Town of Evans, NY
Erie County
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Table of Contents
Table of Contents
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.
(6) 
Parking space: as required in Subsection F.
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.
(1) 
Parking area dimensions. Parking areas shall be designed with dimensions in accordance with the following:
(a) 
Minimum stall shall be 9 feet by 19 feet for lots.
(b) 
Parallel (curbside) spaces shall be 8 feet by 22 feet.
(2) 
Location of off-street parking facilities.
(a) 
Residential districts and uses.
[1] 
Enclosed or open parking facilities as required shall be provided on the same lot as the dwelling unit served.
[2] 
Commercially licensed motor vehicles used solely by the occupant of the premises: refer to § 200-17D.
(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]
[1]
Editor's Note: See Ch. 70, Building Construction.
(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.
B. 
(Reserved)[1]
[1]
Editor's Note: Former Subsection B, Definitions, was repealed 5-26-2010 by L.L. No. 1-2010. See now § 200-7, Definitions.
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.
(3) 
Directional signs: a sign located on private property that directs traffic throughout a site and subject to the following:
(a) 
Shall not exceed four square feet.
(b) 
Shall not exceed two feet in height.
(c) 
Shall not include any logo, business name, or other advertising.
(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:
(a) 
Shall not be placed before 30 days prior to an election or referendum.
(b) 
Shall be removed within seven days following an election or referendum.
(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.
(7) 
Merchandise signs: a sign that advertises garage sales, auctions, and other owner merchandise sales, subject to the following:
(a) 
Shall not be displayed for a period exceeding 10 days per event.
(b) 
Shall not be attached to utility poles or trees.
(8) 
A roadside stand selling agricultural produce grown on the premises in season, providing that the sign does not exceed 32 square feet, subject to the following:
(a) 
Shall not be located within the right-of-way.
(b) 
Shall be removed at the end of the season.
(9) 
A freestanding seasonal off-premises sign advertising agricultural produce not exceeding 16 square feet.
(a) 
Shall not be located within the right-of-way.
(b) 
Shall be removed at the end of the season.
(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:
(a) 
One permanent building or freestanding sign shall be permitted for permitted agricultural or other businesses conducted on the premises, subject to the following:
[1] 
Shall not exceed 32 square feet in sign face area.
[2] 
Shall not exceed six feet in height.
[3] 
Shall not be illuminated.
(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.
[1] 
Signs shall not be internally illuminated but may be lit from an external light source.
[2] 
Only monument signs are permitted. Pole signs are not permitted.
(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.
[1] 
Only monument signs are permitted. Pole signs are not permitted.
[2] 
Signs shall not be internally illuminated but may be lit from an external light source.
(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.
[5] 
Pole signs are subject to the following regulations:
[a] 
Such signs shall be supported wholly by a pole or poles.
[b] 
The lowest member of a pole sign, excluding the pole, shall not be less than eight feet from the finished grade of a roadway, driveway, walkway, or parking area beneath such sign.
[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.
(2) 
Signs falling under § 200-29G and H do not require an application or approval from the Planning Office but do require issuance of a permit from the Code Enforcement Officer.
(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.
E. 
Cessation. The following nonconforming uses may be continued for a period of three years from the adoption of this chapter, provided that after the expiration of such period any such nonconforming use shall become an unlawful use and shall be terminated:
(1) 
In any residential district, a nonconforming use not in an enclosed building.
[Amended 3-5-1997 by L.L. No. 5-1997]
The minimum building set-back, as measured from the centerline of the street, shall be 135 feet on the following streets, and, except as provided in § 200-17A and for the following streets, such setback shall supersede any setbacks set forth elsewhere in this chapter:
Street Name
Location
Minimum Distance
(feet)
Eden Evans Center
Entire length from Eden Town line to North Main Street
135
Old Lake Shore Road
South side: From but not including SBL#192.19-4-1 (a development lot on the west side of Peppertree Dr.) to Dennis Road
135
North side: From Hamilton Road to Shell Road
135
Route 5
South side: From 18 Mile Creek to Revere Drive
135
From and including Evans Square Plaza, SBL#206.07-2-20.1 to but not including New Era Cap SBL#220.00-3.26.1
From Beach Road west to Lake Street
From Commercial Street west to Town line
North side: From 18 Mile Creek to Revere Drive
From Nettlecreek Road to but not including Ferber Automotive SBL#220.00-2-13
From Beach Road west to Lake Street
Lake Street
From Herr Road west to Town line
Route 20
Entire length
135
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:
A. 
Dump or sanitary landfill.
B. 
Garbage, refuse and/or waste disposal area or facility.
[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.