A.
For every building hereafter erected, altered or changed in use,
there shall be provided at least the minimum number of off-street
parking spaces set forth under this section. All off-street parking
for nonresidential and multifamily use shall be designed in such a
manner as to allow vehicles to exit onto a street without backing
out onto it. Parking in R-1 and R-2 jurisdictions shall be in approved
driveways. Parking in front yards, exclusive of driveways, is not
an approved use. Parking between street and walkway will be permitted
provided space is maintained with a mowable grass surface or improved
with an asphalt or concrete surface constructed through a permit obtained
from the Village.
[Amended 11-9-2015 by L.L. No. 3-2015]
(1)
Residential uses.
(a)
One- and two-family dwellings: two parking spaces for every
dwelling unit.
(b)
Multiple-family dwellings: five parking spaces for every three
dwelling units.
(c)
Home occupation: three parking spaces, plus one additional parking
space for every 200 square feet of office space or other nonresidential
use, in addition to any other required spaces.
(2)
Motel: three parking spaces, plus one space for every guest room.
(3)
Places of public assembly: one parking space for every five seats
or one parking space for every 100 square feet of floor area.
(4)
Professional offices: two parking spaces, plus one space for every
200 square feet of office space.
(5)
Commercial: one parking space for every motor vehicle used directly
in the business, plus one parking space for every 200 square feet
of business area.
(6)
Restaurant, eating and drinking establishment (other than drive-in):
one parking space for every 100 square feet of floor area.
(7)
Industrial, wholesale, warehouse, storage, freight, and trucking
uses: one parking space for every motor vehicle used directly in the
business, plus additional parking as required by the Planning Board.
(8)
Unspecified uses: as required by the Planning Board, based upon use
intensity, turnover, customers, employees and vehicles used.
B.
Substitution of on-street parking.
(2)
If the Planning Board determines that the substitution of on-street parking in place of required off-street parking will not pose an adverse impact upon traffic circulation and access to surrounding land uses, it may, at its sole discretion, allow the substitution of on-street parking spaces in place of the required off-street parking space(s). Whenever a land use is subject to site plan review as provided for in Sections 703, 704 and 708 Subsection C of this chapter,[1] the Planning Board shall reconsider the appropriateness
of substitution of on-street parking and may at that time either continue,
modify, or eliminate such substitution depending upon proposed changes
to the land use under review and the overall parking situation in
the area. In considering whether or not to allow the substitution
of on-street parking space(s) in place of required off-street parking
space(s), the Planning Board shall consider the issues listed below.
(a)
Whether the on-street parking space(s) in question are already
considered substitute off-street parking for another use.
(b)
The actual availability of the parking space(s) in question
with respect to the actual use pattern of said parking space(s).
(c)
Distance between the use under review and the on-street parking
space(s) in question. When reviewing such distance the Planning Board
shall consider the availability and condition of sidewalks together
with highways and driveways that must be crossed.
(d)
The feasibility of the use under review to provide for the required
number of off-street parking through some other means rather than
substitution of on-street parking spaces, including shared parking,
leased parking, or involvement with public parking areas.
[1]
Editor's Note: So in original.
C.
Parking areas in a Neighborhood Commercial District (C-1) and Central
Commercial District (C-2) shall be surfaced with a suitable dustless,
durable hard surface (e.g., asphalt, concrete, or pavers, but not
loose stone or gravel). Said surface shall provide adequate drainage.
[Added 11-9-2010 by L.L.
No. 3-2010]
D.
Public rights-of-way will be maintained in an uncluttered status.
Parking of accessory vehicles (including trailers, boats, all-terrain
vehicles, and construction vehicles) is not a permitted use. Storage
of materials and erection of structures is not permitted. Public rights-of-way
should not be used for storage of snow transported from adjacent lands
or be paved without the proper permit. Additionally, public rights-of-way
must be maintained to ensure that visibility and recognition of traffic
flow are not obstructed.
[Added 11-9-2015 by L.L.
No. 3-2015]
[Added 11-9-2015 by L.L.
No. 3-2015]
Currently, overnight parking is prohibited from November 1 to
April 30 between the hours of 2:00 a.m. and 8:00 a.m. Additionally,
there shall be no parking of trailers exceeding 17 feet in length
on Village streets between the hours of 2:00 a.m. and 8:00 a.m., year
round.
Every building occupied for the purpose of business or industry
shall provide adequate space for off-street loading and unloading
vehicles.
The Planning Board, under its powers of site plan review and
approval, may modify requirements for parking and loading spaces.
[See also § 295-21A(8)(e).] Where, in any district, a commercial or industrial use is created adjacent to an existing residential use, a buffer strip shall be established by the nonresidential use along the lot line adjacent to the residential use.
Gasoline stations, gasoline station-markets, motor vehicle repair
shops, motor vehicle sales agencies, and drive-in businesses shall
comply with the following:
A.
Lots containing such uses shall not be located within 300 feet of
any lot occupied by a school, playground, library or religious institution.
Measurement shall be made between the nearest respective lot lines.
B.
Lot size shall be at least 40,000 square feet.
C.
Lot frontage shall be at least 200 feet.
D.
Lot depth shall be at least 150 feet.
E.
Pumps, other service devices, and fuel and oil storage shall be located
at least 30 feet from all lot lines.
F.
Automobile parts and dismantled vehicles are to be stored within
the building and no major repair work is to be performed outside the
building.
G.
There shall be no more than two access driveways from any street.
Maximum width of each access driveway shall be 30 feet.
Public utility installations shall comply with the following:
A.
Such facility shall be surrounded by a fence approved by the Planning
Board.
B.
The facility shall be landscaped in a manner approved by the Planning
Board.
C.
To the extent practicable, equipment shall be stored so as not to
be visible from surrounding properties.
D.
Any other
requirements, as determined by the Planning Board.
A.
Purpose; intent.
(1)
The purpose of this section is to promote and protect the public
health, welfare and safety by regulating existing and proposed outdoor
advertising signs and outdoor signs of all types. It is intended to
protect property values, create a more attractive economic and business
climate, enhance and protect the physical appearance of the community,
preserve the scenic and natural beauty and provide a more enjoyable
and pleasing community. It is further intended hereby to reduce sign
or advertising distractions and obstructions that may contribute to
traffic accidents, reduce hazards that may be caused by signs improperly
overhanging or projecting over public rights-of-way, provide more
visual open space, and curb the deterioration of the community's appearance
and attractiveness.
(2)
This section is intended to promote attractive signs which clearly
present the visual message in a manner that is compatible with its
surroundings. The appearance, character and quality of a community
are affected by the location, size, construction and graphic design
of its signs. Therefore, such sign should convey their messages clearly
and simply to enhance their surroundings.
B.
Permit required. It is unlawful for any person to erect or relocate any sign other than those identified as exempt in Subsection C of this section within the Village without first obtaining a sign permit and paying the fee therefor as provided in this chapter.
(1)
Application procedure. Applications shall be made, in writing, to
the Zoning Enforcement Officer on forms prescribed and provided by
the Village and shall contain the following information:
(b)
Location of the building, structure or land upon which the sign
now exists or is to be erected.
(c)
If a new sign is to be erected, elevation and plan drawings
to scale shall be included. In addition, a full description of the
placement and appearance of the proposed sign shall be included and
shall cover the following:
[1]
Location on the premises; specifically, its position in relation
to adjacent buildings, structures and property lines.
[2]
The method of illumination, if any, and the position of lighting
or other extraneous devices, and a copy of the New York State Uniform
Code permit (if required) related to the electrical connections.
[3]
Graphic design, including symbols, letters, materials and colors.
[4]
The visual message, text, copy or content of the sign.
(d)
Written consent, or a copy of the contract made with the owner
of the property upon which the sign is to be erected, if the applicant
is not the owner.
(2)
Permit. Upon the filing of a completed application for a sign permit
and the payment of the required fee, the Zoning Enforcement Officer
shall examine the plans, specifications, and other data submitted
and the premises on which the sign is to be erected or now exists.
If it shall appear that the sign is in compliance with all requirements
of this section, he/she shall then, within 15 days, issue a permit
for the erection of the proposed sign or for an existing sign. The
issuance of a permit shall not excuse the applicant from conforming
to other federal, state or local laws, ordinances, and/or regulations.
C.
Specific sign regulations.
(1)
Exempt signs (require no permits):
(a)
Historical markers, tablets and statues, memorial signs and
plaques; names of buildings and dates of erection, when cut into any
masonry surface or when constructed of bronze, stainless steel, or
similar material; and emblems installed by governmental agencies,
religious or nonprofit organizations; not exceeding six square feet.
(b)
Flags and insignia of any government, except when displayed
in connection with commercial promotion.
(c)
On-premises directional signs for the convenience of the general
public, identifying public parking areas, fire zones, entrances and
exits and similar signs, internally illuminated or nonilluminated,
not exceeding four square feet per face and six feet in height. Business
names and advertising messages shall not be allowed as part of such
signs.
(d)
Nonilluminated warning, private drive, posted or no trespassing
signs, not exceeding two square feet per face.
(e)
One on-premises sign, either freestanding or attached, in connection
with any residential building in any zoning district for permitted
professional office or home occupation, not exceeding two square feet
and set back at least 10 feet from the property line. Such sign shall
state name and vocation only. Illumination shall not produce a direct
glare beyond the limits of the property line.
(f)
Number and name plates identifying residents, mounted on house,
apartment or mailbox, not exceeding one square foot in area.
(g)
Lawn signs identifying residents, not exceeding one square foot
(per side). Such signs are to be nonilluminated, except by a light
which is an integral part of a lamppost if used as a support, with
no advertising message thereon.
(h)
Private-owner merchandise sale signs for garage sales and auctions,
not exceeding four square feet, for a period not exceeding four days
within a given month.
(i)
Temporary nonilluminated "for sale," "for rent," real estate
signs and signs of similar nature concerning the premises upon which
the sign is located. In a residential zoning district, one sign not
exceeding four square feet per side. In a commercial or industrial
zoning district, one sign not exceeding 50 feet, set back at least
15 feet from all property lines. All such signs shall be removed within
three days after the sale, lease or rental of the premises.
(j)
Temporary, nonilluminated window signs and posters not exceeding
25% of the window surface.
(k)
Christmas holiday decorations, including lighting, are exempt
from the provisions of this chapter and may be displayed in any district
without a permit.
(l)
Temporary directional signs for meetings, conventions, and other
assemblies.
(m)
One sign, not exceeding six square feet in the residential districts
nor 16 square feet in the business districts, listing the architect,
engineer, contractor and/or owner on premises where construction,
renovation or repair is in progress.
(n)
Political posters, banners, promotional devices and similar
signs, not exceeding four square feet in the residential districts
nor 16 square feet in the business districts, provided the names and
addresses of the sponsor and the person responsible for removal are
identified.
(o)
Signs required by federal, state, county or Village regulations
(i.e., New York State registered motor vehicle shops and New York
State inspection stations).
(2)
Prohibited signs and acts.
(a)
No off-premises signs shall be allowed other than as permitted under Subsection C(1), Exempt signs, of this section.
(b)
No sign shall be illuminated by or contain flashing, intermittent,
rotating or moving lights, except to show time and temperature.
(c)
No sign shall impair or cause confusion of vehicular or pedestrian
traffic in its design, color or placement. No such sign shall impair
visibility for the motorist at a street corner or intersection.
(d)
No sign or sign supports shall be placed upon the roof of any
building.
(e)
No sign shall consist of banners, pennants, ribbons, streamers,
spinners or similar moving, fluttering or revolving devices.
(f)
No advertising message shall be extended over more than one
sign placed along a street or highway.
(g)
Temporary and/or portable signs, except those installed by the
Village and Town of Oakfield, shall not be attached to or placed upon
any tree, lamppost, utility pole, hydrant, bridge, fence or other
structure located within a public right-of-way.
(3)
Temporary signs. All signs of a temporary nature, except as otherwise
provided by this section, shall be permitted for a period not exceeding
six weeks prior to the activity or event. Such signs shall not exceed
16 square feet in commercial or industrial districts nor eight square
feet in residential districts, nor be attached to fences, trees, utility
poles, rocks or other facets of the natural landscape, nor be placed
in a position that will obstruct or impair traffic or in any manner
create a hazard or disturbance to the health, safety and welfare of
the general public. Temporary signs covered by this subsection shall
be removed within seven days after the event or activity.
(4)
Permanent signs.
(a)
Residential districts.
[1]
Signs advertising a use in a residential district, such as public
or quasi-public buildings or buildings used solely for nonprofit,
church, school, hospital or other like purposes, shall be permitted,
provided such sign is located on the same premises as the use that
it advertises. No such sign shall exceed 12 square feet in area and
such sign shall be located not less than 10 feet from property lines.
[2]
For large-scale multifamily developments one project identification
sign shall be permitted which shall not exceed 25 square feet in area
and shall be situated not less than 10 feet from the property lines.
The sign may include only the name of the property, the street address,
and the presence or lack of vacancies.
(b)
Commercial (C-1) and Industrial (I) Districts.
[1]
The total number of permitted signs on a single business or
industrial lot shall not exceed one sign per wall per use and one
freestanding for the building.
[2]
The total cumulative sign area of all signs permitted on such lot shall be calculated at the rate of two square feet of sign area per linear foot of building frontage, but in no case shall exceed 150 square feet, whichever is less, except as provided for in Subsection C(4)(b)[5] below. In calculating the total cumulative sign area, only one side or wall of a building shall be used.
[3]
A minimum total sign area of 32 square feet shall be permitted
for any use, regardless of building frontage.
[4]
The surface area of a freestanding sign shall be calculated as follows: freestanding sign area up to 25 square feet (per side) shall be deducted from the total sign area permitted on a one-to-one basis; freestanding sign area between 25 and 40 square feet (per side) shall be deducted from the total sign area permitted on a four-to-one basis; freestanding sign area over 40 square feet shall be prohibited except as set forth in Subsection C(4)(b)[5] below.
[5]
Where groups of two or more contiguous stores are located together
in a shopping center (mall or plaza) or where a lesser number of stores
total not less than 20,000 square feet of gross leasable area, one
common freestanding sign denoting the name of the shopping facility
shall be permitted, not exceeding 50 square feet (per side) and with
bottom panel not less than eight feet above grade. All other signs
shall be attached to buildings, of a wall or soffit type, and coordinated
in material, shape, lettering, color and/or decorative elements. Total
sign area permitted for the entire shopping center shall be calculated
at the rate of one square foot of sign per linear foot of building
frontage, and such exterior signs shall be permitted upon, and identify
only, the uses which allow direct public access from outside the mall
building.
[6]
Representational signs shall not project in any direction more
than four feet beyond the principal structure to which they are attached
or extend over a public right-of-way and shall not exceed 15 square
feet. Only one such sign per establishment shall be permitted, with
the area of such sign structure deducted from the total sign area
permitted.
[7]
Illuminated signs which indicate the time, temperature, date
or similar public service information shall not exceed 32 square feet
and shall not employ less than 60% of the total sign area, each side,
for said public service information.
[8]
Gasoline service stations shall additionally be permitted two
price/product (type of gas: i.e., regular, no lead, etc.) signs each,
not exceeding six square feet per side, if located on the pump island
or set not closer than 10 feet from the edge of the pavement, not
exceeding eight feet above grade nor situated so as to impair visibility
for pedestrians or motorists. The sign area for these signs shall
be deducted from total sign area for that building.
(c)
Commercial (C-2) District.
[1]
Businesses shall utilize a limited combination of wall, awning,
and projecting signs. Each business is allowed three signs, one projecting
sign, either one wall sign or one awning sign/graphic, and one window
sign.
[2]
Each sign, depending on its type, shall be limited in size to
conform with the existing scale of the buildings they are mounted
upon. Wall signs shall not exceed 18 square feet in area. Projecting
signs shall not exceed five square feet in area, and awning signs/graphics
shall not be greater than 10 square feet in area. Window signs shall
not exceed 50% of the window area or four square feet in area, whichever
is greater.
[3]
In calculating sign area, only one side of the sign shall be
used.
[4]
Projecting signs shall not extend lower than eight feet to the
ground to maintain a safe clearance for pedestrians, and shall not
extend over a public right-of-way more than 2/3 of the distance between
the building and the curb. Projecting signs shall not extend higher
than 13 feet above ground level.
[5]
Roof signs, lighted flashing signs, neon signs, pole and freestanding
signs are strictly prohibited.
[6]
Wall signs and projecting signs shall not be installed over
existing building openings, including windows and doorways, and shall
not be installed on walls on the second and third floors.
(5)
Portable signs. A new business, or a business in a new location,
awaiting installation of a permanent sign may utilize a portable sign
for a period of not more than 60 days or until installation of a permanent
sign, whichever occurs first. Such a portable sign must meet all the
construction standards of the New York State Uniform Fire Prevention
and Building Code. A separate permit for such a portable sign shall
be required.
(6)
Nonconforming signs. A nonconforming sign shall not be enlarged or
replaced by another nonconforming sign. Any maintenance, repair or
alteration of a nonconforming sign shall not cost more than 50% of
the current depreciated value of the sign as of the date of alteration
or repair. No repair or alteration exceeding 50% of the current depreciative
value shall be made without making the sign a conforming sign.
(7)
Removal of signs. Any sign, existing on or after the effective date
of this amendment, which no longer advertises an existing business
conducted or product sold on the premises upon which such sign is
located shall be removed. In addition, where the permit for a sign
is revoked for any reason, the sign shall be removed immediately.
(a)
If the Zoning Enforcement Officer shall find that any sign regulated
in this section is not used, does not advertise a current product
or service available on the property, is abandoned, unsafe or insecure,
or is a menace to the public, the Zoning Enforcement Officer shall
give written notice to the named owner of the land upon which it is
located, who shall remove or repair the sign within 30 days from the
date of the notice. If the sign is not removed or repaired within
said time period, the Zoning Enforcement Officer shall revoke the
permit issued for such sign and may remove or repair the sign and
assess the owner for all costs incurred for such service.
(b)
The Zoning Enforcement Officer may cause any sign which is a
source of immediate peril to persons or property to be removed immediately
and without notice.
(8)
Construction standards affecting all zoning districts. All signs
shall be constructed and installed in conformance with the Code of
New York State. In addition, the following standards shall apply:
(a)
Wall signs.
[1]
Wall signs shall not extend beyond the ends or over the top
of the walls to which attached, and shall not extend above the level
of the second floor of the building. Such signs shall be limited to
three feet in height.
[2]
Wall signs shall not extend more than nine inches from the face
of the buildings to which attached, except that copy-change signs
may extend 15 inches.
[3]
Any part of a sign extending over pedestrian traffic areas shall
have a minimum clearance of eight feet.
[4]
Copy-change wall signs shall be permitted on theaters only.
(b)
Freestanding signs.
[1]
No freestanding sign shall be located less than 10 feet from
the front property line nor less than five feet from the side property
line. No freestanding sign may be located less than 50 feet from any
other freestanding sign.
[2]
If for any reason the property line is changed at some future
date, any freestanding sign made nonconforming thereby must be relocated
within 90 days to conform with the minimum setback requirements.
[3]
No freestanding sign shall be more than 25 feet in height above
finished grade. Such height shall be measured vertically from the
established average grade directly below the sign or entry level of
the building or structure, whichever is less, to the highest point
of the sign, including supporting structures.
[4]
No freestanding sign shall extend over or into the public right-of-way,
nor shall it overhang the property lines.
[5]
Freestanding signs under which a pedestrian walkway or driveway
passes must have 10 feet of vertical clearance.
[6]
Masonry wall-type signs shall not exceed four feet in height
and shall not be placed so as to impair visibility for motorists.
(c)
Projecting signs.
[1]
Projecting signs shall not be more than three feet in height.
For the purposes of this subsection, projecting signs shall be considered
those signs which extend more than nine inches from the face of a
building unless such sign is a copy-change which may extend up to
15 inches before being considered a projecting sign.
[2]
The exterior edge of a projecting sign shall extend not more
than five feet from the building face, or extend more than 2/3 the
distance between the building and the curb over a public right-of-way
or property line.
[3]
No part of a projecting sign shall extend into vehicular traffic
areas, and any part extending over pedestrian areas shall have a minimum
clearance of eight feet.
[4]
Projecting signs shall not extend above the level of the first
floor of the buildings to which attached, or in any case extend higher
than 13 feet from the ground.
(d)
Other signs.
[1]
Window signs.
[a]
The area of a window sign(s) shall not exceed 25%
of the area of the window in the Residential (R-1), Residential (R-2),
Industrial (I), or Commercial (C-1) Districts. Window signs shall
not exceed 50% of the area of the window or be greater than four square
feet in the Commercial (C-2) District.
[b]
Copy-change window signs shall not exceed three
square feet.
[2]
Sign directories. Sign directories shall contain identification
of and direction to several business enterprises, but shall contain
no promotional advertising.
[3]
Awning signs.
[a]
Awning graphics may be painted or affixed flat
to the surface of the front or sides, and shall indicate only the
name and/or address of the enterprise or premises.
[b]
No graphics or signs may project horizontally or
vertically from the awning.
[c]
Graphics and signs may hang below an awning, provided
that no part of the sign hangs lower than eight feet from ground level.
[d]
Awning graphics shall be a single line of lettering
not exceeding 10 inches in height.
D.
Appeal procedures.
(1)
Any person aggrieved by a decision of the Zoning Enforcement Officer relative to the provision of this section may appeal such decision, in writing, to the Board of Appeals as provided in § 295-14 and shall comply with all procedural requirements prescribed by the Board of Appeals.
(2)
At least 30 days prior to hearing such appeal, the Board of Appeals
shall refer the application to the Planning Board for its review and
recommendation. The Planning Board shall review such application at
a regular meeting and forward its recommendation to the Board of Appeals.
Failure on the part of the Planning Board to forward a recommendation
within 30 days shall constitute an approval.
(3)
In granting any variance for the provision of this section, the Board
of Appeals must find that the variance is necessary for the reasonable
use of the land or buildings, that granting the variance is in harmony
with the general purposes and intent of this section, that such will
not be injurious to the neighborhood character or otherwise detrimental
to the public welfare, and that denial of the variance would result
in practical difficulty or unnecessary hardship to the applicant.
The installation, or replacement, of a fence within the Village
does not require a permit, provided the following criteria are met.
Failure on the part of the property owner to maintain his fence in
accordance with these provisions shall constitute a violation of this
chapter.
A.
All fencing.
(1)
All fencing must be installed, or replaced, in conformance with the
New York State Uniform Fire Prevention and Building Code. Fencing
shall be located on an individual's own property and not on adjoining
property or directly upon a property line.
(2)
No fencing shall be installed or replaced which poses a potential
hazard to either pedestrians or motorists by restricting vision.
(3)
The "finished" or "good" side of the fence shall face the adjoining
properties.
(4)
It shall be the responsibility of the property owner whose land contains
a fence to maintain that fence so that it remains structurally sound
and does not aesthetically detract from neighboring properties.
(5)
The property owner is responsible to see that any vegetation, including
grass and weeds, around a fence is regularly mowed.
B.
Fencing, front yard.
(1)
Fencing located within front yards shall be located not closer than
one foot to the edge of a public sidewalk. In areas where public sidewalks
do not exist, front yard fencing shall not be located closer than
three feet to the front lot line.
(2)
Fencing located in the front yard shall not exceed three feet in
height for closed fencing, or four feet in height for open fencing.
For the purposes of this section, the term "open fencing" shall refer
to fencing which is at least 75% open, including chain-link type fencing.
Fencing which is less than 75% open shall be considered closed fencing.
(3)
Fencing, hedges, bushes, and evergreen trees located within five
feet of a public right-of-way or road with a sidewalk, or located
within 20 feet from the edge of the pavement of a road without a sidewalk,
shall not exceed three feet in height.
C.
Fencing, side and rear yards. Fencing located in side or rear yards
shall not exceed six feet in height.
Exterior security lighting (i.e., mercury vapor, high-pressure
sodium, spot- or floodlights) shall not be installed or maintained
so as to shine directly in or upon adjoining residential dwellings.
Such lighting shall not be installed or maintained so as to pose a
hazard for vehicular traffic.
A.
Purposes. The Village of Oakfield conducted a study of the potential
secondary affects posed by adult uses. This study along with other
similar studies has shown buildings and establishments operated as
adult uses pose secondary effects that are detrimental and harmful
to the health, safety, morals and general welfare of a community.
In order to promote the health, safety, morals and general welfare
of the residents of the Village of Oakfield, this section is intended
to control those secondary effects of adult uses by restricting adult
uses to nonresidential areas of the Village, and otherwise regulating
their operation.
B.
Definitions specific to adult uses.
(1)
ADULT BOOKSTORE
(a)
(b)
(c)
ADULT COMMERCIAL ESTABLISHMENT
ADULT EATING OR DRINKING ESTABLISHMENT
(a)
(b)
(c)
ADULT ESTABLISHMENT
ADULT MASSAGE ESTABLISHMENT
ADULT MOTEL
(a)
(b)
(c)
ADULT THEATER
(a)
[1]
[2]
(b)
NUDE MODEL STUDIO
SEXUAL ANATOMICAL AREAS
SPECIFIED SEXUAL ACTIVITIES
As used in this section, the following terms shall have the meanings
indicated:
A bookstore that has as a substantial portion (equal to or
greater than 25%) of its stock-in-trade and/or floor area as hereinafter
defined any one or more of the following:
Books, magazines, periodicals or other printed matter which
are characterized by an emphasis upon the depiction or description
of specified sexual activities or specified anatomical area.
Photographs, films, motion pictures, videocassettes, or video
reproduction, slides or other visual representations that are characterized
by an emphasis upon the depiction or description of specified sexual
activities or specified anatomical areas.
Instruments, devices, or paraphernalia that are designed for
use in connection with specified sexual activities.
A establishment other than an adult bookstore, adult eating
or drinking establishment, adult theater, commercial studio, or business
or trade school which features employees who, as part of their employment,
regularly expose to patrons specified anatomical areas and which is
not customarily open to the general public during such features because
it excludes minors by reason of age.
An eating or drinking establishment that regularly features
any one or more of the following:
Live performances which are characterized by an emphasis upon
the depiction or description of specified anatomical areas or specified
sexual activities;
Films, motion pictures, video cassettes, slides or other visual
representations which are characterized by an emphasis upon the depiction
or description of specified sexual activities or specified anatomical
areas;
Employees who, as part of their employment, regularly expose
to patrons specified anatomical areas, and which is not customarily
opened to the general public during such features because it excludes
minors by reason of age.
A commercial establishment, including but not limited to
adult bookstore, adult eating or drinking establishment, adult theater,
adult motel, adult massage establishment, nude model studio or other
adult commercial establishment, or any combination thereof.
Any establishment having a fixed place of business where
massages are administered for pay, including but not limited to massage
parlors, sauna baths and steam baths. This definition shall not be
construed to include a hospital, nursing home or medical clinic or
the office of a physician, surgeon, chiropractor, osteopath, duly
licensed massage therapist, or duly licensed physical therapist, or
barbershops or beauty parlors in which massages are administered only
to the scalp, face, neck and shoulders. This definition shall also
exclude health clubs which have facilities for physical exercise,
such as tennis courts, racquetball courts or exercise rooms, and which
do not receive their primary source of revenue through the administration
of massages.
A motel that:
Offers accommodations to the public for any form of consideration;
provides patrons with closed-circuit television transmissions, films,
motion pictures, video cassettes, slides or other photographic reproductions
which are characterized by the depiction or description of specified
sexual activities or specified anatomical areas and/or currently rated
X movies; and/or
Offers a sleeping room for rent for a period of time that is
less than 10 hours; and/or
Allows a tenant or occupant of a sleeping room to subrent the
room for a period of time that is less than 10 hours.
A theater that regularly features one or more of the following:
Films, motion pictures, video cassettes, slides or other visual
representations which are characterized by an emphasis upon the depiction
or description of specified sexual activities or specified anatomical
areas; or
Live performances which are characterized by an emphasis upon
the depiction or description of specified anatomical areas or specified
sexual activities, and which is not customarily opened to the general
public during such features because it excludes minors by reason of
age.
An adult theater shall include commercial establishments where
such materials or performances are viewed from individual enclosures.
Any place where a person who appears in a state of nudity
or displays specified anatomical areas is regularly provided to be
observed, sketched, drawn, painted sculptured, photographed, or similarly
depicted by other persons who pay money or any other form of consideration,
other than as part of a course of instruction offered by an educational
institution established pursuant to the laws of New York State.
Includes:
(2)
For the purpose of determining whether a substantial portion of an
establishment includes an adult bookstore or use the following factors
shall be considered: 1) the amount of floor area and cellar space
accessible to customers and allocated to such uses; and 2) the amount
of floor area and cellar space accessible to customers and allocated
to such uses as compared to the total floor area and cellar space
accessible to customers in the establishment. For the purposes of
this section, the term "substantial" shall mean an amount equal to
or greater than 25% of the total.
(3)
For the purpose of determining whether a bookstore has a substantial
portion (equal to or greater than 25%) of its stock in materials defined
in Subsection (a) or (b) of the definition of "adult bookstore" hereof,
the following factors shall be considered: 1) the amount of such stock
accessible to customers as compared to the total stock accessible
to customers in the establishment; and 2) the amount of floor area
and cellar space accessible to customers containing such stock; and
3) the amount of floor area and cellar space accessible to customers
containing such stock as compared to the total floor area and cellar
space accessible to customers in the establishment.
(4)
A person includes a firm, partnership, corporation, association or
legal representative, acting individually or jointly.
C.
Restrictions affecting adult uses. Adult uses and establishments,
including but not limited to an adult bookstore, adult eating or drinking
establishment, adult theater, adult motel, adult massage establishment,
nude-model studio or other adult commercial establishment, or any
combination thereof, adult bookstore, adult motion-picture theater,
adult mini-motion-picture theater, and adult entertainment cabaret
shall be permitted subject to the following restrictions. All distance
separations shall be measured from closest property lot line to closest
property lot line.
(1)
No such adult uses shall be within 100 feet of another existing adult
use.
(2)
No such adult use shall be located within 500 feet of a preexisting
school, place of worship, playground or park.
(3)
No such adult use shall be located within 100 feet of a property
under residential use within the boundaries of any residential zoning
district. The actual dwelling unit must be located in the residential
district. If the property is split between a residential district
and a commercial or industrial district, then the home on the property
must be located in the residential portion of the property. Otherwise,
the adult business does not need to abide by the 100-foot distance
separation from this particular property.
(4)
No such adult use shall be located in any zoning district except
the Neighborhood Commercial or Industrial Districts (C-1, C-2 or I).
(5)
Only one adult establishment shall be permitted on a zoning lot.
D.
Prohibition regarding public observation. No adult use shall be conducted
in any manner that permits the observation of any material depicting,
describing or relating to specified sexual activities or specified
anatomical areas from any public way or from any property not registered
as an adult use. This provision shall apply to any display, decoration,
sign, show window or other opening.
Mobile home parks may be permitted in a Planned Unit Development
District (PUD), provided the following standards and requirements
are complied with:
A.
Size. The size of all mobile home parks shall be a minimum of 10
acres.
B.
Construction and safety standards. All mobile homes within the park
shall comply with the current construction and safety standards set
forth by the U.S. Department of Housing and Urban Development.
C.
Layout and design.
(1)
Double access. All mobile home parks containing 20 or more units
shall have access to a public highway at two points, with such points
being separated by at least 100 feet. This provision may be waived
by the Planning Board if the applicant's proposal contains acceptable
alternatives for emergency access.
(2)
Buffer zone. The site shall be located and laid out so that no mobile
home is located within 100 feet of any adjacent public highway right-of-way
or within 35 feet of any other adjoining property line. Additional
buffer areas may be required by the Planning Board if deemed necessary
in order to avoid potential conflicts with existing or planned land
uses.
(3)
Sales area. Commercial areas may be provided for the display and
sales of mobile homes within the confines of the mobile home park,
except on the frontage established in the buffer zone. Model units
shall only be placed upon individual lots, limited to one unit per
lot.
(4)
Other principal structures. A private conventional residence may
be located within the confines of the mobile home park. Lot location
and minimum distances shall be fixed by the Planning Board after due
consideration of each case.
(5)
Interior roadways. The layout of interior roadways, driveways, and
walkways shall be designed and maintained in such a manner as to provide
for safe, efficient and orderly vehicular and pedestrian traffic acceptable
to the Planning Board. In addition, all interior roadways shall be
clearly identified by signs at each intersection. Such signs shall
be acceptable to the Planning Board.
(6)
Roadway (or driveway) clear zone width. All roadways shall have a
minimum clear zone width of 40 feet which is completely clear of obstructions
to a height of 12 feet.
(7)
Roadway grades. The maximum roadway grade shall be 7%. Entrance gradients
shall be less than 3% for a distance of 75 feet from the edge of the
right-of-way of the public highway.
(8)
Minimum radius. The minimum radius of curvature for any street shall
be 75 feet.
(9)
Alignment. Roadways shall be laid out so as to intersect as nearly
as possible at right angles, and in no case shall any angle or intersection
be less than 75°. Roadways in four way intersections shall be
directly across from one another or offset a minimum of 125 feet.
(10)
Roadways. Roadway or driveway pavement shall be located in the
center of the roadway clear zone and shall be at least 20 feet wide
or as designated by the Planning Board. If parking provision is made
within the roadway clear zone, such parking shall be off the pavement
and the clear zone shall be increased accordingly.
(11)
Parking. Two parking spaces shall be provided for each mobile
home lot to meet the needs of occupants of the mobile home park and
their guests without interference with normal movement of vehicular
or pedestrian traffic. Such parking may be in tandem. Each parking
space shall have minimum dimensions of at least 10 feet by 20 feet
per vehicle and shall have an all-weather surfacing.
(12)
Auxiliary parking. Auxiliary parking areas for motor vehicles
shall be provided at a ratio of one parking space to every five mobile
home units. Additional auxiliary parking areas are to be provided
for parking trucks, maintenance equipment, boat trailers, utility
trailers, and similar such equipment and vehicles.
(13)
Mobile home lot size. All lots shall be a minimum of 8,000 square
feet exclusive of any common areas and shall have a minimum dimension
of 80 feet across the lot. No common areas, such as buffer zones,
roadway clear zones, auxiliary parking lots, recreational areas, service
buildings and areas, sales areas, etc., shall be counted towards required
individual mobile home lot areas.
(14)
Walkways. Walkways shall be laid out so as to connect service
buildings, dry yards, and storage lockers with roadways. Walkways
shall also provide access to recreation areas if such areas are not
located adjacent to a roadway. Each roadway shall have a walkway running
parallel to it, separated from the roadway by a minimum distance of
seven feet. Additional walkways may also be placed along the rear
of each lot. All walkways shall be a minimum of three feet wide and
thickness of four inches and shall be provided with joints so designed
as to minimize cracking. All walkways shall be made of concrete or
blacktop or other similar material approved by the Planning Board.
(15)
Recreation areas. Recreation areas shall be provided in central
locations at an amount equal to 10% of the total park area. Recreational
areas shall include playgrounds for children and separate areas for
more passive enjoyment by adults. The playgrounds shall be equipped
with play equipment for children under 10 years of age and should
be away from traffic.
(16)
Public telephone. If public telephones are provided within the
court, they shall be located directly adjacent to service buildings.
(17)
Mailboxes. Mailboxes shall be located in compliance with U.S.
Postal Service regulations and shall not be placed in any location
where they constitute a safety hazard to pedestrians or to vehicles.
(18)
Trees. All existing trees shall be preserved insofar as possible
in the design of the park.
D.
Siting of mobile homes. Mobile homes shall be so situated within
the mobile home park in conformance with the following:
(1)
The following minimum distances shall be maintained when providing
specific locations of mobile homes as related to each other within
the park:
(2)
In cases of irregularly shaped lots the Planning Board shall determine
the application of the above-listed provisions, but in no case shall
any two mobile homes be closer than 20 feet to one another.
(3)
No mobile home shall be located less than 50 feet from any service or storage building other than approved accessory buildings located on and serving the specific mobile home lot as set forth in Subsection E(12) of this section.
(4)
The minimum setback from the roadway line (clear zone rather than
pavement) shall be 15 feet. Minimum setback from all interior lot
lines shall be five feet.
(5)
The percent lot coverage for an individual mobile home lot shall
be no greater than 25%.
(6)
The minimum distance between a mobile home and a parking space for
motor vehicles shall be 10 feet.
(7)
No occupied travel or vacation trailer or other form of temporary-type
living units shall be permitted in a mobile home park.
(8)
Every mobile home lot shall be clearly identified by a number located
on a sign or light post located on the lot.
E.
Required improvements.
(1)
Water and sewage system. Water supply and sewage collection/treatment
facilities shall be installed and maintained in compliance with the
requirements of the Village of Oakfield Public Works Department, New
York State Health Department, Department of Environmental Conservation
and the Genesee County Health Department. Water supply from the Village
shall be through a master meter, installed at the expense of the park
owner.
(2)
Underground utilities. Electrical systems, gas piping systems, cable
and telephone wires, and community and individual fuel storage shall
be installed underground and maintained in compliance with the New
York State Uniform Code.
(3)
Artificial lighting. Artificial lighting shall be provided from dusk
to dawn to illuminate walks, driveways, roadways and parking spaces
for the safe movement of pedestrians and vehicles. Specifically, roadway
lighting standards shall be provided as follows:
(a)
Overhead roadway lighting standards shall be placed no farther
than 100 feet apart; have a minimum clearance above the pavement of
12 feet and shall have a minimum capacity of 100 watts or as specified
by the Planning Board.
(b)
Service buildings shall have sufficient exterior lighting fixtures
so as to properly illuminate entrances and drying yards connected
therewith.
(4)
Refuse disposal. It shall be the responsibility of the park owner
to insure that garbage and rubbish shall be collected and properly
disposed of outside the park as frequently as may be necessary to
insure that garbage receptacles do not overflow. This responsibility
shall include either the provision of garbage cans with tight-fitting
covers to each unit or dumpsters which service a number of units.
Exterior property areas shall be maintained free from organic and
inorganic material that might become a health, incident or fire hazard.
Suitable screening shall be provided for all community refuse (dumpster)
areas.
(5)
Roadway paving. All roadways within the park shall be paved for a
minimum width of 20 feet in accordance with specifications acceptable
to the Planning Board.
(6)
Parking area paving. Areas for motor vehicle parking and access driveways
shall be surfaced with asphalt or concrete.
(7)
Mobile home lot. Each mobile home lot shall contain a mobile home
stand to provide adequate support for the placement and tie down of
the mobile home. The stand shall not heave, shift, or settle unevenly
under the weight of the mobile home as a result of any frost action,
inadequate drainage, vibration or other such forces. The material
used in constructing the stand should be durable and capable of supporting
the expected load regardless of the weather, and shall be constructed
in compliance with the New York State Uniform Code. In addition, the
footings and the load-carrying portion of the ground anchors shall
extend below the frost line.
(8)
Patios/decks. Mobile home lots may be provided with patios and/or
decks. If installed, patios and/or decks may be covered and shall
conform to distance separations, lot setbacks and percent lot coverage
requirements, and shall not be enclosed (insect screening is allowable).
(9)
Stormwater drainage. Mobile home parks shall have adequate facilities
for drainage of surface and subsurface water. The entire mobile home
park shall be graded to facilitate the safe and efficient drainage
of surface water and to permit no ponding areas where water will stand
for lengths of time so as to constitute a health or other hazard.
Drainage ditches shall be provided where necessary to provide for
the removal of surface drainage. Such ditches shall be provided in
such a way as not to constitute a hazard to pedestrians. Gutters,
culverts, catch basins, drain inlets, stormwater sewers or other satisfactory
drainage systems shall be utilized where deemed necessary and shall
be acceptable for a size specified by the Planning Board and the Genesee
County Soil and Water Conservation District.
(10)
Landscaping. Each mobile home lot shall be provided with at
least two shade trees with trunks not less than 1 1/2 inches
in diameter as measured three feet from the ground. Poplars, silver
or soft maples, box elders, catalpas, and horse chestnuts shall not
be planted. The planting of elms is not recommended. Shade trees shall
also be planted at intervals of not less than 50 feet within the buffer
areas to the sides and rear of the mobile home court. Shade trees
are recommended in the buffer area between the public highway and
the adjacent mobile home lots. Due regard shall be had to the obstructive
qualities of limbs and branches along mobile home movement and accessways.
(11)
Service buildings. The developer shall be required to furnish
service buildings in conformance with the following:
(a)
Service buildings shall be located in such a way as to prohibit
primary access directly adjacent to a mobile home lot.
(b)
Service buildings housing sanitation and laundry facilities
or any other facilities shall be permanent structures complying with
the New York State Uniform Code and the New York State Sanitary Code.
(c)
The service buildings shall be well lighted at all times from
dusk to dawn and shall be well ventilated with screened openings,
shall be constructed of such moisture-proof material, including painted
woodwork, as shall permit repeated cleaning and washing, and be maintained
at a temperature of at least 68° F. during the period of October
1 to June 1. The floors of such buildings shall be of concrete and
supplied with drains.
(12)
Additional structures on mobile home lots. Additional structures
on mobile home lots are subject to the following:
(a)
No nonintegral structural addition or other accessory building
or structure in excess of 100 square feet shall be permitted on any
mobile home lot.
(b)
Structural additions, accessory buildings, car ports and awnings
shall conform to distance separations, lot setbacks and percent lot
coverage requirements.
(c)
Accessory buildings shall not be placed in front yards.
(13)
Mobile home park owner obligations. In general, mobile home
parks shall be properly maintained so as to insure the desirable residential
character of the property. Specifically, the following shall apply:
(a)
Yard maintenance. Mobile home parks shall be maintained reasonably
free from holes and excavations, sharp protrusions, and other objects
or conditions which might be a potential cause of personal injury.
Walks, steps, driveways and roadways that contain holes or tripping
hazards shall be filled, repaired, or replaced as the need indicates.
Trees, or limbs of trees, that constitute a hazard shall be removed.
Snow removal is the responsibility of the mobile home park owner.
(b)
Noxious weeds. Ragweed and other noxious weeds considered detrimental
to health such as a poison ivy or poison sumac shall be completely
eliminated from all areas of the mobile home park. Open areas shall
be maintained free of heavy undergrowths of any description.
(c)
Accessory structures. All accessory buildings or structures
shall be kept in good repair, free from health, fire and accident
hazards. They shall be of durable construction and appropriate for
intended use and location; exterior wood surface of all structures
that are not inherently resistant to deterioration shall be periodically
treated with a protective coating or paint or other suitable preservative.
(d)
Gravel areas. All areas surfaced with gravel shall be kept clear
of all forms of vegetation.
(e)
Infestation. Grounds and structures shall be maintained free
of insect, vermin, and rodent harborage and infestation. Methods used
for purposes of extermination shall conform with generally accepted
practice.
(f)
Skirts. Skirts for individual mobile homes are required and
shall conform to the New York State Uniform Code. Such skirting shall
be installed within 30 days of the installation of the mobile home
and must be maintained.
(14)
Mobile home park plans and registration of mobile home park
occupants. It shall be the duty of each mobile home park owner/operator
to keep a register containing a record of all mobile home owners and
occupants located within the park. This register shall contain the
following:
Light industrial uses may be permitted in the Neighborhood Commercial (C-1) District upon compliance with the following standards and the issuance of a special use permit in conformance with § 295-15.
A.
Construction and safety standards. The proposed light industrial
uses shall comply with all the construction and safety standards contained
in the New York State Uniform Code and all other applicable laws,
codes and regulations.
B.
Enclosure of process and storage areas. No outside process or storage
associated with the light industrial uses shall be permitted. Long-term
(greater than 24 hours) storage of products and/or materials shall
not be allowed in trucks or trailers parked on site.
C.
Hazardous materials and/or processes. No light industrial use shall
involve a use classified as "high hazard" by the New York State Uniform
Code (see Section 703.4) or use highly hazardous materials. Use and
storage of low and moderate hazard materials and processes shall be
done in compliance with all applicable laws, codes and regulations.
The Village Zoning Enforcement, Code Enforcement and representatives
of the Fire Department shall have the authority to thoroughly inspect
all light industrial uses at least annually and to perform spot inspections
as they determine necessary to protect the public health and safety.
D.
Noise dust and odors. Light industrial uses shall not emit or release
any noxious or annoying fumes, odors, noise or other disturbances.
E.
Buffer area. When the Planning Board has determined that a buffer area may be necessary to protect surrounding land uses from a light industrial use, it may require the installation and maintenance of a buffer strip as set forth in § 295-21A(8)(e) of this chapter.
No person, firm, or corporation, being the owner or occupant
of any land or premises within the Village of Oakfield, shall use
or permit the use of said land or premises for the construction of
a tower for energy-deriving purposes without obtaining a special use
permit and site plan approval therefore as hereinafter provided.
A.
Specific exemptions from this section.
B.
Permit application.
(1)
All applications for a special use permit and site plan approval
shall be by written application on forms provided by the Village of
Oakfield.
(2)
Each application for a special use permit and site plan approval
shall be accompanied by a complete plan, drawn to scale, showing the
location of the tower on site; the location of all structures, power
lines or other utility lines within a radius equal to the proposed
tower height; dimensions and sizes of the various structural components
of the tower's construction; design data, which shall indicate the
basis of design; and certification by a registered professional engineer
or manufacturer's certification that the tower was designed to withstand
wind load requirements for structures as set forth in the New York
State Uniform Fire Prevention and Building Code.
(3)
All applications for a special use permit and site plan approval
for the construction of a tower to be used to derive energy will be
referred to the Planning Board. In granting such approvals, the Planning
Board may impose other conditions and restrictions deemed necessary
for the maintenance and safety of such towers.
C.
General provisions. Prior to issuance of final site plan approval,
the following requirements shall be complied with:
(1)
Towers shall be located or placed in rear yards.
(2)
Guy wires and anchors for towers shall not be located closer than
1/2 of the height of the tower to any property line.
(3)
Energy-deriving towers shall be so placed that the base portion of
the tower, if visible from any right-of-way, shall be suitably screened
from view.
(4)
There shall be a limit of one energy-deriving tower per parcel.
(5)
Energy-deriving towers shall not produce a level of noise at any
lot line greater than the ambient nighttime level. Noise reduction
technology shall be installed as a condition of approval if it is
determined by the Planning Board that the ambient nighttime noise
levels are exceeded after installation occurs.
(6)
Towers used solely for energy-deriving purposes shall not exceed
a total height of 150 feet from the ground to the top of the tower.
Outside solid-fuel-burning devices shall not be permitted in
the Village of Oakfield.
No commercial communications tower or antenna(s) shall hereafter
be used, erected, moved, reconstructed, changed or altered unless
in conformity with these regulations.
A.
Shared use of existing towers and/or structures. At all times, shared
use of an existing tower and/or structure, including another commercial
communications tower, water tower, or building, shall be preferred
to the construction of a new commercial communications tower. An applicant
shall be required to present an adequate report inventorying existing
towers or other structures within reasonable distance of the proposed
site and outlining opportunities for shared use of existing facilities
as an alternative to a proposed new commercial communications tower.
The installation of a commercial communications antenna(s) on an existing
structure located within the C-1, C-2 and I Districts shall be considered
a permitted accessory use not subject to site plan review, provided
the following criteria are met:
(1)
The existing structure is not increased in height or otherwise modified
so as to change its visual appearance;
(2)
The antenna(s) do not extend above such structure more than 10 feet;
(3)
The applicant provides the necessary documentation to the Zoning
Enforcement Officer to verify the existing structure and proposed
antenna(s) installation would comply with the New York State Uniform
Fire Prevention and Building Code; and
(4)
An applicant proposing to share use of an existing tower and/or structure
shall be required to document intent from an existing tower/structure
owner to allow shared use.
B.
New or altered towers and/or structures.
(1)
The authorizing board may, in its sole discretion, consider a new
or altered (including tower or structure which are modified, reconstructed,
or changed) commercial communications tower/structure where the applicant
demonstrates to the satisfaction of the authorizing board that shared
usage of an existing tower/structure is impractical. The applicant
shall be required to submit a report demonstrating good-faith efforts
to secure shared use from existing towers or other structures as well
as documentation of the physical and/or financial reasons why shared
usage is not practical. Written requests and responses for shared
use shall be provided.
(2)
The applicant shall be required to submit a site plan in accordance with § 295-15 for all commercial communications towers that are proposed to be erected, moved, reconstructed or altered. Site plan review will also be required in those instances when antenna(s) are being added to existing structures not in compliance with the criteria set forth in Subsection A of this section. In addition to § 295-15, the site plan shall show all existing and proposed structures and improvements, including roads, buildings, tower(s), guy-wire anchors, parking and landscaping and shall include grading plans for new facilities and roads.
C.
Supporting documentation. The authorizing board shall require that the site plan include a completed visual environmental assessment form (visual EAF, SEQR), and documentation on the proposed intent and capacity of use as well as a justification for the height of any tower or antenna and justification for any required clearing. The applicant must provide a coverage/interference analysis and capacity analysis that location of the antennas as proposed is necessary to meet the frequency reuse and spacing needs of the cellular system and to provide adequate portable cellular telephone coverage and capacity to areas which cannot be adequately served by locating the antennas in a less restrictive district. The authorizing board may require submittal of a more detailed visual analysis based on the results of the visual EAF in addressing this subsection and Subsections J and K of this section.
D.
Shared usage of site with new tower. Where shared usage of an existing tower or other structure is found to be impractical, as determined in the sole discretion of the authorizing board, the applicant shall investigate shared usage of an existing tower or other structure site for its ability to accommodate a new tower and accessory uses. Documentation and conditions shall be in accordance with Subsection B of this section. Any new commercial communications tower approved for a site with an existing tower or other structure site shall be subject to the standards of Subsections F through N of this section.
E.
New tower at a new location. The authorizing board may consider a new commercial communications tower on a site not previously developed with an existing tower or other structure when the applicant demonstrates that shared usage of an existing tower site is impractical, as determined in the sole discretion of the authorizing board, and submits a report as described in Subsection B of this section.
F.
Future shared usage of new towers. The applicant must design a proposed
commercial communications tower to accommodate future demand for commercial
broadcasting and reception facilities. This requirement may be waived,
provided that the applicant demonstrates, in the sole discretion of
the authorizing board, that provisions of future shared usage of the
facility is not feasible and is an unnecessary burden, based upon:
(1)
The number of Federal Communications Commission (FCC) licenses that,
in the future, would be available for the area;
(2)
The kind of tower site and structure proposed;
(3)
The number of existing and potential licenses without tower spaces;
(4)
Available spaces on existing and approved towers; and
(5)
Potential adverse visual impact by a tower designed for shared usage.
G.
Setbacks for new towers. All proposed commercial communications towers
and accessory structures shall be set back from abutting residential
parcels, public property or street lines a distance sufficient to
contain on site substantially all ice-fall or debris from tower failure
and preserve the privacy of adjoining residential properties.
(1)
All commercial communications tower bases must be located at a minimum
setback from any property line at a distance at least equal to the
tower height, or the distance between the tower base and guy-wire
anchors, or the minimum setback of the underlying zoning district,
or a minimum setback at a distance which shall be established in the
sole discretion of the authorizing board based on the unique characteristics
of the site, whichever of the foregoing is greater. The minimum setback
requirement of this section may be increased in the sole discretion
of the authorizing board, or it may be decreased, again in the sole
discretion of the authorizing board, in those instances when the applicant
has submitted plans for a tower designed in such a manner as to collapse
within a smaller area. Such tower design and collapse zone must be
acceptable to the Village Engineer and the authorizing board.
(2)
Accessory structures must comply with the minimum setback requirements
in the underlying district.
H.
Visual impact assessment. The authorizing board shall require the
applicant to undertake a visual impact assessment of any proposed
new towers or any proposed modifications of an existing tower that
will increase the height of the existing tower. Construction of a
new commercial communications tower or modification of an existing
tower shall be subject to those guidelines and criteria listed below
that the authorizing board, in its sole discretion, deems appropriate
at the presubmission conference:
(1)
Assessment of "before and after" views from key viewpoints, both
inside and outside of the Village, including state highways and other
major roads, from state and local parks, other public lands; from
any privately owned preserves and historic sites normally open to
the public, and from any other location where the site is visible
to a large number of visitors or travelers.
(3)
Assessment of visual impact of the tower base, guy wires, accessory
buildings and overhead utility lines from abutting properties and
streets.
I.
New tower design. Alternate designs shall be considered for new towers,
including lattice and single pole structures. Plans should show that
the owner of the commercial communications tower has agreed to permit
other persons to attach other communications apparatus which do not
interfere with the primary purposes of the commercial communications
tower, provided that such other persons agree to negotiate a reasonable
compensation to the owner from such liability as may result from such
attachment. The design of a proposed new tower shall comply with the
following:
(1)
Unless specifically required by other regulations, all towers shall
have a neutral, earth tone, sky tone or similar finish that will minimize
the degree of visual impact that the new tower may have. Artificial
lighting, including strobes, beacons and other hazard avoidance lighting,
shall be limited to that required by the Federal Aviation Administration
(FAA) or other governmental agency, recognized safety guidelines and
the authorizing board.
(2)
Any new tower shall be designed and constructed to have the minimum
height and carrying capacity needed to provide future shared usage
(co-locating of a minimum of two additional antennas).
(3)
The authorizing board may request a review of the application by
the Village Engineer, or other engineer selected by the authorizing
board, for evaluation of need for and design of any new tower. The
costs associated for such review shall be borne by the applicant.
(4)
Accessory facilities shall maximize use of building materials, colors
and textures designed to blend with the natural surroundings.
(5)
No portion of a tower may be used for signs or advertising purposes,
including company name, banners, or streamers.
(6)
The applicant shall provide documentation acceptable to the authorizing
board that certifies the operation of the proposed commercial communications
tower facility will not interfere with usual and customary transmission
or reception of radio, television or other communications equipment.
(7)
Space on communications towers shall be made available for public
safety purposes, including Genesee County Public Safety Radio System,
at no cost to public safety agencies.
J.
Existing vegetation. Existing on-site vegetation shall be preserved
to the maximum extent possible and no cutting of trees exceeding four
inches in diameter (measured at a height of four feet off the ground)
shall take place prior to approval of the special use permit. Clear
cutting of all trees in a single contiguous area exceeding 20,000
square feet shall be prohibited.
K.
Screening. Deciduous or evergreen tree plantings may be required
to screen portions of the tower and accessory structures from nearby
residential property as well as from public sites known to include
important views or vistas. Where the site abuts residential or public
property, including streets, the following vegetative screening shall
be required. For all commercial communications towers, at least one
row of native evergreen shrubs or trees capable of forming a continuous
hedge at least 10 feet in height within two years of planting shall
be provided to effectively screen the tower base and accessory facilities.
In the case of poor soil conditions, planting may be required on soil
berms to assure plant survival. Plant height in these cases shall
include the height of any berm.
L.
Access. Adequate emergency and service access shall be provided.
Maximum use of existing roads, public or private, shall be made. Road
construction shall, at all times, minimize grounds disturbance and
vegetation cutting to within the toe of fill, the top of cuts, or
no more than 10 feet beyond the edge of any pavement. Road grades
shall closely follow natural contours to assure minimal visual disturbance
and reduce soil erosion potential.
M.
Parking. Parking shall be provided in accordance with § 295-32. No parking space shall be located in any required yard.
N.
Fencing. Sites of proposed new commercial communications towers and
sites where modifications to existing towers are proposed shall be
adequately enclosed by a fence eight feet in height from finished
grade, unless the applicant demonstrates, to the sole discretion of
the authorizing board, that such measures are unnecessary to ensure
the security of the facility. Such security fencing shall surround
the tower base as well as each guy anchor.
O.
Maintenance and/or performance bond. Prior to approval of any application,
the authorizing board shall require the applicant and/or owner to
post and file with the Village Clerk-Treasurer a maintenance and/or
performance bond in an amount necessary to completely demolish and
remove the tower and all related structures, and restore the site
to level ground with a nonerodable surface. Such bond or security
shall be renewable every five years. Upon renewal, the applicant shall
provide to the Village Planning Board no less than two estimates from
demolition companies that depict the costs of demolition, removal
and restoration. The Village Planning Board may adjust the amount
of the performance or maintenance bond as seen fit to reflect these
cost estimates. The Village Planning Board, at their own discretion,
may require the applicant to reimburse the Village for costs related
to hiring an independent demolition company to perform a cost estimate
for the demolition, removal and restoration of the tower and site
if the applicant does not provide sufficient cost estimates.
P.
Annual recertification. The owner/operator of a commercial communications
tower shall annually, on the anniversary of original issuance of his/her
special use permit, provide a written certification to the Zoning
Enforcement Officer that their tower is still in operation and currently
being used as approved by the special use permit.
Q.
Removal of obsolete/unused facilities. Approval of a new commercial
communications tower facility shall be conditioned upon the applicant's
agreement to remove such facility once it is no longer used. Removal
of such obsolete and/or unused commercial communications towers facilities
shall take place within 12 months of cessation of use. The applicant
shall submit an executed removal agreement with their application
to ensure compliance with this requirement.
R.
Emergency call routing. In accordance with Genesee County Local Law
No. 3 of 2001, all wireless service providers installing and operating
equipment for communications purposes shall route all 911 emergency
calls to the Genesee County Public Service Answering Point.
A.
Purpose. The purpose of this provision is to allow for use of bioremediation
for the treatment of petroleum-contaminated soils within the C-1,
C-2 and I Districts. It is recognized that operation of such uses
without adequate regulations and conditions may pose adverse impacts
upon neighboring residential uses.
B.
Process. An applicant shall apply to the authorizing board for a
special use permit to establish a bioremediation cell(s) in a C-1,
C-2 or I District.
C.
General provisions. The following provisions are intended to insure
the use of bioremediation will not adversely affect surrounding land
uses or pose unnecessary risks to residents and the environment:
(1)
All operations must be set back not less than 1,000 feet from any
neighboring residential use or place(s) of public assembly.
(2)
All contaminated soils to be treated must have originated from within
the Village of Oakfield. No contaminated soils from property located
outside of the Village of Oakfield shall be used in a bioremediation
process located within the Village.
(3)
Prior to approval of any special use permit, the authorizing board,
in its sole discretion, may require the applicant and/or owner to
post and file with the Village Clerk-Treasurer a maintenance and/or
performance bond or other form of security acceptable to the Village
Attorney in an amount sufficient to cover the cleanup and/or remediation
of said bioremediation cell(s) during its lifetime and provide for
its removal. The amount required shall be determined in the sole discretion
of the authorizing board, based upon the unique characteristics of
the bioremediation cell(s) and site. The applicant and/or owner shall
cooperate with the authorizing board in supplying all necessary construction,
sampling, maintenance and reclamation data to the authorizing board
prior to approval of any application to accomplish the foregoing.
A.
Purpose. The purpose of this section is to provide for the construction
of ponds that are adequately designed and located so as to not pose
adverse impacts upon surrounding land uses. Farm water supply, conservancy,
stormwater/erosion control and fire protection or other ponds may
be located within the R-1, R-2, C-1, C-2, and I Districts upon issuance
of a special use permit, provided the following criteria are met.
B.
General provisions.
(1)
The proposed pond is located not less than 100 feet from any property
line. This setback distance shall be measured from the edge of the
surface of the water at its highest level.
(2)
The proposed pond design is deemed acceptable by the Genesee County
Soil and Water Conservation District (GCSWCD), as provided through
a written certification of approval.
(3)
Any soil excavated in the construction of a pond shall not be removed
from the affected parcel without the specific authorization of the
Planning Board in issuing the special use permit.
A.
Purpose. The purpose of this provision is to allow for accessory
apartments that are compatible with the neighborhoods in which they
are located. Accessory apartments can be instrumental in allowing
senior citizens to remain somewhat independent. It is recognized that
the potential investment required for the establishment of an accessory
apartment will in all likelihood result in its occupancy by subsequent
individuals who may not share the family and/or close friend relationship
that may have been the case for the initial occupant(s).
B.
Process. An applicant shall apply to the Planning Board for a special use permit, in compliance with § 295-15, to establish an accessory apartment in the R-1 or R-2 District. In reviewing a special use permit application for an accessory apartment, the Planning Board shall consider the conditions set forth in Subsection C of this section in addition to those set forth in § 295-15.
C.
General provisions. The following provisions are intended to insure
both that the accessory apartment is secondary to the residential
use, and that it is compatible with the residential character of the
neighborhood:
(1)
Only one accessory apartment is permitted per lot, and such apartment
shall be part of the principal residential structure on the lot. An
accessory apartment shall not be permitted in an accessory building.
(2)
Either the principal dwelling unit or the accessory apartment shall
be occupied by, and considered the primary residence of, the property
owner.
(3)
No alteration to the exterior of the structure shall be made which
changes the residential character thereof.
(4)
An accessory apartment shall not be permitted on a lot that does
not meet both the minimum lot area and lot frontage requirements of
the respective zoning district in which it is located.
(5)
Not more than 25% of the entire floor area of the structure may be
used for the accessory apartment and the total floor area to be utilized
(including any new construction) shall not exceed 600 square feet.
(6)
All utilities hookups shall be installed and maintained in compliance
with the requirements of the authority having jurisdiction.
[Amended 11-9-2015 by L.L. No. 3-2015]
No public sales of personal property shall be conducted on residential
property or premises unless a permit for the same has been issued
by the Village Clerk-Treasurer. No such permit shall be issued unless
the fee therefore has been paid in accordance with the Village's current
fee schedule, which is on file in the Clerk-Treasurer's office. No
permit shall be issued for a period longer than three consecutive
days. No more than two permits shall be issued for the same premises
in any one calendar year, except that, if the premises contain more
than one residence or apartment, no more than two permits shall be
issued for the same residence or apartment. Twenty dollars of the
permit fee will be refunded only if signs, displays and property formerly
for sale are cleared within 48 hours of the end of the permit.
