§ 120-50Applicability to all districts.
§ 120-51Use limitations.
§ 120-52Lots in two districts.
§ 120-53Parking requirements.
§ 120-54Public utilities.
§ 120-55Sand- and gravel pits, rock quarries
§ 120-56Dumping of garbage and rubbish.
§ 120-57Storage of flammable liquid or
§ 120-58Height exceptions.
§ 120-59Accessory building location in
§ 120-60Area and width requirements for
lots of record.
§ 120-61Street or right-of-way frontage
§ 120-62Clear sight triangles.
The provisions of Articles III, IV, V and VI shall be subject to additional requirements, limitations and exceptions in accordance with the remaining sections of this Article. Unless otherwise specified, such supplementary regulations shall apply in all districts.
In no case shall an accessory use dominate, in extent or purpose, the principal use of land or building, except that required accessory uses such as vehicle parking areas may be larger than the building area.
Garages; accessory buildings; toolsheds.
In any residential district, no private garage or other accessory building shall be erected before the main building has been started, and under no condition shall a garage or other accessory building be used for living quarters unless attached to a dwelling.
In any residential district with a minimum of five acres, one toolshed not to exceed 500 square feet may be erected prior to the main building, with approval by the Town Building Inspector.
In any residential district with less than five acres, one toolshed is allowed not to exceed 150 square feet.
Any and all tools and other items must be stored inside the toolshed when the owners are not present at the property.
In any R-A or R-1 District, the permitted accessory uses shall not include the establishment of any new access driveway to business or industrial premises, the storage of flammable liquids of Class I or Class II in quantities greater than 300 gallons on any lot or any home occupation which is noxious or offensive by reason of dust, fumes, gas, noise, odor, refuse matter, smoke, vibration, unreasonable use of lights or nighttime operation.
In no case shall a permitted, accessory or special use of property cause unreasonable inconvenience or annoyance so as to be intolerable to any reasonable person.
Garage and yard sales.
"Garage and yard sale" is defined as the sale or offering for sale of new, used or secondhand items of personal property at any one residential premises at any one time. It includes all sales in residential areas entitled "garage sale," "yard sale," "tag sale," "porch sale," "lawn sale," "attic sale," "basement sale," "rummage sale," "flea market sale" or any similar casual sale of tangible personal property.
It includes all residential dwellings located within any type of zoning district.
It shall be unlawful for any person to conduct or participate in more than three garage sales in any one calendar year with a minimum of 30 days between any such sales. Such sales shall be limited in time to no more than daylight hours of three consecutive days.
Any person, firm or corporation who or which shall violate any part of this subsection shall, upon conviction therefor, be subject to a fine not to exceed $250. Every day that a violation of this subsection continues shall constitute a separate offense.
Drainage. No drainage of any kind whether by ditch, tile, pipe or other shall be installed or altered to allow the end of such ditch, tile, pipe or other, to end at property lines or to create an issue for adjoining property owners. The setback of such drainage shall follow the setbacks of accessory structures for that zoning. The minimum setback is 10 feet.
Where a district boundary line divides a lot in single or joint ownership of record at the time such line is established, the regulations for the less restricted portion of such lot shall extend not more than 30 feet into the more restricted portion, provided that the lot has frontage on a street or highway in the less restricted portion.
At the time any main building is erected or altered or any new use of land commenced, off-street parking spaces as hereinafter specified shall be provided on the same lot therewith and shall be furnished with necessary passageways and driveways. All such space shall be deemed to be required space on the lot on which it is situated and shall not be encroached upon or reduced in any manner. All parking areas, passageways and driveways, except where provided in connection with one family residences, shall be surfaced with a dustless, durable, all-weather pavement, clearly marked for car spaces, and shall be adequately drained, all subject to the approval of the Town.
For the purpose of this chapter, a parking space shall be an area nine feet wide and 18 feet long, exclusive of passageways and driveways appurtenant thereto and providing access thereto.
None of the off-street parking facilities as required in this chapter shall be required for any existing building or use unless said building or use shall be enlarged.
The collective provision of off-street parking areas by two or more buildings or uses located on adjacent lots is permitted, provided that the total of such facilities shall not be less than the sum required of the various buildings or uses computed separately, and further provided that the land upon which the collective facilities are located is owned or leased by one or more of the collective users.
All parking areas and appurtenant passageways and driveways serving commercial uses shall be illuminated adequately during the hours between sunset and sunrise when the use is in operation. Adequate shielding shall be provided by commercial users to protect adjacent residential zones from the glare of such illumination and from that of automobile headlights.
Off-street parking areas located in commercial zones and which provide parking for 20 or more vehicles shall be provided with shade trees of a type approved by the Town Engineer and located not greater than 60 feet on center.
Minimum parking space requirements. Minimum parking space requirements shall be as follows. (Where there are no specific requirements specified in this subsection, the Town Board shall determine the requirements using the following as a general guide.)
Automobile and gasoline service station: At least one space for each gasoline pump, grease rack or similar service area, and one additional space for each 500 square feet of gross floor area of the shop or garage, with a minimum of five spaces.
Automobile sales establishments, flower or plant nursery or landscape gardener's business: at least one space for every 1,000 square feet of the areas used for such purposes.
Boarding- or rooming houses: at least one space for each rental unit, plus one additional space for the owner or manager.
Church or other place of worship: at least one space for each four seats or equivalent accommodation provided.
Commercial or personal service establishment: at least one space for each 150 square feet of gross first floor area, plus one additional space for each 200 square feet of additional gross floor area.
Educational institution, public or private: at least one space for each two employees, including teachers and administrators. Sufficient off-street parking space for the safe and convenient loading and unloading of students. Additional facilities for student parking, taking into consideration the total number of students driving automobiles. The requirements for stadium, gymnasium and auditorium use shall be in addition to these requirements.
Nursing home or eleemosynary or philanthropic institution: at least one space for each two employees, plus such additional facilities for residents and visitors as shall be deemed necessary by the Planning Board.
Home occupation or home professional office: at least one parking space in addition to the requirement for the dwelling unit, plus one additional space for every full-time employee, except that, in the case of doctors and dentists, three parking spaces in addition to the requirement for the dwelling unit, plus one space for every full-time employee shall be required.
Industrial or manufacturing establishments: one space for each 400 square feet of floor area, exclusive of storage space, but need not exceed one parking space for each person employed.
Medical or dental practitioner's office: at least five spaces for each professional person occupying or using each office, plus an additional space for each employee.
Mortuary or funeral home: at least one parking space for each eight seats in the chapel, one additional space for each resident family and one additional space for each funeral vehicle.
Motel, hotel, auto court, motor lodge or tourist court at least one space for each guest or sleeping room, plus one space for each employee.
Multifamily dwelling: at least two spaces for each dwelling unit.
Office building, professional building or similar building or similar use: at least one space for each 200 square feet of gross floor area.
One- or two-family detached dwelling: at least two spaces per dwelling unit.
Private club or union hall: at least one space for each 100 square feet of gross floor space.
Publicly owned or operated building and use, such as a library, museum or post office: at least one space for each 100 square feet of gross floor space.
Restaurant or similar place dispensing food, drink or refreshments: at least one space for each 50 square feet of floor area devoted to patron use.
Shopping center: at least seven parking spaces for each 1,000 square feet of gross leasable area.
Roadside farm produce stand: adequate parking to eliminate traffic hazards.
Bowling alley: five spaces per bowling lane.
The provisions of this chapter shall not be construed to limit or interfere with the construction or operation for public utility purposes of water and gas pipe, electric light and power transmission and distribution lines, communication lines, oil pipelines, sewers and incidental appurtenances or with any highway or railroad right-of-way existing or hereafter authorized by the Town of Holland, County of Erie or State of New York. The above exceptions shall not be construed to permit service yards, repair garages or other service or storage structures or uses by said public utilities, except as otherwise permitted by this chapter.
The excavation or quarrying, stockpiling and sale of sand, gravel, rock, shale, clay or other natural mineral deposits (except topsoil) may be permitted in a C-OS or R-A District if approved by special permit of the Town Board, subject to conditions which, in the opinion of the Town Board, will protect nearby property owners and occupants against unreasonable nuisances and hazards during the period of operations and will assure such final grading and other treatment as will produce a safe and useful area when operations have been discontinued. The Town Board may require the filing of an acceptable bond to guarantee compliance. The provisions of § 120-43 relating to excavation and operations shall apply where appropriate to sand- and gravel pits and rock quarries.
The construction of a pond requires a building permit pursuant to this Code and must be issued prior to construction at a fee to be determined by the Town from time to time.
All new ponds shall either:
Conform to the requirements of, and be approved by, the U.S. Department of Agriculture Natural Resource Conservation Service (NRCS) or the Erie County Soil and Water Conservation District (SWCD) or their successor agencies; or
Be designed and sealed by a licensed professional engineer or landscape architect.
Site plan. All pond building permit applications shall be accompanied by a site plan drawn to scale showing the total acreage of the property, property lines, existing features and structures (i.e., dwellings, accessory structures, drives, septic fields, wells, floodplains, wetlands, streams and topographical features) and the proposed pond location.
Pond site plan approval shall be by the Town Engineer or Town Building Inspector.
A pond shall not be constructed within 50 feet of any property lines, nor within 100 feet of existing or proposed septic fields or sewage disposal systems. If a subdivision of the site occurs, the fifty-foot setback requirement remains.
The pond drainway shall flow to a natural stream, creek or other suitable outlet. Man-made ditches may be utilized to effect this and avoid flowing onto neighboring property.
Dumping of garbage or rubbish shall be permitted only in locations and under conditions approved by the Erie County Department of Health. Any new or modified facilities for the treatment, storage or disposal of sewage, including excreta, bath, sink and laundry wastes or trade wastes, shall be provided and installed in accordance with the rules, regulations and standards of the New York State and Erie County Departments of Health.
No storage of Class 1 and Class 2 flammable liquid or gas shall hereinafter be established, except in a district where permitted in conformance with the requirements of the National Board of Fire Underwriters, as certified by the appropriate Fire Chief, and 20 feet or more from any property line.
The height limitations of this chapter shall not apply to chimneys, church spires and belfries, customary farm structures, water tanks or necessary mechanical features not occupying more than 1/10 of the roof area.
In any residence district, no accessory building shall be erected or altered so as to be in any front yard, in any required side yard or nearer than 10 feet to any dwelling unless attached thereto and considered part thereof for purposes of yard measurements. Accessory buildings may occupy a total of not more than 25% of the required rear yard area on any lot in an R-1 District.
Accessory buildings used for the sale of farm products, where such use is clearly incidental to the overall use of the premises as a farm, shall be permitted to be placed in the front yard off the road right-of-way. Such permitted use shall be temporary in nature and cease when no such products are offered for sale. When not in use for the sale of products, such accessory buildings must be stored on the subject premises in conformity with the Zoning Chapter. The construction of the accessory building shall be limited to the ordinary and customary construction for the use or sale of such farms products. Under no circumstances shall such farm use be construed to permit any use other than sale of normal farm products on a temporary basis.
A zoning permit shall be required prior to the erection of an accessory building in order to insure compliance with the requirements of this chapter.
Accessory buildings identified as "PODS®" shall be limited to 60 days within any one-year period. Any extension shall be at the sole discretion of the Town Board upon application of the owner.
The requirements of this chapter with respect to lot area and width shall not be construed to prevent the erection of a one-family dwelling on any lot which was of record on the effective date of this chapter, provided that the yard and setback requirements are complied with, and provided further that the owner of such lot does not own other contiguous land which, together with the lot in question, would permit compliance with said lot area and/or width requirements. Additionally, for any permitted nondwelling use in a General Business District, the above procedures shall be applied where the owner or applicant can present evidence of Health Department approval.
No dwelling shall be erected on any lot which does not have immediate frontage on an existing or platted street or highway or a private easement or right-of-way at least 50 feet wide.
No fence, wall, hedge, shrub planting or tree foliage, building or any other structure which obstructs sight lines at elevations between two and six feet above the roadway or sidewalk shall be placed on any corner lot in the triangular area formed by intersecting street property lines and a line connecting them at points 50 feet distant from their intersection or, in the case of a rounded cutoff corner, from the intersection of such lines extended.
The following fences shall be allowed within yards which are located in close proximity to human-occupied yards of adjoining property:
A wall or fence not over four feet high in any front yard or side street side yard.
A wall or fence not over seven feet high in any other yard.
Any fence erected under this chapter shall be placed at least six inches from any property line or upon property lines as mutually agreed upon by adjoining owners. Any fence erected in a front yard shall be placed at least one-foot back from the sidewalk, but in no event may it be less than one-foot back from the front line and/or property line.
The following fences and fencing materials are specifically prohibited, except for agricultural uses:
All chain link fences erected shall be erected with the closed loop at the top of the fence.
All entrances or gates shall open into the property.
Notwithstanding the provisions of this section, the Building Zoning Officer may issue a permit for the construction of a security fence for commercial and industrial properties, upon due application to and approval by the Building Zoning Officer of the Town of Holland. The Building Zoning Officer may deny such application if it is found that the application for such fence is not appropriate. Upon such denial, the applicant may appeal the Building Zoning Officer's decision to the Zoning Board of Appeals of the Town of Holland in accordance with the appeals procedure of this chapter. Building zoning permits are required for all fences described herein.
All fences or walls must be erected within the property line, and none shall be erected so as to encroach upon a public right-of-way or interfere with vehicular or pedestrian traffic or interfere with visibility on corner lots and/or other structures or vehicles, whether stationary or transitory, on private or public property.
Swimming pools. An enclosure shall be provided around outdoor swimming pools which surrounds the pool. Such enclosure shall be at least four feet in height and shall limit accessibility to the pool. Aboveground pools with at least 46 inches between pool decking or pool top and adjoining grade are exempt from this requirement, provided that access is restricted. A portable wading pool shall be exempt from this requirement.
Powers and duties of Building Zoning Officer and Zoning Enforcement Officer. The Building Zoning Officer and the Zoning Enforcement Officer shall have the authority to direct the removal, trimming or modification of any shrubs, bushes, plants, trees, flowers or other vegetation, fence, wall hedge or other structure on private or public property wherever the same shall interfere with adequate visibility of operators of motor vehicles at street intersections or curbs.
The provisions of this subsection shall govern outdoor signs and display structures with respect to location, size and maintenance.
No outdoor sign or display structure erected prior to the effective date of this section shall be rebuilt or relocated except in conformity with the provisions of this chapter. The requirements of this subsection shall not, however, be interpreted to prevent repairing or restoring to a safe condition any of the structural supports or the performance of maintenance operations on any existing sign, and further, at such time that such maintenance is performed, no change in the existing sign shall be accomplished to make the sign nonconforming or nonconforming to any greater degree than at the time of adoption of this section.
When any outdoor sign or display structure, or a substantial part thereof, is blown down, destroyed, taken down or removed for any purpose other than maintenance, any replacement shall be in conformity with all the requirements of this chapter.
No bills, signs or posters shall be posted, nor shall any such medium be affixed in any location of such size as may be in violation of any of the provisions of this chapter.
Projecting signs are prohibited over any public way except when hung from the underside or ceiling of a covered walkway related to the exterior of an individual business establishment.
No outdoor sign or display structure shall be erected, constructed or maintained so as to create or be a traffic hazard by obstructing the view of traffic at any intersection, curve or bend of any roadway or by obstructing or confusing the view to traffic signals, railroad crossing lights or other permanent traffic controls and warning lights.
No outdoor sign or display structure shall be of such character or marking as to duplicate or appear to duplicate any traffic control or highway sign.
Where specific building lines are established or street widening is contemplated, the Building Zoning Officer may limit the projection or signs in relation to the intended relocation of the curbline in that area.
Temporary signs shall conform to the provisions of this section. In addition, cloth, banner and other similar signs shall be included in the temporary permissiveness of this section with special building zoning permits issued by the Building Zoning Officer, to be valid for a period of not exceeding 30 days, for any one sign to announce special events, sales or circumstances where a permanent display would involve undue expense, provided that such signs meet the following requirements.
The area of such sign must first be permitted in the zoning district where such use is desired.
No such temporary sign shall be erected as a roof sign.
Not more than one such temporary sign shall be erected on any lot at the same time, and no more than two permits shall be issued for any lot or use in any calendar year.
No such temporary sign shall be erected or maintained in place without a valid building zoning permit.
Christmas displays and other similar temporary displays erected without advertising shall not be subject to the rules and regulations of this chapter, but they shall, however, conform to the safety standards of the Town of Holland and have the approval of the Building Zoning Officer.
Building zoning permits shall be required for all types of signs or other outdoor advertising, except as otherwise exempted by this chapter. The following conditions and regulations shall apply to the issuance of such documents:
No outdoor sign or display structure shall hereafter be erected, affixed, attached to, suspended from, supported, painted or otherwise utilized without a building zoning permit issued by the Building Zoning Officer.
Except as provided under this section, a building zoning permit shall be secured for all sign installations.
No building zoning permits shall be required of the following signs:
Signs painted or affixed to the inside surfaces of windows or doors which pertain to the business conducted therein.
Reposting of bills, signs or posters on signs legally erected and maintained for such purpose.
Municipal street, traffic emergency control and railroad crossing signs.
Legal notices and house numbers.
Temporary signs or displays authorized by municipal authorities.
One sign not over three square feet in area for personal identification or home and home professional occupations.
One unlighted real estate sign advertising the sale, rental or construction on only the premises on which it is maintained, not exceeding a total area of 12 square feet. Such sign shall be removed upon completion of the project or within six months, whichever occurs first.
All signs may be subject to review by the Town Board.
The computed area of all signs shall be measured by the smallest rectangle which shall contain the entire area of the sign or other form of outdoor advertising, exclusive of the structural supports but inclusive of the architectural features. The maximum length shall not exceed two times the width at its small dimension.
Signs for nonconforming uses.
Directional or name signs or signs pertaining to or advertising products sold on the premises of a nonconforming building or use may be continued only when the nonconforming use is permitted to continue, and any such signs shall not be expanded in area, height, number or illumination.
New signs for a nonconforming use in a business or manufacturing district not exceeding 30 square feet of exterior surface shall be permitted and may be erected only after all other signs are removed.
Permitted signs for applicable uses:
R-A and R Districts wherein a building zoning permit shall be required, except for Subsection C(1)(a).
Farms shall be permitted sign area of not over 20 square feet to identify each such farm and additional sign area of 20 square feet for advertising such products as are raised on said farm and sold from a stand located upon said farm.
One illuminated bulletin board or identification sign not exceeding 40 square feet for any school, hospital or public or semipublic use shall be permitted.
Multifamily residences shall be permitted one sign not exceeding six square feet in area.
One unlighted sign not over three square feet in area for personal identification or home and home professional occupations.
GB or HB Districts.
Size on building. A face sign on the front of a building shall not exceed 20% of the total surface of such face on one story, including areas occupied by doors and windows. Signs on each additional face shall not exceed 10% of the total surface of the front of the building, provided further that no sign shall exceed 20% of the face to which it is attached.
Size, detached or freestanding: not to exceed 50 square feet in area nor more than 20 feet in height above ground level, and which advertises only the name of the owner, trade names, trademark, products sold and/or the business or activity conducted on the premises whereon the sign is located and which shall be set back at least five feet from any highway or street. Where a building has frontage on more than one street or public highway, one such sign shall be permitted for each street frontage.
Shopping centers (where permitted).
Each use or business within the shopping center may erect a sign containing not over 10 square feet of area on either of two faces.
The shopping center as a unit may erect no more than two signs to advertise the center as such, so long as the aggregate area of such signs is not over 1,000 square feet and no single sign is over 500 square feet on either of two faces.
All illuminated signs shall require approval of the Town Board which reserves the right to establish special conditions.
Farms shall be permitted sign area of not over 20 square feet to identify each such farm and additional sign area of 20 square feet for advertising such products as are raised on said farm and sold from a stand located upon said farm.
Four hundred square feet for each use or any one industry in a building covering more than 55,000 square feet of land area in an M Manufacturing District shall be permitted oversized sign area, calculated at 2% of the floor area over 40,000 square feet, but in no case shall any sign be larger than 1,000 square feet.
The limitations on signs as set forth for the various zones by this section shall not apply to any sign or directional device erected by the federal, state, County or local government or agency thereof.
The limitations on sign area as set forth by this section for the business and industrial zones shall not apply to parking lot markers, directional signs, entrance and exit signs and other such signs which are erected on the premises, provided that such signs use only one side and do not contain any advertising of the use on the premises.
No animated or flashing signs shall be permitted.
No signs shaped or resembling traffic signs shall be used for advertisement purposes.
Directional signs, at the discretion of the Building Zoning Officer, may be permitted in instances where the location of the business, off the main arteries of traffic, necessitate such a sign or signs.
A plan showing design, layout, dimensions and heights, along with the description of the proposed location of the sign, shall be submitted in duplicate to the Building Zoning Officer. These signs shall be:
Self-supporting, with mounting posts at a depth below the frost level.
Not to exceed two feet high by two feet wide.
Erected and maintained by the person or persons to whom the permit is issued.
Strategically located to effect the purpose of this subsection.
Directional in nature only.
Permitted on New York Route 16 in the Town of Holland, excluding the area extending from the intersection of Route 16 and Partridge Road southerly to 2,400 feet south of the intersection of Route 16 and Vermont Street.
No more than two directional signs shall be permitted on the property of any individual owner.
The Town Board reserves the right to vary any terms of this subsection, in its sole discretion.
The foregoing sign limitations shall not apply to directional signs in use for a period of 24 hours or less.
Upon consideration, the Building Zoning Officer shall recommend to the Town Board the issuance of a permit. Permits will be issued on a temporary but renewable basis to include the requirements of this subsection and such other provisions as the Building Zoning Officer may deem necessary.