5).
(3)
With respect to customary home occupations, no display of signage shall be visible from the street, except as set forth in §
160-17.2B(5).
(4)
With respect to bed-and-breakfast establishments, one sign designating
a bed-and-breakfast establishment shall be permitted, subject to the
following conditions:
(a)
The area of the sign shall not exceed two square feet.
(b)
If freestanding, the overall height of the sign shall not exceed
six feet as measured from the finished grade to the top of the sign.
(c)
The sign shall not be internally illuminated.
(d)
If externally illuminated, the illumination shall not exceed
the equivalent of a one-hundred-watt bulb.
(e)
If illuminated, the illumination shall be constant, shall be
directed towards the sign and shall be shielded from the view of the
street and neighboring properties.
(5)
Signs conforming to the following shall be permitted as accessory
uses:
(a)
One nonilluminated nameplate or professional sign with an area
of not over two square feet.
(b)
One externally illuminated bulletin board or other announcement
sign for educational religious institutions permitted in this chapter,
with an area of not over 12 square feet.
C. Commercial Districts.
(1)
Signs accessory to an establishment located on the same lot shall be permitted, provided that such signs shall be limited as set forth in this §
160-17.2C(1) and
(2) as follows:
(a)
Not more than one such sign, excluding signs in windows, shall
be permitted for each tenant on the premises on each facade which
fronts on a street.
(b)
The aggregate area, in square feet, of all signs on any wall
shall be not greater than 5% of the building facade or 100 square
feet, whichever is less, of the wall on which it is placed.
(c)
Such signage shall not exceed the building height limitations
of the district in which located and shall not exceed the highest
point of the building's roof.
(d)
Such sign or signs shall be parallel or perpendicular to the
face of the building and no part thereof, including any illuminating
devices, shall project no more than 12 inches outward from the face
of the wall to which it is applied for parallel signs and no more
than 36 inches outward from the face of the wall to which it is applied
for perpendicular signs.
(e)
In addition, where the building is set back from the curbline a distance of 25 feet or more, not more than one freestanding sign with a total area on each face of not more than 40 square feet may be erected; provided, however, that the Village Board may, in accordance with the procedure set forth in §
160-17.3 of this chapter, grant a special permit for the erection or continuance of a freestanding sign with an area on each face not exceeding 40 square or such lesser area as the Village Board may prescribe in instances where the building is set back from the curb or edge of traveled way less than 25 feet but 15 feet or more, subject to such conditions as the Village Board may impose and with due regard to safety and other factors set forth in §
160-17.1I where the Board shall find that:
[1] The building in connection with which such sign
is used or to be used was in existence on the effective date of this
provision, and has not after that date been altered to cause it to
be closer to the curbline or edge of traveled way; and
[2] Other permitted signs are not, because of lack
of visibility or other reason, adequate in the determination of the
Village Board and, for that or other reason, the Village Board deems
such sign to be necessary or desirable.
(f)
The proposed signage in all other respects, and notwithstanding
its location, is in relative character with the neighborhood and nearby
community.
(2)
Motor vehicle service stations.
(a)
Unless otherwise required by law, signs shall be limited to
one freestanding sign and one exterior sign on each wall of a building
fronting on a street.
(b)
In connection with the sale of used cars or rental of vehicles
at a service station, no temporary signs shall be permitted on the
exterior of vehicles. Signs in the interior of vehicles shall be limited
to one per vehicle, not to exceed 12 inches by 15 inches. Sign printing
shall have characters not larger than one inch.
D. Industrial Districts; accessory signs. One sign shall be permitted
facing each street from which access to the lot is provided. Such
sign shall be applied onto the wall of the building and shall not
exceed an area of 50 square feet or an area equal to 1 1/2 times
the length, in feet, of the wall on which is placed, whichever is
less. All light sources shall be shielded from the view of adjacent
lots and streets and shall, except for lights suitable for security
purposes, be extinguished not later than 9:00 p.m. One identification
sign at each point of access to the lot, with an area of not more
than three square feet, shall also be permitted. A single directory
sign, not exceeding eight feet in height, may be erected at the entrance
of a complex of sites; each listing on such sign shall not exceed
eight inches in height and two feet in length.
[Added 6-20-2011 by L.L. No. 2-2011]
A. Special permit procedure for signs.
[Amended 11-21-2011 by L.L. No. 5-2011]
(1)
Application. An application for a special permit for signs shall
be submitted to the Village Board of Trustees. The following information
is required to accompany the application:
(a)
Land. A description of the land to which the proposed special
permit will relate.
(b)
Use; occupancy. A statement of the existing and proposed use
of all parts of the land and the location, character and existing
and proposed use of any existing or proposed buildings or structures,
including the number of floors, entrances, rooms, type of construction.
(c)
Identity of owner and applicant. The full name and address of
the owner(s) and of the applicant(s), and the names and addresses
of their responsible officers if any of them are corporations.
(d)
Sign. A brief description of the nature of the proposed sign.
(e)
Additional information. Such other information as may reasonably
be required by the Village Board of Trustees to establish compliance
of the proposed sign in use with the requirements of this chapter.
(2)
Special permit procedures for signs are as outlined and specified in Article
XIV entitled "Special Permits" of this Chapter
160.
B. Special permit standards and criteria for signs.
(1)
All signs are in harmony with the overall architectural concept
for the site and be architecturally and artistically compatible with
each other and the other buildings. Sign type, color scheme, size,
and illumination within the site shall be coordinated.
(2)
The proposed signage is not violative of any Comprehensive Plan
of the Village.
(3)
The signage shall not adversely affect the public health, safety
and welfare, comfort and convenience of the public in general and
the residents, businesses, and property owners of the immediate neighborhood
in particular.
(4)
The size and complexity of the complex or campus warrants the
need for extra signage under the provisions of this chapter.
(5)
The placement of signage at or near entrances provides superior
visibility in order to assure the safety of the driving public.
(6)
The proposed signs are adequate in number to safely direct the
public to the use or uses on the site.
(7)
The proposed signs do not have any adverse impact on the visibility
of adjacent signs, and are consistent with, or an improvement to,
the prevailing type and style of signage in the general area.
(8)
The proposed signs will be of a style and color which will complement
the architecture of the site and the area in general.
[Added 6-20-2011 by L.L. No. 2-2011]
The Village Board of Trustees shall have the authority to waive the strict application of any area, dimensional, setback or other cosmetic or aesthetic requirement for signage under §§
160-17.1,
160-17.2 and subsections thereof, if it determines, in its sole discretion, that the standards/criteria (otherwise applicable to special permits) under §
160-17.3, or such of them as are relevant to the particular signage proposed, are met (or not violated) by the proposed signage. This waiver authority shall apply both to signage issued under special permit or by Planning Board and/or Codes Enforcement Officer approval authority. Nothing in §§
160-17,
160-17.1,
160-17.2,
160-17.3 and
160-17.4 shall be deemed to limit, restrict or deny an applicant's right to apply to the Village Board of Zoning Appeals for the appropriate variance to permit signage otherwise prohibited or restricted pursuant to §§
160-17,
160-17.1,
160-17.2,
160-17.3 and
160-17.4.
Where a lot in a Commercial or Industrial District
adjoins a lot in a residential district or Open Land District, the
front and side yards of the lot in the Commercial or Industrial District
shall be at least equal in depth and width to the depth and width
required for the adjoining front and side yards of the lot in that
residential district or Open Land District. Where a lot in a Commercial
or Industrial District abuts a lot in a residential district or Open
Land District and no deeper rear yard is required by the regulations
of the Commercial or Industrial District, the rear yard of the lot
in the Commercial or Industrial District shall be at least equal in
depth to the width requirements of the side yards required in that
residential district or Open Land District. In either case, unless
it is specifically determined by the Board of Appeals in any particular
situation that screening should not be required in view of the existing
and potential nonresidential use of such adjoining or abutting lot
in a residential district or Open Land District, the lot in the Commercial
or Industrial District shall have natural or artificial screening
not less than five feet in height, and appropriate reasonably to protect
and preserve the residential character of such adjoining or abutting
lot, along and/or adjacent to the lines of that adjoining or abutting
lot.
In the case of a corner lot, each yard abutting
a street shall have a minimum depth equal to the front yard depth
of the adjacent lot on the same street or the front yard depth required
for the district in which such adjacent lot is located, whichever
is the lesser, and, if in a residential district, shall be unoccupied,
except for fences and/or other decorative or landscaping use. Each
other yard of the corner lot shall have a minimum width equal to the
width of the side yard which it adjoins or the side yard width of
the district in which the adjoining side yard is located, whichever
is lesser, and, if the corner lot is in a residential district, shall
be unoccupied adjacent to the boundary of the adjoining yard to that
minimum width, except for fences and/or other decorative or landscaping
use.
Where a district boundary line divides a lot
in single or joint ownership of record, the regulations for the less-restricted
portion of such lot shall extend not more than 10 feet into the more-restricted
portion, provided that the lot has frontage on a street in the less-restricted
district. The regulations for the less-restricted district may be
extended further into the more-restricted district upon approval of
the Board of Appeals granted in accordance with this chapter.
Public utility structures may be erected, altered
or used and public service uses may be maintained in any district
with approval of the Board of Appeals upon findings by that Board
that the structure or use, together with the conditions and safeguards
as it may fix, is necessary for the public convenience and welfare
and that the proposed location is appropriate.
In any residential district and in any other
district, except upon approval of the Board of Appeals granted in
accordance with this chapter, no person shall strip, excavate or otherwise
remove topsoil for sale or for use other than on the premises from
which the soil shall be taken, except in connection with the construction
or alteration of a structure or use on such premises and excavations
or grading incidental thereto.