A.
Intent. Off-street parking, loading and stacking requirements
and regulations are established in order to achieve the following
purposes:
(1)
To relieve congestion so that streets can be utilized
more fully for movement of vehicular traffic.
(2)
To promote the safety and convenience of pedestrians
and shoppers by locating parking areas so as to lessen car movements
in the vicinity of intensive pedestrian traffic.
(3)
To protect adjoining residential neighborhoods from
on-street parking.
(4)
To promote the general convenience, welfare and prosperity
of business, service, research, production and manufacturing developments
which depend upon off-street parking facilities.
(5)
To ensure that parking facilities are designed with
careful regard to orderly arrangement, topography, landscaping, ease
of access and their development as an integral part of an overall
site design.
(6)
To provide regulations and standards for the development
of off-street parking, loading and stacking facilities in accordance
with the objectives of the town's Comprehensive Plan.
B.
Scope of regulations. Off-street parking, loading
and stacking facilities shall be provided as a condition precedent
to occupancy of all buildings:
(1)
Whenever a new building is constructed or new use
established.
(2)
Whenever an existing building is altered and there
is an increase in the number of building units, seating capacity or
floor area of the building.
(3)
Whenever an existing building is changed to more intensive
use requiring more off-street parking, loading or stacking facilities.
C.
Continuation of facilities. Off-street parking, loading
and stacking facilities in existence on the effective date of this
chapter and those required shall be continued and maintained in operation
and shall not be reduced below the requirements of this chapter during
the period that the principal use is maintained unless an equivalent
number of spaces shall be provided for said use in another location
approved by the Building Inspector.
D.
Units of measurement.
(1)
Employees. Whenever parking requirements are based
on the number of employees, it shall mean the maximum number of employees
on duty on the premises at one time or any two successive shifts,
whichever is greater.
(2)
Net floor area. "Net floor area" is the total floor
area less permanent concourses, stair halls, lobbies, elevator shafts,
areas permanently devoted to warehousing and rooms housing equipment
servicing the entire building.
(3)
Fractional requirements. When units of measurement
used in computing the number of required off-street parking, loading
and stacking spaces result in the requirement of a fractional space,
the nearest whole number of such spaces shall be required.
(4)
Gross floor area. "Gross floor area" is the total
floor area of a building. A basement or cellar not used for the activity
shall not be counted.
(5)
Seating capacity. Seating capacity shall be computed
as the number of seating units installed or indicated on plans, which
shall not be less than one unit per 15 square feet of floor area;
where units are not indicated on the plan, it shall be assumed that
seating units will be provided at a ratio of one for each 10 square
feet of floor area.
E.
Schedule of parking and stacking requirements.
[Amended 5-17-2000 by L.L. No. 5-2000]
(1)
Minimum parking requirements. Off-street parking facilities
shall be provided in quantities not less than as set forth in the
following schedules (handicapped parking shall be as required by the
New York State Department of Motor Vehicles):
|
Use
|
Required Number of Spaces
| ||
|---|---|---|---|
|
Auditoriums, gymnasiums, theaters and other
places of public assembly other than banquet halls
|
1 per every 5 seats
| ||
|
Bed-and-breakfast establishments and tourist
homes
|
1 for each guestroom unit and 2 for the owner
| ||
|
Bowling alley
|
6 per alley
| ||
|
Church, synagogue or any other place of public
worship
|
1 per 4 seats
| ||
|
Convalescent or nursing home
|
1 per each 3 beds
| ||
|
Dormitory or fraternity or sorority house
|
1 per each 2 occupants
| ||
|
Dwelling
|
2 per dwelling unit
| ||
|
Dwellings for elderly persons
|
1 per dwelling unit
| ||
|
Furniture, home furnishings and equipment sales
|
1 per each 700 square feet of net floor area
| ||
|
Hospitals
|
2.5 per bed
| ||
|
Hotels and motels
|
1 per guest room and conference unit, plus 1
per each 6 seats in restaurant/bar area
| ||
|
Industrial plants, wholesale distributors, laboratories,
general commercial and other services; machine shop
|
1 per employee
| ||
|
Library, museum or art gallery
|
1 per each 300 square feet of gross floor area
| ||
|
Medical and dental clinics and offices
|
1 per each 100 square feet of net floor area
| ||
|
Mobile home lot
|
2 per each lot
| ||
|
Mortuaries or funeral homes
|
15 per parlor
| ||
|
Offices not otherwise specified
|
1 per each 200 square feet of net floor area
| ||
|
Private club or lodge
|
As required for assembly and restaurant facilities
therein
| ||
|
Public and semipublic buildings (including government
buildings)
|
1 per each 200 square feet of net floor area
devoted to office use or as required for assembly areas therein, whichever
is higher
| ||
|
Restaurant/bar and banquet hall
|
1 per each 3 seats and 1 per each 100 square
feet for customer self-service or takeout area
| ||
|
Restaurants, takeout service only
[Amended 2-3-2016 by L.L.
No. 1-2016] |
1 per each 100 square feet of gross floor area
| ||
|
Retail stores and service not a part of a shopping
center
| |||
|
Food, less than 4,000 square feet of net floor
area
|
8 per 1,000 square feet; minimum of 5
| ||
|
Other
|
5.5 per 1,000 square feet of net floor area
| ||
|
Roadside stands
|
3 minimum
| ||
|
Schools, public and private, nursery and primary
Shopping centers
|
2 per classroom, plus spaces required for assembly
area
| ||
|
5.5 per each 1,000 square feet of net floor
area
| |||
|
Permanent recreational uses, in addition to
spaces required for areas devoted to uses specified above
| |||
|
Ice-skating and roller rinks
|
1 per each 250 square feet of gross floor area
devoted to the activity
| ||
|
Health and swimming
|
1 per each 50 square feet of gross floor area
and pool area devoted to the activity
| ||
|
Tennis clubs
|
3 per court
| ||
|
Golf courses and driving ranges
|
3 per hole, minimum of 10
| ||
|
Conservation clubs
|
10 minimum
| ||
|
Miniature golf
|
1.5 per hole
| ||
|
Dancing studios
|
1 per 75 square feet of gross floor area devoted
to the activity
| ||
|
Marina
[Amended 7-20-1988 by L.L. No. 3-1988] |
1 per each 8 boat slips, plus 1 for 75% of cars
and boat trailers anticipated during peak use
| ||
|
New and used car facilities
|
10, minimum, for customers
| ||
|
Automobile collision; repair shops and gasoline
stations
|
2 per bay, 6 minimum
| ||
(2)
Minimum stacking requirements. In addition to minimum parking requirements established by Subsection E(1), the following stacking areas are required. The size of each space shall be 20 feet in length by nine feet in width.
|
Use
|
Required Number of Spaces
| ||
|---|---|---|---|
|
Rapid car wash
|
35 per stall
| ||
|
Coin car wash
|
5 per stall
| ||
|
Drive-in bank
| |||
|
Accessory to bank office
|
8 per booth, customer facility or service window
| ||
|
Not accessory to bank office
|
10 per booth, customer facility or service window
| ||
|
Self-service gas station
|
4 per pump
| ||
|
Other drive-in facility
|
5 per booth, customer facility or service window
| ||
(3)
Modifications of requirements.
(a)
Variation of requirements. The parking, stacking
and loading requirements applicable to a lot may be varied by the
Planning Board where it finds that the objectives of this section
can be met with respect to that lot and the specific activity or use
to be conducted thereon with reduced facilities.
(b)
Public parking facilities available. The parking
spaces required hereunder may be modified by the Planning Board after
receiving a recommendation from the Building Inspector where he finds
that free parking areas or publicly owned parking areas are accessible
within 600 feet and where land is not available for development of
off-street parking as required herein or where public transportation
is used extensively.
(c)
Parking for single and mixed uses. A building
occupied by one use shall provide the off-street parking spaces as
required for the specific use. A building or group of buildings occupied
by two or more uses operating normally during the same hours shall
provide spaces amounting to not less than the sum of the spaces required
for each use. For a multiple development, parking spaces shall be
provided as required for the total area of the building or buildings
as set forth in said schedule instead of the requirements based on
each separate use. For the purposes of this subsection, a "multiple
development" shall be defined as four or more offices or commercial
or industrial establishments or enterprises, or combinations thereof,
which are located in a single building or in two or more buildings
developed as a part of a single integrated development.
(d)
Joint use of parking facilities.
[1]
Churches, civic clubs, community centers, auditoriums,
lodge halls, gymnasiums and stadiums may make arrangements with business
establishments which normally have different hours of operation for
sharing up to, but not more than, 50% of their requirements in nearby
parking areas which are accessory to such business uses; provided,
however, that where there is a sharing of facilities by different
owners or tenants there shall be an agreement covering a period of
time as may be required by the Town Board, and provided further that
should any of the uses be changed or the facilities discontinued,
then the required spaces for the use or uses remaining shall be provided
elsewhere as a condition precedent to the continued use of said building
or buildings.
[2]
Where churches, civic clubs, community centers,
auditoriums, lodge halls, gymnasiums and stadiums share parking facilities
with nearby business establishments, such parking facilities shall
be located within 250 feet of the property line of said use.
(e)
Accessory uses. No off-street parking shall
be required for uses accessory to hospitals or convalescent or nursing
homes or for an accessory restaurant used primarily for students,
patients, tenants or employees occupying a principal use.
F.
Design regulations.
(2)
Location of off-street parking facilities.
(b)
Civic uses and places of assembly. Driveways
and parking areas serving churches, clubs, community centers and other
public facilities within or adjacent to a residential district may
not be located within required side and rear yards, and driveways
only may be within the front yard. Driveways and parking areas shall
be located not less than 25 feet from any adjacent residential lot
lines.
(c)
Business and industrial districts.
[1]
In all business and industrial districts, off-street
parking, loading and stacking facilities shall be provided on the
same lot as the principal use or on another lot zoned business or
industrial, the nearest point of which shall be within 250 feet from
the nearest entrance of the building served.
[2]
Restricted parking lots permitted only in R-1,
R-1-L, R-2, MFR-3 and MFR-4 Districts. The Town Board may direct the
Building Inspector to issue a permit for the parking, loading or stacking
area in such residential districts if, after public hearing advertised
in the manner required by law and written notification to property
owners within a radius of 500 feet and after receiving a recommendation
from the Planning Board, it finds that:
[a]
The proposed parking, loading or
stacking area to be accessory to a business use will not increase
the congestion on adjoining residential streets in such a way as to
promote a traffic hazard or a nuisance to adjoining residents;
[b]
The proposed lot will be properly
screened, lighted and designed so as to prevent nuisance to adjoining
residents;
[c]
The proposed lot will be landscaped
as required by this chapter;
[d]
The lot will be suitable for the
proposed use;
[e]
The lot shall not provide more
than 25% of the required parking, loading and stacking area;
[f]
At least 100 feet of said lot shall
abut or be directly across the street or alley from the business use
to which it is accessory;
[g]
The lot shall not extend more than
250 feet from the nearest property line of the business district;
[h]
The lot shall be used for the purpose
of passenger automobiles only, and no commercial repairs, sales or
services shall be conducted thereon; and
[i]
Driveways and parking areas shall
be located not less than 25 feet from any adjacent residential lot
line.
(3)
Parking limitations: automobile service facilities.
Damaged or disabled motor vehicles shall not remain parked in an unenclosed
or unfenced area in excess of 96 hours.
(4)
Parking, stacking and loading area improvements applicable
to all districts. Parking, stacking and loading areas and access driveways
shall be designed, graded, constructed, altered and maintained as
follows:
(a)
Grading and paving. Parking, stacking and loading
areas and access driveways shall be graded and drained so that the
surface water shall not be allowed to flow onto adjacent properties.
Parking areas and driveways shall be constructed as required by the
town's adopted building code, as amended.[1]
(b)
Features. Parking, stacking and loading areas
shall be arranged, marked and maintained as shown on the parking,
loading and stacking plan approved as a part of the site plan in order
to provide for orderly and safe parking, loading and storage of vehicles.
The Planning Board may also require structural or landscape features,
including, without limitation, bumper guards, curbs, walls or fences,
to further carry out the objectives of this chapter. A compact evergreen
hedge, shrubs or other screening by a substantially solid fence between
parking areas and the side or rear lot line of a residential district
may also be required in accordance with the standards established
in other sections of this chapter.
(c)
Illumination. Parking, loading and stacking
areas shall be illuminated only to the extent necessary to ensure
the public safety. Illumination shall not be used for the purpose
of advertising or attracting attention to the principal use. Lighting
fixtures shall be designed, sized and located so as not to cast direct
rays upon adjoining premises or cause glare hazardous to pedestrians
or persons using adjacent public streets.
(d)
Pedestrian walks. Pedestrian walks between parking
areas and buildings shall be provided to assure pedestrian safety.
(5)
Driveways to parking areas. Entrance and exit driveways
serving parking facilities, drive-in businesses, fee parking lots
and public parking lots shall be provided in location, size and number
so as to interfere as little as possible with the use of adjacent
property and the flow of traffic on the streets to which they connect.
G.
Loading facilities. Loading and unloading facilities
shall be provided and maintained as long as such building is occupied
or unless equivalent facilities are provided in conformance with the
regulations of this section.
(1)
Allocation of use. Space required and allocated for
any off-street loading facility shall not be used to satisfy the space
requirements for off-street parking or stacking. An off-street loading
space shall not be used for repairing or servicing of motor vehicles.
(2)
Location of facility. All required loading facilities
shall be related to the building and use to be served to provide for
loading and unloading of delivery and other service vehicles and shall
be so arranged that they may be used without blocking or otherwise
interfering with the use of accessways, parking or stacking facilities,
public streets or sidewalks. A required loading space shall not face
or be visible from the frontage street and shall not be located in
a required front yard nor a required side or rear yard if adjoining
a residential district.
(3)
Access driveways. Each required off-street loading
space shall be designed for vehicular access by means of a driveway
or driveways to a public street in a manner which will least interfere
with adjacent traffic movements and interior circulation.
(4)
Minimum size criteria. A required off-street loading
space shall be at least 12 feet wide by at least 20 feet in length.
The above area shall be exclusive of the maneuvering space, and each
loading facility shall have a vertical clearance of at least 14 feet.
(5)
Schedule of required loading facilities. Off-street
loading spaces shall be provided as required herein for the following
uses:
|
Use/Gross Floor Area of Single- Enterprise
Building or per Enter- prise Within a Building
(square feet)
|
Required Number of Spaces
| ||
|---|---|---|---|
|
Retail stores and services, all types
| |||
|
Under 5,000
|
1
| ||
|
5,000 to 20,000
|
2
| ||
|
20,000 to 50,000
|
4
| ||
|
50,000 to 100,000
|
6
| ||
|
Printing, publishing, warehouses and storage
establishments
| |||
|
Under 40,000
|
2
| ||
|
40,000 to 100,000
|
4
| ||
|
Manufacturing and processing of products
| |||
|
Under 20,000
|
2
| ||
|
20,000 to 40,000
|
4
| ||
|
Each additional 25,000
|
1 additional
| ||
A.
Intent. It is the purpose and intent of this section
to:
(1)
Protect and promote the public health, safety and
general welfare by requiring the landscaping of multifamily residential
and all nonresidential developments, including parking areas.
(2)
Establish minimum standards and criteria for the landscaping
of multifamily residential and all nonresidential developments, to
dissuade the unnecessary clearing and disturbing of land so as to
preserve the natural and existing growth of flora and to replace removed
flora or plant new flora indigenous to the Western New York region.
(3)
Reduce the effects of wind and air turbulence, heat
and noise and the glare of automobile lights.
(4)
Provide unpaved areas for the absorption of surface
waters.
(5)
Reduce the level of carbon dioxide and return pure
oxygen to the atmosphere.
(6)
Prevent soil erosion.
(7)
Provide shade.
(8)
Conserve and stabilize property values and to otherwise
facilitate the creation of a convenient, attractive and harmonious
community.
(9)
Relieve the blighted appearance of parking areas.
(10)
Generally preserve a healthful and pleasant
environment.
C.
General provisions.
(1)
Developments of attached dwelling units in the MFR-3
and MFR-4 Districts and all nonresidential developments otherwise
subject to site plan review shall meet the requirements of this section.
A landscape plan shall be submitted and approved as a part of this
review procedure.
(2)
The landscape plan shall be drawn to scale, including
dimensions and distances, and shall clearly delineate existing and
proposed structures, use, parking areas, access aisles, drainage pattern
and the location, size and description of all landscape materials
existing and proposed, including all trees and shrubs, and to include
those existing plant materials that are to be removed and such other
information as may be required by the Building Inspector and the Planning
Board.
D.
Standards and criteria.
(1)
A minimum ground area of not less than 15% of the
total lot area shall be landscaped and shall be the landscaped area
required.
(2)
The arrangement and spacial location of a landscaped
area shall be disbursed throughout the development site.
(3)
Not less than 5% of the interior of a parking area
designed for 20 cars or more shall be devoted to the required landscaped
area and shall be distributed so as to prevent unsightliness and monotony
of parked cars.
(4)
Landscaping shall provide privacy and screening for
adjacent land uses, with visual, noise and air quality factors considered.
(5)
Landscape treatments shall be designed as an integral
part of the entire development.
(6)
Vegetation shall be compatible with soil conditions
on the development site and the regional climate.
(7)
Existing natural features and vegetation shall be
preserved and incorporated into the landscaped area wherever possible.
(8)
The primary emphasis of the landscape treatment shall
be on trees, and efforts shall be made to preserve existing trees.
Shrubbery, hedges, grass and other vegetation should be used to compliment
the use of trees but shall not be the sole contribution to the landscape
treatment.
(9)
The interior dimensions of any area or median shall
be a minimum of seven feet wide to ensure the proper growth of materials
planted therein.
(10)
All trees planted shall have a minimum caliper
of 2.5 inches six inches above the ground.
(11)
Plastic or other types of artificial plantings
or vegetation shall not be permitted.
(12)
Parking, loading and stacking areas and driveways
located adjacent to residential districts shall be landscaped by screening
and/or buffering. Such screening and/or buffering shall be so designed
that a person standing on the adjacent residential parcel on the minimum
setback line, five feet above the average finished grade, would not
be able to perceive by eye any uses, activities or automobile lights
originating from said parking, loading or stacking areas or driveway.
This standard may be met by using various techniques, such as fencing,
plant materials, earthen berms or combinations thereof. Such techniques
can be applied within the required side and rear yards.
E.
Parking credits for landscaping. The Planning Board,
as a part of site plan review, may reduce the minimum number of off-street
parking spaces required by this chapter by not more than 10%, provided
that the land area so removed is not used to meet the landscaped area
herein required and is used exclusively for landscaping in accordance
with the standards and criteria hereof. If at any time thereafter
the Planning Board determines that the land area so removed is needed
to provide necessary off-street parking, it may order the installation
thereof. Any certificate of occupancy issued for any parking area
and the building served thereby shall be deemed conditional upon the
possible requirement for the future installation of the additional
off-street parking, upon such order by the Planning Board. Failure
to comply with such an order within the time fixed thereby shall constitute
a violation of this chapter.
F.
Maintenance and enforcement. All landscaped areas
required and/or permitted by this section shall be maintained and
preserved according to the plan as originally approved or as amended
by the Planning Board. Flora which dies shall be replaced within the
next planting season by plantings of a similar nature.
[Amended 3-21-1990 by L.L. No. 3-1990; 3-6-1991 by L.L. No. 5-1991; 9-15-1993 by L.L. No. 6-1993; 11-1-2006 by L.L. No. 10-2006; 5-26-2010 by L.L. No. 1-2010; 12-5-2012 by L.L. No. 7-2012]
A.
Intent. The intent of this section is to promote and protect the
public health, safety, and welfare by regulating existing and proposed
signage of all kinds. It is intended to reduce the visual hazards
that may be created by signage obstructions and distractions, protect
property values, prevent the occurrence of visual blight, enhance
the appearance and character of the community, protect the natural
and scenic beauty, and enhance the business and economic climate.
B.
General design guidance for signage. The Town wishes to promote signs
that enhance the character of the community and aesthetic appearance
of the Town's corridors while affording businesses within the Town
an opportunity to adequately and feasibly advertise their enterprise.
The Town also wishes to allow some flexibility in the design of signage
and encourage applicants to be creative in the design of signage.
In order to accomplish this, rather than making specific design regulations
that might discourage creative and attractive signage, the Town of
Evans Sign Design Guidelines were developed to offer applicants guidance
in designing signage that is encouraged. Signs located in the Town
shall comply with the Town of Evans Sign Design Guidelines.
C.
Applicability. No sign, sign member, or sign support structure shall be erected, placed, constructed, altered, rebuilt, or relocated in the Town of Evans without first obtaining a sign permit from the Code Enforcement Officer (and approval from the Planning Office where applicable; see § 200-29J). No permit shall be required for general maintenance and repair of existing signs, sign members, and sign support structures, so long as there are no changes to the appearance, size, or placement of the sign, sign member, or sign support structure.
D.
General regulations. The general regulations contained in this subsection
shall apply to all signs and use districts in the Town of Evans.
(1)
Any illuminated sign or lighting device used to illuminate a sign
shall employ only lights emitting a light of constant intensity, and
with the exception of electronic message signs as defined herein,
no sign shall be illuminated by or contain flashing, intermittent,
rotating, or moving lights. In no event shall any illuminated sign
or lighting device used to illuminate a sign be placed so as to permit
the beams and illumination therefrom to be directed upon a public
street, highway, sidewalk, or adjacent premises so as to cause glare
or reflection that may constitute a traffic hazard or public nuisance.
The full number of illuminating elements of a sign shall be kept in
working condition or immediately repaired or replaced when not in
working order. Overhead wires or exposed wires on a sign or its supporting
structures are prohibited.
(2)
Where a sign has only two faces that are back to back and cannot
be viewed concurrently, the area of one face shall be the face area
of the sign. Where a sign has more than two faces or where two faces
can be viewed concurrently, the cumulative area of all sides of the
sign shall make up the total face area of the sign.
E.
Prohibited signs. The following signs are prohibited in the Town
of Evans.
(1)
Flashing signs. No sign shall be illuminated by lights that are not
of constant intensity or that contain flashing, intermittent, rotating,
or moving lights.
(2)
Signs on public property. No sign shall be located within a public
right-of-way or on other public property without authorization from
the Code Enforcement Officer.
(3)
Rotating, revolving, or moving signs. No sign or part of a sign shall
rotate, revolve, or involve any other movement.
(4)
Obstructing signs.
(a)
No sign shall be located in a manner that creates a traffic
hazard by obstructing the view at any street intersection or by design
resemblance, through color, shape, or other characteristics, to common
traffic control devices.
(b)
No sign shall prevent or obstruct ingress and egress of any
walkway, door, window, or fire escape.
(5)
Billboards. No sign shall be designed and/or used to attract attention
to a place, commodity, service, activity, event, person, institution,
organization, or business not available or located on the premises
where the sign is located.
(6)
Signage on motor vehicles/trailers. No sign shall be located on a
motor vehicle or motor vehicle trailer in which:
(a)
The motor vehicle is not operable.
(b)
The motor vehicle does not display a valid vehicle registration.
(c)
The sign advertises a place, commodity, service, activity, event,
person, institution, organization, or business that is not directly
related to the operation of the motor vehicle/trailer.
(7)
Roof signs. No sign shall be erected, placed, constructed, supported,
or located upon or above the highest part of the roofline.
F.
Signs permitted in all districts without a permit. The following
signs are permitted in all zoning districts without requiring a permit
from the Code Enforcement Officer or Planning Office, so long as specific
standards for each sign are met:
(1)
Governmental signs: signs located and maintained pursuant to and
in discharge of any governmental function.
(2)
Trespassing signs: a sign located on private property that prohibits
trespassing. Such signs shall not exceed two square feet.
(4)
Gasoline price signs: a sign located on a gasoline pump or service
island canopy advertising the cost of gasoline. Such signs shall not
exceed one square foot per price advertised.
(5)
Political signs: a sign that supports or opposes a political candidate,
political issue, political referendum, or political party and subject
to the following:
(6)
Historical markers: a sign, tablet, marker, or plaque indicating
an historical event, name of an historical building, or date of erection.
Such signs shall not exceed six square feet.
(10)
Real estate signs: a sign advertising the sale, rental, or lease
of the premises, or part thereof, and subject to the following:
(a)
Only one on-premises real estate sign for each building, unit,
or lot advertising the sale, rental, or lease of the premises on which
the sign is located.
(b)
Shall not exceed six square feet except in business and industrial
zones, where signs shall not exceed 32 square feet.
(c)
Shall be located on the lot for which the premises or part thereof
is for sale, rent, or lease.
(d)
Shall not be illuminated.
(11)
Address signs: a sign indicating the name of the occupants of
a building and the address of the building.
(12)
Construction signs: a sign providing information about current
or proposed construction on a site and the parties involved, subject
to the following:
(a)
Only one construction/project sign is permitted and it must
be placed on the site of the premises where construction, repair,
or renovation is in progress.
(b)
Shall not exceed 32 square feet.
(c)
Shall not exceed five feet in height.
(d)
Shall not be illuminated.
(e)
Shall be removed once project construction is completed.
(13)
Menu board signs: a sign displaying the products and bill of
fare for a drive-through establishment, subject to the following:
(a)
Establishments that contain a drive-through facility are permitted
a maximum of two menu boards located on site.
(b)
Each menu board shall not exceed eight feet in height.
(c)
Menu board signs that contain speakers for communication shall
not be located within 75 feet of a dwelling.
(d)
May be internally illuminated.
(14)
A-frame signs: a portable temporary sign of durable construction
either suspended from a wire frame or connected at the top and generally
angled down on either side in the shape of an "A," also called a "sandwich
board sign," subject to the following:
(a)
Only one A-frame sign permitted per establishment.
(b)
Shall only be displayed during hours of operation and then stored
within the building or other structure while not in operation.
(c)
Shall not be located in a manner that obstructs pedestrian or
vehicular access or causes a safety hazard.
(d)
Shall not be located within the right-of-way.
(e)
Shall not incorporate changeable message signage.
(f)
Shall not exceed eight square feet.
(g)
Shall not exceed four feet in height.
(h)
Shall not be illuminated.
G.
Temporary signs requiring a permit. The following temporary signs are permitted in all zoning districts and require issuance of a permit from the Code Enforcement Officer (see § 200-29J for procedures):
(1)
Signs advertising new business enterprises which are awaiting erection
of permanent signs, for a period not exceeding 90 days.
(2)
Business enterprises which have lost the use of an existing sign
by reason of fire or other catastrophe and are awaiting replacement
of the sign, for a period not exceeding 90 days.
(3)
Temporary banners, posters, and signs (one per business and not to
exceed 45 square feet) in connection with the principal uses or activity
on the premises, for a period not exceeding 90 days per permit and
not to exceed 180 days per calendar year.
(4)
Temporary banners, posters, and signs within or above a public right-of-way
(one per business and not to exceed 45 square feet) for a period not
to exceed 30 days. The Code Enforcement Officer shall also determine
the acceptability of the size and location of said banner. A public
liability bond or policy in the sum of at least $50,000 may be required
by the Code Enforcement Officer for each banner which extends across
the sidewalk, street, or highway. All banners must be securely fastened
to buildings or structures.
H.
Permanent signs requiring a permit from the Code Enforcement Officer. The following signs are permitted, subject to the following standards, and require issuance of a permit from the Code Enforcement Officer (see § 200-29J for procedures):
(1)
Agricultural districts. The following signs shall be permitted in
the agricultural districts, subject to the following regulations:
(2)
Residential districts. The following signs shall be permitted in
the residential districts, subject to the following regulations:
(a)
One permanent freestanding sign not exceeding 32 square feet
in sign face area and four feet in height indicating the name of a
residential subdivision or development.
(b)
One permanent freestanding sign not exceeding 32 square feet
in sign face area, located on the premises of a public, charitable,
or religious institution, shall be permitted, but not less than 25
feet from any lot line and no more than six feet in height above the
finished grade.
(c)
One permanent building sign or freestanding sign not exceeding six
square feet in area shall be permitted on the premises of a bed-and-breakfast
establishment. Such sign shall not be internally illuminated but may
be lit from an external light source, provided it is shielded to prevent
glare.
[Added 2-3-2016 by L.L.
No. 1-2016]
(3)
Community facility, business, and industrial districts. The following
signs shall be permitted in the community facilities, business, and
industrial districts, subject to the following provisions:
(a)
Under-canopy signage. One under-canopy sign may be permitted
for each establishment or enterprise, not to be included as part of
the overall building signage permitted per building, subject to the
following:
[1]
Under-canopy signage shall be suspended perpendicular to the
building front.
[2]
Under-canopy signage shall not exceed 12 square feet in sign
face area.
[3]
Under-canopy signage shall have a vertical dimension not exceeding
18 inches.
[4]
The minimum clearance between the finished grade and the lowest
member of an under-canopy sign shall be eight feet.
(b)
Awning signage. One awning sign may be permitted for each establishment
or enterprise, not to be included as part of the overall building
signage permitted per building, subject to the following:
[1]
Awnings shall be constructed of durable vinyl, canvas, or other
material capable of withstanding the impacts of weather.
[2]
Awning signage shall constitute no greater than 50% of the awning,
up to a total of 32 square feet.
[3]
Awning signage shall consist of individual characters, symbols,
and logos permanently affixed to the awning, with the background of
the sign consisting of the awning material only.
[4]
Awning signage shall not be illuminated.
I.
Permanent signs requiring a permit from the Code Enforcement Office and additional approval from the Planning Office (see § 200-29J for application procedures), and subject to the following standards:
(1)
Community facility, business, and industrial districts. The following
signs shall be permitted in the community facilities, business, and
industrial districts, subject to the following provisions:
(a)
Building signage.
[1]
Building signs shall be permanently affixed to a building.
[2]
Total maximum sign face area of all building signs, other than
temporary signs, under-canopy signs, awning signs, or signs not requiring
a permit, shall be as indicated in Table 200-29A, Maximum Building
Sign Face Area.
[3]
The total maximum face area that building signs shall be permitted
to occupy is related to the scale of the building and the size of
the front side of the building, known as the "building frontage."
Where a building fronts on more than one street, the building frontage
shall be that facing the street with the greatest amount of street
frontage.
[4]
Signs mounted parallel (flush) to a building surface shall not
protrude more than 12 inches from the building surface.
[5]
Signs mounted perpendicular to a building surface (projecting
signs) shall be attached to the building at a ninety-degree angle
and shall not protrude more than six feet from the building surface.
The width of the sign that is perpendicular to the sign face shall
be no more than six inches.
[6]
Building signs shall not be painted directly on the building.
|
Table 200-29A: Maximum Building Sign Face Area
| |||
|---|---|---|---|
|
Maximum Face Area
(square feet)
| |||
|
ZONING DISTRICT
|
Building Frontage of 0 to 79 Feet
|
Building Frontage of 80 to 159 Feet
|
Building Frontage of 160+ Feet
|
|
Neighborhood Business (NB)
|
40
|
60
|
80
|
|
General Business (GB)
|
60
|
140
|
200
|
|
Motor Vehicle Service (MS)
|
60
|
140
|
200
|
|
Light Industrial (LI)
|
60
|
120
|
180
|
|
General Industrial (GI)
|
60
|
120
|
180
|
|
Public Facilities (PF)
|
40
|
60
|
100
|
|
Recreational Facilities (RF)
|
40
|
60
|
100
|
(b)
Freestanding signage.
[1]
The Town wishes to promote the use of monument signs by allowing
a larger sign face area if a monument sign is chosen over a pole sign
as a freestanding sign.
[2]
Table 200-29B, Maximum Freestanding Sign Face Area, identifies
the maximum sign face area permitted for freestanding signs where
a pole sign is used and the bonus maximum sign face area permitted
where a monument sign is used. For the purposes of this Code, a ground
sign shall be considered a monument sign.
[3]
Regardless of the type of freestanding sign, only one freestanding
sign is permitted per parcel.
[4]
Freestanding signs shall be set back a minimum of 10 feet from
a street right-of-way or any property line, 10 feet from any side
or rear property line, and 20 feet from any property line of an adjacent
residential lot or residentially zoned lot.
[6]
Monument signs are subject to the following regulations:
[a]
Support structures for monument signs shall be
clad in stone, brick, or other masonry, decorative wood or metal,
or other architecturally significant materials.
[b]
If a single support system is used, such support
system shall have a width equal to or greater than 50% of the sign
face it supports.
[Added 2-3-2016 by L.L.
No. 1-2016[1]]
[1]
Editor’s Note: This local law also provided for the
redesignation of former Subsection I(1)(b)[6][b] as Subsection I(1)(b)[6][c].
[c]
Monument signs consisting of a maximum height of
less than six feet may contain an enclosed base. Monument signs consisting
of a maximum height of six feet or greater may not consist of an enclosed
base, and the distance between the lowest member of the sign (not
including support structures) and the finished grade shall be at least
six feet.
[7]
Landscaping.
[a]
Landscaping shall be planted near the base of each
freestanding sign.
|
Table 200-29B: Maximum Freestanding Sign Face Area
| ||||
|---|---|---|---|---|
|
Freestanding Sign
(only one permitted per lot)
| ||||
|
Pole Sign
|
Monument Sign
| |||
|
ZONING DISTRICT
|
Maximum Face Area
(square feet)
|
Maximum Height
(feet)
|
Maximum Face Area
(square feet)
|
Maximum Height
(feet)
|
|
Neighborhood Business (NB)
|
Not permitted
|
NA
|
32
|
5
|
|
General Business (GB)
|
32;
48 for multiple development
|
15
|
64;
96 for multiple development
|
15, except 20 for properties fronting Route 20
|
|
Motor Vehicle Service (MS)
|
32;
48 for multiple development
|
15
|
64;
96 for multiple development
|
15, except 20 for properties fronting Route 20
|
|
Light Industrial (LI)
|
32;
48 for multiple development
|
15
|
64;
96 for multiple development
|
15, except 20 for properties fronting Route 20
|
|
General Industrial (GI)
|
32;
48 for multiple development
|
15
|
64;
96 for multiple development
|
15, except 20 for properties fronting Route 20
|
|
Public Facilities (PF)
|
32
|
15
|
64
|
15
|
|
Recreational Facilities (RF)
|
32
|
15
|
64
|
15
|
(c)
Multiple developments.
[1]
For the purposes of this subsection, a "multiple development"
shall be defined as a development consisting of four or more retail,
office, or other commercial/industrial establishments or enterprises,
or combinations thereof, which are located in a single building or
in two or more buildings developed as part of a single integrated
development.
[2]
In multiple developments, each individual establishment or enterprise
shall be permitted to have one building sign, not to be counted as
part of the overall building sign face area permitted under the Maximum
Building Sign Face Area and Maximum Freestanding Sign Face Area tables
to be affixed to the fascia of the building so long as the individual
building sign does not exceed 32 square feet.
[3]
A multiple development shall be permitted one freestanding sign
advertising the name of the development and the tenants within the
development only.
(d)
Changeable message signs (electronic variable message and manual
changeable message).
[1]
Each parcel is permitted one manual changeable message sign
or electronic variable message sign to be counted as a part of the
overall sign face area of the freestanding sign.
[2]
Changeable message signs shall be incorporated into the overall
design and construction of a freestanding sign or located on the same
supporting members as the freestanding sign. Changeable message signs
are not permitted as part of any other signage and are not permitted
as stand-alone signs.
[3]
Manual changeable message signs. Manual changeable message signs
are only permitted in the community facility, business, and industrial
districts, subject to the following:
[a]
Manual changeable message signs shall be enclosed
with vinyl or other protective covering. Open-air and exposed manual
changeable message signs are not permitted.
[b]
Manual changeable message signs shall consist of
a single color background.
[c]
Manual changeable message signs shall not constitute
greater than 60% of the total sign face area of a freestanding sign,
up to a maximum size of 18 square feet.
[Amended 7-16-2014 by L.L. No. 3-2014]
[d]
The maximum vertical distance of any changeable
copy sign is three feet.
[e]
Manual changeable message signs may be internally
lit.
[4]
Electronic variable message signs. Electronic variable message
signs are only permitted in the General Business, Light Industrial,
General Industrial, Public Facilities, and Recreational Facilities
Zoning Districts subject to the following:
[a]
Electronic variable message signs shall be enclosed
with vinyl or other protective covering. Open-air and exposed electronic
variable message signs are not permitted.
[b]
Electronic messages must remain unchanged for a
minimum of 10 seconds (with the exception of temperature displays
which may change more frequently).
[c]
The maximum size of all electronic variable message
signs is 32 square feet.
[d]
All electronic variable message signs shall be
encased with aluminum or other metal or be incorporated within the
freestanding sign.
[e]
All electronic variable message signs shall be
set back a minimum of 100 feet from any residence.
J.
Application for sign permits.
(1)
Applications for sign permits are required for all signs falling under § 200-29I and shall be filed with the Planning Office, or designee, which will be responsible for reviewing these applications and issuing approvals. Following approval from the Planning Office, the Code Enforcement Officer will be responsible for issuing a sign permit.
(3)
Applications for sign permits to the Planning Office shall be accompanied
by the following:
(a)
Name and address of the applicant and owner of the property.
If the applicant is not the owner of the property or building, the
applicant shall provide written consent from the owner that the applicant
can act on his/her behalf.
(b)
A survey of the property indicating the proposed location of
the freestanding sign.
(c)
A color rendering or photo of the sign, including dimensions,
and indicating the type of materials used to construct the sign and
type of illumination, if any.
(4)
Review by the Planning Office.
(a)
Upon receipt of an application to erect, place, construct, alter, rebuild, or relocate a sign, sign member, or sign support structure, the Planning Office, or designee, shall determine its completeness and compliance with the § 200-29 and the Sign Design Guidelines.
(b)
The Planning Office may request additional information from
the applicant.
K.
Schedule of Fees. Each application for a sign permit shall be accompanied
by a fee payment, as determined by the Town's Schedule of Fees.
L.
Nonconforming signs.
(1)
Any sign conforming to the regulations prevailing prior to the effective
date of this chapter but that do not conform to the regulations herein
or subsequent amendments thereto shall be considered a nonconforming
sign.
(2)
Any sign that represents a use that has ceased operation for a period
of 12 consecutive months or for 18 months during a three-year period
shall be considered nonconforming.
(3)
A nonconforming sign may not be used, altered, rebuilt, or relocated
without complying with the regulations set forth in this chapter and
other applicable regulations.
(4)
A sign or part thereof which has been blown down, destroyed, or otherwise
removed for any purpose other than repair shall not be used, altered,
rebuilt, or relocated unless it complies with the provisions of this
chapter and other applicable regulations.
(5)
Whenever an area is transferred from one zoning district to another,
the above provisions for nonconforming signs shall apply to nonconforming
signs created by such transfer.
(6)
A nonconforming sign shall be permitted to undergo general maintenance
and repair without having to conform to the signs regulations set
forth in this chapter, so long as there are no changes to the appearance,
size, or placement of the sign, sign members, or sign support structure.
M.
Maintenance of signs.
(1)
All signs affixed to any wall, building, post, or other support structure
shall be securely fastened thereto.
(2)
All signs and sign structures shall be maintained in good repair
and condition. Any illumination of signs shall be maintained in operable
condition. Any light or other illumination method that displays an
intensity that is different from other lights or illumination fixtures
or that does not provide a consistent light intensity shall be repaired.
(3)
No owner, lessee, or user of a sign, or sign permit holder, shall
permit a dangerous or defective sign to remain on such property.
N.
Removal of signs.
(1)
Signs, sign members, and sign supporting structures which no longer
serve the use/purpose for which they were intended or which have been
abandoned shall be removed by the owner, lessee, or user thereof,
or the permit holder upon which such sign is located, within six months
after its abandonment.
(2)
Temporary signs shall be removed by the owner, user of the sign,
or sign permit holder upon expiration of a temporary sign permit.
Failure to promptly remove temporary signs shall constitute a violation.
(3)
Upon failure to comply with a written notice, fines, and the revoking
of a sign permit, the Code Enforcement Officer shall remove or cause
to be removed the sign in violation and may cause to be assessed against
the property all costs and expenses incurred.
(4)
The Code Enforcement Officer shall remove or cause to be removed
any sign that is illegally placed within a public right-of-way or
that causes an immediate safety or security hazard and shall cause
to be assessed against the property all costs and expenses incurred.
A.
Intent. Within the districts established by this chapter
or amendments that may be adopted, there exist lots, structures, uses
of land and characteristics of use which were lawful before this chapter
or amendments thereto were passed but which would be prohibited, regulated
or restricted under terms of this chapter or future amendments. Regulations
for the continuance, maintenance, repair, restoring, moving and discontinuance
of nonconforming lots, structures, land and uses are established for
the following purposes:
(1)
To permit these nonconformities to continue, but to
minimize any adverse effect on the adjoining properties and development.
(2)
To regulate their maintenance and repair.
(3)
To restrict their rebuilding if substantially destroyed.
(4)
To require their permanent discontinuance if not operated
for certain periods of time.
(5)
To require conformity if they are discontinued, to
bring about eventual conformity in accordance with the objectives
of the Comprehensive Plan and this Zoning Chapter of the town.
B.
Nonconforming lots of record.
(1)
In any residential district in which single-family
detached dwellings are permitted, a single-family detached dwelling
and customary accessory structures may be erected on any single lot
of record not less than 5,000 square feet in area nor less than 50
feet in width at the building line at the effective date of adoption
or amendment of this chapter, notwithstanding limitations imposed
by other provisions of this chapter. Such lot must be in separate
ownership and not of continuous frontage with other lots in the same
ownership.
(2)
This provision shall apply even though such a lot
fails to meet the requirements for area or width, or both, that are
generally applicable in the district, provided that yard dimensions
and requirements other than those applying to area or width, or both,
of the lot shall conform to the regulations for the district in which
such a lot is located. Variance of yard requirements shall be obtained
only through action of the Board of Appeals.
(3)
If two or more lots or combination of lots or portions
of lots with continuous frontage in single ownership are of record
at the time of passage or amendment of this chapter and any lots do
not meet the requirements established for width and area, the lands
involved shall be considered an undivided parcel for the purposes
of this chapter. The provisions of this subsection shall not apply
if any portion of said parcel shall, after the adoption of this chapter
or amendment, be used or divided in a manner which prevents or diminishes
compliance with the requirements established by this chapter or amendment
thereto.
C.
Nonconforming uses and structures.
(1)
Except as hereinafter authorized, nonconforming use
of land shall not be enlarged or increased or extended to occupy a
greater area of land than was occupied at the effective date of adoption
or an amendment of this chapter, nor shall any existing conforming
structure devoted to a use not permitted by this chapter in the district
in which it is located or a nonconforming structure itself or its
use, if nonconforming, be enlarged, extended, constructed, reconstructed
or moved except in changing the use of the structure to a use permitted
in the district in which it is located or to make the structure conforming.
[Amended 4-17-1996 by L.L. No. 4-1996; 11-1-2006 by L.L. No.
10-2006]
(a)
Restoration of a damaged use or structure. If
a nonconforming use or structure is destroyed or damaged by fire,
other casualty, act of God or by the public enemy to the extent of
less than 75% of its value immediately prior to the occurrence, it
may thereafter be reconstructed or repaired and occupied. In all other
cases, the nonconforming use shall be terminated and any nonconforming
structure shall be demolished. Application for a building permit to
repair, replace or reconstruct a partially destroyed or damaged use
or structure as herein authorized must be made within six months of
the occurrence, and the repair, replacement or reconstruction must
be completed within six months following the issuance of the permit
or the nonconforming status of the use or structure shall be terminated
and any nonconforming structure then remaining shall be demolished.
(b)
Nonconforming single-family detached dwelling
units may be enlarged, provided that the enlargement meets provisions
of this chapter.
(2)
Superseding a nonconforming use by a permitted use.
Any structure, land or structure and land in combination in or on
which a nonconforming use is superseded by a permitted use shall thereafter
conform to the regulations of the district.
(3)
Moving a nonconforming use or structure. A nonconforming
use or structure shall not be moved for any reason other than to conform
to the regulations for the district in which it is located after it
is moved.
(4)
Discontinuing or abandoning a nonconforming use or
structure. A nonconforming use or structure discontinued or abandoned
for 12 consecutive months or for 18 months during any three-year period
shall not thereafter be used or occupied except in conformity with
the regulations of the district in which it is located. Discontinuance
of the active and continuous operation of a nonconforming use or a
part or portion thereof for a period of 12 consecutive months or 18
months during any three-year period, as the case may be, is hereby
construed and considered to be an abandonment of such nonconforming
use regardless of any reservation of an intent not to abandon the
same or of an intent to resume active operations. If actual abandonment
in fact is evidenced by the removal of buildings, structures, machinery,
equipment and other evidence of such nonconforming use of the land
and premises, the abandonment shall be construed and considered to
be completed within a period of less than 12 consecutive months, and
all rights to reestablish or continue such nonconforming use shall
thereupon terminate.
(5)
Nonconforming parking, loading and stacking facilities.
A structure, use or occupancy existing lawfully at the time this chapter
or any amendment thereto becomes effective but which does not conform
to the off-street parking, loading and stacking regulations may be
occupied or continued without such parking and/or loading spaces being
provided. Any such spaces that may be provided thereafter shall comply
with the regulations of this chapter. If an existing structure, use
or occupancy is altered so that there is an increase in the number
of dwelling units, seating capacity or floor area or if the use or
occupancy is changed to one requiring more off-street facilities,
then off-street parking, stacking and loading spaces shall be provided
at least equal to the number required for the increased area for the
structure or use in accordance with all provisions of this chapter.
D.
Repair and maintenance.
(1)
On any nonconforming structure or portion of a structure
containing a nonconforming use or occupancy, ordinary repair work
may be done or repairs or replacements of nonbearing walls, fixtures,
wiring or plumbing may be made, provided that the square footage existing
when it became nonconforming shall not be increased.
[Amended 4-17-1996 by L.L. No. 4-1996]
(2)
If a nonconforming structure or portion of a structure
containing a nonconforming use becomes physically unsafe or unlawful
due to lack of repairs or maintenance and is declared by any duly
authorized official to be unsafe or unlawful by reason of physical
condition, it may be strengthened or restored to a safe condition
upon order of an official charged with protecting the public safety.[1]
[1]
Editor’s Note: Former Subsection E, Cessation, which
immediately followed this subsection, was repealed 9-5-2018 by L.L.
No. 8-2018.
[1]
Editor’s Note: Former § 200-31, Minimum building
lines on major streets, as amended, was repealed 9-5-2018 by L.L.
No. 8-2018.
Flagpoles and chimneys and radio or television
antennas located upon and constituted as an integral part of a principal
structure may be erected above the height limit specified but are
limited to a height not exceeding 60 feet above the average finished
grade. Mechanical space for building equipment placed on the building
roof may be allowed above the maximum height specified, provided that
such mechanical space is set back a minimum of 15 feet from any exterior
wall, does not exceed 15 feet in height and is screened from view.
All bulk combustible or flammable liquids shall
be stored in underground storage tanks of such capacity as permitted
and approved by the National Board of Fire Underwriters, except that
aboveground propane storage may be permitted by the Town Board by
the issuance of a permit.
A.
No fence or wall in a residential district shall exceed
six feet in height except where it abuts a nonresidential district,
in which event it shall not exceed eight feet in height; provided,
however, that a wire fence not exceeding 12 feet in height enclosing
a tennis court shall be permitted. For the purpose of screening, the
Planning Board may require fences, vegetation or other appropriate
material in nonresidential districts where they abut residential districts
to assure privacy for adjacent land uses, with visual, noise and air
quality factors considered.
B.
In no event shall fences or walls in nonresidential
districts abutting residential districts exceed eight feet in height.
C.
Within nonindustrial and nonagricultural districts,
no fence or wall, other than a necessary retaining wall, over four
feet in height shall extend into the front yard of any lot.
[Amended 4-17-1996 by L.L. No. 4-1996; 11-1-2006 by L.L. No.
10-2006]
D.
The height of all fences or walls shall be measured
from the average finished grade of the lot.
E.
Electric fences shall be set back 15 feet from all property lines
and shall require a permit from the Code Enforcement Office.
[Added 5-15-2013 by L.L. No. 4-2013]
Clear vision shall be maintained on corner lots
in a triangle formed between points on the front and side lot lines
35 feet from their intersection. Within that area no fence, wall,
ornamental gate or portal, bushes or shrubbery shall be permitted
higher than two feet above the average finished grade of the lot.
Trees shall be permitted within the area only if maintained and trimmed
so that no branches or foliage are less than eight feet above the
average finished grade of the lot.
A.
Cornices and eaves may project not to exceed 18 inches
over any required yard or court.
B.
Sills, loaders, belt courses and similar ornamental
or structural features may project six inches into any required yard
or court. An open fire balcony or fire escape or a fire tower may
project into a required yard not more than four feet.
C.
Ground-story bay windows, oriels or balconies having
a combined total width not exceeding one-half (1/2) the length of
the wall to which they are attached may project not more than three
feet into any required yard. An open porch not over one story high
may project into any required side yard, provided that it does not
come nearer the side lot line than a distance equivalent to 1/2 the
width of the side yard required as a minimum for that lot. No porch,
oriel, bay window, balcony or stairway constructed under the provisions
of this subsection shall have a width or a greater dimension in excess
of twice the distance of its projection. An open porch or entranceway
may project not to exceed eight feet into a required front or rear
yard. A bay window not over one story high may project four feet into
a required front yard. Such bay windows shall not occupy more than
one-half (1/2) of the wall to which they are attached. Where part
of the front wall encloses garage space, such wall space shall not
be used to figure length of the bay windows.
D.
A chimney, smokestack, flue or elevator shaft may
project into any yard or court required as a minimum, provided that
the horizontal section of the projection does not exceed 12 square
feet in any residence district or nine square feet in any other district
and provided that it does not come nearer the side lot line than a
distance of three feet.
Ornamental gates and portals may be constructed
in any district but only on private property and may be located in
a required yard.
No lot shall be divided so that the yards or
other required open spaces shall be smaller than required by this
chapter.
This chapter shall not abrogate or contain any
subsurface rights acquired by deed or lease, but all surface and above-surface
structures in conjunction therewith shall be subject to the regulations
hereby established.
In any business or industrial district where
outdoor storage is permitted, the yard and landscaping requirements
for parking, loading and stacking areas shall apply to the storage
areas.
[Added 6-5-1991 by L.L. No. 11-1991]
The use of any land within the Town of Evans
for any of the following purposes is prohibited:
[Added 1-21-1998 by L.L. No. 1-1998]
A.
Intent. It is the purpose and intent of this section
to protect and promote the public health, safety and general welfare
by requiring the property owner, be it private dwelling or business,
to affix house numbers on his/her structures to aid emergency services
personnel in the prompt identification of the affected structures.
B.
House numbers shall be affixed to the structure in
a prominent location, facing the principal street, immediately adjacent
to the front door or if no door is present, adjacent to the corner
of the house closest to the driveway.
(1)
House numbers shall be 4 1/2 inches in
height and be constructed of reflective material.
(2)
If the structure is not visible from a public
or private road, the numbers shall be permanently affixed to a post
or a panel immediately adjacent to the entrance driveway of said structure.
(3)
New structures shall have numbers permanently
affixed upon completion of siding, or prior to issuance of a certificate
of occupancy.
(4)
Existing structures shall have one year to come
into compliance, after the adoption of this section.
C.
Enforcement will be the duty of the Town of Evans
code enforcement officers.
D.
Penalties. Any violation of this section is hereby
deemed and declared an offense, punishable by a fine not to exceed
$25 or imprisonment for a period not to exceed 15 days, or by both
such fine and imprisonment.
E.
Definitions. The word "shall" is mandatory; the word
"may" is permissive; the word "should" is to be interpreted as expressing
that which is essential. The word "structure" as used in this article
shall mean a dwelling or any building used for commercial or residential
purposes.
