Regulations for the Residential A District shall
be as follows:
B.
Uses permitted only upon issuance of a special permit:
(1)
Home occupation.
(2)
Public or private school.
(3)
Public library or public museum.
(4)
Public park or playground.
(5)
Facilities for the provision of natural gas service,
other than containerized natural gas, to the local community, except
storage or heavy equipment yards.
[Amended 6-11-2002 by L.L. No. 3-2002]
(6)
Group residence.
(7)
Community center.
(8)
Eleemosynary use.
(10)
Facilities necessary for the provision of electrical
service to the local community, except storage or heavy equipment
yards.
[Added 6-11-2002 by L.L. No. 3-2002]
(11)
Facilities, other than towers, necessary for
the provision of standard land line telephone service to the local
community, except storage or heavy equipment yard.
[Added 6-11-2002 by L.L. No. 3-2002]
(12)
Facilities, other than towers, necessary for
the provision of cable television service to the local community,
except storage or heavy equipment yards.
[Added 6-11-2002 by L.L. No. 3-2002]
Regulations for the Residential B District shall
be as follows:
B.
Uses permitted only upon issuance of a special permit:
(1)
Public or private school.
(2)
Public library or public museum.
(3)
Public park or playground.
(4)
Facilities for the provision of natural gas, other
than containerized natural gas, to the local community, except storage
or heavy equipment yards.
[Amended 6-11-2002 by L.L. No. 3-2002]
(5)
Group residence.
(6)
Home occupation.
(7)
Community center.
(8)
Eleemosynary use.
(9)
Nursing or convalescent home.
(10)
Multiple-family dwelling.
(12)
Facilities necessary for the provision of electrical
service to the local community, except storage or heavy equipment
yards.
[Added 6-11-2002 by L.L. No. 3-2002]
(13)
Facilities, other than towers, necessary for
the provision of standard land line telephone service to the local
community, except storage or heavy equipment yards.
[Added 6-11-2002 by L.L. No. 3-2002]
(14)
Facilities, other than towers, necessary for
the provision of cable television service to the local community,
except storage or heavy equipment yards.
[Added 6-11-2002 by L.L. No. 3-2002]
C.
Residential lot and structure requirements for a single-family
dwelling: same as for Residential A District.
E.
Nonresidential lot and structure requirements: same
as for Residential A District.
Regulations for the Residential C District shall
be as follows:
A.
Permitted buildings, structures and uses:
(1)
Single-family dwelling.
(2)
Accessory buildings and structures to Subsection A(1) above. However, there shall be no more than two accessory buildings on one lot. A freestanding garage is allowed as an accessory building only if there are no other garages, freestanding or attached, on the property.
(3)
Family day-care.
C.
Uses permitted only upon issuance of a special permit:
(1)
Home occupation.
(2)
Residential unit in combination with business office.
(3)
Facilities for the provision of natural gas, other
than containerized natural gas, to the local community, except storage
or heavy equipment yards.
[Added 6-11-2002 by L.L. No. 3-2002]
(4)
Facilities necessary for the provision of electrical
service to the local community, except storage or heavy equipment
yards.
[Added 6-11-2002 by L.L. No. 3-2002]
(5)
Facilities, other than towers, necessary for the provision
of standard land line telephone service to the local community, except
storage or heavy equipment yards.
[Added 6-11-2002 by L.L. No. 3-2002]
(6)
Facilities, other than towers, necessary for the provision
of cable television service to the local community, except storage
or heavy equipment yards.
[Added 6-11-2002 by L.L. No. 3-2002]
D.
Residential lot and structure requirements: same as
for Residential A District.
F.
Additional restrictions:
(1)
There shall be no on-premises retail sale of merchandise,
no manufacturing or processing and no storage of merchandise on premises
except for sample or display purposes in any business office in this
zoning district.
(2)
There shall be a transition strip of a minimum width
of 15 feet along all side and rear property lines which adjoin other
residential use districts. This strip shall be in addition to side
and rear setbacks and shall be developed, used and maintained for
lawn, shrubs, trees and bushes as specified by the Town Board. In
addition, the Town Board may, when appropriate to protect an adjacent
property from detrimental aspects such as headlight glare, require
opaque screening measures to be installed and maintained.
(3)
There shall be no on-site outside parking of commercial
trucks or vans used by a tenant for construction, delivery, service
or other business enterprise.
(4)
Notwithstanding any other provision of this section,
no building shall occupy more than 2,000 square feet of land area
or have more than 4,000 square feet of gross floor area.
(5)
The site plan review of the business office shall
encourage building designs which preserve and maintain the residential
atmosphere of the surrounding area, especially in relation to open
space, green areas, landscaping, architecture, additional screening,
if required, and layout of parking lots.
(6)
Each office building may use one freestanding identification
sign no larger than six square feet in area, and, in addition, each
building may have one wall-mounted directory sign not to exceed three
square feet. The Town Board shall determine the location and design
of the freestanding sign during the site plan review procedure.
(7)
The exterior lighting for each office building shall
not cause undesirable glare on any adjoining property.
(8)
There shall be reasonable separation of paving on
adjoining Residential C lots in order to maintain open green space
and to allow for snow removal from parking areas.
(9)
The Code Enforcement Officer shall refer to the Town
Board for its review all applications for permits for expansion, external
building or site alterations or new sign applications in a Residential
C Zoning District. If, in the opinion of the Town Board, the proposed
work may have a serious impact in the neighborhood, it may require
that an application be made for an amended site plan approval.
A.
Intent. The general intent of this district is to
provide areas where a residential environment by way of high-quality
mobile home parks is encouraged and preserved. It is the specific
intent of this district to:
(1)
Encourage the location of mobile home parks near or
adjacent to highways designed to adequately handle a safe flow of
traffic.
(2)
Prohibit individual ownership of mobile home sites.
(3)
Encourage the development of recreation facilities
and require off-street parking within mobile home parks.
(4)
Prohibit all other residential, business, commercial
and industrial uses within a planned mobile home park district.
C.
Required site area. A minimum area of 5,000 square
feet shall be provided for each mobile home site. In no case shall
the density exceed eight mobile home lots per gross acre of area included
in the mobile home park.
D.
Minimum development area. The minimum development
area in the mobile home area shall be 2 1/2 acres.
E.
All the mobile home sites situated within a mobile
home park shall be owned by the park owner and shall be leased to
the mobile home owners.
F.
Mobile home sales.
(1)
No mobile home shall be offered for sale, displayed
for sale or sold within a mobile home park unless such mobile home
is fully connected to all operating utilities and is placed on a site
in the mobile home park.
(2)
No more than one mobile home for model purposes shall
be permitted in a mobile home park.
G.
The outside storage of any equipment, furniture, tools
or similar material in this district is prohibited.
Regulations for the Commercial A District shall
be as follows:
A.
Uses permitted after site plan review:
(1)
Retail business.
(2)
Bank.
(3)
Restaurant.
(4)
Business office.
(5)
Public library or museum.
(6)
Religious use.
(7)
Public park or playground.
(8)
Facilities for the provision of natural gas, other
than containerized natural gas, to the local community, except storage
or heavy equipment yards.
[Amended 6-11-2002 by L.L. No. 3-2002]
(10)
Facilities necessary for the provision of electrical
service to the local community, except storage or heavy equipment
yards.
[Added 6-11-2002 by L.L. No. 3-2002]
(11)
Facilities, other than towers, necessary for
the provision of standard land line telephone service to the local
community, except storage or heavy equipment yards.
[Added 6-11-2002 by L.L. No. 3-2002]
(12)
Facilities, other than towers, necessary for
the provision of cable television service to the local community,
except storage or heavy equipment yards.
[Added 6-11-2002 by L.L. No. 3-2002]
Regulations for the Commercial B District shall
be as follows:
B.
Uses permitted after site plan review:
(1)
Retail business.
(2)
Business office.
(3)
Public library or museum.
(4)
Public park or playground.
(5)
Facilities for the provision of natural gas, other
than containerized natural gas, to the local community, except storage
or heavy equipment yards.
[Amended 6-11-2002 by L.L. No. 3-2002]
(6)
Community center.
(7)
Public or private school.
(9)
Facilities necessary for the provision of electrical
service to the local community, except storage or heavy equipment
yards.
[Added 6-11-2002 by L.L. No. 3-2002]
(10)
Facilities, other than towers, necessary for
the provision of standard land line telephone service to the local
community, except storage or heavy equipment yards.
[Added 6-11-2002 by L.L. No. 3-2002]
(11)
Facilities, other than towers, necessary for
the provision of cable television service to the local community,
except storage or heavy equipment yards.
[Added 6-11-2002 by L.L. No. 3-2002]
(12)
Public self-storage facility.
[Added 10-13-2020 by L.L. No. 4-2020]
C.
Uses permitted only upon issuance of a special permit:
D.
Residential lot and structure requirements: same as
for Residential A District.
Regulations for the Commercial C District shall
be as follows:
A.
Uses permitted after site plan review:
(1)
Retail business.
(2)
Wholesale business.
(3)
Business office.
(4)
Motor vehicle sales.
(5)
Motor vehicle service and repair.
(6)
Veterinary clinic or hospital.
(7)
Mortuary or undertaking establishment.
(8)
Public library or museum.
(9)
Religious use.
(10)
Public park or playground.
(11)
Community center.
(12)
Commercial dry-cleaning and laundry establishment.
(13)
Indoor recreation.
(14)
Public or private school.
(15)
Facilities for the provision of natural gas,
other than containerized natural gas, to the local community, except
storage or heavy equipment yards.
[Amended 6-11-2002 by L.L. No. 3-2002]
(17)
Facilities necessary for the provision of electrical
service to the local community, except storage or heavy equipment
yards.
[Added 6-11-2002 by L.L. No. 3-2002]
(18)
Facilities, other than towers, necessary for
the provision of standard land line telephone service to the local
community, except storage or heavy equipment yards.
[Added 6-11-2002 by L.L. No. 3-2002]
(19)
Facilities, other than towers, necessary for
the provision of cable television service to the local community,
except storage or heavy equipment yards.
[Added 6-11-2002 by L.L. No. 3-2002]
(20)
Public self-storage facility.
[Added 10-13-2020 by L.L. No. 4-2020]
C.
Nonresidential lot and structure requirements:
Regulations for the Industrial A District shall
be as follows:
A.
Uses permitted after site plan review:
(1)
Industrial use.
(2)
Business office.
(3)
Vehicular freight service.
(4)
Retail business.
(5)
Warehouse business.
(6)
Wholesale business.
(7)
Facilities for the provision of natural gas, other
than containerized natural gas, to the local community, except storage
or heavy equipment yards.
[Amended 6-11-2002 by L.L. No. 3-2002]
(8)
Commercial dry-cleaning and/or laundry establishment.
(9)
Public park or playground.
(10)
Research facility.
(13)
Facilities necessary for the provision of electrical
service to the local community, except storage or heavy equipment
yards.
[Added 6-11-2002 by L.L. No. 3-2002]
(14)
Facilities, other than towers, necessary for
the provision of standard land line telephone service to the local
community, except storage or heavy equipment yards.
[Added 6-11-2002 by L.L. No. 3-2002]
(15)
Facilities, other than towers, necessary for
the provision of cable television service to the local community,
except storage or heavy equipment yards.
[Added 6-11-2002 by L.L. No. 3-2002]
(16)
Public self-storage facility.
[Added 10-13-2020 by L.L. No. 4-2020]
(17)
Commercial grow facility/greenhouse.
[Added 8-13-2024 by L.L. No. 2-2024]
B.
Uses permitted only upon issuance of a special permit:
(1)
Storage yard.
(2)
Motor vehicle sales.
(3)
Motor vehicle service and repair.
(4)
Car or truck wash.
(5)
Gasoline station.
(6)
Restaurant.
(7)
Motel or hotel.
(8)
Parking facility.
(9)
Commercial transmitting, relaying or receiving facility.
(10)
Power generating facility.
(12)
Any use on a lot in an industrial zoning district
which is adjacent, disregarding public rights-of-way, to a residential
zoning district any use which is not conducted entirely within an
enclosed building or structure; and any use involving outside storage
of materials, equipment, products or by-products.
C.
Uses requiring site plan review.
D.
Nonresidential lot and structure requirements:
(1)
Lot:
(a)
Minimum area: none.
(b)
Minimum lot width: none.
(c)
Maximum lot coverage: The gross area covered
by buildings, structures, parking lots, storage areas, driveways and
signs shall not exceed 80%. This requirement may be waived by the
Town Board during site plan review or by the Board of Appeals during
special permit review.
E.
Minimum performance standards. The Code Enforcement
Officer shall ensure that the following standards are adhered to within
an Industrial A District by any use which is not exempt from these
standards because of a legal nonconforming use status. Failure to
meet these standards shall be reported to the Town Board, which may
take such actions as it deems necessary in accordance with this chapter,
including but not limited to revoking the certificate of occupancy.
These minimum standards shall be in addition to meeting any and all
federal, New York State and Onondaga County health and safety requirements
and standards.
(1)
Noise. No use within an industrial zone shall emit
a measurable noise which shall be unreasonably loud or disturbing
to surrounding property owners and/or users. The standards for determining
whether a noise is unreasonably loud or disturbing shall be as follows:
(a)
No noise measured at a property line of an industrially
zoned property shall exceed 70 decibels during the period between
6:00 a.m. and 10:00 p.m. or 60 decibels during the period between
10:00 p.m. and 6:00 a.m. The decibel limits shall be decreased by
five decibels for any industrially zoned property adjacent to a residentially
zoned property.
(b)
Sound-pressure levels in decibels shall be measured
on the A-weighted response scale with a meter set to the slow response
mode. Sound level meters used shall have the characteristics defined
in the American National Standards Institute Publication S1.4 1971
(R1983). Measurements shall be conducted in accordance with ANSI S1-36,
1979.
(c)
The sound level may not exceed these established
sound levels by more than six decibels for a period of more than six
minutes during any sixty-minute continuous period.
(d)
Noise as measured at the property line shall not be objectionable due to intermittence, beat frequency, high frequency or other disturbing characteristics. For noises that the Code Enforcement Officer determines to be impulsive in character (example, hammering) or objectionable for any of the other above-noted characteristics, then the standards cited in Subsection E(1)(a) shall be reduced by five decibels. Sounds of short duration, such as impact noises, shall be measured with either an impact analyzer or a sound-level meter having a standardized I (impulse) characteristic.
(e)
Exemptions. The following uses and activities
shall be exempt from the noise level regulations:
[1]
Noises emanating from temporary construction
and maintenance activities between 7:00 a.m. and 6:00 p.m.
[2]
The noises of safety signals, warning devices,
emergency pressure-relief valves or other emergency warning signals.
[3]
Transient noises of moving sources such as automobiles,
trucks, airplanes and railroads. Uses requiring regular deliveries
by truck may be required by the Board with appropriate jurisdiction
to reduce noise levels to an approved level based on proximity of
residential uses. In no case shall the required noise levels be lower
than those outlined above.
(2)
Odor. No use within an industrial district shall emit
an odor that is unreasonably offensive as measured at the property
line of the use.
(3)
Dirt, dust, heat, toxic emissions and radiation interference.
No use within an industrial district shall create or emit dust, heat,
dirt or other particulate matter, radiation, toxic emissions or electronic
or radio interference which shall adversely affect uses on adjacent
or neighboring properties.
(4)
Storage. No goods, materials, waste, trash, garbage
or other matter shall be stored outside of a building without being
fully enclosed to provide both screening, security and containment.
Any exception to this type of storage, such as storage of bulk raw
materials, shall be granted by the appropriate Board during the site
plan review procedure. This storage approval may be revoked if a change
of ownership or use occurs or if the storage results in an adverse
impact on adjacent properties.
(5)
Vibration.
(a)
Ground-transmitted vibration shall be measured
with a seismograph capable of recording simultaneously vibration vectors
in three mutually perpendicular directions.
(b)
"Vibration" is the periodic displacement or
oscillation of the earth.
(c)
For administrative purposes, vibration shall
be measured at or beyond any adjacent lot line or residential district
line, and such measurements shall not exceed the particle velocities
as designated in Table I. The maximum vibration is given as particle
velocity, which may be measured directly with suitable instrumentation
or computed on the basis of displacement and frequency.
[1]
When computed, the following formula shall be
used:
|
P.V.
|
=
|
6.28 D x F
| |
|
Where
| |||
|
P.V.
|
=
|
Particle velocity in inches per second.
| |
|
D
|
=
|
Single amplitude displacement in inches.
| |
|
F
|
=
|
Vibration frequency (Hertz) in cycles per second.
| |
[2]
The maximum particle velocity shall be the maximum
vector sum of the three mutually perpendicular components recorded
simultaneously.
|
Table I
|
|
Maximum Peak Particle Velocity
(inches per second)
| ||||
|---|---|---|---|---|
|
Vibration
|
A*
|
B
|
C
| |
|
Steady state**
|
.02
|
.05
|
.10
| |
|
Impact***
|
.04
|
.10
|
.20
| |
|
NOTES:
* Reduced by 1/2 between 10:00 p.m. and 6:00
a.m.
** STEADY STATE — Vibrations
which are continuous or vibrations in discrete impulses more frequent
than 60 per minute.
| ||||
|
*** IMPACT — Discrete impulses
which do not exceed 60 per minute.
| ||||
|
A = Vibration velocity measured at a residential
district boundary.
| ||||
|
B = Vibration velocity measured at the boundary
of an industrial district and any other district, excluding residential
districts.
| ||||
|
C = Vibration velocity measured at an adjacent
lot line within the industrial district.
| ||||
(6)
Glare. No illumination shall cause direct light rays
to cross any property line in an industrial district. All permanent
outdoor lights, such as those used for area lighting or building floodlighting,
shall be steady, stationary, shielded sources directed to avoid causing
a hazard to motorists or pedestrians or causing direct light rays
on other properties. The marginal increase in light as measured at
any property line other than a street line shall not exceed one footcandle;
only a marginal increase in light of 0.5 footcandle shall be permitted
at any property line which is also a residential district line.
(7)
Procedure.
(a)
New application.
[1]
In the case of any application for the establishment
of a new use subject to these performance standards, the appropriate
review Board may require the applicant, at his own expense, to provide
such evidence as it deems necessary to determine whether the proposed
use will conform to the above standards.
[2]
If the appropriate review Board deems it necessary,
expert advice may be obtained, with the cost of such advice paid for
in advance by the applicant as a condition of further consideration
of his application. The report of any expert consultants shall be
promptly furnished to the applicant.
[3]
During the course of either the site plan or
special permit review, the appropriate Board shall determine whether
the applicant's proposal will conform to the above-noted performance
standards, and this determination shall be a necessary, though not
exclusive, condition for granting the appropriate Board approval.
(b)
Industries which are subject to these performance
standards.
[1]
The Code Enforcement Officer shall investigate
any purported violation of these performance standards by existing
industries which are not exempt from these standards because of a
legal nonconforming use status. If there are reasonable grounds for
assuming that there is a violation of these performance standards,
the Code Enforcement Officer shall notify those responsible for the
alleged violation. Such notice shall describe the particulars of the
alleged violation and shall require a written response or corrective
action to the alleged violation within a reasonable time limit set
by the Code Enforcement Officer, but not to exceed 180 days. The notice
shall state, and it is hereby declared, that failure to reply or to
correct the alleged violation to the satisfaction of the Code Enforcement
Officer within the time limit set shall constitute an admission of
violation. The notice shall state that, upon request of those to whom
it is directed, technical determinations can be made by experts mutually
agreeable to the Code Enforcement Officer and to those responsible
for the alleged violation; in the event of an inability to select
a mutually agreeable expert, the Code Enforcement Officer shall select
the expert. If the expert determines that the violation alleged is
true, then costs of the determinations shall be charged against those
responsible, in addition to any penalties as may be appropriate upon
terms of this chapter; however, if it is determined that no violation
exists, costs of the determinations shall be paid by the Town of Geddes.
[2]
If there is no reply to the notice within the
time limits set (thus establishing an admission of violation as provided
above) and/or the alleged violation is not corrected to the satisfaction
of the Code Enforcement Officer within the time limit set, then the
Code Enforcement Officer shall take such actions as may be appropriate
under this chapter for situations where an admitted violation continues
after notice to cease.
F.
Buffer zone.
(1)
A buffer zone of 25 feet must be established along
all property lines in the industrial zoning district which abut a
residential zoning district boundary.
(2)
The buffer zone must be provided with shrubbery, plantings
and landscaping to provide an opaque barrier between the industrial
use and the adjacent residentially zoned areas. The details of the
landscaping plan must be approved by the appropriate Board during
the site plan review or special permit procedure. There shall be no
buildings or structures constructed in the buffer zone.
(3)
The buffer zone shall be in addition to side and rear
yard setbacks.
H.
Restrictions on adult uses.
[Added 5-8-2001 by L.L. No. 7-2001]
(1)
No adult use shall be allowed or permitted in any
zoning district of the Town, except in Industrial A Districts. All
adult uses shall comply with the applicable provisions of the Code,
including those relating to structures and uses permitted in Industrial
A Districts.
(2)
No person shall construct, establish, operate, or
maintain, or be issued a certificate of occupancy for, any adult use
within the Town unless such use meets the following standards:
(a)
No more than one adult use shall be allowed
or permitted on any one lot.
(b)
No adult use shall be allowed or permitted on
a lot that is within 1,000 feet of:
[1]
A lot on which there is another adult use;
[2]
Any residential district (A, B, C or D) or any
commercial district (A, B or C);
[3]
Any property that is utilized, in whole or in
part, for residential purposes;
[4]
Any church or other regular place of worship,
community center, funeral home, library, school, nursery school, day-care
center, hospital or public park, playground, recreational area or
field;
[5]
Any public buildings; and
[6]
Any hotels or motels.
(c)
Where there is a conflict between the regulations as provided in this § 240-18H and any other law, rule or regulation of the Town, including the Code, the most restrictive law, rule or regulation shall apply.
(d)
All distances set forth herein shall be measured
from lot line to lot line.
(3)
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 other lot, including but not limited to
any lighting, display, decoration, poster, photograph, video, sign,
show, doorway, window, screen or other opening.
Regulations for the Industrial B District shall
be as follows:
A.
Uses permitted after site plan review:
(1)
Business office.
(2)
Research facility.
(3)
Facilities for the provision of natural gas, other
than containerized natural gas, to the local community, except storage
or heavy equipment yards.
[Amended 6-11-2002 by L.L. No. 3-2002]
(4)
Public park or playground.
(6)
Facilities necessary for the provision of electrical
service to the local community.
[Added 6-11-2002 by L.L. No. 3-2002]
(7)
Facilities, other than towers, necessary for the provision
of standard land line telephone service to the local community.
[Added 6-11-2002 by L.L. No. 3-2002]
(8)
Facilities, other than towers, necessary for the provision
of cable television service to the local community.
[Added 6-11-2002 by L.L. No. 3-2002]
(9)
Public
self-storage facility.
[Added 10-13-2020 by L.L. No. 4-2020]
(10)
Motor vehicle service and/or repair.
[Added 5-10-2022 by L.L. No. 1-2022]
(11)
Commercial grow facility/greenhouse.
[Added 8-13-2024 by L.L. No. 2-2024]
B.
Uses permitted only upon issuance of a special permit:
(1)
Industrial use.
(2)
Wholesale business.
(3)
Warehouse business.
(4)
Parking facility.
(5)
Motel or hotel.
(6)
Indoor recreation.
(8)
Any use on a lot in an industrial zoning district
which is adjacent, disregarding public rights-of-way, to a residential
zoning district; and use not confined entirely within an enclosed
building or structure; and any use involving outside storage of materials,
equipment, products or by-products.
C.
Uses requiring site plan review.
E.
Performance standards: same as Industrial A District.
F.
Buffer zone: same as Industrial A District.
[Added 6-10-2003 by L.L. No. 1-2003]
Pursuant to § 240-8 of this chapter, the Town Board of the Town of Geddes hereby establishes an overlay zoning district entitled the "Senior Citizen Residential Overlay District," which district may overlay a portion of a Residential B, Residential C, Commercial A or Commercial B District only, subject to the application procedure and district regulations set forth in this chapter. Any property designated as an overlay district pursuant to this chapter is subject to the district regulations of the underlying district upon which it is imposed as well as the district regulations set forth herein. In the case of any conflict between the district regulations applicable in an existing district upon which the overlay is imposed and those specifically pertaining to a Senior Citizen Residential Overlay District, the latter shall be controlling. In a Senior Citizen Residential Overlay District, no building, premises or part thereof shall be used or occupied and no building or structure shall be erected, enlarged, converted or altered except as provided in this section.
A.
Application.
(1)
Application for the establishment of a Senior
Citizen Residential Overlay District shall be made in writing to the
Town Board by the owner(s) of the land(s) to be included in the district
or by a person or persons holding an option to purchase the lands
contingent upon approval of the application for the change of zone.
In the event that an application is made by a person or person holding
an option to purchase the lands, the application shall be accompanied
by a statement signed by all owners of such land indicating concurrence
with the application. Upon submission of a complete application, the
Town Board may, in its discretion, refer the application to the Town
Planning Board for its review and recommendation.
(2)
Application materials. The applicant shall submit
a site plan drawn to scale to the Town Board consisting, at a minimum,
of the following:
(a)
A metes and bounds description of the proposed
district.
(b)
A survey of the parcel(s) prepared and certified
by a licensed land surveyor.
(c)
A map drawn to scale showing existing conditions
of the parcel, including:
[1]
The name and address of the owner of record
and applicant.
[2]
The name of the person or firm preparing the
map.
[3]
The date, North arrow and scale.
[4]
The names of owners of abutting parcels.
[5]
The acreage of the parcel and the County Tax
Map number.
[6]
The boundaries of the parcel plotted to scale.
[7]
The location and width of existing and proposed
state, county or town highways or streets and rights-of-way abutting
or within 200 feet of the parcel.
[8]
The location and outline of existing structures
both on the parcel and within 100 feet of the property line.
[9]
The location of any existing storm or sanitary
sewers, culverts, waterlines, hydrants, catch basins, manholes, etc.,
as well as other underground or aboveground utilities within or adjacent
to the parcel.
[10]
The existing zoning and location
of zoning boundaries.
[11]
The location and outline of existing
water bodies, streams, marshes or wetland areas and their respective
classification as determined by the appropriate governmental regulatory
body.
[12]
The approximate boundaries of
any areas subject to flooding or stormwater overflows.
[13]
The location and outline of existing
vegetation clusters (for a distance of 50 feet onto adjoining property).
[14]
Freestanding trees with a caliper
of 10 inches or greater located within the parcel.
[15]
Existing contours at an interval
of five feet (or less) and extending no less than 50 feet onto adjoining
property.
[16]
The identification of any other
significant natural features.
[17]
The approximate location and dimensions
of principal and accessory buildings on the site, their relationship
to one another and to other structures in the vicinity, as well as
the number of dwelling units by housing type and size, plus a calculation
of the density, in dwelling units per acre.
[18]
The approximate location and dimensions
of vehicular traffic circulation features of the site, including proposed
roadways, internal driveways, parking and loading areas and proposed
access to the site.
[19]
The approximate location and nature
of pedestrian circulation systems, open space and outdoor recreation
areas on the site.
[20]
The proposed source of water supply
and how it is to be brought to the site.
[21]
A general plan for the collection
and disposal of sanitary wastes from the site.
[22]
A general storm drainage plan
and how it is to be connected to the drainage systems of adjoining
land.
[23]
A preliminary site grading plan
at intervals of five feet.
[24]
Preliminary identification of
areas which will be disturbed and areas which will remain undisturbed
by project implementation.
[25]
All other elements required in
this section.
(d)
A vicinity map showing the proposed use in relation
to adjoining uses, transit service, grocery stores, community facilities,
social service facilities, medical facilities and pharmacy and religious
institutions.
(e)
Preliminary floor plans and building elevations.
(f)
A description of any subsidy program relied
on in development of the project and proposed rents or selling prices
within a reasonable range.
(3)
Said application shall be considered a zone
change application, and any decision of the Town Board to grant such
application shall be a legislative act.
B.
Site plan approval required. In addition to and simultaneous with filing of the written application for a zone change as set forth in Subsection A above, the applicant shall file an application for site plan review. Site plan approval by the Town Board shall be required prior to approval of the zone change application. The applicant shall comply with any and all provisions applicable to site plan review, including but not limited to those contained in § 240-26 regarding site plans and Chapter 100 regarding the payment of developer fees.
C.
Planning Board review.
(1)
Referral and recommendation. If, in its discretion, the Town Board refers a zone change application submitted in accordance with this section to the Town Planning Board, the Planning Board shall respond to the Town Board with a recommendation of approval, approval with modifications or denial, unless the application is abandoned as discussed in Subsection C(2) below.
(2)
Review. In its review of the application, the
Planning Board may require such changes in the preliminary plans as
are found to be necessary or desirable to meet the requirements of
this chapter, to protect the established or permitted uses in the
vicinity and to promote the orderly growth and sound development of
the community. The Planning Board shall notify the applicant of such
changes and may discuss the changes with the applicant. The applicant
may submit to the Planning Board revised preliminary plans incorporating
the changes required. Such resubmission shall be made within such
time as may be allowed by the Planning Board after the notification
by the Planning Board. If such resubmission is not so made in a timely
fashion, the application shall be deemed abandoned.
D.
Town Board approval.
(1)
The Town Board may, following any requested
Planning Board review, public notice and hearing, and site plan approval,
approve the establishment of a Senior Citizen Residential Overlay
District. Approval of said district shall be subject to conditions
imposed on the approval, which in all cases shall include, whether
or not explicitly stated, that all development shall be undertaken
in accordance with the approved site plan. Approval of a Senior Citizen
Residential Overlay District shall be duly noted on the Zoning Map
of the Town of Geddes.
(2)
Criteria for rezoning to Senior Citizen Residential
Overlay District. In determining whether or not to approve a Senior
Citizen Residential Overlay District, the Town may consider, together
with the intent and objectives of this section, whether the proposed
district and development meet the following criteria:
(a)
Whether or not the site is served by both public
water and public sanitary sewer facilities, and said facilities shall
be adequate to accommodate the additional demand placed upon them
by the proposed development.
(b)
Whether or not the site is well drained, and
that stormwater generated by development of the site shall not place
an undue burden on existing drainage facilities or contribute to downstream
flooding.
(c)
Whether or not the site is located in an area
suitable for residential purposes and shall be reasonably free of
objectionable conditions such as odors, noise, dust, air pollution,
high traffic volumes, incompatible land uses and other environmental
constraints.
(d)
Whether or not the site has slopes generally
5% or less, except for natural buffer areas or other areas not planned
for improvements.
(e)
Whether or not the site contains sufficient
natural vegetation and shall be of sufficient size and shape so as
to provide for required buffer areas and open space which are intended
to enhance the aesthetics of the development and minimize detrimental
effects on surrounding properties.
(f)
Whether or not the site is located within reasonable
proximity of necessary day-to-day services and needs of the elderly,
such as stores for groceries and pharmaceuticals, banking and health
services, places of worship and leisure facilities.
(g)
Whether or not the site is located such that
reasonably safe pedestrian paths link the site with nearby services
and activity centers. Roadway traffic volumes and speed, the presence
of sidewalks, their slope and surface material, the nature of street
crossings and the presence of resting areas shall all be considered
in determining the adequacy of pedestrian paths.
(h)
Whether or not the site is located within reasonable
proximity to public transportation service, or, in the alternative,
shuttle bus or other transportation service shall be available to
the site.
(i)
Whether or not the site is located such that
access to the site can be obtained from a public street which meets
current engineering standards of the Town or such other municipal
or governmental entity having jurisdiction over same with respect
to roadway width and alignment and acceptable sight distances can
be developed at the site entry/exit and at intersections in the vicinity
of the site.
(j)
Whether or not the architectural style of the
proposed development, exterior materials, finish and color is consistent
with existing community and neighborhood character, and, said buildings
shall be placed on the site so as to prevent a regimented institutionalized
appearance.
(k)
Whether or not the development of the site produces
undue adverse effects on the surrounding neighborhood.
E.
Special permit approval not required. Approval of
the zone change application and site plan as set forth herein shall
be sufficient and shall supersede any requirement for a special permit
as otherwise set forth in this chapter.
F.
Time limit on validity of approval. Any approval of
a Senior Citizen Residential Overlay District approved pursuant to
this chapter shall be null and void and the zoning of the parcel shall
revert back to its original zoning classification unless a building
permit is applied for and granted and actual construction and/or reconstruction
is commenced within two years from the date of final approval.
G.
Permitted uses. In a Senior Citizen Residential Overlay
District, the principal use shall be multifamily dwelling units especially
designed for senior citizens.
H.
Ancillary uses. The following ancillary uses shall
be permitted in a Senior Citizen Residential Overlay District:
(1)
Accessory buildings and facilities which are
reasonably necessary to meet the proper maintenance, administration,
security, off-street parking, storage, fencing, and utility system
needs of the development.
(2)
The following ancillary uses are permitted in
a Senior Citizen Residential Overlay District, provided that such
facilities are restricted in their use to the residents of the development
and their guests:
(a)
Meeting rooms, multipurpose rooms, lounges,
lobby areas or other common spaces;
(b)
Game rooms, art and craft rooms, workshops,
exercise rooms, or other similar indoor recreation or leisure facilities;
and
(c)
Outdoor sitting areas, game areas, or similar
outdoor recreation or leisure facilities.
(3)
The following ancillary uses are permitted in
a Senior Citizen Residential Overlay District, provided that such
facilities are managed as part of the building and restricted in their
use to the residents of the development:
I.
Occupancy restrictions.
(1)
At least 80% of the occupied units are to be
occupied by a senior citizen family, as defined and described below:
(a)
A single person 55 years of age or older;
(b)
Two or three persons, all of whom are 55 years
of age or older;
(c)
A married couple, the husband or wife of which
is 55 years of age or older;
(d)
One child or grandchild residing with a parent(s)
or grandparent(s) who is 55 years of age or older, provided that such
child is over the age of 18.
(2)
One unit in a Senior Citizen Residential Overlay
District development may be occupied by a project superintendent or
manager and his/her family, without restriction as to age. This unit
shall not be counted in determining percentages of senior occupancy.
(3)
An adult under 55 years of age may be admitted
as a permanent resident, provided that said adult is essential to
the long-term care of an elderly resident as certified by a physician
duly licensed in the State of New York. Such residential unit shall
be considered as meeting the requirements of a senior citizen family
for purposes of this section.
(4)
If otherwise qualified hereunder, the temporary
occupancy by guests of families who reside in the Senior Citizen Residential
Overlay District shall be permitted, provided that such occupancy
does not exceed 14 consecutive days and further provided that such
occupancy is not repeated until a period of 14 consecutive days has
elapsed from the last day of the most recent temporary occupancy by
such person(s). Guests staying overnight shall be required to register
their temporary occupancy with the project manager or building superintendent.
In case of extreme hardship, an application for a temporary extension
may be made to the Town Codes Officer.
(5)
The following shall be permitted but shall not
count toward the required 80% occupancy by senior citizen families:
J.
Residential lot and structure requirements.
(1)
Minimum lot size. Only those parcels consisting
of five acres or more of land shall be eligible for designation as
a Senior Citizen Residential Overlay District.
(2)
Additional requirements. Residential lot and structure requirements for a multiple-family dwelling at set forth in § 240-12D(1) through (3) regarding Residential B District regulations are required.
K.
General requirements.
(1)
Laundry. Self-service laundry facilities (washers
and dryers) adequate to serve the tenants of the development shall
be provided and maintained.
(2)
Indoor community space. An indoor community
space shall be required to provide social and recreational opportunities
for project occupants. Included may be such facilities as game rooms,
meeting rooms, dining rooms, exercise rooms or other space for active
or passive recreation. Such space, exclusive of a common lobby, hallways
and basements, shall be provided at the rate of not less than 20 square
feet per unit.
(3)
A twenty-four-hour emergency phone number shall
be posted in conspicuous locations.
(4)
Outdoor recreation. Usable outdoor recreation
space shall be provided at the ratio of 200 square feet per unit.
Such space shall consist of both active and passive recreation amenities
and may include area for walking paths, games, and shaded sitting
areas near units and along paths. Landscaped areas not improved for
recreational purposes shall not be deemed to satisfy this requirement.
L.
Unit requirements.
(1)
Unit mix. No dwelling unit shall contain more
than two bedrooms.
(2)
Unit size. The minimum permitted habitable floor
area shall be 500 square feet for efficiency (no bedroom) units, 500
square feet for one-bedroom units and 750 square feet for two-bedroom
units.
(3)
Unit density. The maximum number of residents
who may reside in a dwelling unit shall be two persons for efficiency
and one-bedroom units and three persons for two-bedroom units.
M.
Supplementary regulations.
(1)
Landscape buffer areas.
(a)
General requirements. All portions of improved
lots which are not used for buildings, parking, driveways, walkways,
storage or other similar purpose shall be left in their natural state
or devoted to recreation or landscape areas consisting of grass, trees,
shrubs arid other ground cover in such manner as to minimize erosion
and stormwater runoff and maintain or improve the aesthetics of the
lot.
(b)
Landscape buffer. Along the rear and side property
lines, there shall be provided a landscape buffer having a minimum
depth, measured from the property line, equal to 20 feet. No structure,
storage, parking or other use shall be permitted within this buffer
area. This buffer area shall be installed with evergreens at an initial
total height of at least six feet and, when mature, shall be maintained
at a total height of not less than eight feet so as to provide effective
screening. In instances where there is existing vegetation and/or
natural screening within the required landscape buffer, the Town may
accept or requite the retention of such vegetation or screening, incorporate
the same into the landscaping scheme and adjust the amount and/or
required height of new evergreen plantings accordingly.
(c)
Landscape strip. Along the frontage of any public
street, there shall be provided a landscape strip having a minimum
depth of 10 feet measured perpendicular to the street. Said landscape
strip shall be planted with grass, shrubs and other ground cover and
shall, at a minimum, contain shade trees at the rate of one shade
tree per 40 feet of frontage. In instances where there are existing
healthy shade trees of desirable species located within or near the
minimum front yard setback, the Town may permit or require the retention
of these shade trees in lieu of new plantings, provided that the total
number of shade trees is no fewer than what would otherwise be required.
(d)
Parking lot landscaping. Parking areas shall
be screened from adjacent properties. Any parking area of more than
40 paved spaces shall have not less than 10% of the area lying within
the outside perimeter of the parking surface devoted to landscaping
plantings of trees and shrubs as approved by the Town. Landscaped
areas in and adjacent to parking lots shall be designed to be easily
maintained and protected by at least a six-inch nonmountable concrete
or granite curbing.
(e)
Refuse containers. Refuse containers (dumpsters)
shall be screened from view by means of landscaping or an opaque wall
or fence approved by the Town and such containers shall be located
on concrete pads.
(f)
All landscaping and screening devices required
by this chapter shall be placed so they do not project into or onto
adjoining properties. All screening devices and plantings shall be
maintained in a healthy, sound and safe condition at all times.
(g)
All landscaped areas along property lines which
are crossed by access drives may be planted with low shrubs no greater
than three feet high with a branching habit no less than eight feet
wide. No planting shall cause a hazardous condition by interfering
with the normal line of sight needed for safe entering and exiting
maneuvers by pedestrians and motor vehicles.
(2)
Agreements and covenants. The Town shall have
the right to require that an applicant execute such agreements and
covenants as may be required by the Town Board. Said agreements or
covenants shall be such as may be recorded in the County Clerk's office
to constitute a covenant running with the land.
(3)
Outdoor walks, outdoor ramps and driveways.
Due consideration shall be given in planning walks, ramps and driveways
to prevent slipping or stumbling, and handrails and ample places for
rest shall be provided. Pedestrian paths and walks shall be paved,
except for recreational paths and walks, which shall be paved or covered
with wood chips or some other appropriate material in the discretion
of the Town Board. Gradients of paths and walks shall not exceed 5%
and single-riser grade changes in walks shall not be permitted. All
outdoor areas available to the residents shall permit them to move
about without danger and with minimum effort. Where provided, stairs
shall be illuminated and accompanied by handrails and a ramp for wheelchair
access.
(4)
Design. The architectural design of all buildings,
the site selection and recreational facilities must be consistent
with the ultimate purpose of achieving independent, self-reliant and
pleasant living arrangements for senior citizens and should take into
account the desires and needs for privacy, participation in social
and community activities and access to community facilities. At the
same time, provisions should be made to accommodate the limitations
that some times accompany advanced years so that independent living
can be sustained as long as possible.
(5)
Adequate facilities shall be provided for the
removal of snow, trash and garbage and for the general maintenance
of the community.
(11)
Driveway access.
(a)
General. Driveway access to the site shall be
easily identified, adequate to accommodate emergency vehicles and
sufficiently illuminated at night.
(b)
Distance to intersection. No driveway access
shall be located nearer than 75 feet to an intersection unless it
is directly aligned with one of the intersecting streets or except
as otherwise directed by the State or County Highway Departments or
Departments of Transportation.
(12)
Compliance with laws. In addition to the provisions
of this local law, the applicant shall comply with all state and federal
laws, rules and regulations regarding senior citizen housing.
(13)
Report to Town Codes Officer. Following approval
of a Senior Citizen Residential Overlay District and the resulting
construction and/or reconstruction of any buildings or facilities
therein, on a biannual basis, by February 1 for the previous year
and by August 1 for the current year, the applicant shall submit a
written report to the Town Codes Officer verifying that the applicant
has continuously maintained a unit occupancy rate of at least 80%
by senior citizen families. In the interim periods between such submission,
the applicant shall maintain and be able to produce, upon reasonable
notice and request, verification of compliance that the applicant
has maintained a unit occupancy rate of at least 80% by senior citizen
families.
(14)
The Town, in its discretion, shall have the
power to waive or modify any of these requirements, provided that
such waiver or modification will not be contrary to the purpose and
intent of the Senior Citizen Residential Overlay District.
N.
Conflicting provisions. Should any provision of this
chapter pertaining to a Senior Citizen Residential Overlay District
conflict with the provisions of either New York state or federal law,
then the relevant provisions of such New York state or federal law
shall apply.
O.
Violations and penalties for failure to comply. Failure to comply with occupancy requirements or any other provisions of this section shall be considered a violation of this chapter, subjecting the owner and the operator of any such facility to the penalties and additional remedies set forth in Article XI of this chapter.
P.
Severability. If any part or provision of this section
or the application thereof to any persons or circumstances shall be
judged invalid, such judgment shall be confined to the part or application
adjudged to be invalid. Such decision shall not affect the validity
of this section as a whole or any part thereof, other than the part
so decided to be invalid.
[Added 1-12-2016 by L.L.
No. 1-2016]
A.
Purpose and intent. The Town recognizes that billboards are, by their
nature, different in scope and purpose from other types of signage
in the Town. Among other matters, billboards advertise or communicate
goods, services or messages not conducted, sold, or generated on the
lot where the billboard is located. Billboards are significantly larger
in size than other types of signage allowed in the Town and their
principal purpose is to dramatically attract the attention of the
travelling public. The potential impact of a billboard on adjacent
areas is significantly greater than other types of signage. Recently,
more businesses desire to utilize advancements in technology which
permit signs (including billboards) to change copy electronically
(e.g., utilizing an LED or digital type of sign). These newer technologies
exacerbate the potential impact of a billboard in terms of adversely
dominating the environment in which they operate due to light spillover
and light pollution, unless regulated in a reasonable fashion. The
intent of this section is to establish size, location and operating
standards and regulations for billboards, including addressing those
utilizing these newer technologies, in order to minimize the secondary
effects that can accompany the unregulated display of these types
of signs, preserve the character and repose of adjacent areas (with
a principal focus on residential neighborhoods), protect property
values in all areas of the Town, and reduce traffic and similar hazards
caused by undue distractions.
B.
Definitions.
(2)
DIGITAL BILLBOARD — A billboard which incorporates, in
whole or in part, an electronic message.
(3)
ELECTRONIC MESSAGE — A billboard or freestanding sign,
or portion thereof, that can be electronically changed by remote or
automatic means, or that appears to change or have movement caused
by any method other than manually removing and replacing the billboard
or its components,
C.
Locations.
(1)
Billboards shall be limited to property with physical frontage
on, or within 1,500 feet of, Interstate-690 in CB, CC, IA and IB Districts
in the Town.
[Amended 10-12-2021 by L.L. No. 6-2021]
(2)
The parcels which shall be subject to this overlay include:
a) those parcels located parallel to and abutting Interstate-690 from
Tax Parcel No. 017.-01-07.1 southeast to 025.-02-11.0; and b) Tax
Parcel Nos. 017.-01-1.2, 017.-01-2.2., 017.-01-3.1, and 017.-01-10.
[Amended 10-12-2021 by L.L. No. 6-2021]
(3)
All billboards erected pursuant to this section shall comply
with the following location requirements:
(a)
The minimum distance from other existing billboards shall be
1,000 feet.
(b)
The minimum distance from any and all occupied single- or multiple-family
dwelling(s) or occupied dwelling unit(s) within a Residential, Recreational
or Senior Citizen Residential Overlay District shall be 350 feet.
Where the billboard is illuminated, the minimum distance from any
and all occupied single- or multiple-family dwelling(s) or dwelling
unit(s) within a Residential, Recreational or Senior Citizen Residential
Overlay District shall be 450 feet. Under all circumstances, light
shall be shielded from such other properties.
[Amended 3-13-2018 by L.L. No. 2-2018]
(c)
Billboards erected to be visible to drivers on Interstate-690
shall be no further than 660 feet from the nearest highway boundary
of Interstate-690 at a point perpendicular to the centerline of the
highway.[1]
[1]
Editor's Note: Former Subsection C(3)(d), regarding the erection
of billboards, which immediately followed this subsection, was repealed
3-13-2018 by L.L. No. 2-2018.
(4)
Billboards located on top of, cantilevered over or otherwise
suspended above any building or structure are prohibited.
D.
Nonconforming billboards.
(1)
Billboards determined to be nonconforming may be continued,
maintained or decorated, but shall not be physically enlarged or rebuilt.
(2)
Billboards shall correctly advertise a bona fide business, service,
lessor, owner, activity conducted or product available. A billboard
displaying incorrect or no longer relevant information for more than
60 days shall be deemed nonconforming.
(3)
Billboards more than 660 feet from Interstate-690 which are
erected to be visible to drivers on Interstate-690 are prohibited
and shall be deemed nonconforming.
E.
Spacing.
(1)
Not more than three billboards may be located per linear mile
regardless of the fact that such billboards may be located on different
sides of the roadway. The linear mile measurement shall not be limited
to the boundaries of the Town where the particular roadway extends
beyond such boundaries.
(2)
Billboards may not be located within 1,000 feet of another existing
billboard. Linear measurement parallel to the centerline of Interstate-690
shall be used to determine the distance between any two billboards.
F.
Height. The height of the billboard shall not exceed 30 feet above
the highest level of the roadway upon which the billboard faces or
to which the message upon the billboard is directed. In the event
that the billboard is situated upon two roadways having different
levels, the height of the billboard shall be measured from the higher
roadway. A billboard's height, for purposes of this section, shall
be measured from the natural grade at the base of the sign structure
to the highest point of the sign structure.
G.
Size; surface area.
(1)
The surface display area of any side of a billboard shall not
exceed 700 square feet.
(2)
The surface display area of a billboard shall be measured to
include the entire area within a regular geometric form or combinations
thereof comprising all of the display area of the billboard, including
all of the elements of the matter displayed. Frames and structural
members, excluding necessary supports or uprights, shall be included
in computation of surface display area. In the case of a sphere, spheroid,
or similarly shaped billboard (e.g., a ball), the total surface display
area shall be divided by two for determining the maximum surface display
area permitted.
(3)
Tandem or stacked billboards are prohibited.
(4)
Vee-style billboards are permitted.
(5)
Billboards exceeding 440 square feet in area may not be double-faced,
abutting and facing the same direction. Any billboard with a single
sign face divided into separate advertisements, and any billboards
which stand flush to one another (on any side) shall be considered
double-faced.
H.
Illumination.
(1)
All billboards with standard illumination shall be equipped
with a timer so as to only illuminate such billboard for the time
period between one half-hour prior to sunset and one half-hour after
sunrise.
(2)
All digital billboards shall be equipped with a mechanism to
automatically adjust the brightness in response to ambient conditions
and to produce a distinct reduction in the level of illumination for
the time period between 1/2 hour prior to sunset and 1/2 hour after
sunrise. Such billboards shall also be equipped with a means to immediately
turn off the display or lighting if they malfunction, and the billboard
owner shall immediately turn off the electronic messages or lighting
when notified by the Town that it is not in compliance with this local
law.
(3)
The maximum brightness levels of all Billboards shall not exceed
0.2 footcandle over ambient light levels measured within 150 feet
of the source.
I.
Digital billboards
(1)
Location.
(a)
The minimum distance from other existing digital billboards
shall be 2,000 feet. The minimum distance between any two digital
billboards shall be 2,500 feet where both such digital billboards
are visible at the same time.
(b)
The minimum distance of any digital billboard from any and all
occupied single- or multiple-family dwelling(s) or occupied dwelling
unit(s) within a Residential, Recreational or Senior Citizen Residential
Overlay District shall be 750 feet.
[Amended 3-13-2018 by L.L. No. 2-2018]
(2)
Electronic images and messages.
(a)
Format.
[1]
Digital billboards shall contain only a single,
contiguous electronic message on each billboard face.
[2]
Images and messages displayed on digital billboards
shall be static or still images. Animation, video streaming, moving
images, or other pictures and graphics displayed in a progression
of frames that give the illusion of motion or moving objects is prohibited.
[3]
Sequential messaging as part of an electric message
is prohibited. The images and messages displayed on all digital billboards
shall be complete within themselves without continuation in content
to the next image or message or to any other billboard.
(b)
Size. Every line of copy and graphics in an electronic message
shall be at least 12 inches in height. If there is insufficient room
for copy and graphics of this size within the actual copy and graphic
area of a billboard, then no electronic message shall be permitted.
(d)
Emergency and public messages. Digital billboards shall be made
available to the Town, county, and state emergency services in case
of emergency or for such matters as Amber Alerts.
(3)
Safety technology. Electronic messages shall be designed and
equipped to freeze the device in one position if a malfunction occurs.
The displays must also be equipped with a means to immediately discontinue
the display if it malfunctions, and the billboard owner must immediately
stop the electronic message when notified by the Town that it is not
complying with the standards of this section. Prior to issuing any
necessary permits for an electronic message, the applicant shall submit
to the Town written verification from the manufacturer that the digital
billboard is so designed and equipped.
J.
Construction and maintenance.
(1)
A billboard shall be constructed in such a fashion that it will
withstand all wind and vibration forces that can normally be expected
to occur in the vicinity and in compliance with all applicable codes.
(2)
A billboard shall be maintained so as to assure proper alignment
of structure, continued structural soundness and continued readability
of message.
K.
Other applicable laws. A billboard must comply with all applicable
provisions of federal and state law, and all other relevant regulations
and ordinances of the Town.
