In any district, the following standards for activities shall
apply:
A. No offensive or objectionable vibration, odor or glare shall be noticeable
at or beyond the property line.
B. No activity shall create a physical hazard, by reason of fire, explosion,
radiation or other such cause, to persons or property in the same
or an adjacent district.
C. There shall be no discharge of any liquid or solid waste into any
stream or body of water or any public or private disposal system or
into the ground of materials of any nature that may contaminate any
water supply, including groundwater supply.
D. There shall be no storage of any material, either indoors or outdoors,
in such a manner that it facilitates the breeding of vermin or endangers
health in any way.
E. There shall be no emission of smoke, fly ash or dust which can cause
damage to the health of persons, animals or plant life or to other
forms of property.
In any district, nothing in this chapter shall prevent an individual
from conducting his business, trade or profession in his principal
residence, provided that no more than two persons be employed in addition
to the entrepreneur; that no other person shall be permitted to share,
let or sublet space for such business or professional use; that there
be no external evidence of such use except for one sign not exceeding
two square feet in area; and that there shall not be any exterior
storage of materials or equipment.
[Amended 12-20-2016 by L.L. No. 3-2017]
A. Purpose. This section is adopted to promote and protect the public
good order, peace, health, safety and general welfare of the inhabitants
of the Town and the community and to protect and to secure their property;
to protect and preserve the public roads and highways and other property
of the Town; and to preserve the natural contours of land within the
Town.
B. Word usage; definitions.
(1) Word usage.
(a)
Except where specifically defined herein, all words used in
this chapter shall carry their customary meanings.
(b)
Words used in the present tense shall include the future.
(c)
Words used in the singular, unless the context clearly indicates
the contrary.
(d)
The word "shall" is always mandatory.
(e)
The word "may" is permissive.
(f)
"Building" or "structure" includes any part thereof.
(g)
The word "lot" is a portion of a "parcel."
(h)
The word "person" includes an individual person, a firm, a corporation,
a limited liability company, a partnership and any other agency of
voluntary action.
(i)
The phrase "used for" includes the phrases "arranged for," "designed
for," "intended for," "maintained for" and "occupied for."
(2) The following words and terms are specifically defined as follows:
CUT AND FILL
An operation in which the material excavated and removed
from one location is used as fill material at another location.
EXCAVATION
The removal, addition of fill of earth, topsoil, subsoil
or bedrock, and/or any activity which results in a change to the existing
grade of any lot or parcel.
EXTRACTIVE OPERATION
The activity of taking or extracting stone, gravel, clay,
sod, topsoil or similar natural resource material which will be sold
or used in conjunction with a business.
FARM
For purposes of this chapter, a farm shall be a commercial
agricultural operation that is subject to filing a federal Schedule
F profit and loss statement.
FARMING
The commercial cultivation of the soil for the growing of
plants, flowers or other commercial vegetative products.
FILL
The use of soil or other material used to raise the grade
of a site area.
FOUNDATION
That part of the structure of a building forming a retaining
wall for the portion of the building that is below grade.
GRADE CHANGE
An alteration of the existing grade of any lot or parcel
that results in a change in elevation of the lot or parcel.
GRADE, EXISTING
The elevation of the top surface of the undisturbed of a
lot or portion thereof prior to any excavation.
GRADE, FINISHED
The elevation of the top surface of a lot or a portion thereof
after excavation is completed.
GRADING
Moving or relocating material on any lot or parcel.
GRAVEL PIT/QUARRY
A surface excavation for extracting stone, rock, gravel,
sand and similar materials.
LANDSCAPING
Landscaping shall mean affecting the grade or a portion of
a lot for nonstructural decorative purposes.
LOT
A portion of a parcel of land situate within a parcel with
its boundaries defined by an approved subdivision, municipal district
or public road or other division.
MATERIAL
Stone, gravel, clay, sod, topsoil or similar natural material.
PARCEL
A tract of land with its boundaries defined within the property
deed. A "tract" can contain more than one "lot."
POND
A water impoundment created by constructing a dam or embankment
or by excavation, or a stormwater retention basin.
RETAINING WALL
Any wall that is higher than three feet above the existing
grade that is cut into an embankment or that is to be back filled
and uses timbers, stones, blocks or similar containment materials.
C. Permit required.
(1) Except as provided in Subsection
G of this section, no stone, sand, gravel, topsoil, earth of any kind or other natural materials shall be moved, removed, excavated or deposited in any way from or onto any land in the Town unless a permit shall first have been obtained as hereinafter provided.
(2) Any proposed grade change that would result in additional water flow
onto or from any adjoining property or onto or from a public right-of-way,
or alters the course of a stream, shall require an excavation permit
prior to excavation and is subject to review by the Town of Urbana
Planning Board.
(3) Any change in grade that alters the grade of a lot or parcel by a
height or depth of two feet and encompasses an area greater than 15%
of the lot.
D. Review requirements.
(1) All grade changes shall be performed within the established setbacks for the zoning district in which they take place as set forth in §
105-14, Area and bulk regulations. Any grade change encroaching upon any lot line setback shall require a variance and site plan review.
(2) Commercial and private extractive operations, including but not limited
to gravel pits and soil mining, shall require a special use permit
and shall be subject to a site plan review by the Planning Board,
which shall culminate in a public hearing.
(3) Any change in grade that involves depositing, removing or relocating
of material in excess of 500 cubic yards on any lot or parcel. Proposed
projects that exceed this threshold shall be subject to a review by
the Planning Board, which shall culminate in a public hearing.
E. Application for permit; accompanying data.
(1) Before such a permit shall be issued, a written application therefor
shall be filed with the Town Clerk by the owner of the land upon which
the proposed moving, removing excavating or depositing is to take
place. Such application shall be in duplicate, shall be signed and
verified by the applicant and shall contain the following information:
(a)
The full name of the owner of the subject property and his/her
address.
(b)
A statement of ownership of all other property in the Town owned
in the same name, identifying each such parcel by section, block and
lot numbers as shown on the Steuben County Land and Tax Map.
(c)
A complete description of the proposed work, including a statement
of the nature and three-dimensional extent of the excavation and/or
filling proposed.
(d)
A statement whether topsoil only is to be excavated or filled
or subsoil only is to be excavated or filled, or both subsoil and
topsoil are to be excavated or filled.
(e)
A statement of the total cubic yards of material proposed to
be moved, excavated or deposited.
(f)
A complete statement of the proposed disposition of all material
to be moved, removed or excavated and the proposed source of all material
to be deposited.
(g)
Such other information and data as the Zoning Officer may require.
(2) A certificate of the Town Highway Superintendent of the Town of Urbana
or his duly authorized deputy that such proposed excavating and/or
filling and the proposed finished grades of the subject property will
not endanger any county or Town road, street or highway or any other
public property.
F. Standards for grant of permit.
(1) The Zoning Officer may grant an excavation permit only if it is found
affirmatively upon substantial evidence that the proposed moving,
removing, excavating or depositing of material:
(a)
Constitutes the minimum disturbance to the natural contours,
trees, and ground cover of the property as shall be reasonably necessary
to accomplish the proposed improvement of the property.
(b)
Is consistent with the good order, peace, health, safety, and
general welfare of the inhabitants of the Town and of the community.
(c)
Is necessary for the reasonable use and development of the subject
property.
(d)
Is consistent with all other ordinances and laws of the Town.
(2) The Zoning Officer shall state in such permit, if granted, such restrictions
and conditions as may be deemed necessary, reasonable or desirable
to protect and preserve the property of the Town and its inhabitants.
G. Exemptions. A permit is not required for:
(1) Landscaping or raised bed gardening providing that the raised area
does not exceed three feet in height and encompasses an area not to
exceed 50 square feet. The raised area shall not change or encroach
upon any lot line setback.
(2) Excavation performed for the placement of a foundation of a structure
that has received a Town of Urbana Building Permit.
(3) Gravel or material placed in a drive or walkway that does not alter
the height of the existing grade at any point by a height exceed four
inches.
(4) The placement of topsoil or sod that does not alter the height of
the existing grade at any point by a height exceeding six inches.
(5) Ponds in an agricultural district.
(6) Commercial and private extractive operations in operation prior to
the effective date of this chapter.
(7) Grading not resulting in a grade change.
H. General requirements.
(1) For any grade changes that are undertaken within any state, county
or Town municipal right-of-way, it shall be the responsibility of
the property owner to obtain any required permits and/or approvals
from the corresponding authority.
(2) For any grade changes that are undertaken within the Town of Urbana,
it shall be the responsibility of the property owner to obtain any
required permits and/or approvals from the corresponding authority.
(3) All grade changes in the Town of Urbana are subject to the provisions
of the Town's critical slope requirements.
(4) All grade changes in the Town of Urbana are subject to all applicable
provisions of FEMA floodplain requirements.
I. General conditions.
(1) Any proposed excavation adversely affecting natural drainage or structural
safety or adjoining buildings or lands shall be prohibited.
(2) Excavations shall not create any noxious or injurious substance or
conditions of cause a public hazard.
(3) In any district, excavation relating to the construction on the same
lot of a building or structure for which a building permit has been
issued shall be permitted.
(4) In the event that construction of a building or structure is stopped
prior to completion and the building permit is allowed to expire,
the premises shall promptly be cleared of any rubbish or building
materials, and any excavation with a depth greater than two feet below
existing grade shall be filled in and topsoil replaced or all such
excavations shall be entirely surrounded by a substantial fence at
least six feet high that will effectively block access to the area
in which the excavation is located.
J. Penalties for offenses. A violation of any of the provisions of this
chapter shall not constitute a crime, but rather a violation. Any
person, upon conviction of a violation of this chapter, shall be fined
an amount not to exceed $100 for the first offense and an amount not
to exceed $200 for the second or any subsequent offense reoccurring
within a consecutive twelve-month period. Additionally, such person
shall be subject to imprisonment for a term not to exceed 15 days
for each offense or both such fine and imprisonment. The Court may
issue a warrant for a person's arrest in the same manner as in a misdemeanor
case. The continuation of any offense against the provisions of this
chapter shall constitute, for each day the offense is continued, a
separate and distinct offense hereunder.
K. Emergencies.
(1) Whenever the Zoning Officer finds that an emergency exists which
requires immediate attention to protect the public health or safety,
the officer may, without notice or hearing, issue an order reciting
the existence of such emergency and requiring that such action be
taken as the officer deems necessary to meet the emergency. Notwithstanding
any other provisions of this chapter, such order shall take effect
immediately.
(2) Any person to whom such order is directed shall immediately, or shall,
within 24 hours of the issuance or the order, comply therewith.
L. Permit fee. The Town Clerk shall charge and collect for an application
for a permit under this section a filing fee of $55 or such other
fee as fixed by the Board by resolution from time to time.
M. Repealer. All ordinances, local laws or resolutions or parts of ordinances,
local laws or resolutions of the Town of Urbana which are inconsistent
with the provisions of this section are hereby repealed; provided,
however, that such repeal shall be only to the extent of such inconsistency
and that, in all respects, this section shall be in addition to the
other legislation regulating and governing the subject matter covered
by this section and the provision which establishes the highest standard
shall prevail. More specifically, Chapter 52 of the Code of the Town,
which Chapter was adopted by the Town Board of the Town of Urbana
November 14, 1983 and as thereafter amended, is hereby repealed in
its entirety.
N. Severability. If any section, paragraph, subsection or provision
of this chapter shall be adjudged invalid or held unconstitutional,
the same shall not affect the validity of this chapter as a whole,
or any part or provision thereof, other than the part so decided to
be invalid or unconstitutional.
After the planned right-of-way line for future streets, for
future extensions of existing streets and for future street widening
is established on the Official Map, if any, buildings and structures
shall be set back from such line as though it were a street line.
A. An accessory building not attached to a principal building shall
be located no closer to the principal building than 12 feet or a distance
equal to the height of such accessory building, whichever is greater.
B. In a residential district, accessory uses not enclosed in a building,
including swimming pools and tennis courts, shall be erected only
on the same lot as the dwelling, may not be constructed in the side
or front yard of such lot and shall be distant not less than 20 feet
from any lot line nor less than 10 feet from the dwelling and shall
not adversely affect the character of adjacent residential areas by
reason of noise, glare or hazard.
For the purpose of maintaining sight distance in order to minimize
traffic hazards at street intersections, on any corner lot no obstructions
higher than 2 1/2 feet above the adjacent top-of-curb elevation
shall be permitted to be planted, placed, erected or maintained within
the triangular area formed by the intersecting pavement lines or their
projections (where corners are rounded) and a straight line joining
the pavement lines at points feet distant from their point of intersection.
A. In any residence district, walls and fences up to four feet in height
shall be permitted anywhere on a lot, except where corner sight clearances
are required for traffic safety.
B. In any business, industry or agricultural district, there shall be
no restriction on fences or walls except on a residence district boundary
line where such fences or walls shall be limited to eight feet in
height and except where corner sight clearances are required.
[Amended 3-19-2019 by L.L. No. 1-2019]
C. All fences must have the good side out.
In all districts, off-street automobile parking spaces for the
various permitted uses shall be required at the time any of the main
buildings or structures of such uses are constructed or altered, as
follows:
A. The minimum cumulative number of spaces shall be determined by the
amount of dwelling units, bedrooms, floor area, members, equipment,
employees and/or seats contained in such new buildings or structures
or added by alteration of buildings or structures, and such minimum
number of spaces shall be maintained by the owners of such buildings
or structures, as follows:
(1) Business uses.
(a)
Requirements.
[1]
For retail business or service, bank or post office: one space
for each 200 square feet of customer floor area.
[2]
For office uses, including professional, personal service, public
utility or governmental: one space for each 300 square feet of gross
office floor area.
[3]
For restaurant, bar or nightclub: one space for each 50 square
feet of customer floor area.
[4]
For funeral home: one space for each five seats of auditorium
capacity.
[5]
For hotel, motel and vacation resort: one space for each bedroom,
plus one space for each four employees.
[6]
For any commercial use: one space for each company vehicle.
(b)
Spaces in municipal parking lots, where available, may be credited
toward the parking requirements for such nonresidential uses, provided
that:
[1]
These spaces are within 400 feet of the uses to be served;
[2]
The parking needs of existing facilities within four 400 feet
and computed on the same basis as for new facilities are satisfied
first and only excess capacity is used for this purpose.
[3]
A special permit for such use is obtained from the Planning
Board.
(2) Industrial uses.
(a)
One space for each 400 square feet of floor area devoted to
manufacture, including printing, publishing and laundry or dry-cleaning
plants.
(b)
One space for each 2,000 square feet of floor area devoted to
storage or stationary operating equipment.
(c)
One space for each 3,000 square feet of area devoted to outside
storage, including used car lots and equipment rental or sales yards.
(d)
For any industrial use: one space for each company vehicle.
(3) Public and semipublic uses.
(a)
For places of public assembly, including churches: one space
for each six seats of auditorium or stadium capacity.
(b)
For elementary school or nursery: two spaces for each classroom.
(c)
For high school or college: five spaces for each classroom.
(d)
For museum, art gallery or philanthropic institution or use:
one space for each 800 square feet of gross floor area.
(e)
For hospital, sanitarium or nursing or convalescent home: one
space for each two beds.
(4) Recreational uses.
(a)
For membership club: one space for each 200 square feet of gross
floor area.
(b)
For dance hall: one space for each 50 square feet of dance floor
area.
(c)
For golf course or driving range, bowling alley or billiard
hall: four spaces for each tee, alley or table, respectively.
(d)
For skating rink: one parking space for each 250 square feet
of area available for skating.
(5) Residential uses.
(a)
For dwellings: one space for each dwelling unit to be provided
on the lot.
(b)
For dentist or doctor: two spaces, plus one for each employee.
(c)
For home occupation: one space for each employee.
(d)
For boardinghouse: one space for each bedroom.
(6) Required off-street parking for uses not listed herein shall be as
specified by the Planning Board.
B. Calculation of automobile parking spaces. In the case of a combination
of uses, the total requirements for off-street automobile parking
spaces shall be the sum of the requirements for the various uses,
unless it can be proven that staggered hours of use would permit modification.
Whenever a major fraction of a space is required, a full space shall
be provided.
C. Dimensions for automobile parking spaces.
(1) Every such space provided shall have dimensions no less than the
following, as appropriate, for the particular layout used:
(a)
Ninety-degree angle parking: nine feet by 19 feet.
(b)
Sixty-degree angle parking: 10 feet by 19 feet.
(c)
Forty-five-degree angle parking: 12 feet by 19 feet.
(d)
Parallel parking: nine feet by 23 feet.
(2) Driving lanes shall be at least 12 feet in width if one-way and 20
feet in width if two-way.
D. Location of automobile parking spaces.
(1) In any residential district, required automobile parking spaces shall
be provided on the same lot.
(2) In any business or industrial district, required automobile parking
spaces shall be provided on the same lot or not more than 400 feet
therefrom.
(3) No open or enclosed parking area shall encroach on a required side
or rear yard to within three feet of a property line.
(4) No entrance and exit drives connecting an off-street parking area
with a street shall be permitted within 25 feet of the intersection
of two public rights-of-way.
E. Commercial parking lots shall comply with the provisions of Subsection
D above and §
105-32C.
In all districts, truck loading spaces for the various permitted
uses shall be required at the time any of the main buildings or structures
of such use is constructed or altered, as follows.
A. Off-street truck loading spaces shall be provided as follows:
(1) For permitted general uses: one space for 10,000 square feet to 25,000
square feet of floor area and one additional space for each additional
25,000 square feet of floor area, unless it can be proven that truck
deliveries shall not exceed one vehicle per day.
(2) For funeral homes: one space for each chapel.
(3) For other permitted business uses: one space for 10,000 square feet
to 25,000 square feet of floor area and one additional for each additional
25,000 square feet of floor area.
(4) For permitted light industrial uses: one space for the first 10,000
square feet of floor area and one additional space for each additional
40,000 square feet of floor area.
B. Dimensions for off-street truck loading spaces. Each required truck
loading space (open or enclosed) shall have the following minimum
dimensions: 35 feet long, 12 feet wide and 14 feet high, except that
for funeral homes, spaces may be 20 feet long, 10 feet wide and eight
feet high.
C. Location of off-street truck loading spaces. All off-street truck
loading spaces shall be located on the same lot as the use for which
they are permitted or required. Open off-street truck loading spaces
shall not encroach on any required front or side yard, accessway or
automobile parking area, except that in business districts, the off-street
automobile parking area may be used for truck loading, provided that
such spaces shall not be so used for more than three hours during
the daily period that the establishment is open for business.
D. Review by Planning Board. The proposed location, number, size and
design of off-street truck loading areas for nonresidential uses and
the accessways thereto shall be subject to review by the Planning
Board. Prior Planning Board approval thereof is required before the
issuance of a zoning permit, building permit or certificate of occupancy.
A. Construction of off-street parking and truck loading areas. Such
areas shall be suitably paved. The individual spaces shall be visibly
marked with a paint or other durable material where appropriate.
B. Landscaping and visual screening.
(1) All truck loading areas, automobile parking areas of three or more
spaces that abut a residential lot line and any parking lot of more
than 20 cars shall be screened by a six-foot-high solid masonry wall
or compact evergreen hedge or a landscaped strip of trees and shrubs
so designed as to form a visual screen from the adjoining property.
(2) Any parking lot for 10 or more cars shall include a provision for
shade trees to be planted in perimeter or island planting areas. Such
trees shall be of appropriate deciduous species that, at maturity,
can be expected to shade a circular area not less than 15 feet in
radius and shall be located so that at least 20% of the parking lot
will be shaded.
(3) All parking areas and landscaping shall be properly maintained thereafter
in a sightly and well-kept condition.
A. Standards. The following standards are hereby adopted and must be
complied with for and by any use in any industrial district and before
the same is permitted, established, maintained or conducted:
(1) Outdoor storage. Materials, supplies or semi-finished products shall
be stored, if not within a building, on the rear 1/2 of the property
and shall be screened from any residential or business district or
existing or proposed street.
(2) Loading space. No truck loading space shall be on any street frontage.
Provisions for handling all freight shall be on those sides of any
building which do not face on any street or proposed streets.
(3) Landscaping. All areas of the plot not occupied by buildings, parking,
driveways or walkways or storage shall be landscaped attractively
with lawn, trees, shrubs or other plant material. Such landscaping
shall take into consideration the natural growth presently on the
premises and the nature and condition of the terrain as well as the
situation of the lands and premises themselves and with regard to
adjoining lands and premises. Along the property line adjacent to
any residential district there shall be maintained a buffer strip,
suitably landscaped, at least 100 feet wide within the Industrial
District.
(4) Fences and walls. Along property lines adjacent to a residential
or business district there shall be a wall, fence, compact evergreen
hedge or a landscaped strip of trees and shrubs so designed as to
form a visual screen not less than six feet high at the time of planting.
Except for landscaped areas and parking areas, a use which is not
conducted within a completely enclosed building shall be screened
by a six-foot solid masonry wall, a chain-link fence covered with
an evergreen vine or a compact evergreen hedge. Such wall, fence or
hedge shall be located no closer to any street than the depth of the
required yard.
B. Water supply/waste disposal. Proper and adequate means for water
supply, sewerage and solid waste disposal must be provided in accordance
with regulations of the New York State Departments of Health and Environmental
Conservation.
C. Traffic. Special consideration must be given to the traffic generated
by each proposed use in an industrial district and no undue traffic
volumes shall be permitted on residential streets. No access drive
for any industrial district shall intersect a street within 300 feet
of and on the same side of the street as a school, public library,
theater, church or other public gathering place, park, playground
or fire station unless a street 50 feet or more wide intersects the
street between such access drive and such building or use.
In any district where permitted, a gasoline filling station
shall be subject to the following regulations:
A. No filling station access drive shall be within 200 feet of and on
the same side of the street as a school, public library, theater,
church or other public gathering place, park, playground or fire station
unless a street 50 feet or more wide lies between such service station
and such building or use.
B. No fuel pump shall be located closer than 25 feet from any side lot
line nor closer than 50 feet from any street line, measured from the
outside edge of the fuel island. The area for use by motor vehicles,
except access drives thereto, as well as any structures shall not
encroach on any required yard area.
C. All repair work and storage shall be within a completely enclosed
building. Such repair work shall not include any body repair work
or spray painting.
No sign or other device for advertising purposes shall be erected
or placed without first applying for and subsequently receiving a
permit from the Zoning Enforcement Officer. This permit shall be renewable
every two years.
A. Signs in residential districts.
(1) Permitted nonresidential uses and legal nonconforming nonresidential
uses may display signs pertaining to the use of property on which
such sign is situated. Such sign shall have an aggregate total face
area of not more than 30 square feet and project no more than 24 inches
beyond the principal building to which it is attached; except that
where such nonresidential uses are set back from property lines, one
sign pertaining thereto may be erected in the ground, provided that
such ground signs, if parallel to the lot frontage, shall not exceed
15 square feet in total face area, shall not exceed five feet in height
and shall be no nearer than 10 feet to any property line. If such
freestanding signs face substantially at right angles to the lot frontage
or display in more than one direction, they shall have a face area
of not more than eight square feet per side with no more than two
sides and shall not exceed five feet in height and shall be no nearer
than 10 feet to any property line.
(2) Multifamily dwellings may display a nonilluminated sign identifying
the premises, having an aggregate total face of not more than 12 square
feet and not projecting beyond the principal building on the lot more
than 24 inches.
(3) Any dwelling unit townhouse structure may display one nameplate or
professional sign not exceeding two square feet in area.
(4) Any boardinghouse may display one sign not exceeding five square
feet in area and not projecting more than 24 inches from the principal
building on the lot.
B. Signs in business and industrial districts. Two signs, each having
a total face area of not more than 100 square feet on each side in
a business district or 400 square feet on each side in an industrial
district may be displayed for each establishment, provided that such
signs shall be located not less than 10 feet from any property line
and not less than 40 feet from the center of the road and, provided
further, that such signs shall not extend more than 20 feet above
ground level nor more than five feet above the height of the roof
of a building at the point of the sign's location, whichever is less
restrictive.
C. Representational signs. Representational signs in any district shall
not project more than five feet beyond the principal structure to
which they are attached and shall not have a face area of more than
15 square feet. Only one such sign per establishment shall be permitted.
D. Billboards. Billboard signs shall be restricted to those related
to or associated with businesses which are situate within the Town
of Urbana, Steuben County, New York. In no event shall such signs
exceed 450 square feet. All presently existing billboard signs will
be permitted to continue.
E. Community poles. Community poles shall have signs measuring three
feet by four feet and shall first be approved by the Zoning Enforcement
Officer. The location of such poles shall be approved by the Town
Board.
F. Projecting signs. Signs projecting into a public right-of-way shall
have a clearance of not less than 10 feet above the sidewalk or surrounding
ground and not less than 15 feet above any public driveway or thoroughfare.
No sign may project into any public right-of-way without written approval
from the Town Board, said approval being revocable on 90 days' written
notice from the Town Board.
G. Subdivision signs. Any person offering lots for sale in a subdivision
may erect nonilluminated, directional signs within the limits of the
subdivision or adjoining property in the same ownership, having a
total face area of not more than 50 square feet on each side. The
permit for such signs shall be issued for a period of one year and
may be renewed for successive periods of one year each following a
determination by the Zoning Enforcement Officer that the signs have
been repainted or are in good condition in each case.
H. Signs not requiring a permit.
(1) Real estate signs which advertise the sale, rental or lease of the
premises upon which said signs are located, having an aggregate total
face area of not more than six square feet within any residential
district and business district nor more than 20 square feet within
any industrial or agricultural district, shall be permitted.
(2) One sign denoting the architect, engineer and/or contractor, when
placed upon work under construction and not exceeding 24 square feet
in area, shall be permitted.
(3) Memorial signs or tables, names of buildings, and dates of erection,
when cut into any masonry surface or when constructed of bronze, stainless
steel or similar material, shall be permitted.
(4) Traffic or other municipal signs, legal notices and such temporary,
emergency or nonadvertising signs as may be authorized by the Town
Board shall be permitted.
I. Illuminated signs.
(1) In every district, directly illuminated signs require a permit.
(2) Illumination of signs shall not be of intermittent or varying intensity
or produce direct glare beyond the limits of the side property line.
(3) Colored lights of such shape and hue that they may be confused with
traffic lights and signals shall be prohibited.
(4) All bare light sources and immediately adjacent reflecting surfaces
shall be shielded from view.
J. Banners. Banners and similar devices are prohibited, except nonpermanent
ones displayed for the occasion of special events which shall be displayed
no longer than for a three-week period and shall not be repeated more
than twice in a twelve-month period.
K. Posters. Temporary, nonpermanent posters covering such things as
sporting events, shows and similar-type events shall not be displayed
more than four weeks prior to the event. All such posters, as well
as political posters (which may be displayed for any reasonable time
period before the occurrence of their subject matter), shall be removed
not later than two weeks thereafter.
L. Removal of certain signs. Any sign now or hereafter existing which
no longer advertises a bona fide business being conducted or a product
which is available for purchase by the public on the premises or which
is in a state of disrepair shall be taken down and removed by the
owner, agent or person having the beneficial use of the land, building
or structure upon which such sign is situate within 10 days after
receipt of written notification from the Zoning Enforcement Officer.
Upon the failure by such person to comply with such written notice
within the specified time period, the Zoning Enforcement Officer is
hereby authorized to cause the removal of such sign, and any expenses
incident thereto shall be paid by the owner of the building or structure
to which such sign is attached or of the land on which such sign is
located.
All mobile homes in the Town of Urbana shall conform to the
following, in addition to all other regulations of the Town:
A. Code requirements. All mobile home units installed shall meet the
requirements of the New York State Uniform Fire Prevention and Building
Code.
B. Permissible locations.
(1) No mobile home shall be located within 300 feet of New York State
Route 54 or New York State Route 54-A nor within the following districts:
(a)
Highway Business (B Districts).
(b)
Industrial (I Districts).
(c)
Residential (R Districts).
(2) Any existing mobile homes in the districts listed in Subsection
B(1) may be replaced by another of equal or greater value than the existing unit, must be 14 wide or wider and shall have a ridged roof with a minimum pitch of three feet by 12 feet.
(3) Mobile homes are allowed in agricultural districts and may, under
the following provisions, be placed or replaced. This provision shall
not apply to mobile home parks existing as of June 1, 1988.
(a)
The new unit must be 14 feet wide or wider and of equal or greater
value than the existing unit.
(b)
The roof on the new unit must be a ridged roof with a minimum
pitch of three feet by 12 feet.
(4) Mobile homes can be temporarily put on a qualified building lot with
a special six-month permit during construction of a permissible building
or home.
(a)
Notwithstanding anything herein to the contrary, at the end
of the six-month permit, the foundation and first floor deck of the
building must be complete. If it is not, such permit shall become
void.
(b)
A new six-month permit may be issued to complete the building.
In any district where permitted, no burial or memorial plots
or buildings shall be located less than 50 feet from a highway right-of-way
nor less than 50 feet from any residential lot line, except that when
there is maintained a dense evergreen hedge or a wall or landscaped
strip, at least six feet in height, affording complete visual screening
from all adjacent residential property, burial or memorial buildings
of less than six feet in height may be located no closer than 20 feet
from any residential lot line.
No person shall undertake to construct any building in the Town
of Urbana without first meeting the requirements for a system or facilities
for the separate disposal of waterborne sewage and domestic or trade
wastes in accordance with applicable regulations of the Town, the
New York State Department of Health or other governmental authorities.
A. The areas of the municipality which are subject to periodic inundation,
as delineated on the Zoning Map, are designated as Floodplain Districts
for the purposes of protecting human life, preventing material losses
and reducing the cost to the public of rescue and relief efforts occasioned
by the unwise occupancy of areas subject to floods. The boundaries
of the Floodplain District are defined as the boundaries of the areas
of the one-hundred-year flood designated by the Federal Insurance
Administration (FIA) on the Flood Insurance Rate Map (FIRM) of the
Town of Urbana, effective January 19, 1978, and later revisions thereof.
B. Special requirements for development within the Floodplain District are set forth in Chapter
59, Flood Damage Prevention, of the Code of the Town of Urbana, which requirements are in addition to those set forth herein.
No person shall grant, permit, convey or lease a right-of-way
to the shore of Keuka Lake (except for the purpose of providing for
the drawing of water) of less than 50 feet of lake frontage for each
dwelling unit served. Such right-of-way or access may be aggregated
with others, but in no event shall there be less than 50 feet of lake
frontage for each dwelling unit so served.
Auto junkyards and junkyards are permitted as defined in § 136
of the General Municipal Law.
To the extent practicable, and in accordance with Chapter 742
of the Laws of 1979, the accommodation of solar energy systems and equipment
and the protection of access to sunlight for such equipment shall
be encouraged in the application of the various review and approval
provisions of this chapter. All new buildings and structures shall
be designed and located so as to preserve the solar access of adjoining
properties.
A. Satellite antenna size.
(1) In all zones, satellite antennas shall not exceed 12 feet in diameter.
(2) In residential and business zones, the total height of ground-mounted
antennas shall not exceed 15 feet above the ground.
(3) In all districts, roof-mounted installations shall not exceed the
height restrictions as set for the zoning district within which the
installation is placed.
B. Satellite antenna location.
(1) In a residential or commercial zone, subject to the provisions contained
herein, such antenna shall be located only in the rear yard of any
lot, provided that such antenna is located at least 20 feet from any
principal building and lot line. If a usable satellite signal cannot
be obtained from such rear yard, the antenna may be located in the
side yard of the property, subject to the approval of a special use
permit. For purposes of this provision, a "usable satellite signal"
is a satellite signal which, when viewed on a conventional television
set, is at least equal in picture quality to that received from local
commercial television stations or by way of cable television.
(2) In the event that a usable satellite signal cannot be obtained by
locating the antenna in the rear or side yard of the property, such
antenna may be placed on the roof of the dwelling structure, provided
that a special use permit is obtained prior to such installation.
Such permit shall be issued upon a showing by the applicant that a
usable satellite signal is not obtainable from any other location
on the property, and provided further that the construction and erection
otherwise is in compliance with the applicable Building Code and Electrical Code.
C. General provisions.
(1) Satellite television antennas shall be located and designed to reduce
visual impacts from surrounding properties at street level and from
public streets.
(2) Not more than one satellite television antenna shall be allowed in
any residential zone on any lot less than 1/2 acre in size.
(3) All antennas and the construction and installation thereof shall
conform to applicable Building and Electrical Code regulations and
requirements.
(4) Antennas shall meet all manufacturers' specifications, be of noncombustible
and corrosive-resistant material and be erected in a secure, wind-resistant
manner.
(5) Every antenna must be adequately grounded for protection against
a direct strike by lightning.
A. Continuation. Any lawful building, structure or use of premises existing
at the time of enactment of this chapter or any subsequent amendment
thereto applying to such building, structure or use of the premises
may be continued although such building, structure or use of the premises
does not conform to the provisions thereof, except as follows:
(1) Any sign which becomes nonconforming upon the date of enactment or
amendment of this chapter shall be removed or shall conform thereto
within one year after such date.
(2) Any undeveloped lot in a subdivision that was not properly approved
by the Planning Board and/or not filed in the office of the Steuben
County Clerk and whose area and/or depth are less than the specified
minimum lot requirements and average density requirements of this
chapter shall be deemed in violation of this chapter.
(3) Any undeveloped lot in a subdivision that was not properly approved
by the Planning Board and/or not filed in the office of the Steuben
County Clerk and whose area and/or depth are less than the specified
minimum lot requirements and average density requirements of this
chapter shall be deemed in violation of this chapter.
B. Discontinuance. Any building or land use for or occupied by a nonconforming
use which is changed to or replaced by a conforming use shall not
thereafter be used for or occupied by a nonconforming use.
C. Necessary maintenance and repairs. A building or structure of nonconforming
use may be repaired or restored to a safe condition.
D. Change to other nonconforming use. A nonconforming use of a building,
structure or land may be changed to another nonconforming use more
nearly conforming to the requirements of the district in which it
is situated.
E. Prior construction. The construction of any building or structure
which has legally been commenced prior to the effective date of this
chapter or any subsequent amendment applicable thereto may be completed
and used in accordance with its plans and specifications.
F. Existing undersized lots.
(1) Any lot held in single and separate ownership prior to the adoption
of this chapter and whose area and/or width and/or depth are less
than the specified minimum lot requirements of this chapter for the
district may be considered as complying with such minimum lot requirements,
and no variance shall be required, provided that:
(a)
Such lot does not adjoin any other lot or lots held by the same
owner whose aggregate area is equal to or greater than the minimum
lot area required for that district;
(b)
Such lot has an area of at least 5,000 square feet and a minimum
width of at least 50 feet at the required setback line if it is to
be used for residential purposes;
(c)
The following minimum yard dimensions are maintained for residences:
[1]
Side yards of eight feet;
[2]
Front and rear yards of 25 feet; and
(d)
There is compliance with all other bulk requirements for that
district.
(2) In any district where residences are permitted, such undersized nonconforming
lots may be used for not more than one single-family dwelling.
(3) A lot of nonconforming size may be subdivided if each and every subdivision
of such lot is purchased by the owner or owners of the adjoining properties
to increase the size of said owner's or owners' property or properties.
G. Exemption of certain lots.
(1) In accordance with Town Law § 265-a, any lot proposed for
residential use in a subdivision whose plat delineates one or more
new streets(s), roads or highways and for which said subdivision plat
has been properly approved by the Planning Board and filed in the
office of the Steuben County Clerk prior to the passage of this chapter
and whose area and/or width and/or depth are less than the specified
minimum lot requirements of this chapter for that district shall be
considered as complying with such minimum lot requirements for two
years after the filing of such subdivision plat.
(2) If at the time of the filing of a subdivision plat, as referred to
above, the Town Planning Board has not been authorized to approve
subdivision plats, then the exemption for a residential lot in such
case shall apply for a period of one year after the filing of said
subdivision plat in the office of the Steuben County Clerk.