No building or other permit shall be issued until plans and
evidence are presented and approved by the Zoning Board of Appeals
to show how the off-street parking and loading requirements are to
be fulfilled and that property is and will be available for exclusive
use as off-street parking and loading space. The subsequent use of
the property for which the permit is issued shall be conditional upon
the unqualified continuance and availability of the amount of parking
and loading space required by this chapter.
A.
Off-street loading. Every institutional, commercial or industrial
building hereafter erected or established having a gross floor area
10,000 square feet or more shall provide and maintain at least one
off-street loading space plus one additional off-street loading space
for each additional 20,000 square feet of gross floor area. Any use
requiring 1/2 or more of a loading space shall be deemed to require
the full space. Each loading space shall be not less than 10 feet
in width, 35 feet in length, and 14 feet in height.
B.
Off-street parking. Off-street parking spaces shall be provided and
maintained as set forth in this section for all uses in all zoning
districts. Such off-street parking spaces shall be provided at the
time.
(1)
A new building is hereafter erected or enlarged.
(2)
A building existing on the effective date of this chapter is enlarged by more than 50% in terms of the units used in the "Requirement" column of Subsection C(1).
(3)
The use is changed to another use with greater parking requirements.
[Amended 2-6-1978 by L.L. No. 2-1978]
(4)
Any use requiring 1/2 or more of a parking space shall be deemed
to require the full space. The provision and maintenance of off-street
parking space is a continuing obligation of the property owner.
C.
Number of spaces required.
(1)
Off-street parking spaces shall be provided as follows:
[Amended 2-6-1978 by L.L. No. 2-1978]
|
Use/Type
|
Requirement
| |
|---|---|---|
|
Residential/one- and two-family
|
2 spaces per dwelling unit
| |
|
Multifamily dwellings
|
2 spaces per dwelling unit
| |
|
Apartment - hotel, rooming or boarding house
|
1 space for each guest accommodation, plus 1 additional space
per 2 employees
| |
|
COMMERCIAL:
| ||
|
Club or lodge
|
Spaces to meet the combined requirements of the uses being conducted
such as hotel, restaurant, auditorium, etc.
| |
|
INSTITUTIONS:
| ||
|
Medical offices, dental clinics, convalescent hospital, nursing
home, sanatorium, rest home, or home for the aged
|
1 space for every 200 square feet of gross floor area, 1 space
per 2 beds for patients or residents
| |
|
PLACES OF PUBLIC ASSEMBLY:
| ||
|
Library or reading room
|
1 space per 400 square feet of floor area, plus 1 space per
2 employees
| |
|
Other auditorium or meeting room
|
1 spaces per 4 seats or 8 feet of bench length
| |
|
COMMERCIAL AMUSEMENTS:
| ||
|
Stadium, arena or theater
|
1 space per 4 seats or 8 feet of bench length
| |
|
Bowling alley
|
5 spaces per lane plus 1 space per 2 employees
| |
|
BUSINESS:
| ||
|
Retail store, except supermarkets and stores selling bulky merchandise
and grocery stores 1,000 square feet of gross floor area or less
|
1 space per 200 square feet of gross floor area
| |
|
SERVICE AND REPAIR SHOPS:
| ||
|
Retail stores and outlets selling furniture or automobiles where
the operator can show that bulky merchandise occupies the major area
of the building
|
1 space per 400 square feet of gross floor area
| |
|
BANK OFFICES
|
1 space per 200 square feet of gross floor area plus 1 space
per 2 employees
| |
|
EATING OR DRINKING ESTABLISHMENTS
|
1 space per 200 square feet of gross floor area or 1 space per
4 seats, whichever is greater
| |
|
MORTUARIES
|
1 space for each 100 square feet of floor area in parlors or
service rooms
| |
|
SHOPPING CENTERS
|
5.5 spaces per 1,000 square feet of gross leasable floor area
| |
|
INDUSTRIAL:
| ||
|
Storage warehouse, manufacturing establishment
|
1 space per employee on the maximum shift air, rail or trucking
freight terminal
| |
|
WHOLESALE establishment
|
1 space per employee plus 1 space per 700 square feet of patron
serving area
|
(2)
Other uses not specifically listed above shall furnish parking as
required by the Zoning Board of Appeals. The Zoning Board shall use
the above list as a guide for determining requirements for said other
uses.
D.
More than one use on one or more parcels. In the event that several
uses occupy a single structure or parcel of land, the total requirements
for off-street parking shall be the sum of the requirements of the
several uses computed separately. If a portion of the floor area,
not less than 100 contiguous square feet, in a retail store will be
used exclusively for storage of merchandise which is not being displayed
for sale, such space may be deducted in computing parking requirements,
but the owner shall not thereafter use the space for any other purpose
without furnishing additional off-street parking as required by this
chapter.
E.
Joint use of facilities. 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 of
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.
F.
Location of parking facilities. Off-street parking spaces for dwellings
shall be located on the same lot with the dwelling. Other required
parking spaces shall be located on the same parcel or on another parcel
not farther than 250 feet from the building or use they are intended
to serve, measured in a straight line from the building. The burden
of proving the existence of such off-premises parking arrangements
shall rest upon the person who has the responsibility of providing
parking.
G.
Use of parking facilities. Required parking space shall be available
for the parking of operable passenger automobiles of residents, customers,
patrons, and employees only, and shall not be used for the storage
of vehicles or materials or for the parking of trucks used in conducting
the business or use.
H.
Parking in front yard. Unless otherwise provided, required parking
and loading spaces shall not be located in a required front yard,
except in the case of a single- or two-family dwelling, but such space
may be located within a required side yard or rear yard.
I.
Development and maintenance standards for off-street parking areas.
Every parcel of land hereafter used as a public or private parking
area, including commercial parking lots, shall be developed as follows:
(1)
An off-street parking area for more than five vehicles shall be effectively
screened by a sight-obscuring fence, hedge or planting, on each side
which adjoins property situated in a residential district or the premises
of any school or like institution.
(2)
Any lighting used to illuminate the off-street parking areas shall
be so arranged that it will not project light rays directly upon any
adjoining property in an R District.
(3)
Except for single-family and duplex dwellings, groups of more than
two parking spaces shall be so located and served by a driveway that
their use will require no backing movements or other maneuvering within
a street or right-of-way other than an alley.
(4)
In a multiple-residence development, parking shall be so distributed
as to service the individual units. There shall be no more than 200
feet between the car and door. Parking lots should be kept small and
in other ways broken up into smaller units through provision of islands
and plantings. Parking spaces shall not run continuous more than 10
adjacent spaces.
(5)
Design and development standards, such as surfacing, size of spaces,
size and number of access points and width of internal circulation
drives, shall be as specified in the Zoning Board of Appeals resolution,
Standards for Design, Development and Maintenance of Off-Street Parking
Facilities.
[Amended 8-7-1989 by L.L. No. 2-1989; 11-6-1989 by L.L. No.
5-1989; 12-7-1992 by L.L. No. 7-1992; 8-1-1994 by L.L. No.
2-1994; L.L. No.
5-2007; 12-4-2012 by L.L. No. 6-2012]
A.
Purpose. The purpose of this article is to promote and protect the
public health, welfare and safety by regulating signs of all types
within the Village. It is intended to ensure right to free speech
as protected under the Constitution, protect property values, create
a more attractive economic and business climate and enhance and protect
the physical appearance of the community. It is further intended to
provide effective means of identification while minimizing visual
clutter by preventing excessive and confusing sign displays, reducing
sign or advertising distraction that may contribute to traffic accidents,
preventing signs from obstructing the view of other signs and curbing
the deterioration of natural beauty. No sign or outdoor advertising
of any character shall be permitted in any zoning district of the
Village of Hilton except in conformity with the regulations of this
section.
B.
ABANDONED SIGN
AUTOMATIC CHANGEABLE COPY SIGN
AWNING SIGN
BANNER/PENNANT
DIRECTORY SIGN
ESTABLISHMENT
FREE-SPEECH SIGN
FREESTANDING SIGN
ILLUMINATED SIGN
INSTRUCTIONAL SIGN
NONCONFORMING SIGN
OFF-SITE SIGN
PORTABLE OR MOBILE SIGN
PROJECTING SIGN
ROOF SIGN
SANDWICH BOARD SIGN
SIGN
SIGN AREA
SIGN STRUCTURE
TRAFFIC CONTROL SIGN
WALL SIGN
WINDOW/DOOR SIGN
Definitions. As used in this article, the following terms shall mean
and include:
Any sign advertising an establishment which has ceased to
operate on the site for a period of more than 30 days.
A sign which changes its content automatically on a frequency
of more than once every 12 hours, whether by electronic or mechanical
means.
Any visual message incorporated into an awning attached to
a building.
A sign that is painted or displayed on a sheet composed of
plastic, paper, fabric or other nonrigid material, fastened to the
exterior of a building or structure or a flagpole, but excluding any
flag representing federal, state, or other governmental entity and
political unit or of any charitable, educational, philanthropic, civic
or religious organizations.
A listing of two or more establishments on one sign.
A business, residence, public or private organization or
similar.
A sign that does not advertise, identify or promote any establishment,
business, service product or organization but rather states an opinion.
A sign not attached to or part of any building but separate
and permanently affixed by any other means in or upon the ground.
Included are monument signs and masonry wall-type signs.
Any sign illuminated by electricity, gas or other artificial
light.
A sign that defines and/or prohibits an activity.
A sign which exists at the time of enactment of this article
and which does not conform to the regulations and restrictions imposed
herein.
A sign located on one site that relates to a different site.
A sign that is designed and intended to be transported from
place to place and is not permanently affixed to the ground or to
a building or structure. Portable signs may or may not have wheels.
A sign which is attached to the exterior of a building beyond
the surface of that portion of the building to which the sign is attached
and not parallel to the face of the building.
A sign that is mounted upon the roof of a building or which
is wholly dependent upon a building for support and which projects
more than six inches above the highest point of a building with a
flat roof; an eave line of a building with a gambrel, gable or hip
roof; or the deck line of a building with a mansard roof.
A sign composed of two panels set up as a triangle shape,
hinged along the top.
Any material, structure or device or part thereof composed
of lettered or pictorial matter or a logo, which is located out-of-doors
or on the exterior of any building or inside a building in view of
the general public from a street or public way and displays an advertisement,
announcement, notice or name.
The entire area within a single, continuous perimeter enclosing
all elements which form an integral part of the sign. The structure
supporting a sign shall be excluded unless the structure is designed
in such a way as to form an integral background for the display.
The supports, uprights, bracing and framework for the sign.
A sign directing and guiding traffic and parking but bearing
no advertising matter.
A sign which is attached to the outside wall of a building,
with the face of the sign in plane parallel to such wall and not extending
more than 12 inches from the face of the wall.
A sign visible from a sidewalk, street, off-street parking
area or other public place, painted or affixed on glass or other window
material or located inside within three feet of window, but not including
graphics in connection with customary display of products.
C.
Procedure for obtaining a permit.
(1)
Except as otherwise provided in this article, no sign shall be installed,
enlarged, redesigned, relocated, placed or modified without first
obtaining a permit in accordance with this article.
(2)
Application for a sign permit shall be made in writing by or on behalf
of the owner, lessee or occupant of the property on which the sign
is to be installed, and must be accompanied by a drawing which shows
proposed dimensions, text, color, design, location and other such
information as may be deemed necessary or appropriate by the Code
Enforcement Officer.
(3)
The fee for the issuance of a sign permit shall be set by the Village
Board. Any changes to an existing sign shall be by permit application,
as prescribed above. These fees may be amended by the Village Board
from time to time.
(4)
A sign permit shall become null and void if the construction of the
sign for which the permit was issued has not begun within a period
of six months of the date of issue of the permit, or has not been
completed within one year after the date of issue of the permit.
D.
General requirements. Except as specifically set forth to the contrary,
the following applies to all signs which are installed or modified
after the effective date of this section:
(1)
No sign shall be located on a public right-of-way or public property.
(2)
All signs shall be located on the same site as the use they identify
or advertise except where a conditional use permit has been granted
for an off-site location.
(3)
No sign shall obstruct the view at the intersection of any street.
(4)
No sign shall be constructed or installed so as to be confused with
or mistaken for traffic management signs or signals.
(5)
Any sign that no longer advertises the use of the property or no
longer serves the purpose for which it was installed must be removed
within 14 days after written notification from the Code Enforcement
Officer.
E.
Signs authorized without a permit. Except as set forth herein to
the contrary, the following types of signs may be installed in the
Village without obtaining a permit. Although permits are not required
for these signs, the signs shall conform to the applicable height,
setback and size requirements detailed in this article:
(1)
Any official sign, public notice sign, or warning sign required by
federal, state or local law (example: NYS inspection station or authorized
repair shop identification).
(2)
Any sign within a building not visible from the street or adjacent
lots.
(3)
Any sign within an enclosed outdoor space, such as athletic field,
where the sign is not visible beyond the property lines.
(4)
Banners or pennants only if all of the following conditions are satisfied:
(a)
No more than one banner per establishment is displayed at one
time.
(b)
It is displayed for no more than 14 days in any ninety-day period.
(c)
It does not have a total face area in excess of 100 square feet
nor a height of more than four feet.
(d)
It does not extend above the first floor facade of the building
or project beyond property lines.
(e)
It is not illuminated.
(f)
It is not placed in such a manner as to impede pedestrian traffic.
(5)
Holiday decorations not displaying a commercial message.
(6)
One construction or home improvement sign per construction project,
not exceeding six square feet in area in residential districts or
12 square feet in all other districts, provided that such sign shall
be removed five days after the completion of construction. Such signs
shall be confined to the property on which the construction is taking
place.
(7)
Signs which provide direction and are located entirely on the property
to which they pertain, do not advertise an establishment and do not
exceed four square feet in area. Directional signs include signs identifying
public rest rooms, public telephones, walkways or signs providing
direction, such as parking lot entrance and exit signs, and those
of a similar nature. Such directional signs shall be allowed within
the street right-of-way and side and rear yards. Any sign proposed
to be located in the street right-of-way is subject to approval from
the municipality having jurisdiction of the roadway.
(8)
Drive-in facilities.
(a)
Establishments with drive-in facilities may have one sign not
exceeding 24 square feet for each drive-in lane. The sign shall be
located adjacent to the drive-in lane and shall be easily visible
to motorists using the lane. If the drive-in lane or facility is removed
or not operating for a period exceeding 30 days, the sign must be
removed.
(b)
Such signs shall only provide information which will assist
the motorist in using the facility. Such signs may include but shall
not be limited to menus, instructions and other signs of a similar
character.
(9)
Flags, emblems or insignia of any nation, political subdivision,
business or commercial enterprise. Business or commercial enterprise
flags shall be limited to one per lot and shall be included in the
calculation of permitted wall signage.
(10)
Gasoline service station price signs. Signs not exceeding three
square feet advertising the price of gasoline and indicating self-service
or full-service, when attached to a gasoline pump or pump service
island.
(11)
Government signs. Signs installed and maintained pursuant to
and in discharge of any government function. There are no size restrictions
for government signs.
(12)
Home occupation signs. One sign for each legally established
home occupation, not to exceed two square feet in area, indicating
the name, location or identification of a home occupation. The sign
shall be attached to the structure in which the home occupation is
housed.
(13)
House numbers and nameplates not exceeding two square feet in
area for each dwelling unit.
(14)
"No trespassing" and "no dumping" signs not to exceed four square
feet in area per sign. Such signs shall be permitted within the street
setback and side and rear yards.
(15)
Temporary signs.
(a)
Political and campaign signs on behalf of candidates for public
office or measures on election ballots, in all zoning districts, provided
that the signs are subject to the following regulations:
[1]
The signs shall not be put up earlier than 45 days prior to
an election. All signs shall be removed within 10 days following said
election.
[2]
The number of signs on any one parcel of land is not restricted,
but the total combined size of the signs on any parcel shall not exceed
32 square feet in area, no sign shall exceed five feet in height from
the surrounding grade and in Residential Zoning Districts, no individual
sign shall exceed 16 square feet in size.
[3]
Signs shall not be installed in such a manner as to constitute
a roof sign.
[4]
No signs shall be located within or over a public right-of-way.
(b)
One nonilluminated, one- or two-sided portable sign per parcel
not to exceed 16 square feet in size and five feet in height, in the
following situations:
[1]
New establishments awaiting the installation of a permanent
sign, not to exceed a period of 30 days.
[2]
An establishment which has lost the use of a permitted existing
sign by reason of fire or other catastrophe, not to exceed a period
of 30 days.
[3]
The portable sign is placed at least 10 feet from all property
lines.
(c)
One real estate sign on any lot or parcel, provided that such
sign is located entirely within the property to which the sign applies,
is not directly illuminated, does not exceed six square feet in area
per side and does not stand more than five feet in height. All such
signs shall be removed within seven days after the sale or lease of
the property.
(d)
Signs and notices advertising an open house, garage sale or
similar events that are placed no more than five days prior to the
event and which must be removed within three days of the conclusion
of the event. These signs must be placed on the property where the
open house, garage sale or similar event is being held.
(e)
Signs or notices advertising events or activities of churches
or other not-for-profit organizations may be placed no more than 30
days prior to the event and must be removed within three days of the
conclusion of the event. Maximum size is 18 inches by 24 inches.
F.
Permitted signs. The Table of Sign Standards, included as an attachment to this chapter, lists the requirements for different types of permitted signs that might be proposed for installation in the Village. The table addresses each type of sign by zoning category, listing whether each sign type is permitted in each zone, the number of signs permitted per site, and the information on sign size, setbacks, and lighting requirements subject to additional requirement and/or regulations set forth in this article.
G.
Prohibited signs. The following types of signs are prohibited:
(1)
Any sign for which a permit is required but not issued, or for which
a permit has been revoked.
(2)
Any sign that contains words or pictures of an obscene or pornographic
nature.
(3)
Any sign that emits audible sounds or discharges odor or visible
matter.
(4)
Any sign that may be confused with a traffic control sign, signal
or device or the light of an emergency or road equipment vehicle.
(5)
Signs that interfere with official traffic lights or traffic control
devices.
(7)
Any sign with unshielded lighting devices or reflectors placed to
outline or provide the background of a sign.
(8)
Automatic changeable copy signs, digital message boards, animated
signs, or signs utilizing full motion or video technology.
(9)
Signs with mirrors.
(10)
Permanent banner, pennant, windblown or inflated signs. These
may be permitted as a temporary sign to communicate the opening of
a new establishment for a total of 30 days.
(11)
Any sign placed on a curb, sidewalk, hydrant, utility pole,
tree or other object located on or over any street unless otherwise
permitted.
(12)
Any sign, banner or pennant mounted on or extending above the
roof of any building or structure.
(13)
Any sign painted directly on an exterior wall.
(14)
Freestanding signs supported by a single post, commonly referred
to as "pole signs."
H.
Specific provisions by zoning category (see Table of Sign Standards
for sign allowances).
(1)
Residential districts.
(a)
Signs advertising use for public, quasi-public, nonprofit, church,
schools, hospital or other similar uses, shall be located on the same
premises as the use being advertised.
(b)
One nonilluminated sign not exceeding 16 square feet in area
and five feet in height shall be permitted at each entrance of an
approved subdivision wherein the intended improvements and construction
has yet to be completed, for a period of up to three years. If a building
permit is not issued within the subdivision for any period of 12 months,
or upon completion of the subdivision, such sign must be removed immediately.
Such sign may be installed only after approval of the Village Board
of the final subdivision plat.
(2)
Nonresidential Districts.
(a)
On buildings having more than one street frontage, the maximum
allowable number and square footage of on-site signs, as provided
for in the Table of Sign Standards, are permitted for each building
frontage. Such maximum allowance, however, is not transferable either
in whole or in part from one building frontage to another. "Frontage"
refers to that portion of a lot which abuts a municipally owned or
leased parking area, a public street or a private street for which
the street alignments, widths, and design standards have been approved
by the Village.
(b)
Number of signs.
[1]
For buildings with multiple floors, the following number of
signs is permitted:
[a]
For each street-level establishment, a maximum
of one wall sign, and either one awning sign or one projecting sign,
shall be permitted for each facade of a structure facing a street.
Up to two window signs are allowed only in conjunction with a legally
permitted wall, awning or projecting sign. Maximum coverage of window
signs is detailed in the Table of Sign Standards.
[b]
For each upper floor establishment, a maximum of
one window sign, one street-level door sign, and either one awning
sign or one projecting sign shall be permitted for each facade of
a structure facing a street. Tenant signs are to be located within
the facade area of the tenant.
[c]
One freestanding sign is allowed per parcel as
permitted in the Table of Sign Standards.
[2]
For single-story buildings, the following number of signs are
permitted:
[a]
For each establishment, a maximum of one wall sign,
and either one awning sign or one projecting sign shall be permitted
on each facade of a structure facing a street in accordance with the
Table of Sign Standards. Up to two window signs are allowed only in
conjunction with a legally permitted wall, awning or projecting sign.
Maximum coverage of window signs is detailed in the Table of Sign
Standards.
[b]
One freestanding sign is allowed per parcel as
permitted in the Table of Sign Standards.
(c)
Sandwich board signs. All sandwich board signs must meet the
following conditions:
[1]
Signs cannot be more than three feet in height, three feet in
width and cannot exceed six square feet in area per side.
[2]
Signs shall not be illuminated.
[3]
Signs shall be displayed only during business hours.
[4]
Except as otherwise provided, said signs must be located on
the parcel on which the establishment is located.
[5]
Said signs shall be put up in such a place and in such a fashion
as to not impede pedestrian traffic or the maintenance of the right-of-way.
The Village shall retain the right to require relocation of any sign
if it determines that the sign was not put up in such a fashion or
that a different placement would provide less obstruction to pedestrian
traffic.
[6]
A conditional use permit and site plan approval from the Zoning
Board of Appeals must be granted prior to the issuance of a permit
by the Code Enforcement Officer in the following circumstances:
I.
Construction and design standards.
(1)
Design considerations.
(a)
Location.
[1]
All signs must comply with the dimension and setback requirements
contained in the Table of Sign Regulations.
[2]
No sign shall be put up, relocated, or maintained so as to prevent
ingress to or egress from any door, window, or fire escape, or impede
pedestrian or vehicular movement.
[3]
Any sign that covers or causes the removal of architectural
details (such as, but not limited to, arches, sills, moldings, cornices,
and transom windows), in such a fashion to potentially detract from
the aesthetic or architectural quality of the structure on which it
is to be installed, shall require a conditional use permit from the
Zoning Board of Appeals.
[4]
Signs projecting over walkways or sidewalks must have a minimum
clearance of nine feet between the bottom of the sign and the walkway
or sidewalk.
(b)
Sign area.
[1]
The area of a sign includes all lettering, wording, designs,
symbols and background area, but does not include supports, framework,
or bracing, if any, utilized for the mounting of the sign.
[2]
When a sign consists of individual letters or symbols attached
to or painted on a surface, the area will be considered to be the
size of the smallest rectangle that would encompass all letters/symbols.
[3]
When computing the area of a double-face sign, both sides are
considered to be a single sign.
(2)
Signs shall be constructed from weather-resistant and durable signage
materials and constructed and presented in a safe manner.
(3)
Flat signs are prohibited. At a minimum, the logo or the letters
used to convey the name of the establishment shall be raised, routed
into the sign face or designed to give the sign variety and depth.
Window, banner and sandwich board signs are exempt from this requirement.
(4)
Internally lit or channel signs must meet the following requirements:
(a)
Individual UL listing.
(b)
Raised or recessed letters.
(c)
Encasement in a frame (applies only to internally lit signs).
(d)
Channel letters with an internal light source reflecting off
the building face may also be used for "halo" or "silhouette" lighting
(applies only to channel signs).
(e)
Any internal illumination does not project lighting onto adjacent
properties or interfere with the public right-of-way.
(5)
Externally lit signs shall not project lighting onto adjacent properties
or interfere with the public right-of-way.
J.
Maintenance of signs. All signs and sign supports, framework and
bracing shall be properly maintained and shall be kept in good repair
at all times. The display surfaces shall be kept neatly painted and
cleaned at all times. The Code Enforcement Officer may order the removal
of any sign that is not maintained in accordance with the provisions
of this article.
K.
Enforcement; penalties for offenses.
(1)
Nonconforming signs shall be brought into compliance with this article
upon:
(a)
Any changes to such sign.
(b)
Removal of a nonconforming sign for a period in excess of 14 days or 14 days following an order of removal pursuant to Subsection J of this section, whichever is earlier.
(c)
Destruction or damage to said sign to the extent that the cost
of necessary repairs exceed 50% of replacement cost, determined as
of the time of the destruction or damage.
(d)
Creation of a hazard or disturbance to the health and welfare
of the general public as determined by the Code Enforcement Officer.
(2)
This chapter shall be administered and enforced by the Code Enforcement
Officer, or any other person designated by the Hilton Village Board
of Trustees.
(3)
Whenever the Code Enforcement Officer determines that a sign is in
violation of any provision of this chapter, the Officer shall serve
notice of such violation or alleged violation to the owner, occupant,
agent or operator of the parcel on which the violating sign is located,
such notice to be provided by regular mail to the last known address
of the person or entity upon which the same is to be served, as shown
by the most recent tax record. Such notice shall be in writing and
shall specify the alleged violation and shall provide a reasonable
time of not less than 14 days for compliance. Such notice may contain
an outline of remedial action that may be taken to effect compliance.
The Officer may extend the compliance time specified in any notice
issued under the provisions of this article where there is evidence
of intent to comply within the period specified, provided that reasonable
conditions exist which prevent timely compliance.
(4)
Whenever the Code Enforcement Officer has determined that a condition
exists which poses an immediate threat to life, health or safety,
the officer may, without prior notice, issue a notice citing the violation
and order that such action be taken as is necessary to remove or abate
the hazard or danger. Such notice may include an order to remove the
sign or portions of the sign that create such hazard or danger. Notwithstanding
any other provision of this chapter, such an order shall be effective
immediately upon personal service and/or posting on the premises and
shall be complied with immediately or as otherwise provided. Expenses
incurred in the execution of such order shall be recovered as provided
herein.
(5)
Whenever notice of a condition exists which poses an immediate threat
to life, health or safety, has been served as provided herein and
such owner, occupant, agent or operator shall neglect or fail to comply
with the requirements of such notice or notices within the time provided
therein, the Code Enforcement Officer may authorize the remediation
of the violation, the cost of which shall be paid out of general Village
funds. The Village shall be reimbursed for the cost of such remediation
by assessment and levy upon the lots, parcels of land, or premises
wherein such work was performed or such services rendered, and the
expense so assessed shall constitute a lien and charge on the real
property on which it is levied until paid or otherwise satisfied or
discharged and shall be collected in the same manner and at the same
time as other Village charges.
(6)
The Code Enforcement Officer shall have the authority, pursuant to
the New York State Criminal Procedure Law, to issue an appearance
ticket subscribed by the Officer directing the owner, occupant, agent
or operator, or designated representative, to appear in a designated
local criminal court at a designated future time in connection with
the alleged violation of this chapter or any order made thereunder.
(7)
The failure to comply with any provision of this article shall be
deemed a violation, and any person who fails to comply with any provision
of this article, or fails to comply with any notice, order or directive
of the Code Enforcement Officer after expiration of the time for compliance
established in accordance with this chapter shall, upon conviction,
be punished by a fine of not more than $250 or by imprisonment not
to exceed 15 days, or both, for such violation. In the event of any
failure to so comply, each and every day that such violation continues
shall constitute a separate offense, and the penalties prescribed
above shall be applicable to each such separate offense.
Fences, walls, hedges and screen plantings are permitted as
follows:
A.
In any front yard, provided that they do not exceed three feet in
height above the elevation of the surface of the ground at the point
of construction and shall be of ornamental stone or open construction
(not wire), such as ornamental iron, picket (iron or wood) or rail
or hedge.
B.
In any rear or side yard, provided that they do not exceed six feet
in height above the surface of the ground at that point.
C.
On a corner lot, no fence, wall hedge or screen planting over three
feet above road grade in height shall be constructed within the yards
required adjacent to the streets.
D.
Fences must be constructed at least three feet from Village sidewalks.
E.
Fences, walls, hedges or screen plantings may be required in multifamily,
commercial or industrial districts by the Zoning Board of Appeals
as are necessary to protect the residential quality of adjacent property
in any residential district.
[Amended 11-8-2011 by L.L. No. 6-2011]
F.
No fence shall be constructed of barbed wire or be electrified unless
said fence is on a farm, but in any place where a farm abuts a residence
or residences, barbed-wire fences are prohibited.
Vision clearance areas shall be provided with the following
distances establishing the size of the clear-vision area, measured
along lot lines:
A.
In any residential district, the minimum distance shall be 25 feet
or, at intersections including an alley, 10 feet.
B.
In all other districts, the minimum distance shall be 15 feet or,
at intersections including an alley, 10 feet. When the angle of intersection
between streets other than an alley is less than 30°, the distance
shall be 25 feet.
C.
The vision clearance area shall contain no plantings, fences, walls,
structures, or temporary or permanent obstructions exceeding three
feet in height measured from the top of the street pavement, except
that street trees exceeding this height may be located in this area,
provided that all branches and foliage are removed to a height of
eight feet above the grade.
A.
On premises used as gasoline-filling stations or for motor vehicle
service or supply stations, no portion of any building shall be closer
than 60 feet to the front property line or closer than 40 feet to
the rear property line, nor closer than 20 feet to the side property
line; and the minimum width of approach driveways shall be 50 feet,
such driveways to be separated or set off by curbs or masonry not
to exceed two feet in height. All signs, structures bearing lights
or lighting facilities shall be set back a minimum of 10 feet from
the front property line. Lot size for gas stations shall be at least
200 feet wide and 140 feet deep.
B.
No fuel pump, gasoline pump, or island in any gasoline or motor-fuel
filling station containing the same shall be constructed closer than
35 feet to any street line.
C.
Before granting a special permit or variance for a gasoline station
or motor vehicle service or supply station, the Board to which application
for such permit is made shall consider and determine that:
(1)
The proposed location is consistent with public necessity.
(2)
The proposed structures are located consistent with the regulations
of the district which they are to be located, and that the design
and type of proposed structure is in harmony with other structures
in such neighborhood.
(3)
The proposed use will not create a traffic hazard at the proposed
location, or a hazard from fire or explosion.
D.
All gasoline or motor vehicle supply stations hereafter erected or
maintained pursuant to a special permit or variance issued hereafter
shall comply with the following regulations:
(1)
Any pump or other device for distributing or conveying gasoline hereafter
installed, or constructed, in violation of this chapter, may be removed
by the Building Inspector.
(2)
When being sold or dispensed to the public, gasoline shall be pumped
only by individuals who are 16 years of age or older. When being pumped
by the holder of the permit, or his/her employee, said individual
must be competent to aid in an emergency. When being pumped by the
consumer, the holder of the permit or an employee who is 16 years
of age or older and competent to aid in an emergency must observe
the pumping of gasoline by the consumer.
[Amended 6-1-1992 by L.L. No. 3-1992]
[Added 10-3-1983 by L.L. No. 4-1983]
A.
A "satellite antenna," as used in this section of the Village Zoning
Law, is intended to mean and to include any parabolic dish or other
antenna or device which is to receive television, radio and/or microwave
or other electrical signals.
B.
No person(s) shall cause, suffer or permit, through the use of space
satellites, the erection of any parabolic dish or other antenna or
device which is to receive television, radio and/or microwave or other
electric signals, except as set forth herein.
C.
Provisions applicable to all districts.
(1)
The maximum number allowed per lot shall be one, and the antenna
shall be located on the same site it services.
(2)
Any such antenna shall be confined to the rear yard of any lot and
shall be erected at ground level, unless otherwise granted.
(3)
No antenna shall be constructed, erected or maintained except as an accessory structure on an existing improved residential lot or parcel of land containing one or more family units. No more than one antenna shall be erected on any such lot or parcel of land except in the granting of a variance pursuant to Article IX of this chapter, except in the case of lots containing five or more dwelling units, and then no more than three antennas shall be erected. A "lot" or "parcel of land" is defined as a parcel of land described in a recorded deed of a size and dimensions to comply with the requirements of this chapter and of Subsection C(4) below.
[Amended 3-16-1987 by L.L. No. 3-1987]
(4)
Lots must be of sufficient size to allow for side line setback requirements
and setback from existing structures equal to the height of the antenna
measured from the base, plus six feet. The minimum side yard or rear
yard setback shall be eight feet. No antenna shall exceed 12 feet
in height, width or depth. "Height" is intended to mean the distance
from the ground to the top of the antenna.
(5)
All antennas shall be suitably protected by screening, fencing and
anticlimb protection.
(6)
No antenna installation shall be permitted except by building permit
after being reviewed and approved by the Zoning Board of Appeals.
Annual permit fees shall be as set by the Village Board, from time
to time, by majority vote thereof.
[Amended 3-16-1987 by L.L. No. 3-1987; 11-8-2011 by L.L. No.
6-2011]
(7)
Application for the permit must include construction drawings showing
proposed method of installation, structural engineering analysis and
site plan depicting structures and plantings on the property and all
adjacent properties.
(8)
The Zoning Board of Appeals of the Village of Hilton is empowered
to designate the approximate location of the antenna to be installed
and require protective measures as it deems necessary to reduce or
eliminate aesthetic damage and provide safety to the community. In
no event shall antennas be erected elsewhere than in the rear yard
of any lot or parcel.
[Amended 3-16-1987 by L.L. No. 3-1987; 11-8-2011 by L.L. No.
6-2011]
(9)
The applicant may be required to present documentation of possession
of any required license or licenses by any federal, state or local
governing authority or agency.
(10)
Where the antenna is to be installed by the tenant, the consent
of the property owners shall be filed.
[Added 10-3-1983 by L.L. No. 4-1983; amended 7-6-1992 by L.L. No.
4-1992]
A.
The term "tower," as used in this section of the Village Zoning Law,
is intended to mean and include any fixed tower, edifice, pole or
other structure, whether attached to a building, freestanding/self-supporting
or guyed, designed to be used for supporting transmission and/or reception
of radio frequency signals, but not limited to broadcast, shortwave,
citizens band, television signals, wind speed and/or direction indicators
and personal observation.
B.
Provisions applicable to all districts.
(1)
No tower shall exceed the height of 50 feet as measured from the
ground surface with the following exceptions:
(a)
Towers constructed of wood may not exceed 20 feet in height.
(b)
Amateur communications and radio towers may have a maximum height
of 60 feet in height, provided that all other provisions of this chapter
are met. "Amateur communications," as used in this section of the
Village Zoning Law, is intended to mean those antennas used for recreation
or noncommercial purpose.
(2)
The tower shall be located on the same site/lot as it services and
shall be limited to one per lot.
(3)
Any such tower shall be confined to the rear yard of any lot and
shall be anchored at ground level.
(4)
No tower can be constructed, erected or maintained except as an accessory
structure to a building or one-family dwelling on the same lot. Guy
wires (supporting tower) cannot be fastened to any adjoining property.
(5)
Lots must be of sufficient size to allow for side line setback requirements
and setback from existing structures equal to the height of the tower
measured from the base at ground level, plus the height of any device
placed on top of the tower. Setback requirements are six feet, with
minimum side yard or rear yard setback being eight feet from any guyed
wire.
(6)
All towers shall be suitably protected by screening, fencing and
anticlimb protection.
(7)
No tower installation shall be permitted except by building permit
after being reviewed and approved by the Zoning Board of Appeals.
[Amended 11-8-2011 by L.L. No. 6-2011]
(8)
Application for the permit must include construction drawings, showing
proposed method of installation, structural engineering analysis,
site plan depicting structures and plantings on the property and all
adjacent properties, manufacturers specifications, engineering data
and stress analysis, and other pertinent information may also be required
for the tower, its support, guys and braces as the Zoning Board of
Appeals deems necessary to meet safety measures.
[Amended 11-8-2011 by L.L. No. 6-2011]
(9)
The Zoning Board of Appeals of the Village of Hilton is empowered
to designate the approximate location of the tower to be installed
and require protective measures as it deems necessary to reduce or
eliminate aesthetic damage and provide safety to the community.
[Amended 11-8-2011 by L.L. No. 6-2011]
(10)
The applicant shall present documentation of possession of any
required license or licenses by any federal, state or local governing
authority or agency.
(11)
Where the tower is to be installed by a tenant, the consent
of the property owner shall be filed.
